IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107511 OF 2025 (CS-EL/M)

BETWEEN:

1. PRIMARY CREDIT CO-OPERATIVE SOCIETY, HOSA KADARAVALLI, KITTUR TALUK, DIST. BELAGAVI- 591115, REP/BY ITS CHIEF EXECUTIVE OFFICER, SHIVAPPA MADIWALAR, AGE ABOUT 56 YEARS.

2. MUDAKAPPA S/O SHIVAPUTRA MARADI, AGE ABOUT 34 YEARS, OCC. PRESIDENT AND DELEGATE OF

1^ST PETITONER SOCIETY, R/O: HOSA KADARAVALLI, KITTUR TALUK, Digitally signed by DIST. BELAGAVI- 591115.

RAKESH S …PETITIONERS HARIHAR Location: High (BY SRI. SADIQ N. GOODWALA, AND Court of Karnataka, SRI. PRASHANT WADEYAR, ADVOCATE)

Dharwad Bench, Dharwad AND:

1. THE DISTRICT ELECTION COMMISSIONER AND AND DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI- 590001.

2. THE RETURNING OFFICER AND ASSISTANT COMMISSIONER, BELAGAVI, TO CONDUCT ELECTION TO THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., BELAGAVI, DIST. BELAGAVI- 590001.

3. BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEAR CENTRAL BUS STAND BELAGAVI, DIST. BELAGAVI- 590016, 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- 590001.

5. THE CO-OPERATIVE ELECTION AUTHORITY, DEPARTMENT OF CO-OPERATION, 3^RD FLOOR, TTMC BUILDING, A BLOCK, KENGAL HANUMATHAIAH ROAD, RAJARAM MOHANROY EXTENSION, SHANTINAGAR, BENGALURU- 27.

…RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R2 & R4, SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR C/R3, SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R5, AND SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE FINAL VOTER LIST OF KITTUR CONSTITUENCY DATED 03.10.2025 (ANNEXURE-F) TO THE EXTENT OF NON- INCLUSION OF THE NAMES OF THE 1^ST PETITIONER SOCIETY AND THE 2^ND PETITIONER (DELEGATE); B) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 04.10.2025 BEARING NO. MU.KA.NI./ /2025-26 NO. 00933, ISSUED BY THE 3^RD RESPONDENT VIDE ANNEXURE-H; C) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE 1^ST PETITIONER SOCIETY AND 2^ND PETITIONER IN THE VALID VOTER LIST AND TO PERMIT IT TO VOTE IN THE ELECTION SCHEDULED ON 19.10.2025 AND D) PASS ANY OTHER ORDER, WHICH THIS HON’BLE COURT MAY DEEM FIT, INCLUDING THE COST OF THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL ORDER

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

1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7^th June

2022. The Coordinate Bench of this Court held as follows:

“8. In the light of these rival submissions, the question for consideration is:

Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.

9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder:

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:-

(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;

(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;

(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election.