- 1 - NC: 2025:KHC:11880 WP No. 4437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4437 OF 2025 (CS-EL/M) BETWEEN: 1. MANJUNATH. H S/O. LATE HANUMAIAH T. M AGED ABOUT 55 YEARS, SHARE NO. 188/62 R/O DODDA TUMKURU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 2. SIDDARAMAIAH S/O LATE VEERANNA AGED ABOUT 62 YEARS, SHARE NO. 129/43 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 3. DEVARAJU S/O LATE KEMPAIAH AGED ABOUT 52 YEARS, SHARE NO. 054/50 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 4. NAGARAJU S S/O SIDDAPPA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11880 WP No. 4437 of 2025 AGED ABOUT 75 YEARS, SHARE NO. 053/50 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 5. NANJUNDAPPA G M S/O MALLAIAH AGED ABOUT 67 YEARS, SHARE NO. 238/42 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 6. BEERAPPA S/O LATE AJJABEERAPPA AGED ABOUT 77 YEARS, SHARE NO. 024/50 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 7. NAGARAJU G.C S/O CHIKKAKALAIAH AGED ABOUT 70 YEARS, SHARE NO. 058/50 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 8. ARASAMMA W/O LATE MUNISWAMY AGED ABOUT 77 YEARS, SHARE NO. 145/54 R/O S.M GOLLAHALLI VILLAGE - 3 - NC: 2025:KHC:11880 WP No. 4437 of 2025 DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 9. RAJANNA S/O LATE MALLAIAH AGED ABOUT 62 YEARS, SHARE NO. 033/50 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 10. HANUMANTHARAYAPPA S/O. NAGAPPA AGED ABOUT 78 YEARS, SHARE NO. 069/43 R/O GEJJAGADAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 11. MUNISIDDAPPA S/O LATE BALAIAH AGED ABOUT 87 YEARS, SHARE NO. 209/44 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 12. CHIKE GOWDA G.C S/O. CHIKKA KAADAIAH AGED ABOUT 65 YEARS, SHARE NO. 272/41 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 - 4 - NC: 2025:KHC:11880 WP No. 4437 of 2025 13. CHIKKA NARASIMHAIAH S/O LATE LINGAPPA AGED ABOUT 72 YEARS, SHARE NO. 074/56 R/O S.M GOLLAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 14. GOVINDAPPA S/O. DODDASIDDAPPA AGED ABOUT 61 YEARS, SHARE NO. 206/11 R/O GEJJAGADAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 15. MUNIKRISHNAPPA S/O. BEERAPPA AGED ABOUT 69 YEARS, SHARE NO. 239/41 R/O GEJJAGADAHALII VILLAGE DODDABALIAPURA TALUK BANGALURU RURAL DISTRICT-561203 16. HANUMANTHARAYAPPA S/O. NAGAPPA AGED ABOUT 78 YEARS, SHARE NO. 069/43 R/O GEJJAGADAHALII VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 17. BUILAPPA S/O. HANUMANTARAYAPPA AGED ABOUT 78 YEARS, SHARE NO. 142/41 - 5 - NC: 2025:KHC:11880 WP No. 4437 of 2025 R/O GEJJAGADAHALII VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 18. CHIKAHANUMAKKA W/O CHANDRAYYA AGED ABOUT 73 YEARS, SHARE NO. 022/51 R/O KADANUR VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 19. GANGEGOWDA S/O. R. KENCHAYYA AGED ABOUT 74 YEARS, SHARE NO. 171/56 R/O KADANUR VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 20. RAMAIAH K H S/O. DODDALAKKAPPA AGED ABOUT 95 YEARS, SHARE NO. 161/39 R/O KADANUR VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 21. DODDA NARASIMAIAH S/O. ANJINAPPA K AGED ABOUT 89 YEARS, SHARE NO. 112/39 R/O KADANUR VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 - 6 - NC: 2025:KHC:11880 WP No. 4437 of 2025 22. KESHAVAMURTHY A S/O ANANTHAIAH K AGED ABOUT 50 YEARS, SHARE NO. 059/56 R/O KARIMSONNENALLI DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 23. GANGAMMA W/O. RANGASWAMAIAH AGED ABOUT 75 YEARS, SHARE NO. 166/43 R/O MALLOHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 24. GANGALAKSHMAMMA