- 1 - NC: 2025:KHC:6679 WP No. 2116 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. 2116 OF 2025 (CS-EL/M) BETWEEN: 1. KIRAN SHETTY S/O MAHABALA SHETTY AGED ABOUT 34 YEARS MEMBERSHIP NO. 6453 2. RATHNA W/O VENKAPPA SHETTY AGED ABOUT 61 YEARS MEMBERSHIP NO. 1479 3. YAMUNA W/O LAKSHMANA GOWDA AGED ABOUT 64 YEARS MEMBRERSHIP NO. 1563 4. MUTTHAPPA POOJARY S/O SHIVAPPA POOJARY AGED ABOUT 67 YEARS MEMBERSHIP NO. 2622 5. HARISH KUMAR SHETTY S/O MAHABALA SHETTY AGED ABOUT 48 YEARS MEMBERSHIP NO. 2622 6. SANJEEVA SHETTY S/O NARAYANA SHETTY AGED ABOUT 54 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6679 WP No. 2116 of 2025 7. JINNAPPA GOWDA S/O SESAPPA GOWDA AGED ABOUT 59 YEARS 8. SUGUNA NAYAK W/O VISHWANATH NAYAK AGED ABOUT 52 YEARS MEMBERSHIP NO.3289 9. SEETHARAMA SHETTY S/O VASU SHETTY AGED ABOUT 64 YEARS MEMBERSHIP NO.3392 10. SHARADA W/O ANNU NAIKA AGED ABOUT 51 YEARS MEMBERSHIP NO.3421 11. DAMODARA SHETTY S/O AITTHAPPA SHETTY AGED ABOUT 50 YEARS MEMBERSHIP NO.3495 12. GIRIJA W/O NARAYANA NAIKA AGED ABOUT 56 YEARS MEMBERSHIP NO.3527 13. GANESHA P S/O MUTTHAPPA POOJARY AGED ABOUT 46 YEARS MEMBERSHIP NO.3725 14. DEVAKI W/O POOVAPPA MOOLYA AGED ABOUT 48 YEARS MEMBERSHIP NO.3789 15. SHEENAPPA MOOLYA S/O MUNDAPPA MOOLYA AGED ABOUT 58 YEARS - 3 - NC: 2025:KHC:6679 WP No. 2116 of 2025 MEMBERSHIP NO.3832 16. DINESHA POOJARY S/O ANNI POOJARY AGED ABOUT 41 YEARS MEMBERSHIP NO.3837 17. SHARADA W/O VITALA RAI AGED ABOUT 52 YEARS MEMBERSHIP NO.3891 18. MOHINI W/O NARAYANA POOJARY AGED ABOUT 56 YEARS MEMBERSHIP NO.3932 19. DINAKARA POOJARY S/O SHIVAPPA POOJARY AGED ABOUT 53 YEARS MEMBERSHIP NO.4007 20. VISHWANATHA B S/O SOMANATHA AGED ABOUT 49 YEARS MEMBERSHIP NO.4039 21. KALYANI W/O MAHABALA SHETTY AGED ABOUT 64 YEARS MEMBERSHIP NO.4152 22. KALYANI W/O SHEENA NAIKA AGED ABOUT 59 YEARS MEMBERSHIP NO.4163 23. YASHODHA W/O ANANADA NAIKA AGED ABOUT 43 YEARS MEMBERSHIP NO.4578 - 4 - NC: 2025:KHC:6679 WP No. 2116 of 2025 24. NAGAMMA S/O SOMA NAIKA AGED ABOUT 54 YEARS MEMBERSHIP NO.4599 25. LATHA W/O ANANDA NIAKA AGED ABOUT 39 YEARS MEMBERSHIP NO.4847 26. MADHUSUDHANA S/O ANTHAPPA POOJARY AGED ABOUT 38 YEARS MEMBERSHIP NO.4881 27. DAYANANDA GOWDA S/O VENKAPPA GOWDA AGED ABOUT 47 YEARS MEMBERSHIP NO.4900 28. GEETHA W/O VEERAPPA NALKE AGED ABOUT 36 YEARS MEMBERSHIP NO.4907 29. KRISHNAPPA MOOLYA S/O JATTHAPPA MOOLYA AGED ABOUT 53 YEARS MEMBERSHIP NO.4916 30. SAVITHRI BHAT W/O PADMANABHA BHAT K. AGED ABOUT 49 YEARS 4987 31. NIRANJAN RAI S/O KAMALAKSHA RAI AGED ABOUT 43 YEARS MEMBERSHIP NO. 5050 32. THARAVATHI W/O SURESH POOJARY - 5 - NC: 2025:KHC:6679 WP No. 2116 of 2025 AGED ABOUT 46 YEARS MEMBERSHIP NO.5052 33. KU. SHUBHAVATHI D/O VIJAYA KULAL AGED ABOUT 34 YEARS MEMBERSHIP NO.5072 34. KU. ASHWINI D/O VIJAY KULAL AGED ABOUT 32 YEARS MEMBERSHIP NO.5109 35. SEETHARAMA S/O BABU GOWDA AGED ABOUT 43 YEARS MEMBERSHIP NO.5442 36. SURESHA W/O APPAYYA NAIKA AGED ABOUT 34 YEARS MEMBERSHIP NO.5453 