- 1 - NC: 2025:KHC:10684 WP No. 4436 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.4436 OF 2025 (CS-EL/M) BETWEEN: 1. B V BYRAREDDY S/O R. VENKATARAYAPPA AGE:55 VILLAGE BESTARAPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR-561 207 SHARE NO.5197 2. VENKATARAMANAPPA S/O VENKATARAYAPPA AGE 72 VILLAGE DODDIVARIPALLI POST SOMANATHAPURA TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207. SHARE NO. 3695 3. VENKATARAVANAPPA S/O VENKATARAMANNA AGE 65 VILLAGE DODDIVARIPALLI POST SOMANATHAPURA TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207. SHARE NO 3728 4. VENKATAREDDY. D S/O OBULAREDDY AGE 58 VILLAGE DODDIVARIPALLI Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10684 WP No. 4436 of 2025 POST SOMANATHAPURA TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 3985 5. LAKSHMIDEVAMMA VENKATARAVANAPPA AGE 62 VILLAGE DUGGINAYAKANAPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO.4421 6. NAGARAJU. K. V S/O VENKATARAVANAPPA AGE 67 VILLAGE JANGALAPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 3796 7. JAYALAKSHMAMMA S/O NAGARAJ AGE 62 VILLAGE JANGALAPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 4373 8. BEERAPPA S/O NAGAPPA AGE 66 VILLAGE KADIRANNAGARIKOTE POST CHAKAVELU TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 887 9. BAVASAB S/O R. MAHABUB SAB - 3 - NC: 2025:KHC:10684 WP No. 4436 of 2025 AGE 59 VILLAGE NAREMADDEPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 4922 10. SHAMEER BASHA. H S/O CHIKKAHUSEN SABI AGE 65 VILLAGE RASCHERVU POST RASCHERVU TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 1070 11. BAYAPPA K B S/O BAYYAPPA AGE 70 VILLAGE KURUBAVANDIAPALLI POST CHAKAVELU TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 344 12. SUBBIREDDY S/O SUBBANNA AGE 55 VILLAGE DORANALAPALLI POST CHAKAVELU TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 5677 13. CHOUDAMMA S/O VENKATARAMAPPA AGE 64 VILLAGE SHIVAPURA POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 4107 - 4 - NC: 2025:KHC:10684 WP No. 4436 of 2025 14. RAVANAREDDY S/O NAGIREDDY AGE 64 VILLAGE INDUKUROLLAPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO 4469 15. GANGULAPPA S/O VENKATARAMAPPA AGE 62 VILLAGE INDUKUROLLAPALLI POST NAREMADDEPALLI TALUK BAGEPALLI DISTRICT CHIKBALLAPUR - 561 207 SHARE NO.4495 …PETITIONERS (BY SRI. ARUN KUMAR .Y.H, ADVOCATE) 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-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 KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. BAGEPALLI-563 124. 4. THE RETURNING OFFICER PRIMARY CO OPERATIVE AGRICULTURAL - 5 - NC: 2025:KHC:10684 WP No. 4436 of 2025 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 W.P. IS FILED UNDER ARTICLES 226 AND 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 RESPONDENT NO. 3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 16.02.2025 IN SO FAR AS THESE 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. 4436 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. 4436 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. 4436 of 2025 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 88