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2025 DAILYLAW 19783 (KAR)

SMT.SIDDAMMA v. THE STATE OF KARNATAKA

WP/6827/2025 · 2025-04-03

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:16290 WP No. 6827 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. 6827 OF 2025 (CS-EL/M) BETWEEN: 1. SMT.SIDDAMMA, AGED ABOUT 70 YEARS, W/O. B.M.MADEGOWDA, SHARE NO.13/1. 2. SRI. BILAGEGOWDA, AGED ABOUT 80 YEARS, S/O. KARAGANA LINGEGOWDA, SHARE NO.68/1. 3. SRI.MALLEGOWDA @ BHATTA, AGED ABOUT 78 YEARS, S/O.GEDDE DASANA MALLEGOWDA, SHARE NO.73/1. 4. SRI. MADAIAH, AGED ABOUT 62 YEARS, S/O. LINGEGOWDA @ MOLLEGOWDA, SHARE NO.76/1. 5. SRI.S.MADAIAH, AGED ABOUT 63 YEARS, S/O. SUBBEGOWDA, SHARE NO.87/1. 6. SRI.KALEGOWDA, AGED ABOUT 82 YEARS, S/O. ERNA JAVAREGOWDA, SHARE NO.95/1. 7. SMT.LINGAMMA @ JAYAMMA, AGED ABOUT 80 YEARS, W/O. BADRI BASAVEGOWDA, SHARE NO.99/1. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16290 WP No. 6827 of 2025 8. SMT. BASAMMA, AGED ABOUT 80 YEARS, W/O. LATE BASAVEGOWDA, SHARE NO.131/1. 9. SRI. MADAIAH @ MOLLE, AGED ABOUT 61 YEARS, S/O. JUNJEGOWDNA PUTTEGOWDA, SHARE NO.138/1. 10. SRI. MALLEGOWDA, AGED ABOUT 70 YEARS, S/O. HOTTEKALEGOWDA, SHARE NO.155/1. 11. SMT.SARASWATHAMMA, AGED ABOUT 60 YEARS, W/O. PUTTEGOWDA, SHARE NO.157/1. 12. SRI.D.H.PUTTASWAMACHARI, AGED ABOUT 62 YEARS, S/O. HONNACHARI @ KONDADACHARI, SHARE NO.158/1. 13. SRI. PUTTAIAH, AGED ABOUT 67 YEARS, S/O. NANJAIAH @ MADDUREGOWDA, SHARE NO.160/1. 14. SRI.MARIMADAIAH, AGED ABOUT 65 YEARS, S/O. JAVAREGOWDA (HUNDI), SHARE NO.173/1. 15. SRI. KENCHEGOWDA, AGED ABOUT 62 YEARS, S/O. LATE. DODDAIAH, SHARE NO.104/2. 16. SRI.NINGAIAH @ NINGEGOWDA, AGED ABOUT 60 YEARS, S/O. DODDAIAH, SHARE NO. 113/2. - 3 - NC: 2025:KHC:16290 WP No. 6827 of 2025 17. SRI. NAGEGOWDA, AGED ABOUT 75 YEARS, S/O. GENDEDASANA MALLEGOWDA, SHARE NO.115/2. 18. SRI. D.CHIKKANNA, AGED ABOUT 56 YEARS, S/O. DODDAPUTTEGOWDA, SHARE NO.122/2. 19. SRI.MADAIAH, AGED ABOUT 60 YEARS, S/O. SAPPEGOWDA @ MALLEGOWDA, SHARE NO.162/2. 20. SRI.NAGEGOWDA, AGED ABOUT 55 YEARS, S/O. SAPPE KULLEGOWDA, SHARE NO.164/2. 21. SRI. LINGAIAH (ELANEERU), AGED ABOUT 63 YEARS, S/O. SUBBEGOWDA, SHARE NO.166/2. 22. SRI. NANJAIAH, AGED ABOUT 64 YEARS, S/O. KRAGEGOWDA, SHARE NO.168/2. 23. SRI. MARIMADAIAH, AGED ABOUT 63 YEARS, S/O. KARAGANA LINGEGOWDA, SHARE NO.132/2. 24. SRI. MADAIAH, AGED ABOUT 65 YEARS, S/O. ERAIAH, SHARE NO.140/2. 25. SMT. MAHADEVAMMA, AGED ABOUT 56 YEARS, W/O. P.M.JAVAREGOWDA, SHARE NO.181/2. - 4 - NC: 2025:KHC:16290 WP No. 6827 of 2025 26. SMT. LINGAMMA, AGED ABOUT 62 YEARS, W/O. KARAGEGOWDA, SHARE NO.187/2. 