- 1 - NC: 2025:KHC:10938 WP No. 5186 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.5186 OF 2025 (CS-EL/M) BETWEEN: 1. G.B.MALLIKARJUNAIAH S/O LATE BYRANNA AGED ABOUT 49 YEARS SHARE NO:157/2 2. BAIRAIAH S/O LATE THIMMAIAH AGED ABOUT 65 YEARS SHARE NO.142/1 3. RAMESHBABU S/O NARASIMHAMURTHY AGED ABOUT 65 YEARS SHARE NO.19/4 PETITIONERS ARE MEMBERS OF KANASAVADI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD GOOLYA VILLAGE PURUSHANAHALLI POST MADURE HOBLI DODDABALLAPURA TALUK-561203 BENGALURU RURAL DISTRICT …PETITIONERS (BY SRI.PRUTHVI WODEYAR, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10938 WP No. 5186 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR. B.R.AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H.ROAD, SHANTINAGAR BENGALURU-560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MINI VIDHANA SOUDA DODDABALLAPURA TALUK-56120 BENGALURU RURAL DISTRICT KARNATAKA 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DODDABALLAPURA SUB DIVISION DODDABALLAPURA-561203 BENGALURU RURAL TALUK 5. KANASAVADI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD GOOLYA VILLAGE PURUSHANAHALLI POST MADURE HOBLI DODDABALLAPURA TALUK-561203 BENGALURU RURAL DISTRICT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER - 3 - NC: 2025:KHC:10938 WP No. 5186 of 2025 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 6. THE RETURNING OFFICER KANASAVADI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD GOOLYA VILLAGE PURUSHANAHALLI POST MADURE HOBLI DODDABALLAPURA TALUK-561203 BENGALURU RURAL DISTRICT …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R.1, R.3, R.4 AND R.6; SRI.K.KRISHNA, ADVOCATE FOR R.2; SRI.DEVI PRASAD SHETTY, ADVOCATE FOR R.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-E AND PERMIT THE PETITIONERS TO CONTEST AND VOTE IN THE UPCOMING ELECTIONS TO R-5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 27.02.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 4 - NC: 2025:KHC:10938 WP No. 5186 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 - 5 - NC: 2025:KHC:10938 WP No. 5186 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 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 - 6 - NC: 2025:KHC:10938 WP No. 5186 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 NBM List No.: 1 Sl No.: 19