- 1 - NC: 2025:KHC:5537 WP No. 2860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2860 OF 2025 (CS-EL/M) BETWEEN: 1. JAGGU JAGANNATH S/O LATE SUBBA RAO SINDHE, AGED ABOUT 61 YEARS, NO. A/85, SECTOR-4, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.10489. 2. S. GAJENDRA PATHY, S/O LATE T.R. SUBRAMANIYAM, AGED ABOUT 57 YEARS, NO. A/165, SECTOR-2, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.11461. 3. S. JAGADESH, S/O LATE D.SHANMUGAM, AGED ABOUT 62 YEARS, NO. A/263, SECTOR-2, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.11997. 4. A. YADAGIRI, S/O LATE RAMAIAH, AGED ABOUT 66 YEARS, NO.A/15, SECTOR-2, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.12162. 5. A. RAMULLU, S/O LATE A.YELLAIHA, AGED ABOUT 67 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5537 WP No. 2860 of 2025 NO.A.211, SECTOR-2, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.11847. 6. R.N.VIJAYAKUMAR, S/O NIJAGUNAPPA, AGED ABOUT 70 YEARS, NO.A.73, SECTOR-2, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.4272. 7. VENKATESH S.T, S/O LATE THIMMEGOWDA, AGED ABOUT 60 YEARS, NO.A-2, SECTOR-4, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.12276. 8. B.P. ANASU, W/O LATE P.P THIMMAIAH AGED ABOUT 72 YEARS, NO.129, 6TH CROSS, AGM LAYOUT, HESRARGATTA ROAD, BANGALORE-560090. MEMBERSHIP NO.10510. 9. H.N.MANJUNATH, S/O LATE H.L HUCHAPPA, AGED ABOUT 71 YEARS, NO.22, GOWRI NILAYA, 20TH MAIN, GAJENDRANAGAR, MUNISWERA BLOCK, AVALAHALLI, BANGALORE-560025, MEMBERSHIP NO. 11690. 10. B.C. SHIVALINGA GOWDA, S/O CHIKKE GOWDA AGED ABOUT 71 YEARS, NO.109, 4TH CROSS, ULLAL MAIN ROAD, GVANAJHOTHI NAGAR, - 3 - NC: 2025:KHC:5537 WP No. 2860 of 2025 BANGALORE-560056, MEMBERSHIP NO. 4305 11. K. SUBRAMANI, S/O KRISHNA SWAMY, AGED ABOUT 71 YEARS, NO.1181, NEW NO. 2401/4, 3RD CROSS, NEAR GOVT. SCHOOL, 20TH MAIN, GAJENDRANAGAR, KALASTHI NAGAR, T. DASARAHALLI, BANGALORE NORTH -560057, MEMBERSHIP NO. 4668. 12. I.A. KAVERAPPA, S/O APPAIAH, AGED ABOUT 64 YEARS, NO.118, KALALTHUR LAYOUT, GANGAMMA CIRCLE, JALAHALLI EAST, AIR FORCE, JALAHALLI, BANGALORE-560013, MEMBERSHIP NO. 7079. 13. K.C. AMARANARAYANA REDDY, S/O CHANNAPPA, AGED ABOUT 61 YEARS, NO.75, 2ND FLOOR, 7TH MAIN, 20TH MAIN, GAJENDRANAGAR, 1ST CROSS, ATTUR LAYOUT, BANGALORE NORTH, BANGALORE -560064, MEMBERSHIP NO. 6524. 14. NANJUNDAIAH. R, S/O LATE RAMANNAIK AGED ABOUT 73 YEARS, NO.14, 7TH CROSS, 2ND MAIN, 20TH MAIN, GAJENDRANAGAR, B.K. NAGARA, BANGALORE-560022, MEMBERSHIP NO. 10104. 15. B. RUDRANNA, S/O BASAVARAJ, AGED ABOUT 68 YEARS, - 4 - NC: 2025:KHC:5537 WP No. 2860 of 2025 NO.344/C, 353/A, 14TH MAIN, 3RD STAGE, 1ST BLOCK, OPP KADAMBI SCHOOL, BASAVESHWARA NAGAR, BANGALORE-560079, MEMBERSHIP NO. 10980 16. SOMAIAH.C.M S/O C.G. MEDAPPA, AGED ABOUT 76 YEARS, NO.50, 12TH CROSS, NANJAPPA LAYOUT EXTENSION, VIDHARANAPURA, BANGALORE-560097, MEMBERSHIP NO.7251. 17. K.S.G.DEVARAJU, S/O GANESHCHOTTIAR, AGED ABOUT 64 YEARS, NO.304, 3RD FLOOR, NISHTA RESIDENCY, VTC BASAVAPURA, ELECTRONIC CITY POST, BANGALORE-560100, MEMBERSHIP NO.9360. 