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2025 Supreme(Online)(Kar) 41244

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
PRIMARY AGRICULTURAL CREDIT CO -OPERATIVE SOCIETY LIMITED ADARAKATTI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 106990/2025



IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106990 OF 2025 (CS-EL/M)

BETWEEN:

1. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, ADARAKATTI, TQ: LAXMESHWAR, DIST: GADAG, REPRESENTED BY ITS DIRECTOR/DELEGATE VEERABHADRAPPA S/O MAHADEVAPPA SHIGLI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: ADARAKATTI, TQ: LAXMESHWAR, DIST: GADAG- 582 116

2. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIEYT LIMITED, SURANAGI, TQ: LAXMESHWAR, DIST: GADAG, REPRESENTED BY ITS DIRECTOR/

Digitally signed by DELEGATE IRAPPA RAKESH S HARIHAR S/O GUTTEPPA MEGALAMANI, Location: High AGE: 71 YEARS, OCC: AGRICULTURE, Court of Karnataka, R/O: SURANAGI, TQ: LAXMESHWAR, Dharwad Bench, Dharwad DIST: GADAG- 582 116.

3. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, AKKIGUND, TQ: LAXMESHWAR, DIST: GADAG, REPRESENTED BY ITS DIRECTOR/DELEGATE BASAVARAJ S/O RAMAPPA WALIKAR AGE: 39 YEARS, OCC: AGRICULTURE, R/O: AKKIGUND, TQ: LAXMESHWAR, DIST: GADAG- 582 116.

…PETITIONERS (BY SRI. K.L. PATIL, ADVOCATE)

AND:

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

2. THE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, “A” BLOCK K.H. ROAD, SHANTINAGAR, TTMC, BENGALURU- 560027.

3. THE RETURNING OFFICER, LAXMESHWAR TALUK AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LIMITED (T.A.P.C.M.S.)

LAXMESHWAR, DIST: GADAG- 582 116.

4. THE CHIEF EXECUTIVE OFFICER, LAXMESHWAR, TALUK: AGRICULTURAL PRODUCERS CO-

OPERATIVE MARKETING SOCIETY LIMITED, (T.A.P.C.M.S.) LAXMESHWAR, DIST: GADAG- 582 116.

5. SATISHGOUDA S/O SHANKARGOUDA PATIL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: F. BADNI, TQ: LAKSHMESHWAR, DIST: GADAG.

6. NARENDRA S/O TIPPANNA JALAWADGI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: BALEHOSUR VILLAGE, TQ: LAKSHMESHWAR, DIST: GADAG.

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

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA IS PRAYING TO, A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED FINAL NON- ELIGIBLE VOTER LIST PUBLISHED BY THE 4TH RESPONDENT VIDE ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER SOCIETIES IN THE FINAL ELIGIBLE VOTER LIST AND TO PERMIT THE DELEGATES PETITIONER SOCIETIES TO CONTEST AND CAST THEIR VOTE IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 4TH RESPONDENT AS PER ELECTION NOTIFICATION DATED 28/09/2025 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-H BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE. C. TO ISSUE WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 4TH RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. D. PASS SUCH OTHER ORDER/ORDERS AS THIS HON’BLE COURT DEEMS FIT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING ORDER AS TO COSTS, IN THE INTEREST OF JUSTICE.

THIS 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 7th 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 Elec

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