- 1 - NC: 2025:KHC:14606 WP No. 6285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6285 OF 2025 (CS-EL/M) BETWEEN: 1. SRI THANUJKUMAR C S/O CHANDRU, AGED ABOUT 31 YEARS, NANDHANA NURSERY, LALBAGH SIDDAPURA, BENGALURU- 560011. 2. C M. MUNIVENKATAPPA, S/O CKIKKA MUNI SWAMAPPA, AGED ABOUT 78 YEARS, SHIVA NURSERY GARDENS, 2ND CROSS, PALASANDRA, LAYOUT, KOLAR- 563101. 3. SMT.BHAGYAMMA, W/O MANJUNATHA M, AGED ABOUT 40 YEARS, MANJUNATHA NURSERY BURAGANAHALLI, GANDLAHALLI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT- 563126. 4. SRINIVASAPPA, S/O NARAYANAPPA, AGED ABOUT 62YEARS, ANAND NURSERY, BURAGANAHALLI, GANDLAHALLI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT- 563126. 5. MANJUNATH M, S/O M. MUNIVENKATAPPA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14606 WP No. 6285 of 2025 AGED ABOUT 48 YEARS, VENKATESHWARA SWAMY NURSERY, BURAGANAHALLI, GANDLAHALLI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT- 563126. 6. V. PRASANNA KUMAR, P. VENKATA RAMANA REDDY, AGED ABOUT 58 YEARS, BOMMASANDRA INDUSTRIAL AREA, ANEKAL TALUK, BANGALORE- 560099. 7. K VENKATESH, S/O KRISHNAPPA, AGED ABOUT 69 YEARS, PRITHVI NURSERY, 514, OASIS RESIDENCY APARTMENT, 15TH MAIN ROAD, 5TH PHASE, JP NAGAR, BENGALURU-560078. 8. BT SUBRAMANI, S/O THAYAPPA TAYAPPA GARDEN, HEMA NURSERY, NO. 345/2, BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU- 560076. 9. PALANI VELU, S/O AMUGHAM, AGED ABOUT 72 YEARS, FLOWERS PETALS NURSERY, SURYA RATHNA AVENUE, 51/25 RICHMOND ROAD, BANGALORE- 560025. 10. VENKATTAPPA. E, S/O EERAPPA, AGED ABOUT 70 YEARS, KAVERI NURSERY, AVALAHALLI, ANEKAL TALUK, HUSKUR POST, BENGALURU 560099. 11. SMT. SHARADAMMA, W/O BASAVALINGAPPA, - 3 - NC: 2025:KHC:14606 WP No. 6285 of 2025 AGED ABOUT 73 YEARS, NETHRAVATHI NURSERY, TB CROSS, KODAGI THIRUMALAPURA, HESARAGHATTA MAIN ROAD, BANGALORE NORTH-560089. 12. L. CHANDRASHEKAR, S/O LAKSHMANA REDDY, AGED ABOUT 54YEARS, CHANDANA FARM NURSERY, KOLUR VILLAGE, RAMOHALLI POST, MYSORE ROAD, BENGALURU- 560074. 13. C. MURALI, S/O T CHANDRALAH, AGED ABOUT 57YEARS, CHANDRA FARM AND NURSERY, 72, 3RD MAIN, SWAMI VIVEKANANDA LAYOUT, MOTHNAHALLUR CROSS, SULIKUNTE, DOMMASANDRA POST, BENGALURU- 562125. 14. HS SHANKRAPPA S/O SHIVARUDRAPPA, AGED ABOUT 47YEARS, SIDDALINGESHWARA NURSERY, HAROKYATHANAHALLI, MAKALI POST, DASANAPURA HOBLI, BENGALURU-562123. 15. N SHANKAR, S/O NANJAIAH, AGED ABOUT 61YEARS, VANASHREE NILAYA, DOOR NO. 1310, 6TH CROSS, TAVARAGERE, MANDYA-571405. 16. DR MURALI, S/O D G RAMACHANDRAIAH SHETTY, AGED ABOUT 56YEARS, VINAYAKA ENTERPRISES, 6/1F1, 13TH CROSS, 8TH MAIN, MALLESHWARAM, BENGALURU- 560003. 17. KS SOMASHEKAR, S/O SHIVANNA, - 4 - NC: 2025:KHC:14606 WP No. 6285 of 2025 DHARSHANA ROSE GARDEN AND NURSERY, AGED ABOUT 64 YEARS, KETHOHALLI, CHUNCHANA KUPPE POST, THAVAREKERE HOBLI, BENGALURU SOUTH TALUK-562130. 18. DEVARAJU, S/O LATE APPURAO, AGED ABOUT 74 YEARS, SANTHOSH FARM NURSERY, PUNUGUMARANHALLI, CHUNCHANA KUPPE POST, THAVAREKERE HOBLI, BENGALURU -562130. 19. SMT.B GIRIJA, W/O V CHOWDA REDDY, AGED ABOUT 47 YEARS, SHRI CHOWDESHWARI HORTICULTURE, NURSERY, KOLLUR, SHRINIVASAPURA TAKUK, KOLAR-515331. 