- 1 - NC: 2025:KHC:7273 WP No. 2580 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.2580 OF 2025 (CS-EL/M) BETWEEN: 1. HUCCHEGOWDA S/O VENKATEGOWDA AGED ABOUT 55 YEARS SHARE NO.1526 2. CHALUVEGOWDA S/O LATE THOTALEGOWDA AGED ABOUT 58 YEARS SHARE NO.1527 3. JAI PRAKASH S/O MAHADEVAPPA .R AGED ABOUT 56 YEARS SHARE NO.1147 4. RAJESHWARI D/O RAJANNA AGED ABOUT 64 YEARS SHARE NO.2340 5. SHIVANNA S/O BASAPPA AGED ABOUT 58 YEARS SHARE NO.2367 6. NAGAPPA .M S/O KUNTAMADAPPA AGED ABOUT 49 YEARS SHARE NO.2827 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7273 WP No. 2580 of 2025 7. CHINNABUDDI .P S/O PUTTAMADAPPA .P AGED ABOUT 54 YEARS SHARE NO.3368 8. NAGARAJU H.N. S/O NANJAPPA AGED ABOUT 60 YEARS SHARE NO.1135 9. CHIKKATHAYAMMA W/O LATE MALAPPA AGED ABOUT 67 YEARS SHARE NO.4366 10. NANJUNDAPPA S/O PUTANANJAPPA AGED ABOUT 51 YEARS SHARE NO.1453 11. SWAMY C.M. S/O MADAPPA AGED ABOUT 60 YEARS SHARE NO.1926 12. SURESH C.L. S/O LATE NINGANNA AGED ABOUT 54 YEARS SHARE NO.2375 13. PARVATHAMMA W/O PUTTADEVAYYA AGED ABOUT 51 YEARS SHARE NO.2497 14. SIDAPPA .M S/O MADAPPA AGED ABOUT 45 YEARS SHARE NO.3 15. JAYAMMA W/O SIDAPPA - 3 - NC: 2025:KHC:7273 WP No. 2580 of 2025 AGED ABOUT 51 YEARS SHARE NO.4 16. MAHALINGAPPA C.M. S/O LATE MADAPPA AGED ABOUT 52 YEARS SHARE NO.4109 17. SHIVANNA S/O LATE PUTTANANJAPPA AGED ABOUT 58 YEARS SHARE NO.4383 18. NAGANNA S/O MADAPPA AGED ABOUT 46 YEARS SHARE NO.4632 19. MAHADEVASWAMY S/O LATE RAJAPPA AGED ABOUT 46 YEARS SHARE NO.4701 20. BHAGYALAKSHMI .C D/O CHANNAYA .V AGED ABOUT 46 YEARS SHARE NO.1738 21. SHIVAKUMAR S/O LATE R. LINGAYA AGED ABOUT 46 YEARS SHARE NO.1739 22. SWAMY .D S/O DODDABASAVAYYA AGED ABOUT 46 YEARS SHARE NO.945 23. HONNEGOWDA S/O DASEGOWDA AGED ABOUT 46 YEARS SHARE NO.951 - 4 - NC: 2025:KHC:7273 WP No. 2580 of 2025 24. MADAPPA .L S/O LINGAPPA AGED ABOUT 46 YEARS SHARE NO.1540 25. PUTTABUDDI S/O ANKAPPA HULAKAPPA AGED ABOUT 46 YEARS SHARE NO.1889 ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BAND LTD., MYSURU, MYSURU TALUK, MYSURU DISTRICT-570001. …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 REP. 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. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT-570001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES - 5 - NC: 2025:KHC:7273 WP No. 2580 of 2025 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 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 DIRECT THE RESPONDENT NOS.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. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 6 - NC: 2025:KHC:7273 WP No. 2580 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 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. 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 02.02.2025 subject to final outcome of this petition. 3. Heard Sri Prashanth .D, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, - 7 - NC: 2025:KHC:7273 WP No. 2580 of 2025 learned counsel for respondent No.2 and Sri S.B. Totad, learned counsel for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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 - 8 - NC: 2025:KHC:7273 WP No. 2580 of 2025 cast votes of the petitioners to be included while counting and the results to be announced. 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 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:7273 WP No. 2580 of 2025 announce the results of the election, which was scheduled on 02.02.2025. 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 - 10 - NC: 2025:KHC:7273 WP No. 2580 of 2025 shall also be taken into account before passing the final orders. 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.: 24