IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 30604 OF 2025 (CS-RES)

BETWEEN:

1. K.P.T.C.L EMPLOYEES CO-OPERATIVE SOCIETY LTD.,

UMBLEBAILU ROAD, MESCOM OFFICE BUILDING

BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577301,

REGISTERED UNDER KARNATAKA CO-OPERATIVE

SOCIETIES

ACT, 1959 REPRESENTED BY ITS DELEGATE,

SRI. HEMANNA .G, S/O GANGADHARAPPA,

AGED ABOUT 57 YEARS.

2. SRI. GURU SIDDARAMAESHWAR BHOVI MULTIPURPOSE

CO-OPERATIVE SOCIETY LTD., BHOVI COMPLEX,

BALARAJ URS ROAD, SHIVAMOGGA DISTRICT-577201,

REGISTERED UNDER KARNATAKA CO-OPERATIVE

SOCIETIES ACT, 1959, REP. BY ITS DELEGATE SRI. P.

KAUSHIK CHANDAN,

S/O LATE PURUSHOTTAM, AGED ABOUT 42 YEARS.

3. MADIWALA CO-OPERATIVE SOCIETY LTD.,

Digitally signed by

PRASHANTH N V ANUPINAKATTE ROAD, SWAMI VIVEKANANDA

Location: H igh LAYOUT, SHIVAMOGGA DISTRICT-577204,

Court of

REGISTERED UNDER KARNATAKA CO-OPERATIVE

Karnataka

SOCIETIES ACT, 1959, REP. BY ITS DELEGATE,

SRI. C.S CHANDRABHUPAL, AGED ABOUT 73 YEARS,

4. SHIVAMOGGA DISTRICT WOMEN'S MULTIPURPOSE

CO-OPERATIVE SOCIETY LTD., M.I.G 274,

KALLAHALLI 2^ND STAGE, KHB COLONY, VINOBANAGAR, SHIVAMOGGA DISTRICT-577204. REGISTERED UNDER

KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, REP. BY ITS DIRECTOR/DELEGATE, SMT. ZEENATH

GHOUSE, W/O MOHAMMED GHOUSE,

AGED ABOUT 65 YEARS.

5. SHIVAMOGGA DISTRICT POLICE EMPLOYEES CREDIT CO-OPERATIVE SOCIETY LTD., DISTRICT POLICE OFFICE BUILDING B H ROAD, SHIVAMOGGA DISTRICT-577201, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, REP. BY ITS DELEGATE, SRI. M. ARUN KUMAR, S/O M.V OMKARAPPA, AGED ABOUT 46 YEARS.

…PETITIONERS (BY SRI. VARUN J. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY.

3. THE SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., 2^ND PHASE, VINOBANAGAR, SHIVAMOGGA DISTRICT-577204 REPRESENTED BY ITS CEO. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

4. THE RETURNING OFFICER, THE SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., 2^ND PHASE, VINOBANAGAR, SHIVAMOGGA DISTRICT-577204 AND ALSO AT ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAGAR SUB-DIVISION, SAGAR TALUK, SHIVAMOGGA …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R4.

SRI. A. DEVARAJ, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 AND 4 TO INCLUDE THE NAME OF THE PETITIONER SOCIETY IN THE FINAL ELIGIBLE VOTERS LIST AT ANNX-D AND PERMIT THE PETITIONERS TO CAST ITS VOTE IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 12.10.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioners - Societies have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.3 and 4 to include their names in the final eligible voters list produced as per Annexure-D and permit them to cast vote in the upcoming election of respondent No.3 - Society, which is scheduled on 12.10.2025.

2. As per the interim order dated 10.10.2025 passed by this Court, respondent No.4 - Returning Officer was directed to permit petitioner No.4 - Society to cast vote in the election and to keep the vote cast by petitioner No.4 in a separate sealed cover, awaiting further orders from this Court.

3. Now it is stated that the election was held and petitioner No.4 has already cast vote, which is kept separately by respondent No.4 as per the direction of this Court.

4. In view of the above, if at all the petitioners are required to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, so noting remains to be considered by this Court. Hence, I proceed to pass the following: