- 1 - NC: 2025:KHC:11636 WP No. 2746 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2746 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. MUTHURAJA D.A, S/O ELEMALLAPPA, AGED ABOUT 30 YEARS, R/AT DHRONAKUNTE VILLAGE, HOSSUR POST AND HOBLI GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 210. SHARE NO. 7003. 2. SRI. GANGARAJA D.A, S/O ELEMALLAPPA, AGED ABOUT 28 YEARS, R/AT DHRONAKUNTE VILLAGE, HOSSUR POST AND HOBLI GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 210. SHARE NO. 7020 …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11636 WP No. 2746 of 2025 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., GAURIBIDANURU TALUK, CHIKKABALLAPUR DISTRICT - 561 208, REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 208. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 AND 4 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-G AND PERMIT THE PETITIONERS TO CAST ITS VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 BANK WHICH IS SCHEDULED TO BE HELD ON 01.02.2025 AND ETC., - 3 - NC: 2025:KHC:11636 WP No. 2746 of 2025 THIS 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 petitioners, who were declared to be ineligible voters to cast their votes in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in a separate ballot box. 2. A Co-ordinate 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:11636 WP No. 2746 of 2025 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 votes cast by the petitioners. 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. 4. In that view of the matter, I pass the following: ORDER i) The Writ Petition is disposed of. ii) The Returning Officer in the above matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter. - 5 - NC: 2025:KHC:11636 WP No. 2746 of 2025 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 votes cast by the respective petitioners which had been directed to be kept in a 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 NG List No.: 1 Sl No.: 59 CT: BHK