37. VISHWANATHA S/O AMMU BAIRA AGED ABOUT 40 YEARS MEMBERSHIP NO.5974 38. DINESH NAIKA S/O KITTA NAIKA AGED ABOUT 42 YEARS MEMBERSHIP NO.6015 39. SHUBHALATHA W/O PURANDARA DAS AGED ABOUT 39 YEARS MEMBERSHIP NO.6026 40. CHANDRAHASA KULAL S/O HARIYAPPA MOOLYA AGED ABOUT 29 YEARS MEMBERSHIP NO.6027 - 6 - NC: 2025:KHC:6679 WP No. 2116 of 2025 41. PRASHANTH SHETTY S/O VENKAPPA SHETTY AGED ABOUT 37 YEARS MEMBERSHIP NO.6037 42. AVINASH S/O NAGAPPA POOJARY AGED ABOUT 33 YEARS MEMBERSHIP NO.6140 43. LEELAVATHI W/O DAMODARA POOJARY AGED ABOUT 45 YEARS 44. HARISHA GOWDA C CHANDRASHEKHARA GOWDA AGED ABOUT 38 YEARS MEMBERSHIP NO.6285 45. SHIVARAMA SHETTY S/O UGGAPPA SHETTY AGED ABOUT 42 YEARS MEMBERSHIP NO.6317 46. SAVITHA P C/O SUNITHA KULAL AGED ABOUT 31 YEARS MEMBERSHIP NO.6383 47. KALYANI W/O CHANDRASHEKHARA GOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.6446 48. SUSHANTH S/O RAMPA MOOLYA AGED ABOUT 29 YEARS MEMBERSHIP NO.3476 49. SAVITHA W/O CHANDRASHEKHARA - 7 - NC: 2025:KHC:6679 WP No. 2116 of 2025 AGED ABOUT 35 YEARS MEMBERSHIP NO.6498 50. PRAVEENA SHETTY S/O UGGAPPA SHETTY AGED ABOUT 31 YEARS MEMBERSHIP NO.6505 51. NITHESH S/O RAMANNA MOOLYA AGED ABOUT 28 YEARS MEMBERSHIP NO.6556 52. VIJETHA D/O KRISHNA POOJARY AGED ABOUT 27 YEARS MEMBERSHIP NO.6573 53. PRAVEEN KUMAR S/O POOVAPPA MOOLYA AGED ABOUT 33 YEARS MEMBERSHIP NO.6603 54. NARAYANA S/O MANKU MUGERA AGED ABOUT 37 YEARS MEMBERSHIP NO.6659 55. PURUSHOTTHAMA S/O HONNAPPA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO.6678 56. YOGISHA S/O DEEKAYYA MOOLYA AGED ABOUT 30 YEARS MEMBERSHIP NO.6764 57. CHAMPAVATHI W/O RAMANANDA SHETTY AGED ABOUT 41 YEARS MEMBERSHIP NO.6829 - 8 - NC: 2025:KHC:6679 WP No. 2116 of 2025 58. LALITHA W/O HONNAPPA GOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.6844 59. SAROJINI W/O DOMBAYYA NAIKA AGED ABOUT 51 YEARS MEMBERSHIP NO.6868 60. PRASHANTHA S/O GURUVAPPA JOGI AGED ABOUT 33 YEARS MEMBERSHIP NO.7015 61. VANAJA W/O RAMAKRISHNA AGED ABOUT 41 YEARS MEMBERSHIP NO.7038 62. SUJATHA W/O RAMESHA AGED ABOUT 38 YEARS MEMBERSHIP NO.7046 63. SHREEDHARA BHAT K S/O SADASHIVA BHAT AGED ABOUT 44 YEARS MEMBERSHIP NO.7057 64. PREMA W/O DAYANANDA SHETTY AGED ABOUT 49 YEARS MEMBERSHIP NO.7071 65. BALAKRISHNA POOJARY S/O THIMMAPPA POOJARY AGED ABOUT 54 YEARS MEMBERSHIP NO.7076 - 9 - NC: 2025:KHC:6679 WP No. 2116 of 2025 66. LAKSHMEESHA S/O POOVAPPA MOOLYA AGED ABOUT 31 YEARS MEMBERSHIP NO.7082 67. RAMAKRISHNA S/O VEERAPPA POOJARY AGED ABOUT 41 YEARS MEMBERSHIP NO.7216 68. BABU POOJARY S/O PARAMESHWARA POOJARY K AGED ABOUT 59 YEARS MEMBERSHIP NO.7303 69. VAMANA MOOLYA S/O GANGAYYA MOOLYA AGED ABOUT 48 YEARS MEMBERSHIP NO.7374 70. KAMALA W/O SHEENA NAIKA AGED ABOUT 59 YEARS MEMBERSHIP NO.7416 71. SADASHIVA S/O MUNDAPPA POOJARY AGED ABOUT 51 YEARS MEMBERSHIP NO.7434 72. DOOMANNA POOJARY S/O THYAMPA POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO.7520 72. DOOMANNA POOJARY S/O THYAMPA POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO.7520 ALL ARE MEMBERS OF NERALAKATTE PRIMARY AGRICULTURAL CREDIT CO-OPERATVE SOCIETY LTD. - 10 - NC: 2025:KHC:6679 WP No. 2116 of 2025 A SOCIETY REGISTERED UNDER KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959. NERALAKATTE POST MANI VILLAGE BANTWALA TALUK D.K DISTRICT. 