- 1 - NC: 2025:KHC:12440 WP No. 6165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6165 OF 2025 (CS-EL/M) BETWEEN: 1. YATHISH KUMAR N C S/O CHIKAMOGA AGED ABOUT 40 YEARS, 2. SATHISH KUMAR N C S/O CHIKAMOGA AGED ABOUT 44 YEARS, 3. SAVITHA H S W/O SATISH KUMAR N C AGED ABOUT 34 YEARS, ALL ARE R/AT ALURU, NEELAKANTA HALLI MADHUR TALUK MANDYA DISTRICT - 571 433 …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING, BANGALORE - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTINAGARM BANGALORE - 560027 REPRESENTED BY ITS SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12440 WP No. 6165 of 2025 3. NEELAKANTAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO OPERATIVE SOCIETY MADHUR TALUK MANDYA DISTRICT - 571433 A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 REPRESENTED BY ITS CEO 4. THE RETURNING OFFICER NEELAKANTAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO OPERATIVE SOCIETY, MADHUR TALUK MANDYA DISTRICT - 571 433 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. SIDDHARTH B MUCHANDI, ADVOCATE FOR R3) THIS W.P. 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 ELIGIBLE LIST FOR THE UPCOMING ELECTIONS SCHEDULED ON 09/03/2025 AND PERMIT THE PETITIONER NO.1 TO CONTEST/VOTE AND PETITIONER NOS.2-3 TO VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY SCHEDULED ON 09/03/2025, GRANT AN INTERIM ORDER TO PERMIT THE PETITIONER NO.1 TO CONTEST AND PETITIONER NOS.2-3 TO CAST THEIR VOTES IN THE ELECTION TO THE BOARD OF RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09/03/2025 IN SO FAR AS THE PETITIONERS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. 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 - 3 - NC: 2025:KHC:12440 WP No. 6165 of 2025 ORAL ORDER 1. This Court by way of various interim order 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 - 4 - NC: 2025:KHC:12440 WP No. 6165 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 of 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 of 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 - 5 - NC: 2025:KHC:12440 WP No. 6165 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 AMM List No.: 1 Sl No.: 70