- 1 - NC: 2025:KHC:7605 WP No. 2490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2490 OF 2025 (CS-EL/M) BETWEEN: 1. K T BHAGYAMMA W/O HORAKERAPPA, AGE ABOUT 62 YEARS, MEMBERSHIP NO.1/11 2. H S PRASANNAKAMAR S/O ANJISHIVANNA, AGE ABOUT 66 YEARS, MEMBERSHIP NO.1/57 3. K S GANAGADARAIAH S/O SHANTHAVEERAIAH, AGE ABOUT 65 YEARS, MEMBERSHIP NO.1/66 4. M P DEVARAJ S/O UTTAMCHAND, AGE ABOUT 72 YEARS, MEMBERSHIP NO.1/76 5. L M DATTATREY S/O VENKATNARAYAN, AGE ABOUT 66 YEARS, MEMBERSHIP NO.1/84 6. RAMACHANDRAPPA S/O HANUMANTHAPPA, AGE ABOUT 73 YEARS, MEMBERSHIP NO.1/86 7. ANJANEYA, S/O PUTTARANGAPPA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7605 WP No. 2490 of 2025 AGE ABOUT 60 YEARS, MEMBERSHIP NO.1/89 8. K KUPPAN S/O KATRAYAKANNAN, AGE ABOUT 62 YEARS, MEMBERSHIP NO.2/21 9. SUSHILAMMA, W/O MALLAPPA, AGE ABOUT 5 YEARS, MEMBERSHIP NO.2/26 10. K N SHEKARAPPA S/O NANJUNDAPPA, AGE ABOUT 73 YEARS, MEMBERSHIP NO.2/27 11. T CHANDRASHEKHAR S/O THIMMAIAH, AGE ABOUT 66 YEARS, MEMBERSHIP NO.2/41 12. T H SURESH, S/O HANUMANTHAPPA, AGE ABOUT 64 YEARS, MEMBERSHIP NO.2/43 13. RANGANATH S/O RAJU, AGE ABOUT 48 YEARS, MEMBERSHIP NO.2/68 14. K H RAJARAO S/O HANUMANTHRAO, AGE ABOUT 63 YEARS, MEMBERSHIP NO.2/84 15. K P NIRAVANA SIDAPPA S/O PARVATHAPPA, AGE ABOUT 85 YEARS, MEMBERSHIP NO.3/36 - 3 - NC: 2025:KHC:7605 WP No. 2490 of 2025 16. MANJULABAI W/O RATHOJIRAO AGE ABOUT 68 YEARS, MEMBERSHIP NO.3/49 17. M SINOJIRAO S/O MANJOJIRAO, AGE ABOUT 73 YEARS, MEMBERSHIP NO.3/50 18. T N VENKATESH S/O NARAYANAPPA, AGE ABOUT 68 YEARS, MEMBERSHIP NO.3/59 19. T N LOKESH S/O NARAYANAPPA, AGE ABOUT 56 YEARS, MEMBERSHIP NO.3/60 20. P A HYDERKOYA S/O KOYATHANGAL, AGE ABOUT 66 YEARS, MEMBERSHIP NO.3/63 21. K T ROOPA S/O SURESH, AGE ABOUT 58 YEARS, MEMBERSHIP NO.3/69 22. L N SITHARAM S/O VENKATARAMANAPPA, AGE ABOUT 68 YEARS, MEMBERSHIP NO.5/2 23. L M SHIVASHANKAR S/O MYALARABHATTA, AGE ABOUT 77 YEARS, MEMBERSHIP NO.4/10 24. JAYAMMA W/O KANDASWAMY, AGE ABOUT 69 YEARS, MEMBERSHIP NO.4/12 - 4 - NC: 2025:KHC:7605 WP No. 2490 of 2025 25. L T SHANKRAPPA S/O THIMMABHOVI, AGE ABOUT 55 YEARS, MEMBERSHIP NO.4/25 26. M C OMKARAMURTHY S/O CHANDRASHEKARAIAH, AGE ABOUT 67 YEARS, MEMBERSHIP NO.4/31 27. M C RENUKARADHYA S/O CHANDRASHEKARAIH, AGE ABOUT 64 YEARS, MEMBERSHIP NO.4/33 28. N MOKSHA W/O NIJGUNNA, AGE ABOUT 48 YEARS, MEMBERSHIP NO.4/36 29. MAMMATHA M N W/O NAGARAJU, AGE ABOUT 47 YEARS, MEMBERSHIP NO.4/41 30. M LAKSHMAN, S/O MUTHUGOUNDER, AGE ABOUT 71 YEARS, MEMBERSHIP NO.4/48 31. KANDASWAMY M, S/O MUTTUGOUNDAR, AGE ABOUT 78 YEARS, MEMBERSHIP NO.4/49 32. S K PARVATHAMMA W/O JAYANNA, AGE ABOUT 68 YEARS, MEMBERSHIP NO.4/51 33. VENKATESH, S/O SANNATHAMMANA, - 5 - NC: 2025:KHC:7605 WP No. 2490 of 2025 AGE ABOUT 64 YEARS, MEMBERSHIP NO.5/3 ALL THE PETITIONERS ARE MEMBERS OF WATER USERS CREDIT CO-OPERATIVE SOCIETY (REGD), HALSURU, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228. … PETITIONERS (BY SRI H.B. RUDRESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHINAGAR, K.H. ROAD, BANGALORE-560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560001. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKAMAGALURU DISTRICT. