- 1 - NC: 2025:KHC:11637 WP No. 1620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1620 OF 2025 (CS-EL/M) BETWEEN: 1. GOUTHAM K K (SHARE NO-3539) S/O LATE KRISHNAPPA GOWDA K.B, AGED ABOUT 36 YEARS R/O KANKERE, BALE HONUR POST, N.R. PURA TALUK, CHICKMAGALUR DISTRICT - 577 112. …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKMAGALUR DISTRICT - 577 126. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11637 WP No. 1620 of 2025 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKMAGALUR DISTRICT - 577 126. 5. CHIEF EXECUTIVE OFFICER. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., BALEHONNUR, N.R. PURA TALUK, CHICKMAGALUR DISTRICT - 577 112. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., BALEHONNUR, N.R.PURA TALUK, CHICKMAGALUR DISTRICT - 577 112. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 AND R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SUDHIR KUMAR MUROLLI, ADVOCATE FOR R5) THIS W.P. IS FLED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CONTEST AND VOTE IN THE ELECTIONS TO THE R-5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 VIDE ANNX-A AND ETC, - 3 - NC: 2025:KHC:11637 WP No. 1620 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioner, who was declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. 2. A Co-ordinate 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:11637 WP No. 1620 of 2025 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 petitioner. 3. 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. 4. In that view of the matter, I pass the following: ORDER i) The Writ Petition is disposed of. ii) The Returning Officer in the above matter is directed to announce the result within seven days of receipt of a copy of this order by taking into account the vote cast by the petitioner in the above matter. - 5 - NC: 2025:KHC:11637 WP No. 1620 of 2025 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 vote cast by the petitioner herein, which had been directed to be kept in a 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 NG List No.: 1 Sl No.: 58 CT: BHK