IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5720 OF 2024 (CS-EL/M)

BETWEEN

1. DODDEGOWDA S/O HELVANNA AGED ABOUT 76 YEARS

2. MANJULA W/O MANJEGOWDA AGED ABOUT 43 YEARS

3. K S MANJAPPA S/O SUBBAGOWDA AGED ABOUT 73 YEARS

4. SUDHA N K W/O BABU AGED ABOUT 36 YEARS

5. D K NAGARAJU S/O D K DODDEGOWDA Digitally signed by VARSHA N AGED ABOUT 72 YEARS RASALKAR Location: HIGH C KA O R U N R A T T O A F KA 6. MALLESH K N S/O NANJE GOWDA AGED ABOUT 56 YEARS ALL ARE RESIDING AT KABALI VILLGE SHRVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK, HASSAN 573135 ... PETITIONERS (BY SRI. M.R. RAJGOPAL., SR. ADVOCATE FOR SMT. JAYASHEELEVE., ADVOCATE)

AND

1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO OPERATIVE SOCIETIES VIDHANA SOUDHA BENGALURU 560001

2. THE RETURNING OFFICER SRI K M PRASANNA ELECTIONS MILK PRODUCERS CO OPERATIVE SOCIETY LTD KABALLI VILALGE SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN 573135

3. MILK PRODUCERS CO OPERTIVE SOCIETY LTD KUBALU VILLAGE SHRAVANABELAGOLA HOBLI CHANANRAYAPATNA TALUK HASSAN 573135

4. THE STATE ELECTION AUTHORITY BY ITS COMMISSIONER SHANTINAGAR, BMTC COMPLEX, K.H. ROAD, BENGALURU-560027.

5. THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER, HASSAN-571401 …. RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2;

SRI. A. DEVARAJ., ADVOCATE FOR R4 & R5;

R3-SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT TO DECLARE THAT THE CORUM PROVIDED UNDER SUB-RULE (4) OF RULE 14-AK TO BE INTERPRETED TAKEN NOTE OF OTHER PROVISION OF CO- OPERATIVE SOCIETY DECLARING THAT THE CORUM COULD BE COMPUTED OUT OF TOTAL STRENGTH ELECTED TO MANAGING COMMITTEE OF A R-3 AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 17.02.2026, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CAV ORDER

1. The petitioners are before the Court seeking for the following reliefs:

1) Issue a writ in the nature of certiorari or any other writ to declare that the corum provided under sub- rule(4) of Rule 14-AK to be interpreted taken note of other provision of co-operative society declaring that the corum could be computed out of total strength elected to managing committee of a 3^rd respondent.

2) Issue a writ in the nature of certiorari to quash the proceedings of 2nd respondent 11.02.2024, 18.02.2024 as per Annexure-C and D.

3) Issue writ in the nature of mandamus directing the

2^nd respondent returning officer to declare that there is corum in the meeting dated 11.02.2024 in Annexure-C and on such basis, be directed proceed with the matter enable to elect office bearers among the petitioners.

4) Pass any appropriate writ/order/direction this Hon’ble Court deems fit and proper in the fact and circumstances of the case and allow this Writ Petition with costs in the ends of justice and equity.

5) Pass any appropriate writ/order/direction this Hon’ble Court deems fit and proper in the fact and circumstances of the case and allow this Writ Petition with costs in the ends of justice and equity.

2. Respondent No.3 is a Primary Co-operative Society.

Elections to the Managing Committee for a term of five years were scheduled to be held on 28.01.2024. The total strength of the Managing Committee being thirteen (13), one seat was reserved for a candidate belonging to the Backward Class–B category, one for the Scheduled Tribe category, and one for the Scheduled Caste category.

3. Since no candidate from any of the said three reserved categories contested the election, no election could be held for those reserved seats. Consequently, only ten candidates were declared elected unanimously, as reflected in the notification issued by respondent No.2–Returning Officer dated

22.01.2024.

4. Thereafter, the first meeting of the newly elected Directors was convened by the Returning Officer on 11.02.2024. On that date, six Directors were pre