- 1 - NC: 2025:KHC:13271 WP No. 3763 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. 3763 OF 2025 (CS-EL/M) BETWEEN: 1. SHANTHAMMA, W/O VAIRAMUDIGOWDA, AGED ABOUT 60 YEARS. 2. BOREGOWDA, S/O SIDDEGOWDA, AGE ABOUT 55 YEARS. 3. K RAJEGOWDA, S/O SINGRIGOWDA, AGED ABOUT 53 YEARS. 4. RAMEGOWDA, S/O SHETTYGOWDA, AGED ABOUT 58 YEARS. 5. KEMPEGOWDA, S/O EREGOWDA, AGED ABOUT 75 YEARS. 6. RAJEGOWDA, S/O JAVAREGOWDA, AGED ABOUT 65 YEARS. 7. GANGADHARA, S/O MUDDEGOWDA, AGE ABOUT 65 YEARS. 8. M H HANUMANTTEGOWDA, S/O HANUMEGOWDA, AGED ABOUT 58 YEARS. 9. SHIVANNA, S/O HANUMANTTEGOWDA, AGED ABOUT 70 YEARS. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13271 WP No. 3763 of 2025 10. RAJASHEKARA, S/ O MANTAIAH, AGED ABOUT 65 YEARS. 11. RAMESH, S/O RAMEGOWDA, AGE ABOUT 60 YEARS. 12. LALITHAMMA, W/O B SRINIVASAIAH, AGE ABOUT 52 YEARS. 13. RAMELINGEGOWDA, S/O HONNEGOWDA, AGED ABOUT 60 YEARS. 14. PUTTASWAMY, S/O SANJEEVEGOWDA, AGED ABOUT 60 YEARS. 15. H Y RAJU, S/O YALAKKIGOWDA, AGED ABOUT 45 YEARS. 16. TOPPEGOWDA, S/O KARIGOWDA, AGED ABOUT 60 YEARS. 17. PADMAMMA, W/O RAMACHANDRA, AGED ABOUT 70 YEARS. 18. CHIKKEGOWDA, S/O EREGOWDA, AGED ABOUT 70 YEARS. 19. SIDDARAJU, S/O JAVARAPPA, AGED ABOUT 55 YEARS. 20. KALEGOWDA, S/O KALABOREGOWDA, AGED ABOUT 60 YEARS. - 3 - NC: 2025:KHC:13271 WP No. 3763 of 2025 21. CHNNAKESHAVA, S/O RAMEGOWDA, AGED ABOUT 62 YEARS. 22. VENKATESH, S/O GIRIGOWDA, AGED ABOUT 64 YEARS. 23. KALEGOWDA, S/O DASEGOWDA, AGED ABOUT 65 YEARS. 24. RAMALINGGEGOWDA, S/O MUDDALINGEGOWDA, AGED ABOUT 60 YEARS. 25. SHUSHILAMMA, W/O ANNEGOWDA, AGED ABOUT 70 YEARS. 26. T B NAGARAJU, S/O T B GOWDAPPA, AGED ABOUT 70 YEARS. 27. T M VISHVESHWARAIAH, S/O MADAPPAGOWDA, AGED ABOUT 65 YEARS. 28. KOWSHIK, S/O T M VISHVESHWARAIAH, AGED ABOUT 45 YEARS. 29. UMESH T V, S/O T M VISVESHWARAIAH, AGED ABOUT 40 YEARS. THE PETITIONERS ARE THE MEMBERS AND VOTERES OF NAGAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NAGAMANGALA, MANDYA DISTRICT-571 432. …PETITIONERS (BY SRI GIRISH N R, ADVOCATE) - 4 - NC: 2025:KHC:13271 WP No. 3763 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHI NAGAR, K.H. ROAD, BANGALORE-560 027. REP. BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO. 1, ALI ASKAR ROAD, BENGALURU-560 001. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT-571 434. 6. THE RETURNING OFFICER, THE NAGAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA TALUK LTD, MANDYA DISTRICT-571 432. 7. NAGAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959, HAVING OFFICE AT NAGAMANGALA, MANDYA DISTRICT-571 432. REP. BY ITS MANAGER/CHIEF EXECUTIVE OFFICER. 8. THE ELECTION OFFICER AND JOINT REGISTRAR CO-OPERATIVE SOCIETIES, MYSORE DIVISION, OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUBLIC OFFICES BUILDING, - 5 - NC: 2025:KHC:13271 WP No. 3763 of 2025 NEW SAYYAJI RAO ROAD, MYSORE, MYSORE DISTRICT-570024. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1 & R-3 TO R-6 & R-8; SRI KIRAN KUMAR, ADVOCATE FOR R-2; SRI K CHANNAPPA, ADVOCATE FOR R-7; SRI H V SUBRAMANYA, ADVOCATE FOR R-5) THIS W.P. IS FILED UNDER ARTCILES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7-BANK FOR THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO.7-BANK FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A, A1 TO A3 BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:13271 WP No. 3763 of 2025 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 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 - 7 - NC: 2025:KHC:13271 WP No. 3763 of 2025 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 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.: 29