- 1 - NC: 2025:KHC:13117 WP No. 5876 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. 5876 OF 2025 (CS-EL/M) BETWEEN: RANGASWAMY S/O. REVANNASHETTY AGED ABOUT 54 YEARS R/AT: HUVINAHALLI KAVAL KUPPALLI, BELUR ROAD, HASSAN - 573 117. …PETITIONER (BY SRI VIJAY KUMAR T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY CO-OPERATION DEPARTMENT KARNATAKA GOVERNMENT SECRETARIAT ROOM No. 610, 3RD GATE 6TH FLOOR, M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR T.T.M.C., KHB ROAD BENGALURU - 560 002. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES No. 1, ALI-ASKAR ROAD BENGALURU 560 052. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13117 WP No. 5876 of 2025 REPRESENTED BY REGISTRAR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RETURNING OFFICER PUBLIC OFFICE BUILDING OPP. CORPORATION OFFICE NEW SAYYAJI RAO ROAD MYSURU - 570 024. 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES JANATHA BAJAR BUILDING ARALIKATTE CIRCLE HOUSING BOARD EXTENSION HASSAN TOWN AND DISTRICT - 573 201. 6. RETURNING OFFICER HOOVINAHALLI KAVALU MILK PRODUCER'S CO-OPERATIVE SOCIETIES' LTD., KASABA HOBLI, HASSAN TALUK-573 217. 7. HOOVINAHALLI KAVALU MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., KASABA HOBLI, HASSAN TALUK - 573 217. (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959). …RESPONDENTS (BY SRI YOGESH D NAIK, ADDL. GOVERNMENT ADVOCATE FOR R1, R3 TO R6 (MA NOT FILED) SRI T L KIRAN KUMAR, ADVOCATE FOR R2 (VK NOT FILED) SRI NAVEEN J.N. FOR RESPONDENT NO.7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE UNNUMBERED IMPUGNED NOTICE OF ELECTIONS SCHEDULE DATED 11/02/2025 ISSUED BY THE 6TH RESPONDENT TO CONDUCT THE ELECTION TO THE 7TH RESPONDENT/ HOOVINAHALLI KAVALU MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., KASABA HOBLI, HASSAN TALUK TO BE HELD ON 02-03-2025, VIDE ANNEXURE-A AND ETC., - 3 - NC: 2025:KHC:13117 WP No. 5876 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioner who was declared to be ineligible voters to cast his vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioner 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13117 WP No. 5876 of 2025 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 petitioner. 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 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 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, - 5 - NC: 2025:KHC:13117 WP No. 5876 of 2025 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 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 MR List No.: 2 Sl No.: 55