574 253 …PETITIONERS (BY SRI. SHETTY DEEPAK., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING, BANGALORE-560001 REP. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY 3. NERALAKATTE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 2759. NERALAKATTE POST MANI VILLAGE BANTWALA TALUK D.K DISTRICT. 574 253 REP. BY ITS CEO 4. THE RETURNING OFFICER NERALAKATTE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. NERALAKATTE POST, MANI VILLAGE BANTWALA TALUK D.K DISTRICT. 574253 …RESPONDENTS (BY SRI.YEGESH D. NAIK, AGA FOR R1 AND R4; SRI. T. L. KIRAN KUMAR, ADV FOR R2; SRI. KESHAVA BHAT, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 217 AND 217 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DISQUALIFIED / INELIGIBLE VOTERS LIST OF MEMBERS FOR THE ELECTION HELD TO R-3 UNION SCHEDULED ON 29.01.2025 SO FAR AS PETITIONERS ARE - 11 - NC: 2025:KHC:6679 WP No. 2116 of 2025 CONCERN, THE COPY OF WHICH HAS BEEN PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: C CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- 1. Issue a writ in the nature of certiorari or any other Writ quashing the disqualified/ineligible voters list of members for the election held to Respondent No.3 union scheduled on 29.01.2025, so far as petitioners are concern, the copy of which has been produced at Annexure-B. 2. Issue a writ of mandamus directing the Respondents to include the names of these petitioners in the final eligible voters list and permit the Petitioners to case their votes in the upcoming elections of the Respondent No.3 Society which is scheduled to be held on 29.01.2025 3. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 2. This Court by way of an interim arrangement on 27.01.2025 permitted the petitioners to cast their votes in - 12 - NC: 2025:KHC:6679 WP No. 2116 of 2025 the ensuing election scheduled on 29.01.2025 subject to final outcome of this petition. 3. Heard Sri Shetty Deepak, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Keshava Bhat, learned counsel for respondent No.3. 4. Counsel for the petitioners submits that the election has been held as scheduled on 29.01.2025 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 - 13 - NC: 2025:KHC:6679 WP No. 2116 of 2025 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 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 - 14 - NC: 2025:KHC:6679 WP No. 2116 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 29.01.2025. 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. - 15 - NC: 2025:KHC:6679 WP No. 2116 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 YKL List No.: 2 Sl No.: 6