Government exemptions allow newly registered co-operative societies to vote, overriding internal clarifications against their participation.

ORAL ORDER

1. The petitioners have filed these writ petitions seeking following reliefs:

WP No.39397/2025:

“a) Issue a writ of appropriate nature Declaring that Respondent Nos.6 to 67 Societies are disqualified from voting under Section 20 (2)(a-iii) of the Karnataka Co-Op Societies Act, 1959 to the Elections of the 5th respondent society scheduled on 06.01.2026, Vide No.CHUNAAVANE. VIVA / 10 / 2025, dated. 13.11.2025 as per Annexure-A.

b) Issue a writ of certiorari quashing the voter list so far it include Respondent Nos.6 to 67 at Sl.Nos.91 to 153 in Modified Voter list Vide No. CHUNAAVANE / VIVA / 10 / 2025-26, dated 20.12.2025 as per Annexure-M, that have not completed twelve months' membership as on 06.01.2026 and excluded in the eligible final voters' list Vide No. CHUNAAVANE / VIVA / 10 / 2025, dated. 13.11.2025, produced as Annexure-C and not to permit them to participate in the election of Respondent No.5 to be conducted on 06.01.2026;

c) Issue a writ of appropriate nature Declaring that Govt order dated.29.05.2025 No. CO/142 CLS/2025, Bengaluru, as per Annexure-F is not applicable to respondent nos.6 to 67 societies in view of Clarification Vide No.SACHUPRAA/ BEM. PRAA / APEX / AAMANCHU / 39 / 2024-25, dated.26.06.2025, issued by Respondent nos.2, as per Annexure-G; and

d) Grant any other appropriate reliefs having regard to the facts and circumstance of case warrants in ends of justice”

WP No.38350/2025:

“a) Issue a writ of appropriate nature Declaring that Respondent-nos.6 to 33 Societies are disqualified from voting under Section 20 (2)(a-iii) of the Karnataka Co-Op Societies Act, 1959 to the Elections of the 5th respondent society scheduled on 06.01.2026 Vide No.CHUNAAVANE. VIVA / 10 / 2025 / 26 dated 13.11.2025 as per Annexure-B.

b) Issue a writ of mandamus directing Respondent Nos. 1 to 4 not to include Respondent Nos.6 to 33 that have not completed twelve months' membership as on 06.01.2026 in the eligible final voters' list Vide No.CHUNAAVANE. VIVA / 10 / 2025 / 26, dated. 13.11.2025, produced as Annexure-C and not to permit them to participate in the election of Respondent No.5 to be conducted on 06.01.2026;

c) Issue a writ of appropriate nature Declaring that Govt order dated.29.05.2025 No. CO/142 CLS/2025, Bengaluru, as per Annexure-F is not applicable to respondent nos.6 to 33 societies in view of Clarification Vide No.SACHUPRAA/ BEM.PRAA/ APEX / AAMANCHU / 39 / 2024-25, dated.26.06.2025, issued by Respondent no.2, as per Annexure- H; and

d) Grant any other appropriate reliefs having regard to the facts and circumstance of case warrants in ends of justice”

2. Brief facts leading rise to the filing of these writ petitions are as follows:

3. Election to the Board of Directors of Respondent No.5 - Federal Society was scheduled to be held on 06.01.2026. The petitioner, through its delegates, is contesting to the post of Directorship. Respondent societies are newly registered societies hardly having completed 12 months.

4. On 29.05.2025, the Government issued an Order purporting to grant exemption under Section 20 (2)(a-iii) read with Section 121 of the KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 (‘Act of 1959’ for short) to newly registered Primary Agricultural Credit Societies (PACS), which obtained membership before 30.04.2025.

5. On 26.06.2025, respondent No.2 – the State Co- operative Election Authority issued specific clarification addressed to the President of respondent No.5 - Karnataka Co-operative Poultry Federation Ltd., stating that, Government Order dated 29.05.2025 granting exemption under Section 121 in respect of Section 20 (2)(a-iii), is confined to the elections of certain Federal/District Co-operative Institutions enumerated therein and does not extend to the elections of the Apex Co-operative Societies, such as respondent No.5 – Federation.

6. On 08.12.2025, respondent Nos.6 to 33 in WP No.38350/2025 filed a writ petition in WP No.36123/2025 seeking a direction to respondent No.3 therein (Federal Societ