- 1 - NC: 2025:KHC:6678 WP No. 1910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1910 OF 2025 (CS-EL/M) BETWEEN: 1. MUNIRAJU T H S/O HANUMANTHARAYAPPA, AGED ABOUT 43 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.107. 2. CHANNAKRISHNAPPA. C S/O CHANNAPPA, AGED ABOUT 52 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.84. 3. SHIVANNA, S/O HANUMANTHARAYAPPA, AGED ABOUT 48 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.79. 4. NANJAPPA S/O MUNISHAMAIAH, AGED ABOUT 60 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.42. 5. HANUMAIAH R S/O RANGAIAH, AGED ABOUT 54 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.14. 6. HANUMANTHARAYAPPA S/O DANDAPPA AGED ABOUT 48 YEARS, SEERASANDRA VILLAGE, BYTHA POST, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6678 WP No. 1910 of 2025 HESARAGATTA HOBLI, BENGALURU 560089. MEMBERSHIP NO.141. 7. INDRAMMA W/O NARAYANAPPA, AGED ABOUT 55 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.75. 8. MANJULA W/ONARAYANAPPA, AGED ABOUT 42 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.200. 9. KEMPAVENKATAIAH S/O HUCHAMANGALAIAH, AGED ABOUT 68 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.19. 10. KENCHAMMA W/O LATE LAKSHMAIAH, AGED ABOUT 65 YEARS, SEERASANDRA VILLAGE, BYTHA POST, HESARAGATTA HOBLI, BENGALURU 560 089. MEMBERSHIP NO.147. …PETITIONERS (BY SRI. T DADAKHALANDAR., ADV.) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027, REP. BY ITS SECRETARY. - 3 - NC: 2025:KHC:6678 WP No. 1910 of 2025 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, 1ST CIRCLE, BENGALURU URBAN DISTRICT BENGALURU 560 003, 4. MAMATHA N RETURNING OFFICER BYATHA MILK PRODUCERS CO- OPERATIVE SOCIETY LTD., BYATHA, HESARAGHATA HOBLI, BENGALURU NORTH TALUK - 560 088. 5. BYATHA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BYATHA, HESARAGHATA HOBLI, BENGALURU NORTH TALUK 560 088. REP. BY ITS CHIEF EXECUTIVE OFFICER. REG. UNDER THE PROVISION OF KCS ACT 1959 …RESPONDENTS (BY SRI.YOGESH D., NAIK, AGA FOR R1, R3 & R4; SRI. T. L. KIRAN KUMAR, ADV. FOR R2; SRI., NANJA REDDY A.C., ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FOLLOW THE PROVISIONS CONTAINED IN RULE 13D(2-A) OF THE KCS RULES, 1960 AS THE MANDATE OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE R-5 SOCIETY BY INCLUDING THE NAMES OF ALL THE MEMBERS OF THE PETITIONER IN THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING ALL OF THEM TO VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 27.01.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 4 - NC: 2025:KHC:6678 WP No. 1910 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- 1. Issue an appropriate writ of mandamus or any other directing the respondents to follow the provisions contained in Rule 13D(2-A) of the KCS Rules, 1960 as the mandate of the relevant provision is not being followed to conduct the ensuing election to the Board of the fifth respondent society by including the names of all the petitioners in the list of eligible voters and by permitting all of them to vote in the election scheduled to be held on 27.01.2025. 2. Grant any other reliefs as deemed fit by this Hon’ble Court in the facts and circumstances of the case including awarding of the cost, 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 27.01.2025 subject to final outcome of this petition. 3. Heard Sri T Dadakhalandar, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned - 5 - NC: 2025:KHC:6678 WP No. 1910 of 2025 counsel for respondent No.2 and Sri Nanja Reddy, learned counsel for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 27.01.2025 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.5 - Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and - 6 - NC: 2025:KHC:6678 WP No. 1910 of 2025 cast votes of the petitioners to be included while counting and the results to be announced. 7. Respondent No.5 – Society has not placed any material to indicate the compliance of aforementioned rules. 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 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. 1 2022 (4) AKR 775 - 7 - NC: 2025:KHC:6678 WP No. 1910 of 2025 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 27.01.2025. 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 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 petitioners 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 - 8 - NC: 2025:KHC:6678 WP No. 1910 of 2025 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 YKL List No.: 2 Sl No.: 5