- 1 - NC: 2025:KHC:6686 WP No. 3722 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. 3722 OF 2025 (CS-EL/M) BETWEEN: 1. PATTANARAYANAPPA S/O PATTAGANGAPPA AGED ABOUT 69 YEARS R/AT BOGENAHALLI, GUDIBANDE TALUK CHIKKABALLAPURA DIST 561209 2. GANGADHARAPPA BV, S/O VENKATARAYAPPA, AGED ABOUT 67 YEARS, R/AT BOGENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 3. SRINIVASAPPA B.V., S/O VENKATASWAMY, AGED ABOUT 61 YEARS R/AT BOGENAHALLI, GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 4. MADDAREDDY C. J., S/O GANTLAPPA, AGED ABOUT 54 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 5. DODDA NARAYANAPPA, S/O NARASIMHAPPA, AGED ABOUT 61 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 6. NARAYANASWAMY S/O VENKATAPPA. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6686 WP No. 3722 of 2025 AGED ABOUT 59 YEARS. R/AT CHANDOORS, GUDIBANDE CHIKKABALLAPURA BIST-561 209 7. VENKATA REDDY C.R.. S/O RAMA REDDY C N.. AGED ABOUT 51 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 8. CHOWDA REDDY, S/O NANJAPPA, AGED ABOUT 56 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561 209 9. KONDAPPA, S/O GANGAPPA, AGED ABOUT 71 YEARS R/AT CHANDOORU GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561209 10. VENKATESHAPPA, S/O Y NARASIMHAPPA, AGED ABOUT 59 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 11. LAKSHMIDEVAMMA, W/O NARAYANA REDDY, AGED ABOUT 59 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 12. CHIKKA NARAYANAPPA, S/O VENKATARAYAPPA, AGED ABOUT 61 YEARS, R/AT CHANDOORU - 3 - NC: 2025:KHC:6686 WP No. 3722 of 2025 GUDIBANDE TALUK CHIKKABALLAPURA DIST-561209 13. KAMAIAH S/O PAPANNA AGED ABOUT 61 YEARS R/AT CHANDOORU GUDIBANDE TALUK CHIKKABALLAPURA DIST-561209 14. MUNEENDRA C M S/O MUNIYAPPA C M AGED ABOUT 55 YEARS R/AT CHANDOORU GUDIBANDE TALUK CHIKKABALLAPURA DIST-561209 15. MADDA REDDY GN S/O B NARAYAN REDDY, AGED ABOUT 55 YEARS. R/AT CHANDOORU, GUDIBANDE TALUK CHIKKABALLAPURA DIST-561209 16. GOPALAPPA N S/O NANJAPPA, AGED ABOUT 61 YEARS, R/AT DOOMAKUNTANAM GUDIBANDE TALUK, CHIKKABALLAPURA DIST-561209 17. RAMAREDDY D M S/O MARAPPA, AGED ABOUT 55 YEARS, R/AT DOOMAKUNTANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 18. ADI NARAYANAPPA S/O PAPANNA, AGED ABOUT 51 YEARS, R/AT DOOMAKUNTANAHALILI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 19. NIRMALA D.B., W/O M RAMA REDDY, - 4 - NC: 2025:KHC:6686 WP No. 3722 of 2025 AGED ABOUT 45 YEARS, R/AT DOOMAKUNTAHALLI. GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 20. RAMA REDDY M S/O P MUNIYAPPA, AGED ABOUT 55 YEARS, R/AT DOOMAKUNTANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 21. CHOWDA REDDY, S/O SUBBARAYAPPA, AGED ABOUT 55 YEARS, R/AT KOREAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 22. BYRAREDDY, S/O SUBBARAYAPPA, AGED ABOUT 57 YEARS, R/AT KOREAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 23. ADI NARAYANAPPA, S/O ADI REDDY, AGED ABOUT 61 YEARS, R/AT KOREAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 24. RAMALINGAPPA, S/O PEDDA VENKATARAYAPPA, AGED ABOUT 67 YEARS, R/AT TATTIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 25. DODDA KAMAIAH, S/O DODDA VENKATARAYAPPA, AGED ABOUT 67 YEARS, - 5 - NC: 2025:KHC:6686 WP No. 3722 of 2025 R/AT TATTIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST-561209 26. VENKATA REDDY S/O DEVAAHA AGED ABOUT 57 YEARS R/AT HALEYARAHALLI GUDIBANDE TALUK CHIKKABALLAPURA DIST-561209 27. SHANKARA REDDY. S/O DEVALAH, AGED ABOUT 55 YEARS, R/AT HALEVARAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST-561209 28. VENKATESHAPPA, S/O HUCHAPPA, AGED ABOUT 67 YEARS. R/AT GANAGDARAPURO, GUDIBANDE TALUK, CHIKKABALLAPURA DIST-561209 29. ANNAPOORNAMMA, W/O ADI NARAYANA REDDY, AGED ABOUT 67 YEARS, R/AT GANDANAGENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 30. BYRAPPA G.L., S/O LAKSHMALAH, AGED ABOUT 71 YEARS, R/AT GANDANAGENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 31. CHINNAMMA, W/O CHIKKA APPI REDDY, AGED ABOUT 75 YEARS, R/AT GANDANAGENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 - 6 - NC: 2025:KHC:6686 WP No. 3722 of 2025 32. NARAYANASWAMY, S/O CHIKKA APPI REDDY, AGED ABOUT 55 YEARS R/AT GANDANAGENAHALLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 33. G L KRISHNAPPA S/O LAKSHMAIAH AGED ABOUT 61 YEARS R/AT GANDANAGENAHALLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST – 561209 34. MANJULAMMA N A W/O BYRAPPA, AGED ABOUT 61 YEARS, R/AT GANDANAGENAHALLI, 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. 3. PRIMARY CO OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., GUDIBANDE TALUK, REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959. GUDIBANDE - 561 209 - 7 - NC: 2025:KHC:6686 WP No. 3722 of 2025 4. THE RETURNING OFFICER, PRIMARY CO OPERATIVE AGRICULTURAL AND 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 ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C CONSEQUENTIALLY, PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09.02.2025 IN SO FAR AS THESE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, 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 voter list at Annexure-C consequentially, permit the petitioner 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. - 8 - NC: 2025:KHC:6686 WP No. 3722 of 2025 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. Sri Rakshith Kumar, learned counsel files vakalath for respondent No.3 3. Registry to indicate his name in the cause list. 4. 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. - 9 - NC: 2025:KHC:6686 WP No. 3722 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. 5. 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. 6. 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 - 10 - NC: 2025:KHC:6686 WP No. 3722 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 to vote in the election to the Board of the 1 2022 (4) AKR 775 - 11 - NC: 2025:KHC:6686 WP No. 3722 of 2025 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. - 12 - NC: 2025:KHC:6686 WP No. 3722 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.: 55