- 1 - NC: 2025:KHC:14261 WP No. 2591 of 2025 C/W WP No. 2736 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. 2591 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 2736 OF 2025 (CS-EL/M) [ IN WP No. 2591/2025 BETWEEN: 1. SRI. NAGARAJU S/O BOREGOWDA AGED ABOUT 67 YEARS SHARE NO 585 CONSTITUTENCY NO 3 MEMBERS OF NAGAMANGALA TALUK PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD NAGAMANGALA MANDYA DISTRICT 571432 2. SMT ASHALATHA W/O NANDISH AGED ABOUT 45 YEARS SHARE NO 3067 CONSTITUENCY NO 7 MEMBER OF NAGAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD NAGAMANGALA MANDYA DISTRICT 571432 …PETITIONERS (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO OPERATION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14261 WP No. 2591 of 2025 C/W WP No. 2736 of 2025 MS BUILDING BENGALURU 560001 2. THE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, K H ROAD SHANTHINAGAR BENGALURU 560027 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES ELECTION OFFICER MANDYA 571432 4. THE RETURNING OFFICER NAGAMANGALA TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD NAGAMANGALA MANDYA DISTRICT 571432 5. NAGAMANGALA TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD NAGAMANGALA MANDYA DISTRICT 571432 REPT BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE, DECLARING THE ACT OF RESPONDENTS CATEGORIZING THE PETITIONER AS IN ELIGIBLE VOTERS UNDER BORROWERS CATEGORY TO R5 ELECTIONS 2025-2030 WITHOUT FOLLOWING MANDATE OF RULE 13 D 2 (A) OF KARNATAKA CO OPERATIVE SOCIETIES RULES 1960 AS PER ANNEXURE-B, IS ARBITRARY AND ILLEGAL AND ETC. IN WP NO. 2736/2025 BETWEEN: SMT. PUTTAMMA W/O LATE MUDDEGOWDA, - 3 - NC: 2025:KHC:14261 WP No. 2591 of 2025 C/W WP No. 2736 of 2025 AGED ABOUT 72 YEARS, SHARE NO 3707, CONSTITUENCY NO 10, MEMBER OF NAGAMANGALA TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, MANDYA DISTRICT 571432 ...PETITIONER (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COOPERATION M S BUILDING, BENGALURU 560001 2. THE COOPERATIVE ELECTION AUTHORITY 3RD FLOOR SHANTHINAGAR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR BANGALORE 560027 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES ELECTION OFFICER, MANDYA 571432 4. THE RETURNING OFFICER NAGAMAGANGALA, TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, MANDYA DISTRICT 571432 5. NAGAMANAGALA TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, MANDYA DISTRICT 571432 REPT BY ITS CHIEF EXECUTIVE OFFICER, (REGISTERED UNDER COOPERATIVE SOCIETIES ACT) ...RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR ., ADVOCATE FOR R2; R5-SERVED) - 4 - NC: 2025:KHC:14261 WP No. 2591 of 2025 C/W WP No. 2736 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE, DECLARING THE ACT OF RESPONDENTS CATEGORIZING THE PETITIONER AS IN-ELIGIBLE VOTERS UNDER BORROWERS CATEGORY TO 5TH RESPONDENT ELECTIONS 2025-2030 WITHOUT FOLLOWING MANDATE OF RULE 13-D-2(A) OF KARNATAKA CO-OPERATIVE SOCIETIES RULES 1960 AS PER ANNEXURE-B, IS ARBITRARY AND ILLEGAL AND ETC. THESE WRIT PETITIONS, 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 petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:14261 WP No. 2591 of 2025 C/W WP No. 2736 of 2025 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 votes cast by the petitioners. 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 Petitions are disposed of. ii. The Returning Officer in each of the above matters is directed to announce the result within seven days of the receipt of a copy of - 6 - NC: 2025:KHC:14261 WP No. 2591 of 2025 C/W WP No. 2736 of 2025 this order by taking into account the votes cast by the petitioners in each of the above matters. 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 votes cast by the respective petitioners 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.: 77