- 1 - NC: 2025:KHC:13146 WP No. 5390 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. 5390 OF 2025 (CS-EL/M) BETWEEN: SRI SATHYA KUMARA B K, S/O KRISHNA NAIK, AGED ABOUT 61 YEARS, MEMBERSHIP NO. 1699, R/AT NO. 1-64, PERAJE, MANDEKOLU, SULLYA TALUK, DAKSHINA KANNADA-574 239. …PETITIONER (BY SRI AKHIL S & JAYAPRAKASH RAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, DR AMBEDKAR VEEDHI, BANGALORE-560 001. REP. BY THE PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTHI NAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. RETURNING OFFICER, PARIVARA CREDIT CO-OPERATIVE SOCIETY LTD. (R) (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) DHARMASTHALA MANJUSHREE BUILDING, PUTTUR MAIN ROAD, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13146 WP No. 5390 of 2025 4. PARIVARA CREDIT CO-OPERATIVE SOCIETY LTD. (R), (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) DHARMASTHALA MANJUSHREE BUILDING, PUTTUR MAIN ROAD, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201. REP. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1 & R-3; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST OF MEMBERS IN SO FAR AS PETITIONERS IS CONCERNED ON THE CRITERIA FOR NON-COMPLIANCE OF SEC. 20(2) (a-iv) AND (a-v) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT BY R-4 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR DISMISSAL FOR NON- PROSECUTION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Notice to respondent No.4 is dispensed with, in view of the order proposed to be passed. 2. This Court by way of various interim orders had permitted the petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and - 3 - NC: 2025:KHC:13146 WP No. 5390 of 2025 that the vote cast by the petitioner shall be kept in separate ballot box. 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 vote cast by the petitioner. 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: 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13146 WP No. 5390 of 2025 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 vote cast by the petitioner in the above matters. 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 vote cast by the petitioner which had been directed to be kept in separate box shall - 5 - NC: 2025:KHC:13146 WP No. 5390 of 2025 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.: 2 Sl No.: 2