- 1 - NC: 2025:KHC:14076 WP No. 2577 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. 2577 OF 2025 (CS-EL/M) BETWEEN: JAYARAM S/O SAKRYANAIK, AGED 52 YEARS, R/O MADENHALLI VILLAGE CHANNESHPURA POST, CHANNAGIRI TALUK DAVANGERE DISTRICT -577221 …PETITIONER (BY SRI. H JAYARAMA SHETTY.,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 TT MC A BLOCK, SHANTHI NAGAR BANGALORE -560 027 REPRESENTED BY ITS SECRETARY 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER VIDYANAGAR DAVANGERE DAVANGERE DISTRICT -577001 4. RETURNING OFFICER TOTA UTPANNAGALA MARATA SAHAKARA SANGHA NIYAMITHA (TUMCOS), Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14076 WP No. 2577 of 2025 APMC YARD, CHANNGIRI DAVANGERE DISTRICT -577213 5. TOTA UPANNAGALA MARATA SAHAKARA SANGHTA NIYAMITA (TUMCOS) APMC YARD CHANNAGIRI DAVANGERE DISTRICT -577213 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NO. R & 5 ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETEIS ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R2 TO R5 TO INCLUDING THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CONTEST AND CAST HIS VOTE IN THE ELECTION TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 09/02/2025 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 - 3 - NC: 2025:KHC:14076 WP No. 2577 of 2025 that the vote cast by the petitioner shall be kept in separate ballot box. 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:14076 WP No. 2577 of 2025 4. In that view of the matter, I pass the following: ORDER i. The Writ Petition is disposed of. 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.: 76