- 1 - NC: 2025:KHC:6796 WP No. 1841 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1841 OF 2025 (CS-EL/M) BETWEEN: 1. MAHADEVAPPA B., S/O. BASAVALINGAPPA, AGED ABOUT 68 YEARS, SHRE NO.797 2. NINGARAJU N S/O.NANJAPPA AGED ABOUT 50 YEARS SAHRE NO.4093 3. BASAVANNA N S/O. NANJAPPA AGED ABOUT 46 YEARS SHARE NO.4094 4. SHAMBHAYYA @ TAMMAYYA S/O. NINGAPPA, AGED ABOUT 71 YEARS SHARE NO.2668 5. LINGARAJU S/O. MAHADEVAPPA AGED ABOUT 61 YEARS SHARE NO. 1621 6. SWAMI K P S/O. PUTTAMADAPPA AGED ABOUT 68 YEARS SHARE NO.993 7. MAHADEVAMMA D/O. SHIVANNA AGED ABOUT 70 YEARS SHARE NO.1507 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6796 WP No. 1841 of 2025 8. HUCCHAYYA S/O. GAVISIDDAYYA AGED ABOUT 65 YEARS SHARE NO.2227 9. SHIVANNA S/O. MARISIDDAYYA AGED ABOUT 62 YEARS SHARE NO.2173 10. NIRMALA W/O. NANJUNDASWAMI AGED ABOUT 60 YEARS SHARE NO.3138 11. BASAVANNA PM S/O. MARIMADAPPA AGED ABOUT 70 YEARS SHARE NO.118 12. BASAVANNA P S/O. PUTTAMADAPPA P C AGED ABOUT 64 YEARS SHARE NO.272 13. RAJASHEKARAMURTI P S/O. PUTTAMADAPPA AGED ABOUT 61 YEARS SHARE NO.2423 14. MADAPPA S/O. NANJUNDAPPA AGED ABOUT 61 YEARS SHARE NO. 1309 15. SOMASHEKARA S/O. MADAYYA AGED ABOUT 67 YEARS SHARE NO.850 16. PARVATAMMA W/O. MAHADEVAPPA AGED ABOUT 68 YEARS SHARE NO.1177 - 3 - NC: 2025:KHC:6796 WP No. 1841 of 2025 17. BASAVARAJU S/O. MADAPPA, AGED ABOUT 70 YEARS SHARE NO. 1421 18. SWAMI S/O. NANJEGAWDA @KEMPEGOWDA AGED ABOUT 55 YEARS SHARE NO.248 19. NANJUNDEGOWDA S/O. NANJEGOWDA AGED ABOUT 61 YEARS SHARE NO.2624 20. SHIVANNA S/O. BASAVANNAPPANA MARAPPA AGED ABOUT 52 YEARS SHARE NO.2399 21. BIREGOWDA B S/O. BHIRAYYA AGED ABOUT 71 YEARS SHARE NO.756 22. PUTTASWAMI B S/O. BASAPPADEVARU AGED ABOUT 68 YEARS SHARE NO.2540 23. GURUSWAMI P.G., S/O.LATE GURUSIDDAPPA AGED ABOUT 59 YEARS SHARE NO.3519 ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU TALUK, MYSURU DISTRICT - 570 001. …PETITIONERS (BY SRI. SANDESH T B., ADVOCATE) - 4 - NC: 2025:KHC:6796 WP No. 1841 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REP BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570 001. 5. CHIEF EXECUTIVE OFFICER. MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001 - 5 - NC: 2025:KHC:6796 WP No. 1841 of 2025 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO R6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 02-02-2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayer:- "Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to contest and votes in the elections to the respondent No.5 which is scheduled to be held on 02.02.2025 in the interest of justice and equity" 2. This Court by way of an interim arrangement on 24.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition. - 6 - NC: 2025:KHC:6796 WP No. 1841 of 2025 3. Heard Sri Sandesh T B, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri S B Totad, learned counsel for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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. - 7 - NC: 2025:KHC:6796 WP No. 1841 of 2025 6. Learned counsel for respondent No.3 fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 7. 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 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 1 2022 (4) AKR 775 - 8 - NC: 2025:KHC:6796 WP No. 1841 of 2025 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 02.02.2025. 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 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. - 9 - NC: 2025:KHC:6796 WP No. 1841 of 2025 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. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA AN/- List No.: 2 Sl No.: 5