- 1 - NC: 2025:KHC:12437 WP No. 4416 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4416 OF 2025 (CS-EL/M) BETWEEN: 1. SRI B RAGHUNATHA REDDY S/O. BYYAREDDY AGED ABOUT 67 YEARS SAJJALAVARIPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.5376 2. SRI. VENKATAPPA @ G VENKATAPPA S/O. SRI GANGULAPPA AGED ABOUT 81 YEARS SAJJALAVARIPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELURU TALUK, CHIKKABALLAPURA DIST. PIN -563124. MEMBERSHIP NO.0554 3. SRI. ESHWARAREDDY.P S/O. LATE PEDDARAMANNA AGED ABOUT 54 YEARS R/AT VANTRIVANDARAPALLI VILLAGE, NAREMADDEPALLI POST CHELUR TALUK, CHIKKABALLAPURA DISTRICT. PIN -561212 MEMBERSHIP NO.0805 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12437 WP No. 4416 of 2025 4. SRI.GANGULAPPA S/O. YELLAPPA AGED ABOUT 65 YEARS SAJJALAVARIPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELURU TALUK, CHIKKABALLAPURA DIST. PIN -563124. MEMBERSHIP NO.5040 5. SRI. BAYYAREDDY.V @CHINNA BAYYAREDDY S/O. VENKATAREDDY @ VENKATAPPA, AGED ABOUT 66 YEARS R/AT VENTEERAVANDLAPALLI VILLAGE, NAREMADDEPALLI POST CHELUR TALUK, CHIKKABALLAPURA DISTRICT. PIN -561212 MEMBERSHIP NO.0813 6. SRI. PAPIREDDY S/O. LATE VENKATAREDDY, AGED ABOUT 66 YEARS R/AT VENTEERAVANDLAPALLI VILLAGE, NAREMADDEPALLI POST CHELUR TALUK, CHIKKABALLAPURA DISTRICT. PIN -561212 MEMBERSHIP NO.6336 7. SRI.P.B.BAYYAREDDY W/O. LATE BYYAPPA AGED ABOUT 54 YEARS R/AT YAGAVAPYALAVANDLAPALLI VILLAGE, CHAKAVELU POST, CHELUR TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.0640 8. SRI VENKATARAVANAPPA @ VENKATARAMANAPPA S/O. GADI YAMAREDDY @ GADHI VEMANNA - 3 - NC: 2025:KHC:12437 WP No. 4416 of 2025 AGED ABOUT 77 YEARS R/AT RAMANUPADI VILLAGE, NAREMADDEPALLI POST CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -561212. MEMBERSHIP NO.3980 9. SRI.K.R.VENUGOPAL REDDY S/O.K.T.RAMACHANDRA REDDY AGED ABOUT 63 YEARS R/AT VENKATAREDDYPALLI VILLAGE CHAKAVELU POST, CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.6444 10. SRI. CHIKKAVENKATARAYAPPA @ VENKATARAYAPPA S/O. BOMMENARAYANAPPA @ NARAYANAPPA AGED ABOUT 78 YEARS R/AT VENKATESHAPALLI VILLAGE, CHAKAVELU POST, CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.787 11. SMT. AMARAMMA W/O. SRI NAGARAJ AGED ABOUT 38 YEARS R/AT VENKATESHAPALLI VILLAGE, CHAKAVELU POST, CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.6098 12. SRI.SOMASHEKARA REDDY.P.S S/O. SUBBAREDDY P.S. AGED ABOUT 52 YEARS R/AT BUDDLAVARAPALLI VILLAGE - 4 - NC: 2025:KHC:12437 WP No. 4416 of 2025 CKAVELU GRAMA PANCHAYATHI CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN - 563124. MEMBERSHIP NO.5662 13. SRI.NARAYANAPPA @ NARAYANASWAMY S/O.LATE VENKATARAYAPPA AGED ABOUT 55 YEARS, R/AT KOTHURU VILLAGE CHAKAVELU POST, CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.0806 14. SRI.B.KASIGANGULAPPA @ B. GANGULAPPA S/O. LATE NARASIHAPPA @ NARASIMHALU AGED ABOUT 63 YEARS R/AT BELALLAMPALLI VILLAGE, PULAGEL GRAMA PANCHAYATHI BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT PIN - 563124 MEMBERSHIP NO.0323 15. SRI. REDDAPPA V.N. @ V.N.REDDAPPAREDDY S/O. NARAYANAREDDY AGED ABOUT 75 YEARS R/AT UDAVARAPLLI VILLAGE, PULAGEL GRAMA PANCHAYATHI BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT PIN -563124 MEMBERSHIP NO.0982 16. SRI VENKATASHIVAREDDY M.P. S/O. PAPANNA @ MULAKAPADDAPAPIREDDY AGED ABOUT 61 YEARS R/AT UDAVARAPALLI VILLAGE, PULAGEL GRAMA PANCHAYATHI BAGEPALLI TALUK, - 5 - NC: 2025:KHC:12437 WP No. 4416 of 2025 CHIKKABALLAPURA DISTRICT PIN -563124 MEMBERSHIP NO.0034 17. SRI PEDDAMUNISWAMY @ MUNISWAMY NAYAKA S/O. LATE MUNENAYAKA AGED ABOUT 78 YEARS VENKATAREDDIPALLU THANDA (MADDIREDDYPALLI VILLAGE) CHAKAVELU POST CHELURU TALUK CHIKKABALLAPURA DISTRICT-563124 MEMBERSHIP NO. 0309 18. SRI NARASIMHAREDDY S/O. LATE GANGIREDDY AGED ABOUT 71 YEARS R/AT SAJJALAVARIPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.0872 19. SRI. RANGAPPA S/O LATE VENKATAPPA AGED ABOUT 85 YEARS R/AT SAJJALAVARIPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELURU TALUK CHIKKABALLAPURA DISTRICT PIN-563124 