- 1 - NC: 2025:KHC:14037 WP No. 3021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3021 OF 2025 (CS-EL/M) BETWEEN: 1. SHIVASHANKAR SWAMY S/O MUNIYAPPA AGED ABOUT 68 YEARS MEMBERSHIP NO. 4/14 2. K G BASAVARAJ @ S G BASAVARAJAPPA S/O GANGADHARAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 3/54 BOTH ARE THE MEMBERS OF HALASURU WATER USERS CO OPERATIVE SOCIETY LTD., HALASURU TARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE 577 144 …PETITIONERS (BY SRI. PRAKASHA H C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION VIDHANA SOUDHA BENGALURU 560001 REP BY ITS SECRETARY 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR SHANTHI NAGARA TTMC A BLOCK SHANTHI NAGAR BENGALURU 560027 REP BY ITS SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14037 WP No. 3021 of 2025 3. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES MYSORE DIVISION, MYSORE PUBLIC OFFICES BUILDING OPP CORPORATION OFFICE NEW SAYYAJI RAO ROAD MYSURU 570024 4. THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES CHIKKAMAGALURU DISTRICT NEAR ZP OFFICE K M ROAD CHIKKAMAGALURU 577 101 5. THE ELECTION OFFICER AND ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES TARIKERE DIVISION TARIKERE 577 228 CHIKKAMAGALURU DISTRICT 6. RETURNING OFFICER HALASURU WATER USERS CO OPERATIVE SOCIETY LTD., HALASURU TARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE 577 114 7. HALASURU WATERS USERS CO OPERATIVE SOCIETY LTD., HALASURU TARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE 577 114 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R7-SERVED THROUGH HAND SUMMONS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 6 TO CONDUCT THE ELECTIONS TO THE R-7 BY INCLUDING THE NAMES OF THE PETITIONERS IN THE AS ELIGIBLE VOTERS BY ALLOWING THEM TO VOTE IN THE ELECTION TO BE HELD ON 02.02.2025 AND ETC. - 3 - NC: 2025:KHC:14037 WP No. 3021 of 2025 THIS WRIT 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 vote 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:14037 WP No. 3021 of 2025 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 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 - 5 - NC: 2025:KHC:14037 WP No. 3021 of 2025 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 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 81