- 1 - NC: 2025:KHC:13276 WP No. 5113 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. 5113 OF 2025 (CS-EL/M) BETWEEN: 1. PRABHAKAR R, S/O RAMANNA, AGED ABOUT 44 YEARS, R/O KENGIGANAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203, SHARE NO.113/10. 2. DAYANADA SWAMY, S/O REVANNA, AGED ABOUT 68 YEARS, SHARE NO.50/6, R/O RAMADEVANAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALORE RURAL DISTRICT-561 203. 3. CHANNAMMA, W/O RAMALINGAIAH, AGED ABOUT 49 YEARS, R/O RAMADEVANAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203, SHARE NO.1/2. 4. SHASHIKUMAR, S/O HANUMANTHAIAH, AGED ABOUT 33 YEARS, SHARE NO.116/10, R/O KANASAVADI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. …PETITIONERS (BY SRI SHAKEER ABBAS M, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13276 WP No. 5113 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027, REP. BY ITS SECRETARY. 3. KANASAVADI MULTI PURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD., REP. BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. KANASAVADI, DODDABALLAPURA, BENGALURU RURAL-561 203. 4. THE RETURNING OFFICER, KANASAVADI MULTI PURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD., KANASAVADI, DODDABALLAPURA, BENGALURU RURAL-561 203. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1& R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER NO.1 IN THE FINAL ELIGIBLE VOTER LIST, CONSEQUENTIALLY, PERMIT THE PETITIONER NO.1 TO CONTEST AND TO CAST HIS VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 27-02-2025 (AS PER ANNEXURE-A) IN SO FAR AS THE PETITIONER NO.1 IS CONCERNED ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:13276 WP No. 5113 of 2025 ORAL ORDER 1. Learned counsel for the petitioner has filed a memo in respect of service of notice to respondent No.3. The same is taken on record. 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13276 WP No. 5113 of 2025 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. 5. 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 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 - 5 - NC: 2025:KHC:13276 WP No. 5113 of 2025 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 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 33