ORAL ORDER

The petitioners have sought for a writ in the nature of certiorari to quash the notice dated 12.05.2025 issued to them that they are ineligible to vote under Rule 13-D(2-A)(i)(ii) of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules of 1960') and Section 20(2)(b)(iv)(a) and (b) of the Karnataka Cooperative Societies Act, 1959 (henceforth referred to as 'Act of 1959') and disallowing them from participating in the elections to the respondent No.5 scheduled on 28.05.2025. They have also sought for a writ in the nature of mandamus to direct the respondents to permit them to participate in the elections.

2. (i) The petitioners contend that they are all Primary Agricultural Credit Co-operative Societies and are entitled to send their delegates to the respondent No.5. They contend that the term of the Managing Committee of the respondent No.5 came to an end and hence, elections to the Managing Committee of the respondent No.5 for the period 2025-2030 was scheduled on 28.05.2025. The respondent No.4 was appointed as the returning officer to conduct elections. They contend that under Rule 13-D(5) of the Rules of 1960, it is the duty of the Chief Executive Officer of the respondent No.5 to prepare (i) a draft list of eligible members or representatives or delegates with right to vote, (ii) a list of members whose repayments fall due before the date fixed for publication of final list of voters, (iii) a list of defaulters, (iv) a list of members/representatives, delegates who are not eligible, indicating the reasons for their ineligibility and submit them to the Election Officer along with the related records. They contend that under Rule 13-D(3) of the Rules of 1960, the Election Officer is bound to publish the draft list of eligible voters, a list of defaulters, a list of members whose repayment falls due before 15 days prior to the date of elections and call for objections, if any and call upon the defaulting members to repay the amount to the Co-operative Society on or before 30 days prior to the date of the election and verify the voters list after payment by the defaulters and publish the final list of eligible voters 15 days prior to the date of the elections.

(ii) They contend that the respondent No.4 issued a provisional/draft list of voters, which showed that out of total 1129 members only 504 were eligible to participate in the elections. They contend that they were shown as ineligible members in view of non-compliance of Section 20(2)(b)(iv)(a) and (b) of the Act of 1959 and Rule 13-D(2A)(i) and (ii) of the Rules of 1960. They contend that Section 20(2)(b)(iv)(a) and (b) has no object to be achieved and hence, they cannot be excluded from the democratic process of electing the Managing Committee of the respondent No.5.

(iii) Since their names were included in the list of ineligible voters, the petitioners are before this Court challenging the inclusion of their names in the ineligible list of voters, on the ground that the procedure under Rule 13-D of the Rules of 1960 was not followed. Therefore, they sought for a writ in the nature of certiorari to quash the list in so far as they are concerned and to issue a writ in the nature of mandamus to permit them to participate in the election to the Managing Committee of the respondent No.5 scheduled on 28.05.2025.

3. This Court in terms of an interim order dated 27.05.2025, permitted the petitioners to cast their votes at the election to the Managing Committee of the respondent No.5 scheduled on 28.05.2025 and directed the returning officer to keep their votes in a separate ballot box. The result of the election was to be declared after obtaining necessary orders from the Court. This Court in terms of an order dated 11.07.2025, directed the learned counsel for the respondent No.6 to place on record documents to show compliance of Section 20(2)(b)(iv)(a) and (b) of the Act, 1959. Accordingly the respondent No.5 has filed an affidavit of the C