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. 107747 OF 2025 (CS-EL/M)

BETWEEN:

JAGADISH S/O. BASAPPA HITTALAMANI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. AMBADAGATTI, TQ. KITTUR, DIST. BELAGAVI - 591 112.

…PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE)

AND:

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

2. THE CO-OPERATIVE ELECTION AUTHORITY, BY ITS COMMISSIONER, 3^RD FLOOR, T.T.M.C. BUILDING, A-B, PCL Digitally signed by SHANTI NAGAR, BENGALURU - 560 027.

RAKESH S HARIHAR Location: High 3. THE DEPUTY COMMISSIONER AND Court of Karnataka, ELECTION OFFICER OF FEDERAL Dharwad Bench, CO-OPERATIVE SOCIEITIES, BELAGAVI, Dharwad DIST. BELAGAVI – 591 001.

4. THE JOINT REGISTRAR AND AUDITOR OF CO-OPERATIVE SOCIETIES, BELAGAVI DIVISION, BELAGAVI, THE BELAAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., AND VERIFICATION OFFICER OF ELECTORAL ROLL, BELAGAVI DISTICT, DIST. BELAGAVI – 591 001.

5. THE ASSISTANT REGISTRAR, OF CO-OPERATIVE SOCIEITIES, KITTUR DIVISION, KITTUR, DIST. BELAGAVI – 591 112.

6. THE RETURNING OFFICER, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., BELAGAVI, AND THE ASSISTANT COMMISSIONER BELAGAVI SUB-DIVISION, BELAGAVI, DIST. BELAGAVI-590 001.

7. THE BELAGAVI DISTRICT CENTRAL, CO-OPERATIVE BANK LTD., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER HEAD OFFICE OLD PB ROAD, BELAGAVI, DIST. BELAGAVI-590 016.

8. THE MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY AMBADAGATTI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ. KITTUR, DIST. BELAGAVI-591 112.

…RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3, R4 & R5; SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2 & R6;

SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR C/R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 08.10.2025 ISSUED BY THE CEO OF THE RESPONDENT NO. 7 IN NAM.MU.KA.NEE.NO.00947/2025-26 VIDE ANNEXURE P, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 6-RETURINGING OFFICER TO INCLUDE THE NAME OF PETITIONER IN THE FINAL LIST OF ELIGIBLE VOTERS DATED 03.10.2025 ISSUED BY THE RESPONDENTS VIDE ANNEXURE M, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS 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.

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

The underlining is by this Court.

10. These provisions do not leave any room for doubt that an excluded memb