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2025 DIGILAW 909 (KAR)

G. R. Suhas Raj, S/O G. v. Rajesh VS State Of Karnataka Department Of Co-Operative Society

2025-11-03

M.G.UMA

body2025
ORDER : M G UMA, J. Heard Sri. Mahesh.C.M, learned counsel for the petitioners, Sri. Yogesh D Naik, learned Additional Government Advocate for respondents No.1, 2 and 4 and Sri.Devaraj A, learned counsel for respondent No.3. 2. Petitioners being the members of respondent No.5 -Cooperative Bank Ltd., have approached this Court seeking issuance of writ in the nature of mandamus directing respondents to conduct the elections to respondent No.5 for the term 2025-30 in accordance with the list of members produced as per Annexure - A. 3. The election for the society was held on 26.10.2025. As per the interim order, petitioners were permitted to cast their votes in the election that was held on 26.10.2025, subject to the final outcome of the petition. It is ordered that petitioners shall not claim any equities in this regard. Pursuant to the interim order, petitioners have exercised their right and cast the votes. 4. Since the petitioners are challenging Annexure-A, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act. Hence, the petition is disposed off , reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of copy of this order. The Returning Officer is directed to declare the election result without counting their votes cast by the petitioners.