- 1 - NC: 2025:KHC:13116 WP No. 6591 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. 6591 OF 2025 (CS-EL/M) BETWEEN: 1. NAGARAJU G R S/O RAJANNA AGED ABOUT 38 YEARS SHARE NO.140. 2. MARIHONNAIAH S/O HALAGAPPA AGED ABOUT 73 YEARS SHARE NO. 49. 3. NAGICHAUDAMMA W/ SHIVARUDRAIAH AGED ABOUT 63 YEARS SHARE NO. 195. 4. RAMAKKA W/O SHIVANNA AGED ABOUT 53 YEARS SHARE NO. 89. 5. GEETHA G R W/O KANTHRAJU AGED ABOUT 35 YEARS SHARE NO. 170. ALL ARE MEMBERS OF S. GOLLAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THAVEREKERE HOBLI, BANGALORE SOUTH TALUK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13116 WP No. 6591 of 2025 BENGALURU - 562 130. …PETITIONERS (BY SRI SARAVANA S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING BENGALURU - 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR T.T.M.C., 'A' BLOCK, K.H.ROAD SHANTHINAGAR BENGALURU - 560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU SOUTH ELECTION OFFICER MARGOSA ROAD, MALLESWARAM BENGALURU SOUTH - 562 110. 4. THE RETURNING OFFICER S.GOLLAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THAVEREKER SOUTH TALUK BENGALURU - 562 130. 5. S. GOLLAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THAVEREKERE HOBLI BANGALORE SOUTH TALUK BENGALURU - 562130. REPT. BY ITS CHIEF EXECUTIVE OFFICER PRESENTLY BY ITS ADMINISTRATOR (REGISTERED UNDER CO-OPERATIVE - 3 - NC: 2025:KHC:13116 WP No. 6591 of 2025 SOCIETIES ACT) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1, R3 TO R5 SRI T L KIRAN, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ACT OF RESPONDENTS CATEGORIZING THE PETITIONER AS IN- ELIGIBLE VOTER TO 5TH RESPONDENT ELECTIONS 2025-2030 AS PER ANNEXURE-C IS ERRONEOUS ARBITRARY AND ILLEGAL AND ETC., 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13116 WP No. 6591 of 2025 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. 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. - 5 - NC: 2025:KHC:13116 WP No. 6591 of 2025 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 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 MR List No.: 2 Sl No.: 60