IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29047 OF 2024 (CS-EL/M)

BETWEEN:

1. CHIKKAHULIKUNTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., CHIKKAHULIKUNTE, SIRA TALUK, TUMKUR DISTRICT-572 113, BY ITS PRESIDENT, H.G. VIJAY KUMAR, S/O. GUJJARAPPA, AGED ABOUT 59 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

2. SHIVANAYYANAPALYA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., SHIVAYAYANAPALYA, SIRA TALUK, TUMKUR DISTRICT-572 135, Digitally signed BY ITS PRESIDENT, by SUMA SRI. S.T. UMESHA Location: HIGH COURT OF S/O. THIMANNA, KARNATAKA AGED ABOUT 30 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

3. BASAVANAHALLI MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY LTD., BASAVANAHALLI, SIRA TALUK, TUMKUR DISTRICT-572 135, BY ITS PRESIDENT, SMT. LAKSHMIDEVI, W/O. RAJANNA, AGED ABOUT 51 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

…PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560 001.

2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027.

3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107.

4. THE RETURNING OFFICER/ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107.

5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107.

BY ITS MANAGING DIRECTOR, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

…RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4;

SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2;

SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED NIL IN NUMBER NIL VIDE ANNEXURE-E TO E1 ISSUED BY THE RESPONDENT NO.5 UNION AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

In this petition, the petitioners being the members of primary societies have sought for the following reliefs:-

(i) Issue a writ in the nature of certiorari or any other appropriate nature quashing the order dated Nil in number Nil vide Annexure-E to E1 issued by the respondent No.5 Union.

(ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondent Nos.3 and 5 to permit the petitioner societies to cast their vote in the elections scheduled to be held on 10.11.2024 for the years 2024 to 2029 and conduct the elections to the respondent No.5 Union for the term 2024 to 2029.

2. The petitioners contend that the election to the federal society namely, Tumakuru District Milk Producers Co- operative Societies Union Limited (henceforth referred to as 'District Milk Union') was scheduled on 10.11.2024 for the co- operative year 2024-29. They contend that they had availed minimum services as prescribed under the byelaws and were eligible in all respects to vote and contest at the election to the Managing Committee of District Milk Union. They contend that they have not suffered any disqualification under Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act of 1959'). They also contend that they had supplied more than 150 kg milk for a minimum 270 days as prescribed under the byelaws of the District Milk Union. They contend that the term of Managing Committee of their societies came to an end on 03.04.2024, 08.06.2024 and 28.10.2024 respectively.

3. They further contend that the