W/O. RANGADAMAIAH M.R AGED ABOUT 68 YEARS, SHARE NO. 168/56 R/O MALLOHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 25. KRISHNAPPA C/O NARAYANAPPA AGED ABOUT 60 YEARS, SHARE NO. 269/38 R/O GOWDAHAILI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 26. INDIRA M. C/O. B. HANUMANTHAIAH AGED ABOUT 62 YEARS, - 7 - NC: 2025:KHC:11880 WP No. 4437 of 2025 SHARE NO. 011/38 R/O GARADIGARAPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 27. MUNIYAPPA D S/O. DODDAHAIAH AGED ABOUT 80 YEARS, SHARE NO. 179/9 R/O GARADIGARAPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 28. GANGAMMA W/O. ANJINEYYA AGED ABOUT 62 YEARS, SHARE NO. 099/43 R/O KADANURUPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 29. RAVINDRANATH, M.D S/O.DODDAVEERAYYA .M.C AGED ABOUT 70 YEARS, SHARE NO. 050/64 R/O MOLLOHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 30. NARAYANASWAMY G R S/O. RANGAPPA AGED ABOUT 65 YEARS, SHARE NO. 126/63 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK - 8 - NC: 2025:KHC:11880 WP No. 4437 of 2025 BANGALURU RURAL DISTRICT-561203 31. GOPALAKRISHNA A N S/O NANJAPPA AGED ABOUT 65 YEARS, SHARE NO. 121/63 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 32. VISHWANATH B S/O. BHADRAPPA AGED ABOUT 70 YEARS, SHARE NO. 085/40 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 33. KRISHNAPPA P S/O. PATELAPPA AGED ABOUT 70 YEARS, SHARE NO. 189/41 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 34. PRAKESH A R S/O RUDRAPPA AGED ABOUT 62 YEARS, SHARE NO. 141/53 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 35. MUNI MARAIAH D. - 9 - NC: 2025:KHC:11880 WP No. 4437 of 2025 S/O. LATEGANGAPPA AGED ABOUT 82 YEARS, SHARE NO. 221/40 R/O DODDA TUMKURU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 36. LEELAVTHI S W/O NAGARAJA K AGED ABOUT 55 YEARS, SHARE NO. 048/61 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 37. CHANDRASHEKARAIAH V S/O LATE VENKATAPPA V AGED ABOUT 76 YEARS, SHARE NO. 154/57 R/O MADURE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 38. NAGARATHNAMMA C/O. CHANNEGOWDA AGED ABOUT 70 YEARS, SHARE NO. 061/45 R/O MADAGONDANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 39. HANUMANTHAIAH B C/O. BYLAPPA AGED ABOUT 70 YEARS, SHARE NO. 012/38 - 10 - NC: 2025:KHC:11880 WP No. 4437 of 2025 R/O KODIPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 40. RAJANNA B.M C/O. MUNISHAMAPPA AGED ABOUT 65 YEARS, SHARE NO. 099/6 R/O BAIRASANDRA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 41. MUNIRAJU G.M C/O. MUNNAIAH AGED ABOUT 75 YEARS, SHARE NO. 141/46 R/O GEJJAGDALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 42. LAKSHMIDEVAMMA W/O. ANJINAPPA AGED ABOUT 91 YEARS, SHARE NO. 005/11 R/O MADAGONDANAHALLI VILLAGE DDODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 43. GANGAMMA W/O. TIMMARAYAPPA AGED ABOUT 60 YEARS, SHARE NO. 241/12 R/O MALLOHALLI VILLAGE DDODDABALLAPURATALUK BANGALURU RURAL DISTRICT-561203 - 11 - NC: 2025:KHC:11880 WP No. 4437 of 2025 44. INDU KESHAVAN W/O. KESHAVAN C.R AGED ABOUT 65 YEARS, SHARE NO. 291/38 R/O KODIHALLI VILLAGE DDODDABALLAPURATALUK BANGALURU RURAL DISTRICT-561203 45. NANJEGOWDA G C/O. GANGAHANUMAIAH AGED ABOUT 81 YEARS, SHARE NO. 113/9 R/O CHANNADEVI AGRAHARA VILLAGE DODDABALLAPURA TALUK BANGAIURU RURAL DISTRICT-561203 46. TIMMEGOWDA P C/O. GARUDAIAH AGED ABOUT 80 YEARS, SHARE NO. 207/11 R/O MUPPADIGATTA VILLAGE DODDABALLAPURA TALUK BANGAIURU RURAL DISTRICT-561203 47. KEHAVA MURTY C/O. ANANTHAIAH AGED ABOUT 64 YEARS, SHARE NO. 023/36 R/O KARIMSONNENAHALLI