- 1 - NC: 2025:KHC:13540 WP No. 3369 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. 3369 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. CHANNEGOWDA S/O CHANNIGAPPA, AGED ABOUT 63 YEARS, LF NO.139/40, R/O SHRAVANURU VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203 2. SRI RAMAMURTHY., S/O HANUMANTHARAYAPPA, AGED ABOUT 59 YEARS, LF NO.217/49, R/O HUSKUR VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 3. SMT VARALAKSHMAMMA W/O KRISHNAPPA, AGED ABOUT 64 YEARS, LF NO.211/45, R/O MANDIBYADARAHALLY VILLAGE, DODDABALLAPURA TALUK, BENGALURU TURAL DISTRICT-561203. 4. SRI.CHANNEGOWDA.B.R., S/O RAMAIAH, AGED ABOUT 70 YEARS, LF NO.210/45, R/O MANDIBYADARAHALLY VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 5. SRI.NANJEGOWDA.H., S/O HANUMANNA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13540 WP No. 3369 of 2025 AGED ABOUT 80 YEARS, LF NO. 128/40, R/O KUGONAHALLY VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. …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. 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 RURAL DEVELOPMENT BANK LIMITED, AND 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, 3 AND 4; SRI.T.L.KIRAN KUMAR., ADV. FOR R2; SRI.H.V.SUBRAMANYA., ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INELIGIBLE VOTERS LIST OF KODIGEHALLY CONSTITUENCY DATED - 3 - NC: 2025:KHC:13540 WP No. 3369 of 2025 NIL VIDE ANNX-C OF THE R-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 PETITION, COMING ON FOR ORDERS, 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13540 WP No. 3369 of 2025 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 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:13540 WP No. 3369 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 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.: 84