- 1 - NC: 2025:KHC:13507 WP No. 3391 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. 3391 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. SRINIVASAPPA S/O MUNISWAMY, AGED ABOUT 74 YEARS, LF NO. 120/52, R/O KACHAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561205. 2. SRI.DYAVANNA.H.N.. S/O NANJAPPA, AGED ABOUT 64 YEARS, LF NO.48/48, R/O HADONAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561205. 3. SRI.KEMPAIAH, S/O MARIYAPPA, AGED ABOUT 62 YEARS, LF NO. 124/39, R/O HADONAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561205. …PETITIONERS (BY SRI. K.L. SREENIVAS.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560010. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13507 WP No. 3391 of 2025 2. THE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU-560027, REP. BY ITS COMMISSIONER. 3. THE ELECTION OFFICER AND THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, BENGALURU-560001. 4. THE RETURNING OFFICER, DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA-561203, BENGALURU RURAL DISTRICT. 5. DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, REGISTERED CO-OPERATIVE BANK, DODDABALLAPURA-561203, BENGALURU RURAL DISTRICT, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3, R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. H.V. SUBRAMANYA., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION, IN THE NATURE OF A WRIT OF CERTIORARI, QUASHING THE INELIGIBLE VOTERS LIST OF THUBAGERE CONSTITUENCY DATED NIL, VIDE ANNEXURE-C, OF THE RESPONDENT NO.5-DODDABALLAPURA TALUK PRIMARY CO- OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA, BENGALURU RURAL DISTRICT, AS FAR AS IT RELATES TO THE PETITIONERS AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:13507 WP No. 3391 of 2025 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 regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13507 WP No. 3391 of 2025 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:13507 WP No. 3391 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.: 88