- 1 - NC: 2025:KHC:8059 WP No. 1539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.1539 OF 2025 (CS-EL/M) BETWEEN: 1. SRI.SHIVALINGAIAH S/O SOMAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO.10, KANAKAPURA MAIN ROAD, K.CHUDAHALLI, SOMANAHALLI, BENGALURU-560082 MEMBERSHIP NO.105 (INELIGIBLE SL NO.67) 2. SMT. LAKSHMIDEVI W/O VASANTH.K.C., AGED ABOUT 42 YEARS, RESIDING AT NO.01, KANAKAPURA MAIN ROAD, KERECHUDAHALLI, BENGALURU-560082 MEMBERSHIP NO.13 (INELIGIBLE SL NO.4) 3. SRI. HANUMAPPA S. S/O SAMPANGAIAH AGED ABOUT 71 YEARS, RESIDING AT NO.51, SOMANAHALLI, KERECHUDANHALLI, KANAKAPURA MAIN ROAD, KERECHUDAHALLI, BENGALURU-560082 MEMBERSHIP NO.27 (INELIGIBLE SL NO.4) 4. SRI. G. PUSHPA @ PUSHPALATHA W/O C.S. PADMANABHA AGED ABOUT 43 YEARS RESIDING AT NO.82, SOMANAHALLI, KERECHUDAHALLI, KANAKAPURA MAIN ROAD, KERECHUDAHALLI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8059 WP No. 1539 of 2025 BENGALURU-560082. MEMBERSHIP NO.36 (INELIGIBLE SL NO.19) 5. SRI. CHANNAPPA S/O NARSEGOWDAPPA AGED ABOUT 69 YEARS RESIDENT OF KERECHUDAHALLI, SOMANAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.43 (INELIGIBLE SL NO.23) 6. SMT. RENUKA N @ RENUKAMMA W/O VENKATESH AGED ABOUT 71 YEARS, RESIDING AT NO.10 SOMANAHALLI, KERECHUDAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.45 (INELIGIBLE SL NO.25) 7. SRI. S VENKATESH S/O SOMAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.10 SOMANAHALLI, KERECHUDAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.46 (INELIGIBLE SL NO.26) 8. SMT. PADMA.N. W/O VENKATESH C., AGED ABOUT 37 YEARS, RESIDENT OF KERECHUDAHALLI, SOMANAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.81 (INELIGIBLE SL NO.51) 9. SMT. NAGARATHNAMMA W/O NARASAPPA, AGED ABOUT 51 YEARS, RESIDING AT NO.14 SOMANAHALLI, KERECHUDAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.94 (INELIGIBLE SL NO.60) - 3 - NC: 2025:KHC:8059 WP No. 1539 of 2025 10. SRI. DEVARAJU S/O K.N. NARASIMHAIAH, AGED ABOUT 47 YEARS. RESIDING AT NO.49, KERECHUDAHALLI, SOMANAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.101 (INELIGIBLE SL NO.65) 11. SRI.MUNIRAJU S/O SOMAIAH, AGED ABOUT 56 YEARS. RESIDENT OF KERECHUDAHALLI, KANAKAPURA MAIN ROAD, UTTARA HOBLI, BENGALURU-560082 MEMBERSHIP NO.104 (INELIGIBLE SL NO.66) 12. SRI. GUDDAIAH S/O VASANTHAIAH, AGED ABOUT 39 YEARS RESIDENT OF SOMANAHALLI, KERECHUDANHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560082 MEMBERSHIP NO.117 (INELIGIBLE SL NO.72) 13. SMT. SHARADAMMA W/O GUDAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.13, KERECHUDAHALLI, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BENGALURU-560082 MEMBERSHIP NO.118 (INELIGIBLE SL NO.73) KARNATAKA SOCIETY REGISTRATION ACT. … PETITIONERS (BY SRI NAIK N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE SOCIETY DEPARTMENT, VIDHANA SOUDHA, BENGALORE-560001. - 4 - NC: 2025:KHC:8059 WP No. 1539 of 2025 2. THE ELECTION OFFICER/ RETURNING OFFICER, REPRESENTED BY ASSISTANT DIRECTOR OF COOPERATIVE SOCIETY, 4TH ZONE, BANGALORE URBAN DISTRICT, BENGALURU-560001. 3. THE CHIEF SECRETARY K.CHUDAHALLI MILK PRODUCERS, COOPERATIVE SOCIETIES, K.CHUDAHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BENGALURU-5600082. 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BENGALURU-27. (AS PER ORDER DATED 23.01.025 AMENDED THE CAUSE TITLE) … RESPONDENTS (BY SRI YOGESH D. NAK, AGA FOR R-1 & R-2; SRI CHANDRASHEKARAIAH S., ADVOCATE FOR R-3; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE LIST FOR NON-ELIGIBLE TO CAST VOTE FOR THE ELECTION GOING TO BE HELD BY 3RD RESPONDENT SOCIETY ON 24.01.2025 WHICH IS PRODUCED AT ANNEXURE-D; DIRECT THE 2ND AND 3RD RESPONDENT PERMIT THE PETITIONERS TO PARTICIPATE IN ELECTION PROCESS WHICH IS CONDUCTED ON 24.01.2025. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:8059 WP No. 1539 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- "“a) To set aside the list for non-eligible to cast vote for the election going to be held by 3rd respondent society on 24.01.2025 which is produced at Annexure-D; b) To issue writ of mandamus directing the 2nd and 3rd respondent permit the petitioners to participate in election process which is conducted on 24.01.2025. c) To call for records and grant such other relief/s deems fit by this Hon’ble court.” 2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 24.01.2025 subject to final outcome of this petition. 3. Heard Sri Naik N.R., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 2, Sri T.L. Kiran Kumar, learned - 6 - NC: 2025:KHC:8059 WP No. 1539 of 2025 counsel for respondent No.4 and Sri Chandrashekaraiah .S, learned counsel for respondent No.3. 4. Counsel for the petitioners submits that the election has been held as scheduled on 24.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.3-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and - 7 - NC: 2025:KHC:8059 WP No. 1539 of 2025 cast votes of the petitioners to be included while counting and the results to be announced. 7. Impleading applicant seeks to raise several contentions including the contentions that respondent No.3 has rightly disqualified the petitioners from participating in the election and that the petitioners are not entitled to have the benefit of the interim order granted by this Court and thus, the cast votes of the petitioners not to be included and counted in the election that was scheduled on 24.01.2025. 8. Though the learned counsel for the impleading applicants has raised several contentions, such aspects involve disputed questions of fact, which cannot be adjudicated in writ proceedings which have to be adjudicated before the appropriate authority. 9. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State - 8 - NC: 2025:KHC:8059 WP No. 1539 of 2025 of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 24.01.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:8059 WP No. 1539 of 2025 respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. - 10 - NC: 2025:KHC:8059 WP No. 1539 of 2025 vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Pending I.A., if any, stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 24