- 1 - NC: 2025:KHC:1632 WP No. 1777 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 1777 OF 2024 (CS-EL/M) BETWEEN: 1. SRI. DHANASHEKARA S/O. DEVEGOWDA, AGED ABOUT 45 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 2. SRI. KARIGOWDA S/O. KEMPEGOWDA, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 3. SRI. KAPINIGOWDA S/O. NANJEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 4. SRI. NAGARAJU. D. D. S/O. DEVEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1632 WP No. 1777 of 2024 5. SRI. HUKUMCHAND S/O. PUTTEGOWDA, AGED ABOUT 64 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 6. SRI. RANGASWAMY. D. S. S/O. SHIVEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 7. SRI. KEMPEGOWDA S/O. NANJEGOWDA, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 8. SMT. LAKSHMAMMA W/O. NINGAPPA, AGED ABOUT 80 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 9. SRI. D. P. SHIVEGOWDA S/O. PUTTASWAMYGOWDA, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 10. SRI. I. D. KEMPEGOWDA S/O. DEVEGOWDA, AGED ABOUT 60 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 3 - NC: 2025:KHC:1632 WP No. 1777 of 2024 11. SRI. NAGEGOWDA S/O. NANJEGOWDA, AGED ABOUT 38 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 12. SRI. MANJUNATH S/O. BOMMEGOWDA, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 13. SMT. BHAGYAMMA W/O. BHU. SWAMY, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 14. SMT. PUTTAMMA W/O. APPAJIGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 15. SMT. KANTHAMMA W/O. NANJUNDEGOWDA, AGED ABOUT 55 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 16. SRI. ANWAR SAB S/O. HUSSAIN SAB, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 4 - NC: 2025:KHC:1632 WP No. 1777 of 2024 17. SRI. SIDDALINGEGOWDA. D. K. S/O. KALEGOWDA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 18. SRI. NAGARAJU S/O. SHIVEGOWDA, AGED ABOUT 48 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 19. SRI. DEVARAJEGOWDA S/O. KEMPEGOWDA, AGED ABOUT 54 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 20. SMT. AMMAIAH W/O. R. B. SWAMY, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 21. SMT. AKKAMMA W/O. KALEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 22. SMT. NAGAMMA W/O. MANJUNATH, AGED ABOUT 66 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 5 - NC: 2025:KHC:1632 WP No. 1777 of 2024 23. SMT. NARASAMMA W/O. CHALUVAIAH, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 24. SMT. SHANTHAMMA W/O. KUMAR, AGED ABOUT 30 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 25. SRI. SHIVALINGEGOWDA.D. P. S/O. PUTTASWAMYGOWDA, AGED ABOUT 63 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 26. SRI. DEVARASEGOWDA S/O. SUBBEGOWDA, AGED ABOUT 62 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 27. SRI. SHANKAR S/O. DEVARAJEGOWDA, AGED ABOUT 64 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 28. SRI. MALLESH S/O. KALEGOWDA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 6 - NC: 2025:KHC:1632 WP No. 1777 of 2024 29. SRI. SOMEGOWDA S/O. BOJEGOWDA, AGED ABOUT 64 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 30. SMT. SHARADAMMA W/O. DEVEGOWDA, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 31. SRI. D. K. NAGESH S/O. KRISHNEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 32. SRI. D. S. ARUNA S/O. SHIVALINGEGOWDA, AGED ABOUT 40 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 33. SRI. D. R. RAMESH S/O. RAMEGOWDA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 34. SRI. KUMAR S/O. NANJEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 7 - NC: 2025:KHC:1632 WP No. 1777 of 2024 35. SMT. SUBHADRAMMA W/O. RAMAKRISHNEGOWDA, AGED ABOUT 52 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 36. SRI. RAVI S/O. NANJAPPA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 37. SRI. D. H. RAJU S/O. HUCCHAVEERASHETTY, AGED ABOUT 60 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 38. SRI. D. K. MANJUNATH S/O. D. P. KRISHNEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 39. SRI. D. N. SATHISH S/O. NANJUNDEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 40. SRI. THAMMAIAH S/O. KALAIAH, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 8 - NC: 2025:KHC:1632 WP No. 1777 of 2024 41. SMT. ROOPA W/O. D. K. NAGESH, AGED ABOUT 56 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 42. SRI. SURESH S/O. DEVEGOWDA, AGED ABOUT 55 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 43. SRI. KIRAN S/O. KUMAR, AGED ABOUT 45 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 44. SRI. RAMEGOWDA S/O. NINGEGOWDA, AGED ABOUT 60 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 45. SRI. KRISHNEGOWDA. D. R. S/O. RAMEGOWDA, AGED ABOUT 49 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 46. SMT. SHOBHARANI. A. S. W/O. SATHISH. D. N., AGED ABOUT 60 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 9 - NC: 2025:KHC:1632 WP No. 1777 of 2024 47. SMT. SUNANDAMMA W/O. DEVARASEGOWDA, AGED ABOUT 55 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 48. SMT. C. N. SAVITHRI W/O. RAVI, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 49. SMT. BHAGYAMMA W/O. KRISHNEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 50. SMT. SUNDARAMMA W/O. JAGADISH, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 51. SMT. BHAGYAMMA W/O. CHIKKANNAGOWDA, AGED ABOUT 40 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 52. SRI. NAGARAJU S/O. SOMASHEKAR, AGED ABOUT 58 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 10 - NC: 2025:KHC:1632 WP No. 1777 of 2024 53. SRI. JAGGANATH. D.S. S/O. SIDDALINGEGOWDA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 54. SRI. DINESH S/O. MAHALINGEGOWDA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 55. SRI. RAMEGOWDA S/O. DEVEGOWDA, AGED ABOUT 55 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 56. SMT. ANUPAMA. D. M. W/O. SWAMY. D. M., AGED