- 1 - NC: 2025:KHC:13270 WP No. 2072 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2072 OF 2024 (CS-EL/M) BETWEEN: 1. GOWRAMMA, W/O SIDDALINGACHARI, AGED ABOUT 67 YEARS, MEMBERSHIP NO.121. 2. RADHAMMA, W/O KEMPARAJU, AGED ABOUT 47 YEARS, MEMBERSHIP NO.96. 3. CHANNAMMA, W/O SHIVAKUMAR, AGED ABOUT 46 YEARS, MEMBERSHIP NO.227. 4. M MUNEGOWDA, S/O MUNISHAMAPPA, AGED ABOUT 74 YEARS, MEMBERSHIP NO.1. 5. SHOBHA, W/O KESHAVAMURTHY, AGED ABOUT 40 YEARS, MEMBERSHIP NO.199. 6. T V MEENA, W/O ASHWATHNARAYAN GOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.239. 7. UMADEVI, W/O RAMARAJU, AGED ABOUT 61 YEARS, MEMBERSHIP NO.200. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13270 WP No. 2072 of 2024 8. PARVATHAMMA, W/O RAMAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.112. 9. CHENNEGOWDA, S/O APPAJIGOWDA, AGED ABOUT 73 YEARS, MEMBERSHIP NO.114. 10. R BHAGYAMMA, W/O HANUMEGOWDA K, AGED ABOUT 46 YEARS, MEMBER SHIP NO. 223. 11. MAHADEVAMMA, S/O JAYARAMAIAH, AGED ABOUT 69 YEARS, MEMBER SHIP NO. 14. 12. K. N. NARAYANACHAR, S/O NAGACHAR, AGED ABOUT 57 YEARS, MEMBER SHIP NO. 263. 13. K RATHNAMMA, W/O KEMPEGOWDA, AGED ABOUT 50 YEARS, MEMBER SHIP NO. 109. 14. B V MANJULA, W/O VEERANNA, AGED ABOUT 40 YEARS, MEMBER SHIP NO. 254. 15. SIDDALINGACHAR, S/O VENKATANAGACHAR, AGED ABOUT 58 YEARS, MEMBER SHIP NO. 06. 16. MANGLAGOWRAMMA, S/O ASHWANTHANARAYANA, AGED ABOUT 47 YEARS, MEMBER SHIP NO. 204. - 3 - NC: 2025:KHC:13270 WP No. 2072 of 2024 17. BHAGYAMMA, W/O HANUMEGOWA, AGED ABOUT 46 YEARS, MEMBER SHIP NO. 97. 18. SAVITHRAMMA, W/O NANJEGOWDA, AGED ABOUT 55 YEARS, MEMBER SHIP NO. 103. 19. KRISHNAMMA, W/O RAJANNA, AGED ABOUT 54 YEARS, MEMBER SHIP NO. 252. 20. CHIKKEGOWDA, S/O RAMAIAH, AGED ABOUT 47 YEARS, MEMBER SHIP NO. 261. 21. LALITHAMMA, W/O RAMACHANDRAPPA, AGED ABOUT 52 YEARS, MEMBER SHIP NO. 180. 22. KEMPAMMA, W/O CHENNEGOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO. 248. 23. PILLEGOWDA, S/O DODDAHANUMAPPA, AGED ABOUT 74 YEARS, MEMBER SHIP NO. 63. 24. JAYAMMA, W/O KEMPEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO. 92. 25. GIRIJAMMA, W/O VEERANNA, AGED ABOUT 40 YEARS, MEMBER SHIP NO. 219. - 4 - NC: 2025:KHC:13270 WP No. 2072 of 2024 26. THIMMAKKA, W/O THIMMANNA, AGED ABOUT 54 YEARS, MEMBER SHIP NO. 241. 27. VENKATALAKSHMAMMA, W/O VENKATESH P, AGED ABOUT 44 YEARS, MEMBER SHIP NO. 220. 28. LINGAPPA, S/O MYLARAPPA, AGED ABOUT 64 YEARS, MEMBER SHIP NO. 51. 29. PANKAJA, W/O RAJANNA, AGED ABOUT 49 YEARS, MEMBERSHIP NO 234. 30. RAJANNA, S/O HANUMANTHARAYAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO 110. 31. K H NANJEGOWDA, S/O HANUMAIAH, AGED ABOUT 62 YEARS, MEMBERSHIP NO 88. 32. RAJANNA N, S/O NANJUNDAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO 11. 33. RUDREGOWDA, S/O MATURAPPA, AGED ABOUT 59 YEARS, MEMBERSHIP NO 36. 34. SHARADHAMMA, W/O MATURAPPA, AGED ABOUT 69 YEARS, MEMBERSHIP NO 69. - 5 - NC: 2025:KHC:13270 WP No. 2072 of 2024 35. RAMAKRISHNAPPA, S/O CHIKKARAMANNA, AGED ABOUT 79 YEARS, MEMBERSHIP NO 83. 36. CHIKKARAMANNA, S/O NARAYANAPPA, AGED ABOUT 69 YEARS, MEMBERSHIP NO 84. 37. K M NARAYANAPPA, S/O MUDDAPPA, AGED ABOUT 66 YEARS, MEMBERSHIP NO 91. 38. NARAYANAMMA, W/O VENKATARAMANAPPA, AGED ABOUT 62 YEARS, MEMBERSHIP NO 122. 