- 1 - NC: 2025:KHC:8061 WP No. 2803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2803 OF 2025 (CS-EL/M) BETWEEN: 1. MR. SWAMY, SL. NO.258 S/O MR.DEVEGOWDA, AGED ABOUT 75 YEARS, 2. MR.RAJESH, SL. NO.259 S/O MR. CHIKKEGOWDA, AGED ABOUT 51 YEARS, 3. MR.MAHESH, SL. NO.260 S/O MR. RAMEGOWDA, AGED ABOUT 53 YEARS, 4. MR.JAVARAIAH, SL. NO.261 S/O LATE CHELUVAIAH, AGED ABOUT 60 YEARS, 5. MRS.KALAVATHI, SL. NO.262 W/O MR.RAJA AGED ABOUT 58 YEARS, 6. SMT. SHIVAMMA, SL. NO.263 W/O MR.MUDDEGOWDA, AGED ABOUT 77 YEARS, 7. MR.VIDYASAGARA, SL. NO.264 S/O MR.HALEGOWDA, AGED ABOUT 57 YEARS, 8. MR.NARAYANA, SL. NO.265 S/O MR.DEPEGOWDA, AGED ABOUT 62 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8061 WP No. 2803 of 2025 9. MR.RAGHAVENDRA D.T. SL. NO.266 S/O MR. THAMMAIAH SETTY AGED ABOUT 38 YEARS, 10. MRS.SUJATHA, SL. NO.267 W/O LATE SRIKANTHA AGED ABOUT 46 YEARS, 11. MR.RAMESHA K.S., SL. NO.268 S/O MR.KRISHNAPPA, AGED ABOUT 51 YEARS, 12. MR.SHIVAKUMAR D.M. SL. NO.269 S/O LATE MAHADEVEGOWDA, AGED ABOUT 61 YEARS, ALL R/AT DEVARASANAHALLI VILLAGE, NANJANGUDU TALUK, MYSORE DIST-571118. 13. MR.RAJU, SL. NO.271 S/O MR.MADASETTY, AGED ABOUT 39 YEARS, R/AT KEBBEPURA VILLAGE, NANJANGUDU TALUK, MYSORE DIST-571118. 14. MR.MAHADEVU, SL. NO.272 S/O MR.HUCHEGOWDA, AGED ABOUT 63 YEARS, 15. MR.MAHESHWA.K.K. SL. NO.273 S/O MR. KENCHASETTY, AGED ABOUT 57 YEARS, BOTH ARE R/AT HOSUR VILLAGE, NANJANGUDU TALUK, MYSORE DIST-571118. 16. MR.LOKESH B.G., SL. NO.281 S/O MR.KUMARASWAMY, - 3 - NC: 2025:KHC:8061 WP No. 2803 of 2025 AGED ABOUT 55 YEARS, R/AT BADAVANAVALU VILLAGE, NANJANGUDU TALUK, MYSORE DIST-571118. 17. MR.GURUSIDDAPPA.P. SL. NO.287 S/O LATE PUTTASWAMAPPA, AGED ABOUT 60 YEARS, R/AT VEEREDEVANAPURA VILLAGE, NANJANGUDU TALUK, MYSORE DIST-571118. 18. MR.DORESWAMY, SL. NO.290 S/O MR.LINGAPPA, AGED ABOUT 47 YEARS, 19. MR. HONNAPPA, SL. NO.292 S/O LATE GURULINGAPPA, AGED ABOUT 65 YEARS, 20. MR.SHIVAPPA, SL. NO.293 S/O LATE BASAPPA, AGED ABOUT 59 YEARS, SL. NOS.18 TO 20 ARE R/AT KURAHATTI VILLAGE, NANJANGUDU TALUK, MYSORE DIST-571118. … PETITIONERS (BY SRI KESHAVA MURTHY B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY, III FLOOR, TTMC 'A' BLOCK, SHANTHI NAGAR, - 4 - NC: 2025:KHC:8061 WP No. 2803 of 2025 BANGALORE 560 027. REP. BY ITS COMPETENT AUTHORITY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DISTRICT, PUBLIC OFFICES BUILDING NEW SAYYAJI RAO ROAD, MYSORE-570 024. 4. THE RETURNING OFFICER, M/S.SRIKANTESHWARA PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NANJANGUDU, NANJANGUDU TALUK, MYSORE DIST.-571301. 5. M/S.SRIKANTESHWARA PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NANJANGUDU, NANJANGUDU TALUK, MYSORE DIST.-571301. REP. BY ITS CHIEF EXECUTIVE OFFICER. … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-4; SR T.L. KRAN KUMAR, ADVOCATE FOR R-2; SR R. MANJUNATH, ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 RETURNING OFFICER, TO PERMIT THE PETITIONERS HEREIN TO VOTE IN THE ELECTION ON 02.02.2025 AS SCHEDULED TO THE R-5 BANK FOR THE TERM 2025-30 PRODUCED AT ANNEXURE-A. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:8061 WP No. 2803 of 2025 ORAL ORDER The petitioners are seeking for the following prayers: “i) issue a writ of Mandamus or any other appropriate Writ or direction, directing the Respondent No.4 Returning Officer, to permit the Petitioners herein to Vote in the Election on 02.02.2025 as Scheduled to the Respondent No.5 Bank for the term 2025-30, produced at ANNEXURE-A. ii) Pass such other orders as may be appropriate in the facts and circumstances of the case, in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 31.01.2025 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 Keshava Murthy .B, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned - 6 - NC: 2025:KHC:8061 WP No. 2803 of 2025 counsel for respondent No.2 and Sri R. Manjunath, learned counsel for respondent No.6. 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. Learned counsel for the petitioners submits that respondent No.6-society has not issued individual notice to the petitioners and ineligible voters list has been prepared without affording an opportunity to the petitioners. 6. Learned counsel for respondent No.6-society fairly submits that the petitioners were not issued with the individual notice as mandated under Rule 13-D (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). 7. Under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others - 7 - NC: 2025:KHC:8061 WP No. 2803 of 2025 Vs. State of Karnataka and others1 (H.S. Raju) permitted petitioners to vote in the election and on service of notice, and on admission made by the society that Rule 13-D (2-A) of the Rules, is not complied, permitted counting of votes cast by the petitioners and kept open all the contentions to be decided under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). The petitioners would urge that H.S. Raju’s decision squarely applies to the present facts. Without expressing any opinion on the eligible and ineligible voters list prepared and keeping open all the contentions to be urged in a dispute, if raised any, this Court pass 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 09.02.2025. 1 2022 (4) AKR 775 - 8 - NC: 2025:KHC:8061 WP No. 2803 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. - 9 - NC: 2025:KHC:8061 WP No. 2803 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.: 12