IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107514 OF 2025 (CS-EL/M)

BETWEEN:

1. SHRI BASAVESHWARA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY, CHIKKBELLIKATTI, BAILHONGAL TALUK, DIST: BELAGAVI – 591 102, REP.BY ITS CHIEF EXECUTIVE OFFICER, SRI. SIDDAYYA SOMAYYA HUGGI, AGE ABOUT 51 YEARS.

2. SHEKHAPPA GANGAPPA NARENDRA, OCC: AGRICULTURE, DELEGATE AND PRESIDENT OF THE

1^ST PETITIONER SOCEITY, AGE ABOUT 51 YEARS, R/O: CHIKKABELLIKATTI, BAILHONGAL TALUK, DIST: BELAGAVI – 591 102.

…PETITIONERS (BY SRI. V. R. SARATHY AND SRI. PRASHANT A. WADAYAR, ADVOCATES)

Digitally signed by AND:

RAKESH S HARIHAR L C o o c u a r t t i o o n f : Hig h 1. THE DISTRICT ELECTION COMMISSIONER Karnataka, AND DEPUTY COMMISSIONER, BELAGAVI, Dharwad Bench, DIST: BELAGAVI – 590 001.

Dharwad

2. THE RETURNING OFFICER AND ASSISTANT COMMISSIONER, BELAGAVI, TO CONDUCT ELECTION TO THE BELAGAVI DISTRICT CENTRAL CO OPERATIVE BANK LTD., BELAGAVI, DSIT: BELAGAVI – 590 001.

3. BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEAR CENTRAL BUS STAND BELAGAVI, DIST: BELAGAVI – 590 016, R/BY ITS CHIEF EXECUTIVE OFFICER.

4. THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT AND ALSO VERIFICATION OFFICER FOR THE BDCC BANK ELECTION BELAGAVI, DIST: BELAGAVI – 590 001.

5. THE CO-OPERATIVE ELECTION AUTHORITY, DEPARTMENT OF CO-OPERATION, 3RD FLOOR, TTMC BUILDING, A BLOCK, SHANTINAGAR, BENGALURU – 27.

…RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R2 AND R4;

SRI PRAMOD N. KATHAVI, SENIOR COUNSEL FOR SRI. SHIVARAJ P. MUDHOL, ADVOCATE C/R3;

SRI. G.V.BHARAMAGOUDA, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE FINAL VOTER LIST OF BAILHONGAL CONSTITUENCY DATED 03.10.2025 (ANNEXURE-H) TO THE EXTENT OF NON-INCLUSION OF THE NAMES OF THE 1^ST PETITIONER SOCIETY AND THE 2^ND PETITIONER (DELEGATE), AND CONSEQUENTLY SET ASIDE THE CORRESPONDING INELIGIBLE VOTER LIST. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED. 18.10.2025 BEARING NO. MU.KA.NI.00945/2025-26 ISSUED BY THE 3RD RESPONDENT (ANNEXURE-J). ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE 1ST PETITIONER SOCIETY IN THE VALID VOTER LIST AND TO PERMIT THE 2ND PETITIONER TO VOTE IN THE ELECTION SCHEDULED ON 19.10.2025 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMNARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioners are before this Court seeking for quashment of a final voter list for Bailhongal constituency insofar as it excludes the names of the first petitioner - Society and the second petitioner - Delegatee to vote in the ensuing elections to be held on 19.10.2025.

2. Heard learned counsel Sri.V.R.Sarathy appearing for the petitioners and the learned senior counsel Sri.Pramod N.Kathavi representing third respondent –

Society.

3. The issue in the lis revolves round the impugned order dated 08.10.2025 vide Annexure-J, it reads as follows:

“

ªÉÄîÌAqÀ «µÀAiÀÄ ºÁUÀÆ G¯ÉèÃRPÉÌ ¸ÀA§A¢ü¹zÀAvÉ £ÀªÀÄä ¨ÁåAQ£À ZÀÄ£ÁªÀuÉAiÀÄ£ÀÄß ¢£ÁAPÀ:19-10-2025 gÀAzÀÄ dgÀÄV¸À®Ä ¤UÀ¢¥Àr¸À¯ÁVgÀÄvÀÛzÉ. vÀªÀÄä ¸ÀAWÀPÉÌ DqÀ½vÁ¢üPÁj £ÉêÀÄPÀ ªÀiÁrzÀÄÝ ºÁUÀÆ ¸ÀÆPÀÛ zÁR¯ÁwUÀ¼À£ÀÄß MzÀV¸ÀzÉà EgÀĪÀ PÁgÀt ¤ªÀÄä ¸ÀAWÀªÀ£ÀÄß ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959 PÀ®A 20(2) B (1) gÀ ¥ÀæPÁgÀ .”

C£ÀºÀðUÉƽ¸À¯ÁVzÉAiÉÄAzÀÄ F ªÀÄÆ®PÀ w½¹zÉ

4. The first petitioner – Society, is made ineligible delegate the second petitioner to vote in the ensuing elections on the ground that the first petitioner has suffered disqualification under Section 20(2)(b)(i) of the Karnataka Co-operative Societies Act, 1959.

5. The learned counsel Sri.V.R.Sarathy submits that Section 20(2)(b)(i) of the Act is not even applicable. In the case at hand, as the said provision would become applicable only in t