18. JAYALAKSHAMMA, W/O NANJUNDAIAH.R, AGED ABOUT 70 YEARS, NO.14, 7TH CROSS, 2ND MAIN, B.K.NAGARA, BANGALORE-560022. MEMBERSHIP NO.4046. 19. B.SESHAPPA, S/O BASAVANTHAPPA, AGED ABOUT 60 YEARS, NO. A/264, SECTOR-2, HMT COLONY, JALAHALLI, BANGALORE-560013. MEMBERSHIP NO.9069. 20. KALAIAH. C.G, S/O C.J.JANAPATHY, AGED ABOUT 63 YEARS, NO.37, ESHWARA NILAYA, - 5 - NC: 2025:KHC:5537 WP No. 2860 of 2025 RAGHAVENDRA LAYOUT, KAMMAGONDANAHALLI, BANGALORE-560015, MEMBERSHIP NO.10990 21. SAROJINI.P.P, D/O P.A. PEMMAIAH, AGED ABOUT 60 YEARS, NO.213, GANESHKRUPA, RUKMINI NAGAR, TUMKUR ROAD, BANGALORE-560073. MEMBERSHIP NO.7270. 22. RAMU B H, S/O HANUMAIAH, AGED ABOUT 65 YEARS, NO.1232, B. ROCKLINE STUDIO BACK SIDE, NAGASANDRA, HMT LAYOUT, BANGALORE- 560073. MEMBERSHIP NO. 11530. 23. BABU, S/O SRI. NAGENDRAPPA, AGED ABOUT 72 YEARS, NO.S-51, SECTOR-1, HMT COLONY, BANGALORE- 560013. MEMBERSHIP NO. 3527. 24. GIRIJA N, D/O SRI. J.S. NANJUNDAPPA, AGED ABOUT 74 YEARS, APPAREDYPALYA, INDIRANAGAR 2ND STAGE, BANGALORE. MEMBERSHIP NO.4070. 25. KEMPE GOWDA, S/O SRI. SHETTY GOWDA, AGED ABOUT 70 YEARS, NO.39/1, 1ST FLOOR, GANGA NILAYA, 3RD MAIN ROAD, PALACE GUTTAHALLI, BANGALORE- 560003. - 6 - NC: 2025:KHC:5537 WP No. 2860 of 2025 MEMBERSHIP NO. 3287. 26. SHYAM SUNDER M, S/O LATE. DR. M.MOHAN, AGED ABOUT 70 YEARS, NO.72, I BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560097. MEMBERSHIP NO. 2783 27. NANJAMMA N A, D/O N.K.APPAIAH, AGED ABOUT 68 YEARS, NO.90, AGB LAYOUT, 1ST STAGE, MAHALAKSHMI LAYOUT, BANGALORE- 560086. MEMBERSHIP NO.5387 28. VIJAYA KUMAR M E, S/O ESWARAPPA, AGED ABOUT 64 YEARS, C/O. 'BASAVESWARA NILAYA', NAGASANDRA, HAVANUR, BAGALAGUNTE VILLAGE, BANGALORE. MEMBERSHIP NO. 11382. 29. M. VENUGOPAL RAO, S/O VENKOBA RAO, AGED ABOUT 60 YEARS, W-560, SECTOR -3, HMT COLONY, BANGALORE- 560031. MEMBERSHIP NO. 11998. 30. SARASWATHI GUJJALA, D/O RUDRAPPA, AGED ABOUT 40 YEARS, W-41, HMT COLONY, SECTOR -3, JALAHALLI PO., BANGALORE- 560013. MEMBERSHIP NO. 12322. 31. V. VENKATESWARA PRASAD, S/O LATE V.VENKATRAMANPPA, AGED ABOUT 54 YEARS, W/161, SECTOR III, - 7 - NC: 2025:KHC:5537 WP No. 2860 of 2025 HMT COLONY, JALAHALLI PO., BANGALORE-560013. MEMBERSHIP NO. 12233. 32. C.R. MUTHARAYAPPA, S/O C.R. REVANNA, AGED ABOUT 42 YEARS, NO.41, 'W' TYPE, SECTOR-3, HMT COLONY, JALAHALLI BANGALORE- 560013. MEMBERSHIP NO. 12284 33. SURESH H, S/O SRI N HANUMAIAH, AGED ABOUT 72 YEARS, NO.17/A, 8TH MAIN ROAD, R.M.V. EXTN., SADASHIVANAGAR, BANGALORE-560080. MEMBERSHIP NO. 4822. 34. VENKATARAMANA. E, S/O SRI. RAMAIAH, AGED ABOUT 65 YEARS NO.64, 7TH CROSS, 11TH MAIN, KAMMAGONDANAHALLI, NEAR KAIVARA TEMPLE, BANGALORE- 560013. MEMBERSHIP NO. 3618. 35. PRASANNA C.S. D/O LATE. P.S.KURUP, AGED ABOUT 60 YEARS NO.33/2, 2ND MAIN, 3RD CROSS, MARUTHINAGAR, YELAHANKA, BANGALORE- 560064. MEMBERSHIP NO. 12310 36. KUMAR D, S/O LATE S.DORRE SWAMY, AGED ABOUT 62 YEARS, NO.96 A, 3RD CROSS, PRAKASH NAGAR, BANGALORE- 560021. - 8 - NC: 2025:KHC:5537 WP No. 2860 of 2025 MEMBERSHIP NO. 11671. 37. N.PRAKASH, S/O C.NARSE GOWDA, AGED ABOUT 61 YEARS, B-848/3, 'SRI SITARAMANJANEYA NILAYA', JALAHALLI, BANGALORE- 560013. MEMBERSHIP NO. 12142. 