CAV ORDER

In this petition, petitioners are challenging the final eligible voters list dated 10^th June, 2025 (Annexure-J) prepared and published by the respondent No.5-Federal Society and approved by respondents 2 to 4 indicating the names of delegates from K.R. Nagar Constituency of respondent No.5- Federal Society in respect of inclusion of the respondent No.7 as delegate of the respondent No.8-Soceity

2. The relevant facts for adjudication of this petition are that the petitioner No.1 is a primary society constituted under the provisions of the Karnataka Co-operatives Societies Act, 1959 (for short, hereinafter referred to as 'KCS Act') carrying on credit business amongst its members. The petitioner No.1-Society is having its own bye-laws. The petitioner No.2 is a member and president of the petitioner No.1-Society and is a delegate of the petitioner No.1-Society to vote and contest in the ensuing election of respondent No.5- Federal Society to be conducted on 26^th June, 2025 as per the resolution dated 08^th April, 2025 (Annexure-B). It is stated in the petition that the respondent No.5, being a Federal Co- operative Society having its jurisdiction across Mysuru and Chamarajanagar Districts. It is stated in the writ petition that, the Calendar of Events dated 10^th June, 2025 (Annexure-C)

was issued by the respondent No.4-Returning Officer to conduct election to the Board of Management of the respondent No.5-Federal Society and the process of filing Nominations was between 11^th June, 2025 and 18^th June, 2025. It is also stated in the petition that the respondent No.6 is also a Co-operative Society registered under the KCS Act and the respondent No.7 is a member of the respondent No.6-Soceity. It is stated that the respondent No.7 was elected as the President of the respondent No.6-Society during the period of 2003-05, served as Vice President and Director during the period of 2010-12 and 2013-23. It is also pleaded that the respondent No.7 is the office bearer of the respondent No.8-Society.

3. It is averred in the petition that the respondent No.7 has committed certain misdeeds during his tenure as an office bearer of the respondent No.6-Society and as such, an enquiry under Section 64 of the KCS Act was initiated against him and in this regard, the Enquiry Officer submitted a report to the competent authority. In pursuance of same, respondent-Authorities have passed an order on 16^th April, 2013 (Annexure-D) under Section 68 of the KCS Act. It is also stated that the respondent-Authorities have initiated proceedings under Section 69 of the KCS Act against the respondent No.7. The competent authority, after conducting an enquiry, by order dated 10^th December, 2015 (Annexures 'E' and 'E1') passed Surcharge order and same has reached finality.

4. It is the case of petitioners that, as the competent authority has passed an order against the respondent No.7, the respondent No.8-Society should not have nominated the respondent No.7 as a delegate to vote and contest in the ensuing election of the respondent No.5-Fedral Society. It is contended that, despite the aforementioned legal infirmity, the respondent No.5-Soceity published voters list consisting the names of delegates including the name of the respondent No.7 as per the impugned final eligible voter list produced at Annexure-J. Hence, petitioners have presented this writ petition.

5. Heard Sri. M.R. Rajgopal, learned Senior Counsel on behalf of Sri. Anand P., appearing for petitioners; Smt. Prathima Honnapur, learned Additional Advocate General on behalf of learned Additional Government Advocate Sri. Yogesh D. Naik, appearing for respondents 1, 3 and 4; Sri. A. Devaraja, learned counsel appearing for the respondent No.2; Sri. K. Ananda, learned counsel appearing for the respondent No.5; Sri. Jeevan K., learned counsel appearing for the respondent No.6; and Sri. Ashok Haranahalli, learned Senior Counsel on behalf of Sri. Anoop Haranahalli, appearing for the respondent No.7.

6. Sri.