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKAMAGALORESUB-DIVISION, CHIKKAMAGALORE, CHICKAMAGALURU DISTRICT. - 6 - NC: 2025:KHC:7605 WP No. 2490 of 2025 6. RETURNING OFFICER, WATER USERS CO-OPERATIVE SOCIETY (REGD), HALASUR VILLAGE, TARIKERE TALUKU, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALORE-577228. 7. WATER USERS CO-OPERATIVE SOCIETY (REGD), REG. UNDER THE K.C.S. ACT 1959, HALASUR VILLAGE, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228 SOCIETY REP. BY ITS SECRETARY/CEO. … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 TO R-6; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NOS.2, 3, 4, 6 AND 7 TO INCLUDE THE NAMES OF THE ABOVE SAID PETITIONERS IN THE FINAL ELIGIBLE VOTES LIST AT ANNEXURE-B AND PERMIT THE SAID PETITIONERS NO.1 TO 33 TO CAST THEIR VOTES AND PERMIT THE SAID PETITIONERS CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO RESPONDENT NO.7 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 VIDE ANNEXURE -A IN SO FAR AS PETITIONERS IN CONCERNED. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 7 - NC: 2025:KHC:7605 WP No. 2490 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- “a) Issue a Writ of mandamus or any other appropriate writ or direction, thereby directing the Respondent Nos.2, 3, 4, 6 & 7 to include the names of the above said Petitioners in the final eligible votes list at Annexure-B and permit the said Petitioners No.1 to 33 to cast their votes and permit the said petitioners cast their votes in the upcoming elections to Respondent No.7 society which is scheduled to be held on 02.02.2025 vide Annexure-A in so far as petitioners in concerned. b) Pass such other orders as may be appropriate in the facts and circumstances of the case by allowing this Writ Petition, in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 30.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition. - 8 - NC: 2025:KHC:7605 WP No. 2490 of 2025 3. Heard Sri H.B. Rudresh, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 6 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Though the notice has been served on the respondent-society they have chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that respondent No.7- society has classified the members as eligible and ineligible voters for participation and casting their votes in the ensuing election. It is submitted that the list of the eligible members to vote in the election has come down overall to 48% of the total members and 52% of members have been rendered ineligible. The voters list has been - 9 - NC: 2025:KHC:7605 WP No. 2490 of 2025 prepared, indicating the ineligible members have not attended two annual general body meetings and the members have not used the services of the society. 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 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 - 10 - NC: 2025:KHC:7605 WP No. 2490 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 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. 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 - 11 - NC: 2025:KHC:7605 WP No. 2490 of 2025 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 MBM List No.: 2 Sl No.: 20