ABOUT 45 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 57. SMT. PARVATHAMMA W/O. D. K. NAGARAJU, AGED ABOUT 55 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 58. SRI. VIJAYA S/O. SHIVALINGEGOWDA, AGED ABOUT 70 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 11 - NC: 2025:KHC:1632 WP No. 1777 of 2024 59. SRI. KUMARA S/O. NANJEGOWDA, AGED ABOUT 67 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 60. SMT. PRATHIMA W/O. NINGEGOWDA, AGED ABOUT 62 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 61. SRI. LAKSHMEGOWDA S/O. BEEREGOWDA, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 62. SMT. NAGAMMA W/O. KITTAPPA, AGED ABOUT 50 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 63. SMT. SUSHEELAMMA W/O. NAGARAJU, AGED ABOUT 57 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 64. SRI. RAMESH S/O. RAJASHETTY, AGED ABOUT 60 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. - 12 - NC: 2025:KHC:1632 WP No. 1777 of 2024 65. SMT. GEETHA W/O. KUMARA. D. S. , AGED ABOUT 53 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 66. SMT. MANJULA W/O. SWAMY, AGED ABOUT 65 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 67. SRI. DINESH. D S/O. EREGOWDA, AGED ABOUT 48 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 68. SRI. HARISH. D. N. S/O. NAGARAJU. D. K. , AGED ABOUT 57 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 69. SRI. KRISHNEGOWDA S/O. NANJEGOWDA, AGED ABOUT 52 YEARS, R/AT DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. …PETITIONERS (BY SRI. HARSHA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, - 13 - NC: 2025:KHC:1632 WP No. 1777 of 2024 VIKASA SOUDHA, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, SHANTHINAGAR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. 3. THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETY BEHIND SIDDARTHA THEATER, R.P. ROAD, MANDYA-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DIVISION, MANDYA, MANDYA DISTRICT-571 434. 5. THE RETURNING OFFICER DODDATARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT. 6. DODDATARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., DODDATARAHALLI VILLAGE, KRISHNARAJPETE TALUK, MANDYA DISTRICT-571 423, REP. BY ITS SECRETARY, (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1950) …RESPONDENTS (BY SRI. RAJ KUMAR, AGA FOR R1, R3 TO R5 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. A.K. SREEHARSHA, ADVOCATE FOR R6 - 14 - NC: 2025:KHC:1632 WP No. 1777 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R2 TO 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE R6 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 24.01.2024 AND QUASH THE UNDATED DISQUALIFICATION VOTER LIST PASSED BY R6 VIDE ANNEXURE-C SO FAR CONCERN TO THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned Government Advocate accepts notice on behalf of respondents No.1 to 5. 2. I.A.No.1/2024 is filed to condone the delay of 153 days in moving the application for recalling and I.A. No.2/2024 is filed to recall the order dated 13.02.2024. 3. Learned counsel for the petitioners submits that the election to Respondent No.6 - Co-operative Society was held on 24.01.2024 in terms of the interim order granted by this Court on 19.01.2024. Petitioners herein were permitted to cast votes in the election to the Board - 15 - NC: 2025:KHC:1632 WP No. 1777 of 2024 of Respondent No.6-Society. Thereafter, since there was no appearance for the petitioners, the petition was dismissed for non-prosecution vide order dated 13.02.2024. It is relevant to note that this Court, in terms of the order dated 13.02.2024, had directed that votes cast by the petitioners shall be kept in a separate sealed ballot box. This Court had however, held that the election results shall be announced by excluding the votes cast by the petitioners. 4. It is brought to the notice of this Court that the other members of Respondent No.6 - Society have filed a writ petition in W.P.No.2074/2024 seeking permission of the Court to cast their votes in the election held on 24.01.2024. In the said petition, this Court, while directing the petitioners to cast their votes, had disposed of the writ petition on 09.02.2024, on merits. 5. In view of the same, now the petitioners in the present writ petition, have filed an application to restore the petition, dismissed for non-prosecution on the premise - 16 - NC: 2025:KHC:1632 WP No. 1777 of 2024 that as votes cast by the petitioners in both the writ petitions were kept in the same sealed box, and it is not possible to exclude only the votes cast by the petitioners in W.P.No.1777/2024. It is further stated that the election result has not been announced yet. In the said circumstance, this Court is of the view that the order dated 13.02.2024, dismissing the petition for non- prosecution, is to be restored by condoning the delay of 153 days in moving the application. 6. Accordingly, I.A.1/2024 and I.A.2/2024 are allowed. Delay in moving the application is condoned; the writ petition is restored and taken on record. 7. The learned counsel for the petitioners and respondents jointly submit that they have no objection to count the votes cast by the petitioners in W.P.No.1777/2024. This Court has noticed that in W.P.No.2074/2024, the petitioners were permitted to cast the votes and their votes were permitted to be counted. - 17 - NC: 2025:KHC:1632 WP No. 1777 of 2024 Hence, W.P.No.1777/2024 has to be allowed on similar terms and conditions incorporated in W.P.No.2074/20224. 8. Accordingly, the writ petition stands allowed. The terms and conditions imposed on the petitioners in W.P.No.2074/2024 shall apply to the petitioners in the present writ petition also. 9. The results shall be announced immediately on receipt of web hosted copy/certified copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE rs List No.: 1 Sl No.: 20