- 1 - NC: 2025:KHC:14077 WP No. 2470 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2470 OF 2025 (CS-EL/M) BETWEEN: SIDDESH G.S. SON OF SHAKARAMURTHY G, AGED ABOUT 43 YEARS, OCC AGRICULTURE, RESIDING NEAR SBI BANK, KULAMBI VILLAGE, HONNALLI TALUK, DAVANAGERE DSITRICT 577201. …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, M S BUILDING, 6TH FLOOR, BANGALORE - 560 001. 2. SHIVA CREDIT CO OPERATIVE SOCIETY LIMITED REPRESENTED BY ITS SECRETARY, HONALI, DAVANAGERE DISTRICT 577203. 3. THE RETURNING OFFICE TO THE ELECTIONS TO THE SHIVA CREDIT CO OPERATIVE SOCIETY LIMITED, HONALI, DAVANAGERE DISTRICT. 577204. 4. THE DISTRICT COOPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF COOPERATIVE SOCIETY, DAVANAGERE DISTRICT, DAVANAGERE. 577205. 5. CO OPERATIVE ELECTION COMMISSION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14077 WP No. 2470 of 2025 REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, SHANTINAGAR, BANGALORE - 560002. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R5; SRI. SRIKANTH PATIL., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20 (2) (a-iv) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES AND LEGISLATIVE COMPETENCE AND VOILATIVE OF ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND STRUCK DOWN THE SAME BY ALLOWING THIS WP AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 election 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. - 3 - NC: 2025:KHC:14077 WP No. 2470 of 2025 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:14077 WP No. 2470 of 2025 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 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.: 1 Sl No.: 75