MEMBERSHIP NO.0829 20. SMT. JAYAMMA W/O. M.N.VENKATARAVANAPPA AGED ABOUT 55 YEARS R/AT MYAKALAPALLI VILLAGE PULAGALU POST CHELURU TALUK - 563124 MEMBERSHIP NO.6517 - 6 - NC: 2025:KHC:12437 WP No. 4416 of 2025 21. SRI. SR. S.R.VENKATAPPA S/O. RANGAPPA AGED ABOUT 46 YEARS R/AT SAJJALAVARIPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELURU TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO.4843 22. SRI.B.R.VENKATA REDDY S/O. CHINNABYYAPPA AGED ABOUT 71 YEARS R/AT RAGIMAKALAPALLI VILLAGE PULAGALU POST CHELURU TALUK - 563124 MEMBERSHIP NO. 5325 23. SRI. GANGI REDDY S/O. CHINNAVENKATARAYAPPA AGED ABOUT 74 YEARS R/AT MARAVAPALLI VILLAGE CHAKAVELU POST CHELURU TALUK - 563124 MEMBERSHIP NO. 6075 24. SRI K.V. VENKATARAVANAPPA S/O. LATE KUKKALA RAMANNA AGED ABOUT 63 YEARS R/AT SAJJALAVARAPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELUR TALUK, CHIKKABALLAPURA DISTRICT PIN -563124. MEMBERSHIP NO. 1002 25. SRI. G. VENKATAREDDY S/O. LATE GANGUPPA AGED ABOUT 72 YEARS R/AT DEGAVAPAYALAVARAPALLI VILLAGE CHAKAVELU POST, CHELURU TALUK CHIKKABALLAPURA DSITRICT- 563124 - 7 - NC: 2025:KHC:12437 WP No. 4416 of 2025 MEMBERSHIP NO. 0860 26. SMT. LAKSHMIDEVAMMA W/O. SRI VENKATARAVANAPPA @ VENKATARAYAPPA AGED ABOUT 50 YEARS R/AT SAJJALAVARAPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELUR TALUK, CHIKKABALLAPURA DISTRICT. PIN -563124. MEMBERSHIP NO.6341 27. SMT.PADMAVATHAMMA W/O. VENKATARAVANAPPA @ VENKATARAYAPPA AGED ABOUT 72 YEARS R/AT SAJJALAVARAPALLI VILLAGE, PULGAL GRAMA PANCHAYATHI CHELUR TALUK, CHIKKABALLAPURA DISTRICT. PIN -563124. MEMBERSHIP NO. 6340 28. SMT. NARAYANAMMA W/O. LATE SRIRAMAPPA AGED ABOUT 58 YEARS R/AT SAJJALAVARAPALLI VILLAGE PULIGALE POST, CHELURU TALUK-563124 MEMBERSHIP NO.6342 29. SMT. NARAYANAMMA W/O. LATE RAMAPPA AGED ABOUT 58 YEARS R/AT SAJJALAVARAPALLI VILLAGE PULGAL GRAMA PANCHAYATHI, CHELUR TALUK-563124 MEMBERSHIP NO.6099 30. SRI. SEETHARAM M. S/O. M. KRISHNAMURTHY AGED ABOUT 51 YEARS - 8 - NC: 2025:KHC:12437 WP No. 4416 of 2025 R/AT PULIGAL AT AND POST CHELURU TALUK - 563124 MEMBERSHIP NO.0988 NOW CAMPED AT NO. 1352, 1ST FLOOR, 5TH CROSS, ASHOKANAGAR, BSK 1ST STAGE VTC BANASHANKARI BENGALURU -560 050. ALL ARE MEMBERS OF THE PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT WHICH IS REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT …PETITIONERS (BY SRI. CHOWDAREDDY T.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU -560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY 3. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BANGALORE RANGE, SAHAKARA SOUDHA MARGOUS ROAD, MALLESHWARAMA BENGALURU - 560 003. - 9 - NC: 2025:KHC:12437 WP No. 4416 of 2025 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA -562101 5. THE PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED., BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561207 BY ITS MANAGER REGISTERED UNDER THE PROVISION OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 6. THE RETURNING OFFICER THE PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BAGEPALLI TALUK, CHIKKABALLAPURA DIST- 561207 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 AND R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO R-6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNX-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 16.02.2025.GRANT AN INTERIM ORDER TO DIRECT THE R-2 TO 6 TO PREPARE AND CONDUCT THE ELECTION TO THE R-5 SOCIETY BY PERMITTING THE PETITIONER TO CAST THEIR VOTES IN THE ELECTIONS SCHEDULED TO BE HELD ON 16.02.2025 AS PER ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 10 - NC: 2025:KHC:12437 WP No. 4416 of 2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 11 - NC: 2025:KHC:12437 WP No. 4416 of 2025 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 of 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 of 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 - 12 - NC: 2025:KHC:12437 WP No. 4416 of 2025 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 AMM List No.: 1 Sl No.: 65