2025 Supreme(Online)(Kar) 41269
THE HIGH COURT OF KARNATAKA
R DEVDAS AND MURALIDHARA PAI B
S.H.M MANJUNATH S/O S.H.M SHANMUKHAIAH – Appellant
Versus
IDBI BANK – Respondent
RFA 100444/2025
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. 107707 OF 2025 (CS-EL/M)
BETWEEN:
1. VIVIDHODESH PRATHAMIK GRAMIN KRISHI SAHAKARI SANGH NIYAMIT, SAVATGI, TAL: KITTUR, DIST: BELAGAVI, R/BY ITS CHAIRMAN, SHRI. RUDRAGOUDA N. PATIL, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: SAVATGI, TAL: KITTUR, DIST: BELAGAVI- 591104.
2. SHRI. RUDRAGOUDA S/O NINGANGOUDA PATIL, AGE: 36 YEARS, OCC: CHAIRMAN AND MEMBER, R/O: SAVATGI, TAL: KITTUR, DIST: BELAGAVI- 591104.
… PETITIONERS (BY SRI. PRANAV S. KATAGERI, ADVOCATE)
AND:
Digitally signed by RAKESH S HARIHAR 1. THE PRINCIPAL SECRETARY, Location: High Court of DEPARTMENT OF CO-OPERATION, Karnataka, STATE OF KARNATAKA, 6TH FLOOR, Dharwad Bench, Dharwad M.S. BUILDING, BENGALURU -560052.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1 ALI ASKER ROAD, BENGALURU - 560 052.
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BENGALURU -560027.
REPRESENTED BY ITS COMMISSIONER.
4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI, TALUKA: BELAGAVI, DIST: BELAGAVI.
PIN CODE: 590006.
5. THE RETURNING OFFICER, BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., DIST: BELAGAVI, PIN CODE: 590001.
6. THE DISTRICT ELECTION COMMISSIONER DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI- 590001.
7. BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEAR CENTRAL BUS STAND, BELAGAVI DIST: BELAGAVI- 590001.
R/BY ITS CHIEF EXECUTIVE OFFICER.
RESPONDENTS (BY RAMESH CHIGARI, AGA FOR R1, R2, R5;
SRI. SHIVARAJ P. MUDHOL, ADVOCATE C/R7;
SRI. G.V.BHARAMAGOUDA, ADVOCATE FOR R3, R4, R6)
THESE WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO, A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE FINAL INELIGIBLE VOTER LIST OF KITTUR CONSTITUENCY DATED 03.10.2025 (ANNEXURE-E1) TO THE EXTENT OF NON-INCLUSION OF THE NAMES OF THE 1ST PETITIONER SOCIETY AND THE 2ND PETITIONER (DELEGATE) PASSED BY RESPONDENT NO.7. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 10.10.2025 BEARING NO. Mu.Ka.Ni./ /2025-26 NO. 00968, ISSUED BY THE RESPONDENT NO.7 VIDE ANNEXURE-F. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE 1 PETITIONER SOCIETY AND 2ND PETITIONER IN THE VALID VOTER LIST VIDE ANNEXURE-E AND TO PERMIT IT TO VOTE IN THE ELECTION SCHEDULED ON 19.10.2025 AS PER CALENDAR OF EVENTS PRODUCED AT ANNEXURE-A DATED 30.09.2025 PASSED BY RESPONDENT NO.5 OR D AND ETC., THIS WRIT 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 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 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 bef