- 1 - NC: 2025:KHC:6846 WP No. 2741 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. 2741 OF 2025 (CS-EL/M) BETWEEN: 1. GURUSWAMY M S/O MALLESWAMAPPA AGED ABOUT 61 YEARS SHARE NO. 1134 2. DEVAMMA W/O RAMAIAH AGED ABOUT 58 YEARS SHARE NO.2845 3. PAPEGOWDA H S/O HANUMEGOWDA AGED ABOUT 56 YEARS SHARE NO. 1204 4. SIDDAMMA W/O MADEGOWDA AGED ABOUT 55 YEARS SHARE NO. 1692 5. SIDDARAMEGOWDA S/O MADEGOWDA AGED ABOUT 60 YEARS SHARE NO. 1836 6. SWAMY GOWDA G S/O DODDAGIRIGOWDA AGED ABOUT 56 YEARS SHARE NO. 1942 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6846 WP No. 2741 of 2025 7. VENKATESH GOWDA S/O SANNAHYDEGOWDA AGED ABOUT 58 YEARS SHARE NO.1964 8. RAMEGOWDA S/O CHALUVEGOWDA AGED ABOUT 63 YEARS SHARE NO.1965 9. CHIKKANNEGOWDA S/O GENDE GOWDA AGED ABOUT 59 YEARS SHARE NO.2632 10. SWAMY G.H S/O HANUMAIAH AGED ABOUT 48 YEARS SHARE NO. 2891 11. GOVINDEGOWDA S/O PAPEGOWDA AGED ABOUT 56 YEARS SHARE NO.380 12. KARI GOWDA S/O PAPE GOWDA AGED ABOUT 62 YEARS SHARE NO.617 13. RAMEGOWDA S/O NINGE GOWDA AGED ABOUT 65 YEARS SHARE NO.1151 14. NINGAMMA W/O CHANNAPPA AGED ABOUT 61 YEARS SHARE NO.1750 15. JAVAREGOWDA S/O BOKKEGOWDA - 3 - NC: 2025:KHC:6846 WP No. 2741 of 2025 AGED ABOUT 59 YEARS SHARE NO.3517 16. SHIVANNA S/O MARI KALAIAH AGED ABOUT 58 YEARS SHARE NO. 1241 17. KEMPAMMA W/O SHIVANNA AGED ABOUT 63 YEARS SHARE NO.2287 18. KUMAR S/O CHALUVEGOWDA AGED ABOUT 48 YEARS SHARE NO. 2411 19. BETTA SHETTY S/O CHAMA SHETTY AGED ABOUT 57 YEARS SHARE NO.2902 20. JAYAMMA W/O SOMANNA AGED ABOUT 62 YEARS SHARE NO.1327 21. MAHADEVAMMA C.S. W/O MAYANNA S. AGED ABOUT 57 YEARS SHARE NO. 1369 22. GURUMALLAPPA S/O PUTTAPPA AGED ABOUT 70 YEARS SHARE NO.3312 23. GOWRAMMA W/O RAJU AGED ABOUT 65 YEARS SHARE NO.3340 - 4 - NC: 2025:KHC:6846 WP No. 2741 of 2025 24. SHUBHAMANI C.S. W/O SURESH KUMAR K.P AGED ABOUT 48 YEARS SHARE NO.4060 25. NANJUNDAPPA S/O ERAPPA AGED ABOUT 58 YEARS SHARE NO.4089 26. SHIVARAJU S/O LATE KARIYAPPA AGED ABOUT 50 YEARS SHARE NO. 4599 27. MAHADEVASWAMY C.P S/O PUTTAMADA SHETTY AGED ABOUT 46 YEARS SHARE NO.4668 28. HANUMANTHA NAYAKA S/O KEMPA NAYAKA AGED ABOUT 59 YEARS SHARE NO.4798 29. BASAVAIAH K.S S/O KARIYAYYA AGED ABOUT 57 YEARS SHARE NO.2170 30. BETTA SHETTY S/O CHAMA SHETTY AGED ABOUT 61 YEARS SHARE NO.2902 31. GOWRAMMA @ KAMALAMMA W/O RAMAPPA AGED ABOUT 66 YEARS SHARE NO.2940 - 5 - NC: 2025:KHC:6846 WP No. 2741 of 2025 32. DEVANNA S/O RAMAPPA AGED ABOUT 69 YEARS SHARE NO. 1235 ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPEARATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED (GOPALAPURA CONSTITUENCY) MYSURU, MYSURU TALUK MYSURU DISTRICT – 570 001 …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. BR 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 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570001 5. THE MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, - 6 - NC: 2025:KHC:6846 WP No. 2741 of 2025 MYSURU DISTRICT-570001, REP BY ITS CHIEF EXECUTIVE OFFICER (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 – 570 001 …RESPONDENTS (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4, R6 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. S.B. TOTAD, ADVOCATE UNDERTAKE TO FILE VAKALATH FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R- 5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025. GRANT AN INTERIM ORDER TO DIRECT THE R-2, 3, 4, 5 AND 6 TO PREPARE AND CONDUCT THE ELECTION TO THE R-5 BANK BY PERMITTING THE PETITIONER TO VOTE IN THE ELECTIONS 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 - 7 - NC: 2025:KHC:6846 WP No. 2741 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- “i. Issue a writ of mandamus directing the respondent No.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 cast their votes in the ensuing election scheduled on 02.02.2025 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. - 8 - NC: 2025:KHC:6846 WP No. 2741 of 2025 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 cast votes of the petitioners to be included while counting and the results to be announced. - 9 - NC: 2025:KHC:6846 WP No. 2741 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 02.02.2025. 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:6846 WP No. 2741 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. - 11 - NC: 2025:KHC:6846 WP No. 2741 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.: 35