- 1 - NC: 2025:KHC:12881 WP No. 6805 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. 6805 OF 2025 (CS-EL/M) BETWEEN: 1. MAHESH. N. B. AGED ABOUT 35 YEARS, R/AT.NEELAKANTANAHALLI VILLAGE, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571433 2. SUMANTH N.R, S/O RAMACHANDRAIAH N.M, AGED ABOUT 35 YEARS, R/AT. CHANDANA NILAYA, NEAR ST ANNES CONVENT, 3RD MAIN ROAD, K.H. NAGARA, MADDUR TOWN, MADDUR, MANDYA DISTRICT-571428. 3. CHIKKAMOGA N.M, S/O MAYANNA, AGED ABOUT 36 YEARS, R/AT. NEELAKANTANAHALLI VILLAGE, ALURU POST, MADDUR TALUK, MANDYA DISTRICT-571433. 4. NAVEEN KUMAR N.M, S/O B. MAYANNA, AGED ABOUT 43 YEARS, R/AT.NEELAKANTANAHALLI VILLAGE, SECOND STREET, ALURU POST, MADDUR TALUK, MANDYA DISTRICT-571433. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12881 WP No. 6805 of 2025 5. KEMPARAJU N.S, S/O SHIVANNA, AGED ABOUT 35 YEARS, R/AT. NEELAKANTANAHALLI VILLAGE, ALURU POST, MADDUR TALUK, MANDYA DISTRICT-571433. …PETITIONERS (BY SRI. SATHISHA D J., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPORTMENT OF CO-OPERATION, REPRESENTED BY PRINCIPAL SECRETARY, M.S. BUILDING, BANGALORE-560001 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY SECRETARY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027. 3. NEELAKANTAHALLI MULTIPURPOSE PRIMARY, RURAL AGRICULTURAL CO-OPERATIVE SOCIETY, REPRESENTED BY CHIEF EXECUTIVE OFFICER, MADDUR TALUK, MANDYA DISTRICT-571433. A SOCIETY REGISTERED UNDER KARNATAKA, CO-OPERATIVE SOCIETIES ACT-1959. 4. THE RETURNING OFFICER, NEELAKANTAHALLI MULTIPURPOSE PRIMA RURAL AGRICULTURAL CO-OPERATIVE SOCIETY, MADDUR TALUK, MANDYA DISTRICT-571433. …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) - 3 - NC: 2025:KHC:12881 WP No. 6805 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASHING THE ANNEXURE -B ELECTION NOTIFICATION AND CALENDAR OF EVENTS DATED 21.02.2025 AND ELECTION SCHEDULED FIXED ON 09.03.2025 BY THE R-4 TO THE EXTENT OF PETITIONERS ARE CONCERNED FOR NON BORROWER CONSTANCY -1 POST IS CONCERNED. THIS 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:12881 WP No. 6805 of 2025 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. 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. - 5 - NC: 2025:KHC:12881 WP No. 6805 of 2025 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 AMM List No.: 1 Sl No.: 10