- 1 - NC: 2025:KHC:6842 WP No. 2606 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.2606 OF 2025 (CS-EL/M) BETWEEN: 1. BASAVARAJU S/O HUCCHEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.192 2. MARAPPA S/O MALEGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.1502 3. BASAVARAJU S/O CHIKKEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.762 4. NINGEGOWDA S/O BASAVWGOWDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.1653 5. BASAVEGOWDA S/O GOJEGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.1641 6. SIDDARAMU M S/O MARIGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.157 7. BHASKAR S/O KULLEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.1940 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6842 WP No. 2606 of 2025 8. ASHA C W/O CHANDRA K, AGED ABOUT 40 YEARS, MEMBERSHIP NO.1777 9. SIDDARAMU S/O SANNAMUDDEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.1941 10. BASAPPA S/O MALEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.893 11. KALEGOWDA S/O KALEGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.248 12. MAHADEVEGOWDA S/O MARIGOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.1563 13. PUTTATHAYAMMA W/O SANNEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.84 14. BASAVEGOWDA S/O BASAVEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.730 15. THAYAMMA W/O KUNNIMARIGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.872 16. KALAPPA S/O KARIGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.1403 - 3 - NC: 2025:KHC:6842 WP No. 2606 of 2025 17. BASAVARAJU S/O PAPEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.286 18. LAKSHMAMMA W/O BASAVANAYAKA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.612 19. MAHADEVU S/O SHIVALINGEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.1942 20. CHANDRAPRABHA W/O MAROGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.803 21. ETTEGOWDA S/O CHIKKEGOWDA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.260 22. PUNEETH B S/O BEEREGOWDA, AGED ABOUT 68 YEARS, MEMBERSHIP NO.59 23. PURUSHOTHAMA S/O SIDDARAMEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.989 24. RATHNAMMA W/O NINGANNACHARI, AGED ABOUT 48 YEARS, MEMBERSHIP NO.1550 25. NINGEGOWDA S/O BASAVEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1653 - 4 - NC: 2025:KHC:6842 WP No. 2606 of 2025 26. LAKSHMAMMA W/O SIDDANAYAKA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.690 27. DEVANNA S/O SOKKAIAH, AGED ABOUT 49 YEARS, MEMBERSHIP NO.771 28. KUMAR N S/O NINGANAYAKA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.783 29. PURNIMA W/O KUMARA, AGED ABOUT 38 YEARS, MEMBERSHIP NO.1096 30. RAVICHANDRA S/O JAVARAIAH, AGED ABOUT 35 YEARS, MEMBERSHIP NO.1551 31. P CHIKKAHANUMAIAH S/O BILIGIRAIAH, AGED ABOUT 52 YEARS, MEMBERSHIP NO.1705 32. MAHADEVASWAMY S/O CHIKKAVEERAIAH, AGED ABOUT 51 YEARS, MEMBERSHIP NO.1070 33. SHIVAPPA S/O MAHADEVAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.1071 34. YOGEESH S/O NANJUNDAPPA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.1493 - 5 - NC: 2025:KHC:6842 WP No. 2606 of 2025 35. VEERAPPA S/O CHIKKAVEERAIAH, AGED ABOUT 54 YEARS, MEMBERSHIP NO.1079 36. MANJUNATH B S/O BASAVALINGAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.1084 37. VEERARAJAPPA S/O VEERABADRAPPA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1085 38. RAJASHEKAR ARADHYA S/O PUTTASWASOMA ARADHYA, AGED ABOUT 53 YEARS MEMBERSHIP NO.1483 39. SHIVANNA S/O PATEL VIRAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.1029 40. D V LINGARAJU S/O VEERABADRAPPA, AGED ABOUT 53 YEARS, MEMBERSHIP NO.1002 41. PUTTANNA S/O CHIKKABASAPPA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.1066 42. VEERABADRAPPA S/O IRAPPA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.1067 43. SHIVANNA S/O CHIKKABASAPPA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1068 - 6 - NC: 2025:KHC:6842 WP No. 2606 of 2025 44. NANJUNDAPPA S/O CHIKKAVERAIAH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1069 45. SHIVALINGEGOWDA S/O MARISIDDEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.718 46. RAMEGOWDA S/O MARIGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.776 47. JAVAREGOWDA S/O KENGEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.829 48. SHIVANNEGOWDA S/O SHIRANGEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.831 49. G M NAGESH S/O MARISIDDEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.909 50. SUCHITRA S/O DEVARAJEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.945 51. JAVAREGOWDA S/O SHIREGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.996 52. BASAVALINGEGOWDA S/O BOREGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1003 - 7 - NC: 2025:KHC:6842 WP No. 2606 of 2025 53. MAHADEVAMMA