- 1 - NC: 2025:KHC:11749 WP No. 2601 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2601 OF 2025 (CS-EL/M) BETWEEN: 1. JAVAREGOWDA, S/O THIMMEGOWDA, AGED ABOUT 61 YEARS, SHARE NO.1049. 2. MANJULA, S/O LATE BHEEMA, AGED ABOUT 58 YEARS, SHARE NO.4805. 3. BHAGYAMMA, S/O LATE KB LAKSHMANA, AGED ABOUT 56 YEARS, SHARE NO.3157. 4. JANARDHANA NP, S/O PUTTANNA B, AGED ABOUT 64 YEARS, SHARE NO.1959. 5. RAVISHGOWDA, S/O SUBASHCHANDRA, AGED ABOUT 58 YEARS, SHARE NO.4493. 6. SIDDURAIAH, S/O NANJAIAH, AGED ABOUT 49 YEARS, SHARE NO.1173. 7. CHIKKANINAGAIAH, S/O HANUMAIAH, AGED ABOUT 54 YEARS, SHARE NO.1175. 8. SHIVAMALLU, S/O CHIKKAMADAIAH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11749 WP No. 2601 of 2025 AGED ABOUT 60 YEARS, SHARE NO.1852. 9. VEERABADRA K, S/O LATE KALAIAH, AGED ABOUT 67 YEARS, SHARE NO.1886. 10. MURUDESHA M, S/O MURUDAIAH MN, AGED ABOUT 51 YEARS, SHARE NO.2238. 11. SHRENIVAS P, S/O LATE PUTTASWAMY, AGED ABOUT 60 YEARS, SHARE NO.2478. 12. LINGARAJU KB, S/O BAIRAPPA, AGED ABOUT 54 YEARS, SHARE NO.2802. 13. JAYALAKSHMI B, W/O LINGARAJU, AGED ABOUT 51 YEARS, SHARE NO.3153. 14. DEVARAJEGOWDA, S/O BAIRAPPA, AGED ABOUT 45 YEARS, SHARE NO.3354. 15. ADARSH B, S/O BASAVARAJU, AGED ABOUT 51 YEARS, SHARE NO.4741. 16. JAYAMMA, W/O P BOLAREGOWDA, AGED ABOUT 52 YEARS, SHARE NO.2277. 17. DHANALAKSHMI B, S/O LATE MAHADEVA P, AGED ABOUT 58 YEARS, SHARE NO.4525. 18. BALARAJ K, - 3 - NC: 2025:KHC:11749 WP No. 2601 of 2025 S/O KEMPEGOWDA KC, AGED ABOUT 46 YEARS, SHARE NO.2877. 19. RAMESHA @ PUTTA T, S/O THIMMEGOWDA, AGED ABOUT 46 YEARS, SHARE NO.2877. 20. JAYARAMA C, S/O CHANNABASAWEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.1180. 21. PRAKASH, S/O CHANNABASAWEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.2467. ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU, MYSURU TALUK, MYSURU DISTRICT-570001. SENIOR CITIZEN BENEFITS ARE NOT CLAIMED. PETITIONERS (BY SRI. PRASHANTH D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC,A BLOCK, K.H ROAD, SHANTINAGAR, BENGALURU-560 027, REP. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT-570001. 4. ASSISTANT REGISTRAR - 4 - NC: 2025:KHC:11749 WP No. 2601 of 2025 OF CO-OPERATIVE SOCIETIES, MYSURU SUB DIVISION, MYSURU TALUK, MYSURU DISTRICT-570001. 5. CHIEF EXECUTIVE OFFICER, MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959). 6. RETURNING OFFICER, MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959). RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1, R3, R4 AND R6; SRI. TL KIRAN KUMAR., FOR R2; SRI. SB. TOTAD., FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-A AND ETC,. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:11749 WP No. 2601 of 2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:11749 WP No. 2601 of 2025 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 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 - 7 - NC: 2025:KHC:11749 WP No. 2601 of 2025 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 PNV List No.: 1 Sl No.: 6