- 1 - NC: 2025:KHC:15626 WP No. 6641 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. 6641 OF 2025 (CS-EL/M) BETWEEN: 1. KRISHNAPPA B. M., S/O BYRANNA, AGED ABOUT 65 YEARS, SERIAL NO. 1660. 2. YATEEP KUMAR, S/O KRISHNAPPA B M , AGED ABOUT 36 YEARS, SERIAL NO. 1661. 3. SANDEEPA M K, S/O B M KRISHNAPPA, AGED ABOUT 42 YEARS, SERIAL NO.1662. 4. SHIVARAJ M A, S/O ANJINAPPA, AGED ABOUT 53 YEARS, SERIAL NO. 1668. 5. NANDISHA GOWDA M N, S/O NARAYANAPPA, AGED ABOUT 43 YEARS, SERIAL NO.2905. 6. C PADMA, W/O Y.MUNIRAJU, AGED ABOUT 47 YEARS, SERIAL NO. 2906. 7. ASHA A M, W/O NANDEESH GOWDA M N, AGED ABOUT 65 YEARS, SERIAL NO. 1279. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15626 WP No. 6641 of 2025 8. PAPANNA, S/O BACHANNA, AGED ABOUT 55 YEARS, SERIAL NO. 2668. 9. NAGARATHNAMMA, W/O PAPANNA, AGED ABOUT 52 YEARS, SERIAL NO. 2693. 10. MANJUNATH C, S/O CHANNABASAPPA, AGED ABOUT 44 YEARS, SERIAL NO.475. 11. CHANNAKESHAVA, S/O NANJUNDAPPA, AGED ABOUT 47 YEARS, SERIAL NO. 472. 12. SHARADHAMMA, W/O B M KOTAPA, AGED ABOUT 64 YEARS, SERIAL NO. 2631. 13. SHIVANNA B M, S/O MUNISWAMAPPA, AGED ABOUT 49 YEARS, SERIAL NO. 1481. 14. KALE GOWDA, S/O CHANNAPPA, AGED ABOUT 42 YEARS, SERIAL NO.2639. 15. CHANNAPPA, S/O MUNISHAMAPPA, AGED ABOUT 61 YEARS, SERIAL NO. 2638. 16. NARAJ D S, S/O SONNAPPA, AGED ABOUT 54 YEARS, SERIAL NO. 2637. - 3 - NC: 2025:KHC:15626 WP No. 6641 of 2025 17. ROOPA, W/O NARAJA D S, AGED ABOUT 42 YEARS, SERIAL NO. 2665. 18. MUNIRAJU B K, S/O MUNIKRISHNAPPA, AGED ABOUT 56 YEARS, SERIAL NO. 481. 19. PRASAD B R, S/O RAJANNA B M, AGED ABOUT 37 YEARS, SERIAL NO. 2614. 20. RUDRAPPA B, S/O BASAPPA, AGED ABOUT 82 YEARS, SERIAL NO. 225. 21. BHUVANESHWARI, W/O RAJASHEKAR T, AGED ABOUT 45 YEARS, SERIAL NO.2620. 22. RAJASHEKARA T, S/O THIMMAPPA, AGED ABOUT 49 YEARS, SERIAL NO.2618. 23. MARALASIDDA M P, S/O BASAVALINGAPPA, AGED ABOUT 45 YEARS, SERIAL NO. 2617. 24. B V VISHWANATH, S/O VEERABHADRAPPA, AGED ABOUT 58 YEARS, SERIAL NO. 473. 25. MUDDEGOWDA B K, S/O KRISHNAPPA, AGED ABOUT 51 YEARS, SERIAL NO.1087. - 4 - NC: 2025:KHC:15626 WP No. 6641 of 2025 26. SAMPANTH KUMAR, S/O ANJINAPPA, AGED ABOUT 51 YEARS, SERIAL NO. 2677. 27. PAVITHRA, W/O VENKATESH, AGED ABOUT 45 YEARS, SERIAL NO. 2615. 28. SUBRAMANYA SWAMY B, S/O ANJINAPPA, AGED ABOUT 55 YEARS, SERIAL NO. 2679. 29. MANJULA C, S/O SUBRAMANYA SWAMY B, AGED ABOUT 50 YEARS, SERIAL NO. 2678. 30. PRASHANTH KUMAR M, S/O MUNIYAPPA, AGED ABOUT 42 YEARS, SERIAL NO.2590. 31. BASAVARAJ, S/O VEERABHADRAPPA, AGED ABOUT 54 YEARS, SERIAL NO. 470. 32. RAMACHANDRA, S/O GOVINDAPPA, AGED ABOUT 53 YEARS, SERIAL NO.1482. 33. SUDHA G, D/O GURUSHANTHAPPA, AGED ABOUT 55 YEARS, SERIAL NO.2619. 34. NARENDRA KUMAR N, S/O NAGESHWARAIAH, AGED ABOUT 37 YEARS, SERIAL NO. 2696. - 5 - NC: 2025:KHC:15626 WP No. 6641 of 2025 35. RADHA M, W/O SHIVAKUMAR B M, AGED ABOUT 41 YEARS, SERIAL NO. 2610. 36. NAGESHWARAIAH, S/O ANNAIAH, AGED ABOUT 65 YEARS, SERIAL NO. 2692. 37. MANJUNATH C, S/O CHANNABASAPPA, AGED ABOUT 44 YEARS, SERIAL NO. 2671. 38. RAVI KUMAR B L, S/O LAKSHMAN, AGED ABOUT 37 YEARS, SERIAL NO. 2695. 39. NETHRAVATHI, W/O DHANAJAYA, AGED ABOUT 44 YEARS, SERIAL NO. 332. 40. A M RAJASHEKAR, S/O THIMMAPPA T C, AGED ABOUT 35 YEARS, SERIAL NO. 2618. 41. VANJAKSHI S W/O SHIVAKUMAR T, AGED ABOUT 54 YEARS, SERIAL NO. 1535. 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) - 6 - NC: 2025:KHC:15626 WP No. 6641 of 2025 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 RAOD, MALLESHWARAM-560 004. BENGALURU. 3. THE RETURNING OFFICER, PRATHAMIKA KRISHI PATHINA SAHAKARA SNAGHA 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 SAHAKARA 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 WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA 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 R5 SOCIETY AS PER THE CALENDAR OF EVENT DATED 21/02/2025 PROPOSING TO HOLD THE ELECTIONS ON 09/03/2025 AS PER ANNEXURE-B ISSUED BY R-3. - 7 - NC: 2025:KHC:15626 WP No. 6641 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:15626 WP No. 6641 of 2025 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 Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised - 9 - NC: 2025:KHC:15626 WP No. 6641 of 2025 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 timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 76