VILLAGE DODDABALLAPURA TALUK BANGAIURU RURAL DISTRICT-561203 48. RATHNAMMA W/O. PAPANNA AGED ABOUT 64 YEARS, - 12 - NC: 2025:KHC:11880 WP No. 4437 of 2025 SHARE NO. 061/24 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGAIURU RURAL DISTRICT-561203 49. GANGADARAIAH C/O. TIMMAHANUMIAH AGED ABOUT 85 YEARS, SHARE NO. 025/36 R/O NARASAIAHNA AGRAHARA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 50. VANKATAHANUMAIAH C/O. MUNNIHANUMAIAH AGED ABOUT 75 YEARS, SHARE NO. 068/47 R/O NARASAIAHNA AGRAHARA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 51. VENUGOPAL A C/O. ANANTHAIAH K AGED ABOUT 70 YEARS, SHARE NO. 058/56 R/O KARIMSONNENAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 52. JAYAMMA W/O. GOVINDAPPA AGED ABOUT 58 YEARS, SHARE NO. 010/17 R/O ARALUMALLIGE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 - 13 - NC: 2025:KHC:11880 WP No. 4437 of 2025 53. KRISHNAPPA B C/O. BYRANNA AGED ABOUT 70 YEARS, SHARE NO. 291/41 R/O DODDATUMKUR VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561203 54. RAMACHANDRAPPA S/O. MAKARAPPA AGED ABOUT 60 YEARS, SHARE NO.086/12 R/O YAKASHIPURA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 55. SUBBANNA S/O. MAKARAPPA AGED ABOUT 65 YEARS, SHARE NO.239/52 R/O YAKASHIPURA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 56. SONNAPPA AGED ABOUT 76 YEARS, SHARE NO.093/4 R/O YAKASHIPURA DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 57. GOVINDARAJU S/O. LAKSHMAIAH AGED ABOUT 52 YEARS, SHARE NO.042/55 R/O S.M GOILAHALLI VILLAGE - 14 - NC: 2025:KHC:11880 WP No. 4437 of 2025 DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 58. NARAYANAPPA N. S/O. CHIKKANAGAPPA AGED ABOUT 85 YEARS, SHARE NO.009/55 R/O JUNNASANDRA DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 …PETITIONERS (BY SRI. JAGADEESH H T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560010. 2. THE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560027 REPRESENTED BY ITS COMMISSIONER 3. THE ELECTION OFFICER AND THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, BENGALURU-560001. - 15 - NC: 2025:KHC:11880 WP No. 4437 of 2025 4. THE RETURNING OFFICER, DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA-561203, BENGALURU RURAL DISTRICT. 5. DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED REGISTERED CO OPERATIVE BANK, DODDABALLAPURA-561203 BENGALURU RURAL DISTRICT, REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R4; SRI. T. L. KIRAN KUMAR, ADVOCATE FOR R2; R5-DODDABALLAPURA TALUK, PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., DODDABALLAPURA SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST OF C.D. AGRAHARA CONSTITUENCY DATED NIL, VIDE ANNEXURE-C, OF THE RESPONDENT NO.5-DODDABALLAPURA TALUK PRIMARY CO- OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA, BENGALURU RURAL DISTRICT, AS FAR AS IT RELATES TO THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 16 - NC: 2025:KHC:11880 WP No. 4437 of 2025 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 votes 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 a separate ballot box. 2. A Co-ordinate 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 1 W.P.No.8502/2022 dated 7.6.2022 - 17 - NC: 2025:KHC:11880 WP No. 4437 of 2025 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 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 - 18 - NC: 2025:KHC:11880 WP No. 4437 of 2025 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 a 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 NG List No.: 1 Sl No.: 68 CT:SK