38. RAJANI. T.S, D/O T.S.SOMANNA, AGED ABOUT 42 YEARS, A/74, SECTOR -IV, HMT COLONY, JALAHALLI, BANGALORE- 560013. MEMBERSHIP NO. 12326 39. MANJUNATHA.K.R, S/O K.RAMA BHATT, AGED ABOUT 65 YEARS, NO.64/3, 1ST CROSS, 1ST MAIN, HMT LAYOUT, MATTIKERE, BANGALORE-560054. MEMBERSHIP NO. 8922. 40. MURALIDHARA.K.V, S/O SRI. K.N.VASUDEVA CHAR, AGED ABOUT 67 YEARS, NO.64, 5TH CROSS, DURGA PARAMESHWARI LAYOUT, VIDYARANYAPURA, BANGALORE- 560097. MEMBERSHIP NO. 4057 41. MARIAMMA DAVID, D/O DAVID THAMPY, AGED ABOUT 66 YEARS, NO.733, 2ND MAIN ROAD, MATHIKERE, BANGALORE- 560054. MEMBERSHIP NO. 5082. 42. KALAKANTHI P, D/O SRI.A.R.PARASMANI, AGED ABOUT 62 YEARS, - 9 - NC: 2025:KHC:5537 WP No. 2860 of 2025 D.NO.L-103, 12TH CROSS, II MAIN, L.N.PURAM, SRIRAMAPURAM POST, BANGALORE- 560021. MEMBERSHIP NO. 4062. 43. JAYAKUMAR.K.V, S/O SRI.B.K.VEERASWAMY, AGED ABOUT 65 YEARS, NO.946, 8TH 'C' MAIN ROAD, 3RD STAGE, 3RD BLOCK, BASAVESWARANAGAR, BANGALORE- 560079. MEMBERSHIP NO. 3534. 44. JAYAKUMAR.P, S/O V. PACTUAM, AGED ABOUT 65 YEARS, NO.19/12, 8TH CROSS, BEHIND PRASANNA THEATRE, MANJUNATHANAGAR, MAGADI, BANGALORE-560023, MEMBERSHIP NO. 9294. 45. SHARATHCHANDRA PRASAD.A, S/O M.V.ANANDA RAO, AGED ABOUT 66 YEARS, NO.128-A, 4TH MAIN, 4TH BLOCK, 58TH CROSS, RAJAJINAGAR, BANGALORE-560010, MEMBERSHIP NO.4517. 46. CHAYA.D.S, D/O S.S. SADANAND, AGED ABOUT 60 YEARS, NO.23, NEW BANKCOLONY NEAR HEALTH CENTRE, KONANKUNTE, BANGALORE-560061. MEMBERSHIP NO.10733. 47. ABHISHEKAM, S/O LATE NARSIMULU, AGED ABOUT 66 YEARS, W-635, SECTOR III, HMT COLONY, BANGALORE-560031, - 10 - NC: 2025:KHC:5537 WP No. 2860 of 2025 MEMBERSHIP NO.12123. 48. NAGARAJU S, S/O S. SUBBA BHATTA, AGED ABOUT 63 YEARS, NO.440/25, 17TH MAIN ROAD, B.S.K. 1ST STAGE, BANGALORE-560050, MEMBERSHIP NO.11125. 49. LAKSHMINARASIMAHA R.N S/O B.NARASAIAH, AGED ABOUT 62 YEARS, NO.895, 3RD BLOCK, RAJAJINAGAR, BANGALORE-560010, MEMBERSHIP NO.10931 50. I. SHARAVANA, S/O IRUDIUM, AGED ABOUT 62 YEARS, NO.451, NEAR PEER BOUNDARY, COTTONPET MAIN ROAD, BAKSHI GARDEN, BANGALORE-560053, MEMBERSHIP NO.12320. …PETITIONERS (BY SRI. M.R. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C A BLOCK, K.H. ROAD, BANGALORE--560 027 - 11 - NC: 2025:KHC:5537 WP No. 2860 of 2025 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, (INDUSTRIES AND DAIRY), AND CHIEF ELECTION COMMISSIONER, I.C.D.P, NO.1, ALI ASKAR ROAD, BANGALORE- 560 001. 4. THE ASSISTANT REGISTRAR AND THE RETURNING OFFICER OF H.M.T. EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., BANGALORE-560 013. 5. H.M.T. EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., JALAHALLI POST, BANGALORE-560 013 REPRESENTED BY ITS SECRETARY IT IS REGISTERED UNDER CO-OPERATIVE SOCIEITES ACT, 1961 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. SANDESH T.B., ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT 2ND TO 4TH RESPONDENT TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE LIST OF VOTERS AND TO PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 5TH RESPONDENT SOCIETY WHICH IS SCHEDULED ON 02.02.2025 AS PER THE CALENDAR OF EVENTS WITHOUT REFERRING TO CLAUSE (a-iv) AND (a-v) OF SUB-SECTION 2 OF SECTION 20 OF THE ACT SUBJECT TO RESULT OF THIS WRIT PETITION. THIS 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:5537 WP No. 2860 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- "i. Issue a writ, direction or an order in the nature of mandamus directing 2nd to 4th respondent to include the name of the petitioners in the eligible list of voters and to permit the petitioners to cast their votes in the election to the 5th respondent society which is scheduled on 02/02/2025 as per the calendar of events without referring to clause (a-iv) and (a-v) of sub-section 2 of section 20 of the act subject to result of this writ petition; ii. For cost and such other relief as this Hon’ble Court deems fit in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 01.02.2025 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 Vijaya Kumar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned *Corrected V/C/O dt. 21-03-2025 - 13 - NC: 2025:KHC:5537 WP No. 2860 of 2025 counsel for respondent No.2 and Sri Sandesh T.B., 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 respondent No.5 circulated a notice dated 20.09.2024 in general to all the members to file their objections, if any, for alleged violations for not attending two annual general meetings in five years, which notice was not received by the petitioners and as such, the petitioners did not file their objections. It is submitted that the non-attending of general body meeting, which was held virtually, and the said links for the virtual meetings were not connected and hence, the inclusion of the petitioners in the ineligible list is erroneous without considering the above-mentioned fact. It is submitted that more than 5,500 members are held ineligible either to *Corrected V/C/O dt. 21-03-2025 - 14 - NC: 2025:KHC:5537 WP No. 2860 of 2025 contest or to vote as per the final voters list and only 1,056 members have been held to be eligible. It is submitted that owing to the Covid-19 pandemic situation and the society having conducted annual general meeting through video conference, and the petitioners having attended through video conference, they have been left out in the name of the final voters list, as the two meetings which were held by the society on 19.12.2020 and 18.11.2021 were during covid-19 pandemic situation. 6. Learned counsel Sri Sandesh T.B. fairly submits that owing to Covid 19 pandemic two meetings were held through video conference. The situation being a covid-19 pandemic, this Court deems it appropriate to permit the votes to be counted and election results to be announced, keeping open all the contentions adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 and hence, the following: - 15 - NC: 2025:KHC:5537 WP No. 2860 of 2025 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 *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. *Corrected V/C/O dt. 21-03-2025 - 16 - NC: 2025:KHC:5537 WP No. 2860 of 2025 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. 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.: 11