- 1 - NC: 2025:KHC:7059 WP No. 3653 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3653 OF 2025 (CS-EL/M) BETWEEN: 1. DODDATHAMMEGOWDA S/O. KEMPEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.0875 SHARE NO.75/5 2. THIMAIAH S S/O. CHIKKABETTEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2245 SHARE NO.9/12 3. SHIVASWAMY Y P S/O. PUTTASWAMY AGED ABOUT 56 YEARS MEMBERSHIP NO.2250 SHARE NO.15/12 4. PUTTASWAMY S/O. MAYEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.3256 SHARE NO.138/16 5. NAGARAJU S/O. SIDDAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO.4520 SHARE NO.103/3 6. RAVISHANKAR Y D Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7059 WP No. 3653 of 2025 S/O. DOLLAIAH AGED ABOUT 45 YEARS MEMBERSHIP NO.5135 SHARE NO.214/21 7. BASAVARAJU M S/O. MARIBASAPPA, AGED ABOUT 54 YEARS MEMBERSHIP NO.1134 SHARE NO.178/6 8. NANJUNADASHETTY S/O. RAJASHETTY AGED ABOUT 58 YEARS MEMBERSHIP NO.1192 SHARE NO.9/7 9. JAYAMMA W/O. NAGAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.2542 SHARE NO.89/13 10. MAHDEVAPPA S/O. GURUSIDDAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.3288 SHARE NO.172/16 11. BASAVARAJU S/O. PUTTSUBAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.3473 SHARE NO.117/17 12. SHIVASWAMY S/O. GURUMALLAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.4653 SHARE NO.239/19 - 3 - NC: 2025:KHC:7059 WP No. 3653 of 2025 13. RAJAMMA S/O. BOLAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO.4654 SHARE NO.240/19 14. GOWDARASHIVASWAMY S/O. SHIVANANJAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.0428 SHARE NO.54/3 15. SHIVAKUMAR S S/O. SHIVALINGAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.1743 SHARE NO.175/9 16. NIJAGUNA S/O. LATE SHIVALINGAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO.4659 SHARE NO.245/19 17. BASAPPA S/O. VEERATAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.6634 SHARE NO.173/27 18. BASAVANNA B S/O. BASAVANNA @ KARIYAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.20881 SHARE NO.71/11 19. RAMA SHETTY S/O. HOLESAL SHETTY AGED ABOUT 52 YEARS MEMBERSHIP NO.0783 SHARE NO.233/4 - 4 - NC: 2025:KHC:7059 WP No. 3653 of 2025 20. HOLESAL SHETTY S/O. VENKATA SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO.2875 SHARE NO.192/14 21. SIDDARAJU S/O. BHUJANGE GOWAD AGED ABOUT 55 YEARS MEMBERSHIP NO.7607 SHARE NO.59/31 22. MAHADEV S/O. SIDDALINGASHETTY AGED ABOUT 56 YEARS MEMBERSHIP NO.7771 SHARE NO.220/31 23. MARISWAMY M S/O. MARIDEAVARU AGED ABOUT 60 YEARS MEMBERSHIP NO.0502 SHARE NO.139/3 24. MAHADEVAMMA W/O. MAHADEVAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.638 SHARE NO.115/04 25. CHANDRASWAMY N.G S/O. GURUKARAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2352 SHARE NO.124/12 26. GURUMURTHY S/O. GURUKARAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.2392 - 5 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.166/12 27. DAYANAND SAGAR S/O. MARIJOGI GOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.2418 SHARE NO.196/12 28. NANJUNDE GOWDA S/O. TAMMADA HALLI NANJE GOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.465 SHARE NO.98/100 29. RAJU N S/O. NANJE GOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.1996 SHARE NO.212/10 30. MALLEGOWDA S/O. SUBBE GOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.847 SHARE NO.64/5 31. MAHADEVAMMA W/O. KADAMMANA NANJE GOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.1240 SHARE NO.67/7 32. HONNAIAH J S/O. JAVARE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.585 SHARE NO.246/3 33. RAJU D.M S/O. MARIJOGI GOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.8262 - 6 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.172/33 34. MAHADEVA C S/O. CHANNE GOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.537 SHARE NO.180/3 35. PRAKASH S/O. MARISWAMY, AGED ABOUT 52 YEARS MEMBERSHIP NO.4650 SHARE NO.236/19 36. SHIVANNA S/O. PARVATA DEVARU AGED ABOUT 62 YEARS MEMBERSHIP NO.1515 SHARE NO.147/8 37. CHIKKANNAPPA S/O. MADAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.366 SHARE NO.229/2 38. SHIVAMMA W/O. NANJUNDA SWAMY AGED ABOUT 68 YEARS MEMBERSHIP NO.1140 SHARE NO.184/6 