- 1 - NC: 2025:KHC:10687 WP No. 2769 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.2769 OF 2025 (CS-EL/M) BETWEEN: 1. SRI T N HANUMANTARAJU S/O. NARAYANAPPA AGED ABOUT 53 YEARS MEMBER ID-5420 2. SRI. HONNASHAMYAIAH N S/O. NANJAPPA AGED ABOUT 64 YEARS MEMBER ID-1885 3. SRI. CHETAN KUMAR K S/O. LATE KENCHAPPA AGED ABOUT 42 YEARS MEMBER ID-3513 4. SRI. JAVARAYYA B S/O. BAIRANNA AGED ABOUT 70 YEARS MEMBER ID-5549 5. SMT. MUDDAMMA D/O. DODDAMALLAYYA AGED ABOUT 65 YEARS MEMBER ID-5550 6. SRI. TIRUMALEGOWDA R. V. S/O. VEERAPPA AGED ABOUT 55 YEARS MEMBER ID - 6071 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10687 WP No. 2769 of 2025 7. SRI. N. SIDDABAIREGOWDA S/O. NARAYANASWAMI AGED ABOUT 70 YEARS MEMBER ID - 5616 8. SRI. CHANDRASHEKHAR S/O. NARAYANASWAMI. N AGED ABOUT 60 YEARS MEMBER ID-4767 9. SRI. T. H. GANGASWAMI S/O. LATE HANUMAYYA AGED ABOUT 55 YEARS MEMBER ID-5919 10. SRI. INDUSHEKHAR K. S. S/O. SATYAMURTHY K. L. AGED ABOUT 56 YEARS MEMBER ID-1629 11. SMT. KEMPAMMA D/O. SIDDAPPA. B. AGED ABOUT 60 YEARS MEMBER ID-4029 12. SRI. SRINIVAS S/O. THIMMAYYA AGED ABOUT 58 YEARS MEMBER ID-5241 13. SRI. V. RAMMAYYA S/O. VENKATAPPA AGED ABOUT 58 YEARS MEMBER ID - 4490 14. SRI. CHANDRAPPA S/O. VENKATAYYA AGED ABOUT 64 YEARS MEMBER ID - 5151 15. SRI. SIDDAPPA S/O. VENKATAYYA - 3 - NC: 2025:KHC:10687 WP No. 2769 of 2025 AGED ABOUT 70 YEARS MEMBER ID-3084 ALL THE PETITIONERS ARE MEMBER OF THE NELAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK (LTD) NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562 123. …PETITIONERS (BY SRI. AMAR CORREA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001. REP BY PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, SHANTHI NAGAR BANGALORE-560 027. REP BY SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT ELECTION OFFICER DEVANAHALLI TALUK BENGALURU RURAL DISTRICT BENGALURU-562 110. 4. RETURNING OFFICER APPOINTED FOR NELAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK (LTD) NELAMANGALA TALUK BENGALURU RURAL DISTRICT BENGALURU-562 123. - 4 - NC: 2025:KHC:10687 WP No. 2769 of 2025 5. NELAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK (LTD) NELAMANGALA TALUK BENGALURU RURAL DISTRICT BENGALURU-562 123. REP. BY CHIEF EXECUTIVE OFFICER R4 AND R5 ARE REG. UNDER CO-OPERATIVE SOCIETY ACT …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. GANAPATHY .C.V, ADVOCATE FOR R5) 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 CAST THEIR VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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 vote in the elections of the Society, subject to the result of the writ petition - 5 - NC: 2025:KHC:10687 WP No. 2769 of 2025 and that the votes cast by the petitioners shall be kept in separate ballot boxes. 2. A Coordinate 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:10687 WP No. 2769 of 2025 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. 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 separate box shall continue to be retained in a separate box until the - 7 - NC: 2025:KHC:10687 WP No. 2769 of 2025 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 85