- 1 - NC: 2025:KHC:11001 WP No. 2394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2394 OF 2025 (CS-EL/M) BETWEEN: SRI JAGADISH S/O KAEGOWDA AGED ABOUT 59 YEARS, R/AT DODDATHARAHALLI VILLAGE KEKKERI HOBLI, K R PETE TALUK MANDYA DISTRICT PIN-571423 …PETITIONER (BY SRI. DHRUVA KUMARA D N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING DR AMBDEKAR VEEDHI, BENGALURU -560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR TTMC A BLOCK, SHANTHINAGARA BENGALURU -560 027. REP BY ITS SECRETARY 3. DEPUTY COMMISSIONER / DISTRICT ELECTION OFFICER MANDYA DISTRICT, MANDYA -571 401 4. THE JOINT COMMISSIONER OF COOPERATIVE SOCIETIES MANDYA DIVISION, MANDYA-571 401 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11001 WP No. 2394 of 2025 5. DODDATHARAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LIMITED K.R. PETE TALUK, MANDYA DISTRICT -571 423 REP BY ITS SECRETARY. (REGISTRED UNDER CO-OPERATIVE SOCIETY ACT) 6. THE RETURNING OFFICER DODDATHARAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LIMITED K R PETE TALUK, MANDYA DISTRICT -571 423 7. MANDYA DISTRICT COOPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., GEJJALAGERE MANDYA DISTRICT -571 428. REP BY ITS MANAGING DIRECTOR (REGISTRED UNDER CO-OPERATIVE SOCIETY ACT) 8. THE RETURNING OFFICER MANDYA DISTRICT COOPERATIVE MILK PRODUCERS SOCIETIES UNION LIMITED, GEJJALAGERE MANDYA DISTRICT- 571 428. 9. THE UNION OF INDIA DEPARTMENT OF AGRICULTURE AND COOPERATIVE SOCIETIES NEW DELHI -110001 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3, R4, R6 R8; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. B.L. SANJEEV., ADVOCATE FOR R7 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE LETTER / COMMUNICATION BEARING NO. MAHAO/ADALITA/CHUNAVANE/642/2024-25/2239 DTD. 22.01.2025 ISSUED BY THE MANAGING DIRECTOR OF THE R-7 PRODUCED AT ANNX-A AS THE SAME ILLEGAL, ARBITRARY AND WITHOUT AUTHORITY OF LAW AND ALSO VIOLATIVE OF THE FUNDAMENTAL - 3 - NC: 2025:KHC:11001 WP No. 2394 of 2025 RIGHTS GUARANTEED TO THE PETITIONER UNDER THE CONSTITUTION AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, 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 is declared to be ineligible voter to cast his vote in the elections 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:11001 WP No. 2394 of 2025 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 vote 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 is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the vote cast by the petitioner 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 - 5 - NC: 2025:KHC:11001 WP No. 2394 of 2025 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 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.: 2 Sl No.: 8