39. RATNAMMA W/O. SHIVANAJAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2419 SHARE NO.197/12 40. BASAVANNA V S/O. VEERABHADRAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.3918 - 7 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.73/19 41. MAHADEVAPPA S/O. DODDA SHIVANAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.2624 SHARE NO.176/13 42. KALAPPA S/O.BHADRAPPA AGED ABOUT 57 YEARS MEMBERSHIP NO.769 SHARE NO.216/4 43. MAHADEVSWAMY S S/O. SHIVASWAMY AGED ABOUT 62 YEARS MEMBERSHIP NO.58/42 SHARE NO.137/24 44. SHIVASWAMY S/O. DYAVAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.450 SHARE NO.79/3 45. BASAVARAJU S/O. BASAVEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.3687 SHARE NO.89/18 46. S. SHIVARAMAIAH S/O. VEERAIAH AGED ABOUT 50 YEARS MEMBERSHIP NO.3022 SHARE NO.144/15. 47. RAJASHEKARA MURTHY M S/O. MALLAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.5163 - 8 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.242/21 48. BASAVANNA S/O. KADAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO.5461 SHARE NO.222/2 49. BHAVANI S. P S/O. SHIVANAND MURTHY B.K AGED ABOUT 60 YEARS MEMBERSHIP NO.5812 SHARE NO.106/24 50. HARISH KUMAR R.S S/O. SHIVANAND MURTHY B.K AGED ABOUT 55 YEARS MEMBERSHIP NO.58/13 SHARE NO.107/24 51. S. JAGADISH S/O. SHIVANNA AGED ABOUT 60 YEARS MEMBERSHIP NO.6614 SHARE NO.153/27 52. SHIVAMMA W/O. LATE MAHADEVAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.8353 SHARE NO.6/34 53. BABA JAN S/O. MOHAMMED WAZIR SAB AGED ABOUT 57 YEARS MEMBERSHIP NO.1503 SHARE NO.135/8 54. MAHADEV S/O. IREGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.1983 - 9 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.197/10 55. SHIVAMMA W/O. SWAMY S AGED ABOUT 58 YEARS MEMBERSHIP NO.4174 SHARE NO.132/1 56. SHIVANANJAPPA S/O. GURUMALLAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.3579 SHARE NO.226/17 57. BASAMMANI @ GEETHA W/O. SHIVAKUMAR M.P AGED ABOUT 55 YEARS MEMBERSHIP NO.4028 SHARE NO.189/90 58. GOWRAMMA S/O. LATE SHIVAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.6075 SHARE NO.165/25 59. MAHADEVAPPA S/O. LATE KALAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.7325 SHARE NO.53/30 60. CHANNARJE URS M S/O. MADARAJE URS M AGED ABOUT 65 YEARS MEMBERSHIP NO.1533 SHARE NO.169/8 61. JAYAMMA W/O. CHIKKAPUTTE GOWDA, AGED ABOUT 60 YEARS MEMBERSHIP NO.1772 - 10 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.214/9 62. KEMPAIAH S/O. DODDAGANDU @ PUTTU AGED ABOUT 55 YEARS MEMBERSHIP NO.2251 SHARE NO.16/12 63. NANJUNDSWAMY S/O. SHIVASWAMY AGED ABOUT 67 YEARS MEMBERSHIP NO.4068 SHARE NO.232/19 64. GURUMALLAPPA M S/O. MALLAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO.5706 SHARE NO.10/24 65. MAHADEV SWAMY S.H S/O. HALAGAPPA AGED ABOUT 46 YEARS MEMBERSHIP NO.1167 SHARE NO.222/6 66. MAHADEVAPPA B S/O. BASAPPA AGED ABOUT 71 YEARS MEMBERSHIP NO.2111 SHARE NO.100/11 67. SARASWATHI M S/O. VEEREGOWDA N.M AGED ABOUT 58 YEARS MEMBERSHIP NO.3450 SHARE NO.92/17 68. NAGARATHNA W/O. PUTTASWAMY AGED ABOUT 49 YEARS MEMBERSHIP NO.8254 - 11 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.165/33 69. TIMMEGOWDA S/O. GIRI GOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO.413 SHARE NO.36/3 70. NANJUNDASWAMY P S/O. PUTTAPPA AGED ABOUT 63 YEARS MEMBERSHIP NO.954 SHARE NO.192/5 71. BALLAPPASWAMY S/O MAHADEVAPPA AGED ABOUT 66 YEARS MEMBERSHIP NO.1070 SHARE NO.101/6 72. MARIBUDDI S/O. MALLAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.172 SHARE NO.235/1 73. MAHADEVAPPA S/O. MADAPPA AGED ABOUT 61 YEARS MEMBERSHIP NO.684 SHARE NO.116/4 74. BASAVARAJU S/O. MADEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.2096 SHARE NO.81/11 75. KOSAPPA S/O. LINGAPPA AGED ABOUT 57 YEARS MEMBERSHIP NO.47/35 - 12 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.73/20 76. MAHADEVAIAH C.L S/O. LINGAIAH AGED ABOUT 49 YEARS MEMBERSHIP NO.1150 SHARE NO.200/6 77. LINGAIAH S/O. LINGAIAH AGED ABOUT 59 YEARS MEMBERSHIP NO.1562 SHARE NO.204/8 78. SINGRI GOWDA S S/O. SINGRI GOWDA AGED ABOUT 47 YEARS MEMBERSHIP NO.3402 SHARE NO.43/17 79. MARISWAMY S/O. TIMME GOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.3920 