- 1 - NC: 2025:KHC:9471 WP No. 2866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2866 OF 2025 (CS-EL/M) BETWEEN: 1. GOWDARA RAJAPPA S/O.RUDRAPPA, AGED ABOUT 68 YEARS SHARE NO. 1171 2. JAYAPPA B.K, S/O HALAPPA B K AGED ABOUT 67 YEARS SHARE NO.1455 3. RUDRAPPA H N, S/O. NAGAPPA, AGED ABOUT 56 YEARS SHARE NO.1608 4. RAJAPPA H N, S/O. NAGAPPA, AGED ABOUT 58 YEARS SHARE NO.1609 5. BASAVARAJAPPA M N S/O. NANJAPPA, AGED ABOUT 68 YEARS SHARE NO. 1805 6. BASAVARAJAPPA K R, S/O. REVANASIDDAPPA, AGED ABOUT 56 YEARS SHARE NO.3812 7. RUDRESHAPPA G S, S/O. SIDDAPPA, AGED ABOUT 48 YEARS SHARE NO.4232 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9471 WP No. 2866 of 2025 8. RAVIKUMAR M N, S/O. NANJAPPA, AGED ABOUT 67 YEARS SHARE NO.4616 9. LOKESHAPPA G S, S/O. SIDRAMAPPA, AGED ABOUT 56 YEARS SHARE NO.4739 10. UMADEVI W/O. SHIVALINGAPPA, AGED ABOUT 67 YEARS SHARE NO. 5032 11. KAMALAMMA, W/O HALESHAPPA, AGED ABOUT 56 YEARS, SHARE NO. 5153 12. GIRISH C N S/O NAGENDRAPPA, AGED ABOUT 42 YEARS SHARE NO. 5366 13. HALAPPA S S/O SITARAMAPPA, AGED ABOUT 58 YEARS SHARE NO. 5932 14. PARAMESHWARAPPA G S, S/O SHIVAPPA, AGED ABOUT 56 YEARS SHARE NO.6013 15. RAJAPPA H B, S/O BASAPPA, AGED ABOUT 67 YEARS SHARE NO.6046 16. OMKARAPPA H B S/O. BASAPPA H B, AGED ABOUT 68 YEARS - 3 - NC: 2025:KHC:9471 WP No. 2866 of 2025 SHARE NO.6056 17. REVANAPPA, S/O SHIVABASAPPA, AGED ABOUT 56 YEARS SHARE NO.6169 18. MALLESHAPPA, S/O NAGAPPA, AGED ABOUT 68 YEARS SHARE NO.6336 19. SHIVAMURTHY B V, S/O VEERAPPA, AGED ABOUT 56 YEARS SHARE NO. 6816 . 20. CHANDRAPPA G S, S/O GOWDARA SHIVAPPA, AGED ABOUT 67 YEAR'S SHARE NO. 6978 21. ASHOK M S/O SHADAKSHARAPPA, AGED ABOUT 56 YEARS SHARE NO 7058 22. MAHARUDRAIAH M S/O. SHIVABASAIAH, AGED ABOUT 45 YEAR'S SHARE NO.7565 23. HANUMANTAPPA T, S/O GOVINDAPPA, AGED ABOUT 56 YEARS SHARE NO. 7952 24. SHIVALINGAPPA H.P, S/O PANCHAPPA H, AGED ABOUT 67 YEARS SHARE NO.8047 25. KALLESHAPPA C S, S/O. SHIVALINGAPPA C, - 4 - NC: 2025:KHC:9471 WP No. 2866 of 2025 AGED ABOUT 34 YEARS, SHARE NO.8105 . 26. RAJAPPA C S, S/O SHIVALINGAPPA, AGED ABOUT 56 YEARS SHARE NO.8106 . 27. BASAVARAJAPPA C S, S/O.SHIVALINGAPPA, AGED ABOUT 56 YEARS SHARE NO.8107 28. BASAVARAJAAIH M M. S/O. MAHARUDRAINH AGED ABOUT 58 YEARS SHARE NO.8156 29. MURTHY T.P. S/O.PUTTAPPA, AGED ABOUT 67 YEARS SHARE NO.8180 30. SRIDHAR PN, S/O. NAGAPPA, AGED ABOUT 68 YEARS SHARE NO.8302 31. SUMITRAMMA, W/O. HANUMANTAPPA T. AGED ABOUT 67 YEARS SHARE NO.8330 PETITIONERS NO.1 TO 31 ARE THE MEMBERS OF THE CHANNAGIRI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK, REGD., CHANNAGIRI, DAVANAGERE DISTRICT. …PETITIONERS (BY SRI. PATIL SUMANTH KUMAR S.,ADVOCATE) - 5 - NC: 2025:KHC:9471 WP No. 2866 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, DR BR AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC, ‘A’ BLOCK, K.H. ROAD, SHANTHINAGARA, BENGALURU -027 RPTD BY ITS COMMISSIONER 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE DISTRICT, MYSORE- 570 001. 4. CHANNAGIRI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK, NIYAMITHA, CHANNAGIRI, DAVANAGERE DISTRICT -577213 REPRESENTED BY ITS CEO/SECRETARY REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 5. RETURNING OFFICER, CHANNAGIRI TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NIYAMITHA, CHANNAGIRI, DAVANAGERE DISTRICT-577213 …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3, R5 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2, R5-SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.4 WHICH IS SCHEDULED TO BE HELD ON 2/2/2025 AS PER ANNEXURE-A. - 6 - NC: 2025:KHC:9471 WP No. 2866 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- " Wherefore, the petitioner most humbly prays that this Hon’ble court may be pleased to issue i. Issue a writ of mandamus directing the respondent no.2 to 5 to include the name of the petitioners in the eligible voters list and permit the petitioners to vote in the elections to the respondent no.4 which is scheduled to be held on 2.2.2025 as per Annexure-A 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 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. - 7 - NC: 2025:KHC:9471 WP No. 2866 of 2025 3. Heard Sri Patil Sumanth Kumar .S, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, and 5 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.5 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes. 6. 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. - 8 - NC: 2025:KHC:9471 WP No. 2866 of 2025 7. No material is forthcoming to indicate the compliance of aforementioned rules. 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 02.02.2025. 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:9471 WP No. 2866 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. - 10 - NC: 2025:KHC:9471 WP No. 2866 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.: 15