- 1 - NC: 2025:KHC:9929 WP No. 5259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5259 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. PUTTAMMA W/O NARASAIAH AGED ABOUT 75 YEARS SHARE NO. 10 2. JAYAMMA W/O LINGAPPA AGED ABOUT 54 YEARS SHARE NO.14 3. PUTTATHAYAMMA W/O JAYARAMAIAH AGED ABOUT 51 YEARS SHARE NO. 15 4. MAHADEVAMMA W/O MAHADEVAIAH AGED ABOUT 56 YEARS SHARE NO.41 5. BHAGYAMMA W/O PUTTASWAMAIH AGED ABOUT 58 YEARS SHARE NO. 45 6. CHIKKATHAYAMMA W/O CHANNAPPA AGED ABOUT 79 YEARS SHARE NO.56 7. JAYALAKSHMI W/O JAYARAMU AGED ABOUT 49 YEARS SHARE NO.67 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9929 WP No. 5259 of 2025 8. GANGAMMA W/O CHANDRAIAH AGED ABOUT 54 YEARS SHARE NO. 86 9. GAYATHRAMMA W/O SHIVALINGAIAH AGED ABOUT 59 YEARS SHARE NO.87 10. SHIVAMMA W/O GANGAIAH AGED ABOUT 49 YEARS SHARE NO.88 11. SHANTHAMMA W/O HOMBALAIAH AGED ABOUT 54 YEARS SHARE NO.92 12. GANGAMMA W/O CHIKKACHOWDAIAH AGED ABOUT 59 YEARS SHARE NO. 95 13. BHAGYAMMA W/O CHIKKAVARADAIH AGED ABOUT 44 YEARS SHARE NO.98 14. PARVATHAMMA W/O VENKATAIAH AGED ABOUT 71 YEARS SHARE NO.100 15. SUJATHA W/O RAMACHANDRAIAH AGED ABOUT 56 YEARS SHARE NO.120 16. NAGAMMA W/O CHANDRAIAH AGED ABOUT 54 YEARS SHARE NO.129 - 3 - NC: 2025:KHC:9929 WP No. 5259 of 2025 17. PREMAMMA W/O SHAMBHULINGAIAH AGED ABOUT 69 YEARS SHARE NO.138 18. VIJAYA W/O CHIKKAMARIYAPPA AGED ABOUT 46 YEARS SHARE NO.139 19. JAYASHEELA W/O SURESH B L AGED ABOUT 43 YEARS SHARE NO. 142 20. SHOBHA W/O B P RAJU AGED ABOUT 42 YEARS SHARE NO.148 21. BHAGYAMMA W/O PUTTARAMAIAH AGED ABOUT 57 YEARS SHARE NO.150 22. GOWRAMMA W/O NARAYANA GOWDA B T AGED ABOUT 49 YEARS SHARE NO.153 23. PADMAMMA W/O PUTTASWAMAIAH AGED ABOUT 66 YEARS SHARE NO.154 24. T ROOPA W/O RAJAPPA AGED ABOUT 39 YEARS SHARE NO.163 25. ASHA W/O THIMMEGOWDA AGED ABOUT 37 YEARS SHARE NO.157 - 4 - NC: 2025:KHC:9929 WP No. 5259 of 2025 26. JAYAMMA W/O NARAYANAPPA AGED ABOUT 69 YEARS SHARE NO.168 27. LAKSHMAMMA W/O RAMANUJAIAH AGED ABOUT 51 YEARS SHARE NO. 169 28. KALAVATHI W/O DINESH AGED ABOUT 35 YEARS SHARE NO.171 29. NAGAMANI W/O B T MAYANNA AGED ABOUT 36 YEARS SHARE NO.191 30. BHAGYAMMA W/O V T RANGASWAMY AGED ABOUT 41 YEARS SHARE NO.192 31. SHIVAMMA W/O BALALINGE GOWDA AGED ABOUT 61 YEARS SHARE NO.195 ALL ARE MEMBERS OF HALU UTHPADAKARA MAHILA SAHAKARA SANGHA (NI) BANDIHALLI, HULIYURUDURGA HOBLI KUNIGAL TALUK, TUMKUR DISTRICT-572123 …PETITIONERS (BY SRI. JAI PRAKASH REDDY M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001 - 5 - NC: 2025:KHC:9929 WP No. 5259 of 2025 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS COMMISSIONER 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER TUMKUR DISTRICT, TUMKUR—572107 4. THE RETURNING OFFICER THE HALU UTHPADAKARA MAHILA SAHAKARA SANGHA (NI) BANDIHALLI, HULIYURUDURGA HOBLI KUNIGAL TALUK, TUMKUR DISTRICT -572123 5. HALU UTHPADAKARA MAHILA SAHAKARA SANGHA (NI) BANDIHALLI, HULIYURUDURGA HOBLI KUNIGAL TALUK, TUMKUR DISTRICT-572123 BY ITS CHIEF EXECUTIVE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS 6. MRS. JAYALKSHMAMMA W/O CHIKKA VARADAIA AGED ABOUT 43 YEARS, R/O VARADEGOWDANA DODDI, BANDIHALLI, TUMKURU DISTRICT-572123. …IMPLEADING APPLICANT (BY SRI. YOGESH D. NAIK., AGAF OR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SMT. MANJULA C., ADVOCATE FOR R5; SRI. SATEESH CHANDRA K.V., FOR IMPLEADING APPLICANT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUM DIRECTING THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R-5 SOCIETY IN THE ELECTION PROPOSED TO BE HELD ON RESPONDENT NO.5 SOCIETY IN THE ELECTION PROPOSED TO BE - 6 - NC: 2025:KHC:9929 WP No. 5259 of 2025 HELD ON 23.05.2025 AS PER CALENDAR OF EVENTS AT ANNX-B ISSUED BY R-4 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus directing the respondent No. 2 to 5 to include the name of the petitioners in the eligible voters list of respondent No.5 society in the election proposed to be held on 23.05.2025 as per calendar of events at Annexure-B issued by R4. b. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 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 1 W.P.No.8502/2022 dated 7.6.2022 *Page No. 6 is retyped and replaced vide Court order dated 04.04.2025 - 7 - NC: 2025:KHC:9929 WP No. 5259 of 2025 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. 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. *Page No.7 is retyped and replaced vide Court order dated 04.04.2025 - 8 - NC: 2025:KHC:9929 WP No. 5259 of 2025 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 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 27 *Page No.8 is added vide Court order dated 04.04.2025