- 1 - NC: 2025:KHC:6684 WP No. 3692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3692 OF 2025 (CS-EL/M) BETWEEN: 1. VENKATARAMANAPPA S/O ASHWATHAPPA AGED ABOUT 57 YEARS R/AT BANDARLA HALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 2. RANGAPPA S/O RANGAPPA AGED ABOUT 55 YEARS R/AT BANDARLA HALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561209 3. NARAYANASWAMY S/O DODDA PAPANNA AGED ABOUT 53 YEARS R/AT BEECHAGANAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST - 561209 4. SRINIVAS, S/O ADINARAYANAPPA AGED ABOUT 49 YEARS R/AT CHIKKAKURUBARAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST - 561209 5. P.R.RAMAKRISHNA REDDY S/O RANGAPPA, AGED ABOUT 49 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6684 WP No. 3692 of 2025 R/AT PAVAJENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 6. MARIYAMMA W/O BEEMAPPA AGED ABOUT 55 YEARS RAMAGANAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 7. NARAYANASWAMY S/O NEERAGAYYA NARASIMHAIAH AGED ABOUT 51 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 8. ASHWATHAPPA S/O MUNISWAMY AGED ABOUT 55 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 9. KRISHNAMMA W/O MAHADEVAPPA YN R/AT 59 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 10. THIRUMALAPPA S/O VENKATAPPA AGED ABOUT 59 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK - 3 - NC: 2025:KHC:6684 WP No. 3692 of 2025 CHIKKABALLAPURA DIST - 561209 11. DODDAVABANNA, S/O HANUMANTHA REDDY AGED ABOUT 53 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST - 561209 12. DODDA KURIAPPA S/O NARAYANAPPA AGED ABOUT 55 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST - 561209 13. NANJAPPA S/O DODDAYALLAPPA AGED ABOUT 57 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST - 561209 14. MARAPPA S/O OBALAPPA AGED ABOUT 59 YEARS R/AT YERALAKKENAHALLI SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 15. MANJUNATHA N., S/O NANJAPPA, AGED ABOUT 45 YEARS, R/AT YERALAKKENAHALLI, SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 16. SRINIVAS B.N., S/O NARAYANAPPA, - 4 - NC: 2025:KHC:6684 WP No. 3692 of 2025 AGED ABOUT 49 YEARS R/AT BALENAHALLI, SOMENAHALLI HOBLI GUDIBANDE TALUK, QCHIKKABALLAPURA DIST – 561 209 17. SRINIVAS B.N., S/O NAGARAJAPPA, AGED ABOUT 47 YEARS, R/AT BALENAHALLI, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 18. VENKATESHAPPA, S/O PILLAPPA, AGED ABOUT 55 YEARS, R/AT JP NAGARA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 19. ASHWATHAPPA, S/O NAGAPPA, AGED ABOUT 54 YEARS, R/AT JP NAGARA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 20. PILLAPPA, S/O CHENNAPPA, AGED ABOUT 59 YEARS, R/AT JP NAGARA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 21. NAZEER BAIG A., S/O ABBAS BAIG, AGED BOUT 55 YEARS, R/AT JP NAGARA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 22. SHARAFUNNISA, - 5 - NC: 2025:KHC:6684 WP No. 3692 of 2025 W/O NAZEER BAIG, AGED ABOUT 50 YEARS R/AT JP NAGARA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 23. REDDIYAPPA R.V., S/O CHIKKAVENKATAPPA, AGED ABOUT 56 YEARS, R/AT JAYANTHI GRAMA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 24. GANGULAPPA, S/O RAMAIAH P., AGED ABOUT 55 YEARS, R/AT JAYANTHI GRAMA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 25. NARAYANASWAMY, S/O VENKATAPPA, AGED ABOUT 51 YEARS, R/AT JAYANTHI GRAMA, SOMENAHALLI HOBLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 …PETITIONERS (BY SRI. ARUN KUMAR Y H., ADV.) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE - ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. - 6 - NC: 2025:KHC:6684 WP No. 3692 of 2025 3. PRIMARY CO OPERATIVE AGRICULTURAL - & RURAL DEVELOPMENT BANK LTD., GUDIBANDE TALUK, REP. BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. GUDIBANDE - 561 209 4. THE RETURNING OFFICER, PRIMARY CO OPERATIVE AGRICULTURAL - & RURAL DEVELOPMENT BANK LTD., GUDIBANDE TALUK, CHIKKABALLAPURA - 561 209 …RESPONDENTS (BY SRI.YOGESH D. NAIK, AGA FOR R1 & R4; SRI. T. L. KIRAN KUMAR, ADV. FOR R2; SRI. RAKSHITH KUMAR, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C, CONSEQUENTLY, PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO R3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09/02/2025 IN SO FAR AS THESE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- 1. Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible - 7 - NC: 2025:KHC:6684 WP No. 3692 of 2025 voter list at Annexure-C, consequently, permit the Petitioners to cast their votes in the upcoming elections to Respondent No.3. Society which is scheduled to be held on 09/02/2025 in so far as these petitioners are concerned. 2. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 2. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 09.02.2025 subject to final outcome of this petition. 3. Heard Sri Arun Kumar Y H, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Rakshith Kumar, learned counsel for respondent No.3. 4. Counsel for the petitioners submits that the election has been held as scheduled on 09.02.2025 and the petitioners have cast their votes. - 8 - NC: 2025:KHC:6684 WP No. 3692 of 2025 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.3-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State - 9 - NC: 2025:KHC:6684 WP No. 3692 of 2025 of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, 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. 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 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:6684 WP No. 3692 of 2025 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. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. - 11 - NC: 2025:KHC:6684 WP No. 3692 of 2025 vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA YKL List No.: 2 Sl No.: 45