- 1 - NC: 2025:KHC:13858 WP No. 4279 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. 4279 OF 2025 (CS-EL/M) BETWEEN: RAGHAVENDRA D S/O DEVIDAS REVANKAR AGED ABOUT 42 YEARS R/AT 1ST MAIN ROAD, 1ST CROSS BEHIND NARAHARI KALYANA MANTAPA DAVANAGERE 57002 …PETITIONER (BY SRI. HANUMANTHAPPA B HARAVI., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BANGALORE 560001 2. THE CO-OPERATION DEVELOPMENT OFFICER OFFICE OF CO-OPERATIVE SOCIETIES DEPUTY DIRECTOR, DAVANAGERE DAVANAGERE DISTRICT 57002 3. THE SECRETARY DAIVAGNA CREDIT CO OPERATIVE SOCIETY LTD., DAVANAGERE 577001 4. SATISH NAYAK L RETURNING OFFICER DAIVAGNA CREDIT CO OPERATIVE SOCIETY LTD., DAVANAGERE 577006 AND ALSO CO OPERATION DEVELOPMENT OFFICER/SALES OFFICER. SAHAKA SANGHA CO OPERATIVE OFFICE DAVANAGERE 577006 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13858 WP No. 4279 of 2025 (BY SRI.YOGESH D NAIK., AGA FOR R1 & 4; SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R2; R3-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R4 PERMITTING THE PETITIONER TO CONTEST TO THE ELECTION AND RIGHT TO VOTE IN THE ELECTION SCHEDULE TO BE HELD ON 22- 02-2025 AS PER ANNEXURE-B DATED 03-02-2025 ISSUED BY THE R4 TO THE R3 CREDIT CO OPERATIVE SOCIETIES LTD. DAVANAGERE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, 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 petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 3 - NC: 2025:KHC:13858 WP No. 4279 of 2025 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 vote cast by the petitioner. 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 vote cast by the petitioner in the above matter. - 4 - NC: 2025:KHC:13858 WP No. 4279 of 2025 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 vote cast by the petitioner 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.: 96