- 1 - NC: 2025:KHC:13628 WP No. 5314 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. 5314 OF 2025 (CS-EL/M) BETWEEN: 1. SRI.P.M. JAYANNA S/O MARULAPPA, AGED ABOUT 55 YEARS, R/AT PANCHANAHALLI GRAMA AND HOBLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, SHARE NO.34/174. 2. SRI. P.M. SIDDAPPA, S/O MARULAPPA, AGED ABOUT 60 YEARS, R/AT PANCHANAHALLI GRAMA AND HOBLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, SHARE NO.27/25. 3. SMT. KARIYAMMA, W/O SIDDAPPA, AGED ABOUT 61 YEARS, R/AT PANCHANAHALLI GRAMA AND HOBLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, SHARE NO.34/94. 4. SRI. P.B. RAJAPPA, S/O BASAPPA, AGED ABOUT 61 YEARS, R/AT PANCHANAHALLI GRAMA AND HOBLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, SHARE NO.18/86. 5. SRI. GOVINDAPPA T.R, S/O RANGAPPA, AGED ABOUT 62 YEARS, R/AT PANCHANAHALLI GRAMA AND HOBLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, SHARE NO.34/46. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13628 WP No. 5314 of 2025 6. SRI P.M. SOMASHEKHAR, S/O P.H. MANJUNATH, AGED ABOUT 32 YEARS, R/AT PANCHANAHALLI GRAMA AND HOBLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, SHARE NO.32/32 …PETITIONERS (BY SRI. MAHAMAD TAHIR A.,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, SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD PANCHANAHALLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182, REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, PANCHANAHALLI, KADUR TALUK, CHIKMANGALUR DISTRICT-577182 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-3 AND 4 TO INCLUDE THE NAMES OF - 3 - NC: 2025:KHC:13628 WP No. 5314 of 2025 THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST AND PERMIT THEM TO CONTEST AND CAST THEIR VOTES IN THE ELECTION OF R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02.03.2025 SO FAR AS THESE PETITIONERS ARE CONCERNED 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. Notice to respondent No.3 is dispensed with, in view of the order proposed to be passed. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13628 WP No. 5314 of 2025 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 - 5 - NC: 2025:KHC:13628 WP No. 5314 of 2025 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 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR, List No.: 1 Sl No.: 36