20. J H NANJUNDAPPA, S/O HALAPPA J P, AGED ABOUT 82YEARS, TEJASWI FARM and NURSERY, 178/2, RAMASANDRA, KOMMAGHATTA ROAD, RAMASANDRA, KENGERI HOBLL, BENGALURU-560060. 21. MUNITANJAPPA, S/O ANNAYYAPPA, AGED ABOUT 64 YEARS, ANNYYAPPA GARDEN NURSERY, JAKKASANDRA, (NEAR TANK BRIDGE), KORAMANGALA 1ST BLOCK, SARJARPUR ROAD, BENGALURU- 560034 22. A MUNIRAJU, S/O ANNAYAPPA, AGED ABOUT 66 YEARS, A MUNIRAJU GARDEN NURSERY, ITTANAGUR VILLAGE, ANEKAL TALUK, - 5 - NC: 2025:KHC:14606 WP No. 6285 of 2025 SARJAPUR HOBLI, BENGALURU RURAL DISTRICT-562125. 23. SMT. SADATH WAJID W/O SYED ABDUL WAJID, AGED ABOUT 71YEARS, SHEBA GARDENS, IB ROAD, HOSKOTE, BENGALURU- 562114. 24. H VENKATESH S/O HUCHHAIAH, AGED ABOUT 69 YEARS, SRI. KENGAL HANUMANTHRAYA NURSERY, NO.11, NIRANJAN CENTRAL APARTMENTS, KH LAYOUT, TAVAREKERE, BENGALURU-560029. 25. SV SURYANARAYANA RAJU, 5/0 RAJENDRA SURYA PRASAD, AGED ABOUT 53 YEARS, SURYA HI-TECH NURSERY, KURUGODU, BELLARY- 583116. 26. SMT. LALITHAMBIKA, W/O SURYANARAYANA RAJU, AGED ABOUT 38 YEARS, LALITHA GARDENS, KURUGODU, BELLARY-583101. 27. C NARAYANA GOWDA S/O CHIKANNA, AGED ABOUT 80 YEARS, KARNATAKA HYBRID CROTON NURSERY, LALBAGH SIDDAPURA, BENGALURU 560011. 28. GN NAGARAJ S/O G NANJAPPA, AGED ABOUT 70 YEARS, PARVATHI NURSERY AND FARM, NO.15 BH ROAD, ABHILASH HOUSE GOURIBIDNURU, CHIKKABALLAPURA DISTRICT 561208. 29. S N VIJAYKUMAR, S/O D NARAYAN GOWDA, - 6 - NC: 2025:KHC:14606 WP No. 6285 of 2025 AGED ABOUT 65 YEARS, D NARAYAN GOWDA NURSERY, 80/1, H SIDDALAH ROAD, BENGALURU-560027. 30. L KRISHNAPPA S/O APPAJAPPA, AGED ABOUT 82 YEARS, AMAR GARDEN, NO.641, GRAPE GARDEN, JALAHALLI, BENGALURU 560013. 31. LAKSHMALAH S/O THIMALAH, AGED ABOUT 76 YEARS, BEERESHWARA ROSE FARM NURSERY, BHEEMANA KUPPE, RAMOHALLI POST, KENGERL HOBLI, BENGALURU SOUTH TALUK-560060. …PETITIONERS (BY PROF. RAVIVARMA KUMAR., SR. ADVOCATE FOR SMT. G. SHARADA BAI., ADVOCATE) AND: 1. ELECTION OFFICER CO-OPERATIVE ELECTION AUTHORITY AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, III BLOCK, TTMC 'A' BLOCK SHANTHINAGAR, BENGALURU 560 027. 2. THE NURSERYMEN CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, LALBAGH, BENGALURU - 560 004. (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 3. RETURNING OFFICER FOR THE NURSERYMEN CO-OPERATIVE SOCIETY LTD., LALBAGH, BENGALURU-560004. …RESPONDENTS (BY SRI. MUHAMMAD SHAMIL., ADVOCATE FOR C/R2; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R1; SRI. YOGESH D NAIK., AGA FOR R3; SRI. K. CHANDRAMOHAN., ADVOCATE FOR R2) - 7 - NC: 2025:KHC:14606 WP No. 6285 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, TO DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONERS IN THE LIST OF ELIGIBLE VOTERS AND TO ALLOW THEM TO CAST THEIR VOTES AT THE ELECTION SCHEDULED TO BE HELD PURSUANT TO NOTIFICATION DTD 20.02.2025 (ANNX- A) 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. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:14606 WP No. 6285 of 2025 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. 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 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 - 9 - NC: 2025:KHC:14606 WP No. 6285 of 2025 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.: 0