S/O JAVAREGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1004 54. G M VISHWANATH S/O MARIGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1081 55. GAYATHRI G S/O NINGEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.1109 56. SANNAHAIDEGOWDA S/O BANAVADI HANUMEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1118 57. THYAGARAJU S/O SIDDEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.1532 58. M D SHIVAPRAKASH S/O DEVAPPA, AGED ABOUT 29 YEARS, MEMBERSHIP NO.1580 59. GOPI G S S/O SANJEEV GOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.1634 60. H SANJEEV GOWDA S/O HANUMEGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.1635 61. DEVEGOWDA S/O SAHTTYGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.1695 - 8 - NC: 2025:KHC:6842 WP No. 2606 of 2025 62. BOREGOWDA S/O MARIGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.1718 63. KENDAGANNARADYA S/O MALLARADYA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.979 64. SHIVANNEGOWDA S/O CAHALUVEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.833 65. DEVAMMA W/O BOREGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1472 66. LAKSHMAIAH S/O ADI SIDDAIAH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1553 67. MAHADEVAPPA S/O MADAPPA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1688 68. DEVAMMA W/O KENGEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1816 69. JAYAMMA S/O JOGISIDDAIAH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1821 70. GURUSWAMY S/O HANUMANTHANAIK, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1072 - 9 - NC: 2025:KHC:6842 WP No. 2606 of 2025 71. POORNIMA S/O KUMAR, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1096 72. JAVARA SHETTY S/O THIMME SHETTY, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1119 73. DHAIRE GOWDA S/O BOREGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1005 74. MAHALAKSHMAMMA W/O PAPEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1716 75. NAGARAJU S/O CHIKKANE GOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1566 76. G UMADEVI W/O PRAKASH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1078 77. GOPAL SHETTY S/O GOPAL SHETTY, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1091 78. KRISHNA S/O MADEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.1738 79. DHODDE GOWDA S/O KALALE CHIKKE GOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1927 - 10 - NC: 2025:KHC:6842 WP No. 2606 of 2025 80. NANJAIAH S/O BUNDAIAH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1115 81. CHIKKA MACHAIAH S/O RAMAIAH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1064 82. SAJJE GOWDA S/O KUNTAPAPE GOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1534 ALL ARE THE MEMBER OF THE DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK, MYSURU DISTRICT-570001 … PETITIONERS (BY SRI SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001. - 11 - NC: 2025:KHC:6842 WP No. 2606 of 2025 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION, MYSURU TALUK, MYSURU DISTRICT-570001. 5. THE DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK, MYSURU DISTRICT-570001 REP. BY ITS CHIEF EXECUTIVE OFFICER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK, MYSURU DISTRICT-570001 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SR S.B. TOTAD, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NOS.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 31.01.2025. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 12 - NC: 2025:KHC:6842 WP No. 2606 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- “i) Issue a writ of mandamus directing the Respondent Nos.2 to 6 to include the name of the petitioner in the eligible voters list and permit the petitioner votes in the elections to the Respondent No.5 which is scheduled to be held on 31.01.2025. ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.” 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 31.01.2025 subject to final outcome of this petition. 3. Heard Sri Sandesh T.B., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri S.B. Totad, learned counsel for respondent No.5. - 13 - NC: 2025:KHC:6842 WP No. 2606 of 2025 4. Counsel for the petitioners submits that the election has been held as scheduled on 31.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. - 14 - NC: 2025:KHC:6842 WP No. 2606 of 2025 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. 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 31.01.2025. 1 2022 (4) AKR 775 - 15 - NC: 2025:KHC:6842 WP No. 2606 of 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 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. - 16 - NC: 2025:KHC:6842 WP No. 2606 of 2025 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.: 28