- 1 - NC: 2025:KHC:11747 WP No. 3644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3644 OF 2025 (CS-EL/M) BETWEEN: 1. UGRAIAH, S/O DODDANARASIMHAIAH, AGED ABOUT 62 YEARS, R/O DODDABALAPURA TALUK, KASAGATTA, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. 2. PRASANNA KUMAR, S/O MUNIYAPPA, AGED ABOUT 29 YEARS, R/O 68, MADHURE DODDABALAPURA TALUK, BENGALURU RURAL DISTRICT. PETITIONERS (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE – 560027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES / DISTRICT ELECTION OFFICER, DC OFFICE PREMISES, BEERASANDRA VILLAGE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11747 WP No. 3644 of 2025 DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 4. RETURNING OFFICER, TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561203 5. TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., DODDABALLAPURA, BENGALURU RURAL DISTRICT – 561203, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NOS.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1, R3 AND R4; SRI. TL KIRAN KUMAR., FOR R2; V/O DTD 21.02.2025 SERVICE OF NOTICE TO R5 IS H/S; R5 – TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., REP BY ITS CHIEF EXECUTIVE OFFICER ARUN KUMAR YH., FOR IMPLEADING APPLICANT ON IA.1/2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CONTEST AND CAST THEIR VOTES IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 16/02/2025 AS PER THE CALENDAR OF EVENTS PRODUCED AT AT ANNEXURE-A AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:11747 WP No. 3644 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:11747 WP No. 3644 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 Petitions are disposed of. ii) The Returning Officer in each of the above matters 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 each of the above matters. 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 - 5 - NC: 2025:KHC:11747 WP No. 3644 of 2025 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 PNV List No.: 1 Sl No.: 31