In this petition, petitioner has sought for the following

reliefs:

(i) Issue a writ in the nature of certiorari

quashing Annexure J dated 20.07.2022 in No.

Chunavane/viva/02/2022-23

published

by

respondent No. 8 insofar as the inclusion of the

respondent No. 9 in the provisional voters list as a

delegate from the respondent 6 from Mandya

District at Sl No. 61 is concerned.

(ii) Issue a writ in the nature of mandamus

directing the respondent No. 8 to include the name

of the petitioner in the provisional and final voters list

as a delegate from the respondent No. 6 from

Mandya District to the elections of the respondent

No. 7 federation.

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2. Heard learned counsel appearing for both the

parties and perused the material on record.

3. The main grievance of the petitioner in the

present petition is that the impugned provisional voters list

at Annexure-J dated 20.07.2022 has been published by

respondent No.8 by including the name of respondent No.9

and by excluding the name of the petitioner pursuant to the

resolution dated 08.07.2022, in which the name of

respondent No.9 was included as a delegate for the

purpose of election to respondent No.7 – Federation.

However, there is no challenge to the said resolution dated

08.07.2022 and the same having been passed by the

respondent No.6 – Society, the petitioner would necessarily

have to challenge the same by raising a dispute as

contemplated under Section 70 of the Karnataka Co-

operative Societies Act, 1959 (for short `the said Act of

1959’).

4. The material on record discloses that when the

petitioner submitted representations to respondent No.4 –

DRCS in this regard and called upon him to conduct a

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fresh meeting of the members of board of management of

respondent No.6 – Society, the respondent No.4 - DRCS

has issued an Endorsement dated 22.07.2022 rejecting the

claim / request of the petitioner. The said Endorsement

dated 22.07.2022 has been produced by the petitioner,

who has disputed and denied the legality, validity and

correctness of the same.

5. Though several contentions have been urged by

both sides in support of their respective claims, without

expressing any opinion on the same, I deem it just and

appropriate to dispose of this petition by quashing the said

Endorsement dated 22.07.2022 reserving liberty in favour

of the petitioner to raise a dispute before respondent No. 3

– Registrar of Co-operative Societies under Section 70 of

the said Act of1959 within a period of one week from today.

Liberty is also reserved in favour of the petitioner to file

appropriate interlocutory applications in the said Dispute

seeking suitable reliefs.

5.1 Immediately upon the petitioner submitting the

dispute as stated supra before the respondent No.3 –

Registrar of co-operative Societies, the same shall be

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referred by him forthwith and at any rate within a period of

four days for adjudication under Section 71 of the said Act

of 1959 to any Deputy Registrar of Co-operative Societies

other than respondent No. 4.

5.2 Immediately upon the Deputy Registrar of Co-

operative Societies takes up the dispute, the said DRCS

shall consider the claim of the petitioner and pass

appropriate orders on the interlocutory application(s) filed

by the petitioner in accordance with law within a period of

one week from the date the dispute is referred to him.

Needless to state that the respondents shall also be

entitled to oppose the said dispute and the interlocutory

application(s) filed by the petitioner and also file such

application (s) as they deem fit.

5.3 All rival contentions of the parties are left open

and no opinion is expressed on the same.

6. Subject to the aforesaid directions and liberty

reserved in favour of the parties as stated supra, the

petition stands disposed of.

Sd/-

JUDGE

LRS/SRL