SHARE NO.75/19 80. LINGAPPA L S/O. PATEL LINGAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.932 SHARE NO.160/5 81. GURUDEVARADHYA S/O. GURUBASAVRADHYA AGED ABOUT 52 YEARS MEMBERSHIP NO.1290 SHARE NO.137/7 82. GAVISIDDAIAH S/O. JOGI SIDDAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.2423 - 13 - NC: 2025:KHC:7059 WP No. 3653 of 2025 SHARE NO.201/12 83. NANJAMMANNI W/O. MALLARDHYA AGED ABOUT 47 YEARS MEMBERSHIP NO.3813 SHARE NO.216/18 84. GURUSWAMY N S/O. NANJUNDDAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.458 SHARE NO.89/3 85. DORESWAMY S/O. PUTTASUBBAPPA AGED ABOUT 73 YEARS MEMBERSHIP NO.504 SHARE NO.142/3 86. SHIVAMADAPPA S/O. VEERAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.581 SHARE NO.241/3 87. PARASHIVAMURTHY R S/O. RUDRAIAH M AGED ABOUT 51 YEARS MEMBERSHIP NO.886 SHARE NO.110/5 88. JAYASHEKARAMURTHY R.N S/O. NANJUNDAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2839 SHARE NO.156/16 89. VIRUPAKSHA B.S S/O. SHIVARUDRAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.3624 - 14 - NC: 2025:KHC:7059 WP No. 3653 of 2025 …PETITIONERS (BY SRI. PRUTHVI WODEYAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 01 REPRESENTED BY ITS SECRETARY SHARE NO.24/18 90. RAJAMANI W/O. SIDDALINGAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.4061 SHARE NO.225/19 91. MAHADEVAPPA S S/O. SUBBAPPA AGED ABOUT 61 YEARS MEMBERSHIP NO.468 SHARE NO.100/3 92. SHIVASWAMY M S/O. MARIMADAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.2158 SHARE NO.155/11 93. BHAGYA W/O SHIVAKUMAR M AGED ABOUT 55 YEARS MEMBERSHIP NO.2404 SHARE NO.179/12 ALL THE PETITIONERS ARE THE MEMBERS OF MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., MALAVALLI, MANDYA DISTRICT - 571 401 - 15 - NC: 2025:KHC:7059 WP No. 3653 of 2025 2. THE CO-OPERATIVE ELECTION COMMISSION NGO COLONY, WILSON GARDEN, BENGALURU - 560 027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ALSO THE ELECTION OFFICER MANDYA - 571 401. 4. MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 REPRESENTED BY ITS CEO REGISTERED UNDER SOCIETIES REGISTRATION ACT 1959 5. RETURNING OFFICER & E.O OF TALUK PANCHAYAT MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FO R2; SRI. D.M. KRISHNA, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.02.2025 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 16 - NC: 2025:KHC:7059 WP No. 3653 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- i. "Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible voter list at Annexure-B and permit the Petitioners to vote in the upcoming elections to respondent No.4 Society which is scheduled to be held on 10.02.2025 as per Annexure-A. ii. 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 10.02.2025 subject to final outcome of this petition. 3. Heard Sri Pruthvi Wadeyar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 5, Sri T.L. Kiran Kumar, learned - 17 - NC: 2025:KHC:7059 WP No. 3653 of 2025 counsel for respondent No.2 and Sri D.M. Krishna, learned counsel for respondent No.4. 4. Counsel for the petitioners submits that the election has been held as scheduled on 10.02.2025 and the petitioners have cast their votes. 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.4-Society fairly submits that the Society has not followed the mandatory requirement of the aforementioned rules and - 18 - NC: 2025:KHC:7059 WP No. 3653 of 2025 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 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 1 2022 (4) AKR 775 - 19 - NC: 2025:KHC:7059 WP No. 3653 of 2025 announce the results of the election, which was scheduled on 10.02.2025. 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 to vote in the election to the Board of the respondent No.4–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 petitioners would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent No.4–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 No.4-Society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results - 20 - NC: 2025:KHC:7059 WP No. 3653 of 2025 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. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 25 CT: BHK