IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 102537 OF 2026 (CS-EL/M)

BETWEEN:

1. ROSHAN BABU HARIKANTH AGE 38 YEARS, OCC FISHERMAN, R/O NEAR BUS STOP, KONEWAD KARAWR, DIST UTTAR KANNADA (MEMBERSHIP NO.2440 (SL NO.807))

2. DILEEPKUMAR GUNA ARGEKAR AGE 43 YEARS, OCC FISHERMAN, R/O KAJUBAG KARAWR DIST UTTAR KANNADA (MEMBERSHIP NO.2442 (SL NO.809))

…PETITIONERS (BY SRI. A C CHAKALABBI, ADV)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF Digitally signed by MOHANKUMAR B CO-OPERATIVE SOCIETY, SHELAR M S BUILDING, BENGALURU 560001 Location: HIGH COURT OF KARNATAKA 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS COMMISSIONER, III FLOOR, “A” BLOCK, TTMC BUILDING, SHANTINAGAR, BENGALURU 560027

3. THE RETURNING OFFICER THE UTTARA KANNADA DISTRICT CO-OPERATIVE FISH MARKETING FEDERATION LIMITED KARWAR R/O. RH 66 KODIBAG NEAR SAGARA DARSHAN KARAWR, DIST UTTAR KANNADA 581359

4. THE UTTARA KANNADA DISTRICT CO-OPERATIVE FISH MARKETING FEDERATION LIMITED KARWAR R/O RH 66 KODIBAG NEAR SAGARA DARSHAN KARAWR, DIST UTTAR KANNADA 581359 …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, SRI. G.V. BHARAMAGOUDAR, ADV FOR R2, SRI. PRAVEEN P. TARIKAR, ADV FOR R3 & R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT OF APPROPRIATE NATURE TO CERTIORARI TO QUASH THE IMPUGNED FINAL ELIGIBLE FINAL VOTER LIST PUBLISHED BY THE 3^RD RESPONDENT VIDE ANNEURE-D AND E DATED/UNDATED, RESPECTIVELY.

B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PUBLISH FRESH FINAL ELIGIBLE VOTER LIST BY INCLUDING THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 5^TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 29/03/2026.

C) PASS SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT IN THE FACTS & CIRCUMSTANCES OF THE CASE, INCLUDING COSTS.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

The petitioners in this writ petition are seeking the following reliefs:

“A) Issue a writ of appropriate nature to certiorari to quash the impugned final eligible final voter list published by the 3^rd respondent vide ANNEXURE-D and E dated/undated, respectively in the interest of justice and equity.

B) Issue a writ of mandamus directing the Respondents to publish fresh final ELIGIBLE voter list by including the names of the Petitioners in the final eligible voter list in the election to the committee of management of the 5^th respondent society schedule to be held on 29/03/2026 in the interest of justice and equity.

C) Pass such other orders as this Hon’ble Court deems fit in the facts & circumstances of the case, including costs, in the interest of justice and equity.”

2. Brief facts leading rise to the filing of this writ petition are as follows:-

3. The petitioners claim that they are eligible to participate in the election process and they have not incurred any disqualification either under the Provisions of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Act of 1959) or Rules or by-laws thereunder. They are eligible to cast their vote in the election which is scheduled to be held on 29.03.2026 to the Managing Committee of respondent No.4-Society. By virtue of an impugned final eligible and ineligible voters list, their legitimate right of exercising the power of voting is sought to be taken away by the respondents on the basis of erroneous reasons. The petitioners and large number of members of the society are eligible to cast their votes in the election and to contest the same. But their names have been deliberately deleted from the final eligible voters list.

Hence, this writ petition.

4. Heard the arguments of the learned counsel for the petitioners, learned HCGP, and learned counsel for