- 1 - NC: 2025:KHC:10735 WP No. 6625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6625 OF 2025 (CS-EL/M) BETWEEN: 1. CHANDRASHEKAR S/O LATE BHARGAVATTEYA, AGED ABOUT 40 YEARS, R/A NO.28, 2. J.B.MUTTURAJ S/O KALAMMA, AGED ABOUT 40 YEARS, 3. H.MUTTURAJU S/O ONNAHJAIYAH, AGED ABOUT 42 YEARS, 4. JAYAMMA W/O HOMBAIAH, AGED ABOUT 60 YEARS, R/A NO.18, 5. GANGAMMA AGED ABOUT 50 YEARS, W/O NAGARAJ, 6. LAKSHMANA MURTHY S/O VENKETESHAIYAH, AGED ABOUT 40 YEARS, R/A NO.111, 7. UMESH S/O VENKETESHAIYAH, AGED ABOUT 38 YEARS, R/A NO.111, 8. RANGAMMA W/O VENKETESHAIYAH, AGED ABOUT 68 YEARS, R/A NO.111, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10735 WP No. 6625 of 2025 9. G.R.KUMAR S/O REVENNAA, AGED ABOUT 50 YEARS, 10. SHESHIKALLA W/O G.R.KUMAR, AGED ABOUT 40 YEARS, 11. KRISHNAIYAH S/O PAPPANNA, AGED ABOUT 54 YEARS, R/A NO.83, 12. PUTTASWAMY S/O MARAKKA, AGED ABOUT 51 YEARS, R/A NO.28, 13. GANGADHARSWAMY S/O MUTTUMARIYAH, AGED ABOUT 54 YEARS, ALL ARE R/A S. GOLLAHALLI, CHILKANAHAALL POST, TAVEREKERE HOBLI, BENGALURU SOUTH-562130 …PETITIONERS (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO OPERATION M. S BUILDING, DR AMBEDKAR VEEDHI BANGALORE 560001 2. THE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR BANGALORE 560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER - 3 - NC: 2025:KHC:10735 WP No. 6625 of 2025 DISTRICT ADMINSITRATIVE BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BANGALORE 560110 4. THE RETURNING OFFICER S GOLAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY CHIKKANAHALLI POST, TAVAREKERE HOBLI, BANGALORE – 562130 5. S GOLAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY CHIKKANAHALLI POST, TAVAREKERE HOBLI, BANGALORE - 562130 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER PRESENTLY BY ITS ADMINISTRATOR …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. A.C. BALARAJ., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO 4 FOR THE ELECTION TO THE RESPONDENT NO 5 SOCIETY TO THE ELECTION TO BE HELD ON 09/03/2025, PRODUCED AT ANNEXURE-D 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 - 4 - NC: 2025:KHC:10735 WP No. 6625 of 2025 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 announcement of the results by counting even the votes cast by the petitioners. 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:10735 WP No. 6625 of 2025 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 in each of the above matters 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 each of the above matters. 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. - 6 - NC: 2025:KHC:10735 WP No. 6625 of 2025 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 PRS List No.: 1 Sl No.: 32