- 1 - NC: 2025:KHC:15624 WP No. 6494 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. 6494 OF 2025 (CS-EL/M) BETWEEN: 1. SURESH, S/O LATE S RAJASHEKARAIAH, AGED ABOUT 58 YEARS, SERIAL NO. 2552. 2. NANJUNDAPPA.K.R, S/O RAJASHEKARAPPA.G, AGED ABOUT 59 YEARS, SERIAL NO.2591. 3. SUSHEELA, W/O BASAVARAJU, AGED ABOUT 62 YEARS, SERIAL NO.2572. 4. REKHA, W/O CHANDRASHEKAR.R, AGED ABOUT 53 YEARS, SERIAL NO. 2574. 5. GOPAL, S/O NARAYANAPPA, AGED ABOUT 69 YEARS, SERIAL NO.2562. 6. MANJULA, W/O Y.MUNIRAJU, AGED ABOUT 51 YEARS, SERIAL NO. 1276. 7. MUNIYAMMA, W/O NARASAPPA, AGED ABOUT 65 YEARS, SERIAL NO. 1279. 8. HAJIRABI, W/O MOHAMMED PASHA. AGED ABOUT 41 YEARS, SERIAL NO. 1773. 9. SALMA, W/O ABDUL KHUDHUS, AGED ABOUT 45 YEARS, SERIAL NO. 1749. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15624 WP No. 6494 of 2025 10. LAKSHMI, W/O B.S. CHANDRAPPA, AGED ABOUT 56 YEARS, SERIAL NO. 11. NAGARAJA.T, S/O N.THAMANNA, AGED ABOUT 60 YEARS, SERIAL NO. 2580. 12. SURESHA. M, S/O MUNINARAYANASWAMY, AGED ABOUT 36 YEARS, SERIAL NO. 2968. 13. JAYAMUNIYAMMA, D/O CHENNAPPA, AGED ABOUT 50 YEARS, SERIAL NO. 2966. 14. MANJULA.T, W/O POOJAYAPPA.M, AGED ABOUT 45 YEARS, SERIAL NO.1213. 15. MUNI NARAYANASWAMY, S/O DODDAMUNIRAMAPPA, AGED ABOUT 60 YEARS, SERIAL NO. 2967. 16. LAKSHMAMMA, W/O BYRAPPA, AGED ABOUT 59 YEARS, SERIAL NO. 218. 17. KANTHA BAI, W/O MAHADEV RAO, AGED ABOUT 63 YEARS, SERIAL NO. 3095. 18. PRAKASH.T, S/O THAMMANNA.N, AGED ABOUT 56 YEARS, SERIAL NO. 4054. 19. MANJUNATHA.T, S/O THAMANNA N, AGED ABOUT 54 YEARS, SERIAL NO. 4052. 20. RAMANJINI, S/O THAMMANNA.N, AGED ABOUT 52 YEARS, SERIAL NO. 4053. - 3 - NC: 2025:KHC:15624 WP No. 6494 of 2025 21. B.M.ANIL KUMAR, S/O B.MUNIYAPPA, AGED ABOUT 40 YEARS, SERIAL NO.395. 22. B.CHANNAKESHAVA, S/O BYRAPPA, AGED ABOUT 42 YEARS, SERIAL NO.1552. 23. NAGARAJ B M, S/O KEMPAMMA, AGED ABOUT 41 YEARS, SERIAL NO. 3452. 24. RATHNAMMA, D/O VENKATARAMANAPPA, AGED ABOUT 58 YEARS, SERIAL NO. 221. 25. CHANDRASHEKAR, S/O KRISHNAPPA B V, AGED ABOUT 72 YEARS, SERIAL NO. 467. 26. RADHA R, W/O KUMAR K, AGED ABOUT 35 YEARS, SERIAL NO. 3949. 27. MUNIYAMMA, W/O LATE KRISHNAPPA, AGED ABOUT 75 YEARS, SERIAL NO. 3950. 28. RAMESH M, S/O MUNIYAPPA, AGED ABOUT 48 YEARS, SERIAL NO. 1797. 29. RAMESH H R, S/O RAMAPPA, AGED ABOUT 56 YEARS, SERIAL NO. 517. 30. H P SHAMAPPA, S/O PILLAPPA, AGED ABOUT 53 YEARS, SERIAL NO. 516. 31. LAKSHMAMMA, W/O VENKATA GOWDA B R, AGED ABOUT 41 YEARS, SERIAL NO. 3774. - 4 - NC: 2025:KHC:15624 WP No. 6494 of 2025 32. NAGAMMA, W/O LATE VENKATESH, AGED ABOUT 55 YEARS, SERIAL NO. 3588. 33. AVINASH B V, S/O VENKATESH B M, AGED ABOUT 34 YEARS, SERIAL NO. 3587. 34. B S CHANDRAPPA, S/O SRI RAMAPPA, AGED ABOUT 67 YEARS, SERIAL NO. 3700. 35. VIJAY KUMAR B V, S/O VENKATESH, AGED ABOUT 32 YEARS, SERIAL NO. 3586. 36. RAJESHWARI, W/O SHYAMAPPA H P, AGED ABOUT 46 YEARS, SERIAL NO. 367. 37. KAVITHA R, W/O B CHANNAKESHAVA, AGED ABOUT 37 YEARS, SERIAL NO. 2530. ALL ARE MEMBERS OF PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI. BIDARAHALLI EAST TALUK-560 049, BENGALURU URBAN DISTRICT. …PETITIONERS (BY SRI JAI PRAKASH REDDY M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER, SAHAKARA SOUDHA, MARGOSA ROAD, MALLESHWARAM-560 003, BENGALURU. - 5 - NC: 2025:KHC:15624 WP No. 6494 of 2025 3. THE RETURNING OFFICER, PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI. BIDARAHALLI, EAST TALUK-560 049, BENGALURU URBAN DISTRICT. 4. THE CO-OPERATIVE ELECTION AUTHORITY, CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027. BY ITS COMMISSIONER. 5. THE PRATHAMAIKA KRISHI PATHINA SAHAARA SANGHA NI. BIDARAHALLI, EAST TALUK-560 049. BENGALURU URBAN DISTRICT, BY ITS CHIEF EXECUTIVE OFFICER, SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1 TO R-3; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-4; SRI CHANDAN B.K, ADVOCATE FOR R-5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND CONDUCT THE ELECTIONS TO THE MANAGING COMMITTEE OF RESPONDENT NO.5 SOCIETY AS PER THE CALENDAR OF EVENTS DATED 21-02-2025 PROPOSING TO HOLD THE ELECTIONS ON 09-03-2025 AS PER ANNEXURE-B ISSUED BY RESPONDENT NO.3. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 6 - NC: 2025:KHC:15624 WP No. 6494 of 2025 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 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 - 7 - NC: 2025:KHC:15624 WP No. 6494 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 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 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 - 8 - NC: 2025:KHC:15624 WP No. 6494 of 2025 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 timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 73