IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108011 OF 2025 (CS-EL/M)

BETWEEN:

1. SHRI. MOHANDAS S/O JAGADISH NAYAK, AGE. 50 YEARS, OCC. SERVICE, R/O. SURABHI NILAYA, T.S.S.ROAD, NEW MARKET YARD, POST SIRSI, UTTARA KANNADA- 581402.

2. SHREE VENKATESWAR VIVIDODDESHAGALA SOUHARD SAHAKARI SANGHA, R/BY ITS SECRETARY SHRI. NAGENDRA V. NAYAK, AGE. 50 YEARS, OCC. SERVICE, ADDRESS: NEAR T.S.S. ROAD, SIRSI, UTTAR KANNADA- 581401.

…PETITIONERS (BY SRI. SOURABH HEGDE, ADVOCATE)

AND:

Digitally signed by VISHAL NINGAPPA PATTIHAL 1. THE STATE OF KARNATAKA, Location: High Court of Karnataka, R/BY ITS PRINCIPAL SECRETARY Dharwad Bench, Dharwad DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE- 590001.

2. THE CO-OPERATIVE ELECTION AUTHORITY, R/BY ITS COMMISSIONER, TTMC BLOCK, SHANTI NAGAR, BANGALORE- 590027.

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BELAGAVI, REGION BELAGAVI- 590001 AND ELECTION OFFICER TO ALL SECONDARY SOCIETES AND BELAGAVI REGION NEAR JAKKERI HONDA, BELAGAVI- 590001.

4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, DIST. KARWAR- 581342.

5. THE RETURNING OFFICER, DCC BANK LTD./ ASSISTANT COMMISSIONER, SIRSI, UTTARA KANNADA- 581412. 6. THE CHIEF ELECTION OFFICER/

DEPUTY COMMISSIONER, TQ. KARWAR, UTTARA KANNADA- 581359.

7. THE CANARA DCC BANK LTD., SIRSI, UTTARA KANNADA, APMC YARD SIRSI UTTARA KANNADA- 581401.

…RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3, R4 & R5, SRI. VISHWANATH HEGDE, ADVOCATE FOR R7, SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2 & R6)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AN

227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT THE ELECTION HELD ON 25.10.2025 VIDE ANNEXURE-A TO THE 7^TH RESPONDENT SOCIETY IS ILLEGAL IN TERMS OF THE AMENDMENT OF RULE 14(L) ON 29-07-2017 BY NOTIFICATION NO. CO 123 CLM 2016 VIDE ANN-B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.5 AND 6 TO HOLD FRESH VOTING TO THE 6^TH RESPONDENT SOCIETY AND IN THE INTEREST OF JUSTICE AND EQUITY 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. The petitioner is before this Court seeking the following prayer:

A. A writ in the nature of Declaration, declaring that the Election held on 25.10.2025 vide ANNEXURE-A to the 7^th respondent society is illegal in terms of the amendment of Rule 14(L) on 29-07-2017 by notification no. CO 123 CLM 2016 VIDE ANN-B.

B. Issue a writ in the nature of mandamus directing the respondents no.5 and 6 to hold fresh voting to the 6^th respondent society.

C. Issue any other Writ/Direction as deemed necessary.

2. Heard the learned counsel Sri.Sreevatsa Hegde for Sourabh Hegde, appearing for petitioner, learned AGA- Sri.Ramesh Chigari, appearing for respondent Nos.1, 3, 4 and 5, learned counsel Sri.G.V.Bharamagoudar, appearing for respondent No.6 and learned counsel Sri.Vishwanath Hegde, appearing for respondent No.7.

3. The learned counsel appearing to the petitioner would contend that the process of election is seriously compromised in the case at hand as there is serious malpractice with regard to depiction of the ballot paper, which according to the learned counsel Sri.Sreevatsa S.

Hegde is contrary to Rule 14 (L).

4. The relevant provisions read as follows.

5. Learned AGA-Sri.Ramesh Chigri, appearing for respondent Nos.1, 3, 4 and 5 and the learned counsel Sri.Vishwanath Hegde, appearing for the respondent No.7, vehemently refute the submission, contending that this Court, while exercising its jurisdiction under Article 226 of the Constitution of India, once the elections are over, would not would be loath to interfere unless the arbitrariness is palpable and demonstrable.

6. The learned counsel submits that the issue with regard to the compromised ballot paper during the election has to be adjudicated on the strength of evi