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.102533 OF 2026 (CS-EL/M)

BETWEEN:

BELAMBAR FISHERIES CO-OP SOCIETY LTD., BELAMBAR, TQ. ANKOLA, DIST. UTTAR KANNADA, REP. BY ITS SECRETARY, SMT. LATA DEEPAK KURUMAKAR, AGE. 57 YEARS, R/O. BELAMBAR, ANKOLA, DIST. UTTAR KANNADA-581353.

…PETITIONER (BY SRI. A.P. HEGDE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, Digitally signed by REP. BY ITS PRINCIPAL SECRETARY, MOHANKUMAR B SHELAR DEPARTMENT OF CO-OPERATION, Location: HIGH M.S. BUILDING 6^TH FLOOR, BANGALORE-01.

COURT OF KARNATAKA

2. CO-OPERATIVE ELECTION COMMISSION, REPTD. BY ITS COMMISSIONER, 3^RD FLOOR, SHANTI NAGAR, TTMC, 'A' BLOCK, SHANTY NAGAR, BANAGLORE-560027.

3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT, KARWAR-581301.

4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARWAR-581301, UTTARA KANNADA DISTRICT.

5. RETURNING OFFICER, UTTAR KANNADA ZILLA SAHAKARI MEENU MARATA FEDARATION NI. KARWAR (UK)

NEAR SAGAR DARSHAN, KODIBHAG, KARWAR, DIST. UTTAR KANNADA-581301.

6. UTTAR KANNADA ZILLA SAHAKARI MEENU MARATA FEDARATION NI. KARWAR (UK)

NEAR SAGAR DARSHAN, KODIBHAG, KAWRAR, DIST. UTTAR KANNADA-581301, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

…RESPONDENTS (BY SMT. KIRTILATA R.PATIL, HCGP FOR R1, R3 AND R5;

SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2;

SRI. PRAVEEN P.TARIKAR, ADVOCATE FOR R4 AND R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 TO INCLUDE THE NAME OF THE PETITIONER SOCIETY IN THE FINAL ELIGIBLE VOTERS LIST AT ANNEXURE B AND PERMIT THE PETITIONER TO CAST HIS VOTE IN THE ELECTION OF 6^TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 29.03.2026 (AS PER CALENDAR OF EVENTS) PRODUCED AT ANNEXURE A FOR THE TERM 2026-2031 PERMITTING THE PETITIONERS TO CAST VOTE AND PARTICIPATE IN THE SAID ELECTION IN TERMS. B) PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT 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 mandamus directing the Respondent no.5 to include the name of the Petitioner Society in the final eligible voters list at Annexure B and permit the Petitioner to cast his vote in the election of 6^th Respondent society schedule to be held on 29.03.2026 (as per Calendar of events) Produced at Annexure A for the term 2026-2031 permitting the petitioners to cast vote and participate in the said election in terms.

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

2. Brief facts leading rise to 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 bye-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.6-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