39. CHANNEGOWDA, S/O KEMPANNA, AGED ABOUT 43 YEARS, MEMBERSHIP NO 151. 40. KEMPAMMA, W/O GOVINDARAJU, AGED ABOUT 60 YEARS, MEMBERSHIP NO.171. 41. SUJATHA, W/O NARAYANAPPA, AGED ABOUT 54 YEARS, MEMBERSHIP NO. 178. 42. SHANTHAMMMA, W/O K P NANJEGOWDA, AGED ABOUT 62 YEARS, MEMBERSHIP NO. 184. 43. RATHNAMMA, W/O BYYANNA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.243. - 6 - NC: 2025:KHC:13270 WP No. 2072 of 2024 44. THARAMANI, W/O NARAYANAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 190. 45. VINUTHA, W/O MANJUNATH, AGED ABOUT 40 YEARS, MEMBERSHIP NO. 197. 46. PAVITHRA, W/O CHANNEGOWDA, AGED ABOUT 36 YEARS, MEMBERSHIP NO. 225. 47. MAMATHA, W/O DORESWAMI, AGED ABOUT 39 YEARS, MEMBERSHIP NO. 223. 48. MUDDEGOWDA, S/O DODDAMUNIYAPPA, AGED ABOUT 46 YEARS, MEMBERSHIP NO. 262. 49. ANANDAMMA, W/ CHANNEGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.209. 50. PREMA, W/O BYREGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.253. 51. AMBARISH S/ VENKATARAMANAPPA AGED ABOUT 41 YEARS, MEMBERSHIP NO.259. 52. ANANDAMMA, W/O KESHAVAMURTHY, AGED ABOUT 44 YEARS, MEMBERSHIP NO.214. - 7 - NC: 2025:KHC:13270 WP No. 2072 of 2024 53. VENKATALAKSHMAMMA, W/O VENKATANAGACHAR, AGED ABOUT 56 YEARS, MEMBERSHIP NO. 139. 54. ASHWATHANARAYANA, S/O GOWDAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.95. 55. N THIMMEGOWDA, S/O NARASIMHAIAH, AGED ABOUT 45 YEARS, MEMBERSHIP NO. 261. ALL THE PETITIONERS ARE MEMBERS OF KUNTANAHALLI MILK PRODUCER'S CO-OPERATIVE SOCIETY LTD., KUNTANAHALLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. …PETITIONERS (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M S BUILDING, DR. B R AMBEDKAR VEEDHI BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T T M C 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER, DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. 4. RETURNING OFFICER, KUNTANAHALLI MILK PRODUCER'S CO-OPERATIVE SOCIETY LTD., - 8 - NC: 2025:KHC:13270 WP No. 2072 of 2024 KUNTANAHALLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 5. KUNTANAHALLI MILK PRODUCER'S CO-OPERATIVE SOCIETY LTD., KUNTANAHALLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. REP. BY ITS CHIEF EXECUTIVE OFFICER. (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4; SRI T L KIRAN KUMAR, ADVOCATE FOR R-2; NOTICE TO R-5 D/W V/O DATED 27.03.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNEXURE-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 24.01.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Notice to respondent No.5 is dispensed with, in view of the order proposed to be passed. 2. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition - 9 - NC: 2025:KHC:13270 WP No. 2072 of 2024 and that the votes cast by the petitioners shall be kept in separate ballot boxes. 3. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 4. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. 5. In that view of the matter, I pass the following: ORDER i. The Writ Petition is disposed of. 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:13270 WP No. 2072 of 2024 ii. The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter. iii. In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv. The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 5