- 1 - NC: 2025:KHC:10684 WP No. 4454 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4454 OF 2025 (CS-EL/M) BETWEEN: 1. K.R SUDHAKAR REDDY S/O K.M.RAML REDDY AGED ABOUT 45 YEARS R/O MADDIREDDYPATTI VILLAGE CHAKAVELU POST, CHELUR HOBLI BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 2. K.R.MANOHAR REDDY S/O K.M.RAMI REDDY AGED ABOUT 42 YEARS R/O MADDIREDDYPALII VILLAGE CHAKAVELU POST, CHELUR HOBLI BAGEPALLI TALUK. CHIKKABALLAPURA DISTRICT- 563 124 3. K.R. VENUGOPAL REDDY S/O K.T.RAMACHANDRA REDDY AGED ABOUT 60 YEARS R/O VENKATA REDDYPALLI VILLAGE CHAKAVELU POST, CHELUR HOBLI BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 4. SOMASHEKARA REDDY.P.S. S/O SUBBO REDDY AGED ABOUT 45 YEARS, R/O BUDDALAVARIPALLI VILLAGE, CHAKAVELU POST, CHELUR HOBLI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10684 WP No. 4454 of 2025 BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT- 563 124 5. NARAYANAPPA S/O VENKATARAYAPPA AGED ABOUT 70 YEARS R/O KOTHURU VILLAGE CHAKAVELU POST, CHELUR HOBLI BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 6. B. BABA FAKRUDDIN S/O B.BABU SAB AGED ABOUT 55 YEARS R/O RAMANUPADI VILLAGE, PATHAPALYA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 7. P.B.BYREDDY S/O BAYYAPPA AGED ABOUT 40 YEARS R/O YAGAVAPYAYALAVANDLAPALLI VILLAGE, CHAKAVELU POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 8. MUNIYAPPA S/O MARAPPA AGED ABOUT 70 YEARS R/O VENKATESHAPALLI VILLAGE, CHAKAVELU POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 9. CHIKKA VENKATARAYAPPA S/O BOMMA NARAYANAPPA AGED ABOUT 70 YEARS R/O VENKATESHAPALLI VILLAGE, CHAKAVELU POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 - 3 - NC: 2025:KHC:10684 WP No. 4454 of 2025 10. VENKATARAVANAPPA S/O GADI VEMANNA AGED ABOUT 60 YEARS, R/O RAMANUPADI VILLAGE, PATHAPALYA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 11. G. CHANDRASHEKARA REDDY S/O G.BALA REDDY AGED ABOUT 55 YEARS, R/O OODUVARAPALLI VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 12. K. VENKATA REDDY S/O LATE KONDA REDDY, AGED ABOUT 80 YEARS, R/O OODUVARAPALLI VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABAJIAPURA DISTRICT- 563 124 13. KASI GANGAULAPPA S/ O NARASIMHAPPA AGED ABOUT 65 YEARS R/ O BELLALAMPALLI VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563 124 14. UTTANNA S/O PULLAPPAGARI VENKATARAYAPPA AGED ABOUT 70 YEARS, R/O PULAGAL VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT- 563124 15. K. VISHNUVARDHANA S/ O K.KRISHNA REDDY - 4 - NC: 2025:KHC:10684 WP No. 4454 of 2025 AGED ABOUT 40 YEARS, R/O OODUVARAPALLI VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT- 563124 16. V.N.REDDAPPA S/ O LATE NARAYANA REDDY AGED ABOUT 72 YEARS, R/O OODUVARAPALLI VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK 17. M.P.VENKATA SHIVA REDDY S/O PAPANNA AGED ABOUT 75 YEARS, R/O OODUVARAPALLI VILLAGE, PULAGAL POST, CHELUR HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT- 563124 …PETITIONERS (BY SRI. ARUN KUMAR .Y.H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING, BANGALORE-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE - ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD SHANTHINAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY 3. PRIMARY CO OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. BAGEPALLI TALUK REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER - 5 - NC: 2025:KHC:10684 WP No. 4454 of 2025 KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. BAGEPALLI- 563 124. 4. THE RETURNING OFFICER PRIMARY CO OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. BAGEPALLI TALUK CHIKKABALLAPURA - 563 124. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AT ANNEXURE-C, CONSEQUENTIALLY, PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BEHELD ON 16.02.2025 IN SO FAR AS PETITIONERS ARE CONCERNED. 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 matter is de-linked from main cases. 2. 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 - 6 - NC: 2025:KHC:10684 WP No. 4454 of 2025 and that the votes cast by the petitioners shall be kept in separate ballot boxes. 3. 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 announcement of the results by counting even the votes cast by the petitioners. 4. 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 7 - NC: 2025:KHC:10684 WP No. 4454 of 2025 5. In that view of the matter, I pass the following: ORDER i) The Writ Petition is disposed of. ii) The Returning Officer in the above matter 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 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 - 8 - NC: 2025:KHC:10684 WP No. 4454 of 2025 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1