27. SMT. NAGAMMA, AGED ABOUT 63 YEARS, W/O. MADEGOWDA, SHARE NO.194/2. 28. MUGASIDDAMMA, AGED ABOUT 75 YEARS, W/O.LATE REVANNA, SHARE NO.154/3. 29. SMT. LAKSHMAMMA, AGED ABOUT 48 YEARS, W/O. LATE REVANNA, SHARE NO.154/3. 30. SRI. MARILINGAIAH, AGED ABOUT 56 YEARS, S/O. LATE JAVARAIAH, SHARE NO.167/3. 31. SMT. NINGAMMA, AGED ABOUT 57 YEARS, W/O. GURUMALLAIAH, SHARE NO.174/3. 32. SMT. RATHNAMMA, AGED ABOUT 60 YEARS, W/O. LATE.GURUBASAPPA, SHARE NO.175/3. 33. SRI. BASAVANNA, AGED ABOUT 47 YEARS, S/O. DOLLEGOWDA, SHARE NO.176/3. 34. SMT. RUDRAMMA, AGED ABOUT 70 YEARS, W/O. KALEGOWDA, SHARE NO.178/3. - 5 - NC: 2025:KHC:16290 WP No. 6827 of 2025 35. SMT. SUNANDA, AGED ABOUT 45 YEARS, W/O. CHIKKUNDU, SHARE NO.185/3. 36. SMT. GOWRAMMA, AGED ABOUT 58 YEARS, W/O.LATE SIREGOWDA, SHARE NO.197/3. 37. SRI. NAGAIAH, AGED ABOUT 60 YEARS, S/O.CHIKKALINGEGOWA, SHARE NO.200/3. 38. SMT. RATHNAMMA, AGED ABOUT 55 YEARS, W/O. CHUNCHEGOWDA G.M, SHARE NO.5/4. 39. SRI. NAGARAJU A, AGED ABOUT 43 YEARS, S/O. ANJANEYA @ MARIGOWDA, SHARE NO.20/4. 40. SMT. SHIVANANJAMMA, AGED ABOUT 58 YEARS, W/O. LATE LINGAIAH, SHARE NO.28/4. 41. SRI. EREGOWDA, AGED ABOUT 60 YEARS, S/O. MAYIGOWDA, SHARE NO.40/4. 42. SRI.K. BASAVARAJU, AGED ABOUT 45 YEARS, S/O. KEMPAIAH, SHARE NO.43/4. 43. SMT.NINGAMMA @ MARIKALAMMA, AGED ABOUT 65 YEARS, W/O. LATE MALEGOWDA, SHARE NO.47/4. - 6 - NC: 2025:KHC:16290 WP No. 6827 of 2025 44. SRI. JAVAREGOWDA, AGED ABOUT 62 YEARS, S/O. LATE MUGAJAVAREGOWDA, SHARE NO.50/4. 45. SMT. MANGALAMMA, AGED ABOUT 55 YEARS, W/O SIDDEGOWDA, SHARE NO. 51/4. 46. SRI SIDDAIAH @ APPAIAH, AGED ABOUT 65 YEARS, S/O HALE CHIKKASIDDEGOWDA, SHARE NO. 65/4. 47. SMT. SUBBAMMA, AGED ABOUT 60 YEARS, W/O MALLAIAH, SHARE NO. 64/4. 48. SRI P CHIKKAMADEGOWDA, AGED ABOUT 46 YEARS, S/O PUTTEGOWDA, SHARE NO. 65/4. 49. SRI KEMPEGOWDA, AGED ABOUT 68 YEARS, S/O SIDDEGOWDA, SHARE NO. 76/4. 50. SMT. CHIKKATAYAMMA, AGED ABOUT 70 YEARS, W/O LATE KEMPALINGAIAH, SHARE NO. 77/4. 51. SRI SHIVAKUMARA, AGED ABOUT 54 YEARS, S/O MADEGOWDA, SHARE NO. 78/4. 52. SMT. PUTTAMADAMMA, AGED ABOUT 55 YEARS, W/O BILIYAIAH, SHARE NO. 79/4. - 7 - NC: 2025:KHC:16290 WP No. 6827 of 2025 53. SRI HUCHEGOWDA, AGED ABOUT 62 YEARS, S/O GAVIGOWDA, SHARE NO. 81/4. 54. SRI RAJANNA, AGED ABOUT 87 YEARS, S/O LATE MALIKUNTEGOWDA, SHARE NO. 87/4. 55. SRI. CHIKKANNA @ MUGAIAH, AGED ABOUT 62 YEARS, S/O DODDEGOWDA, SHARE NO. 91/4. 56. SRI MARIDEVARU, AGED ABOUT 62 YEARS, S/O GURUBASAPPA, SHARE NO. 98/4. 57. SRI GURUSIDDAPPA, AGED ABOUT 56 YEARS, S/O LATE GURUBASAPPA, SHARE NO. 103/4. 58. SRI. JAVARAIAH @ GUNDAIAH, AGED ABOUT 62 YEARS, S/O GUJJANA SUBBEGOWDA, SHARE NO. 108/4. 59. SMT. GOWRAMMA, AGED ABOUT 55 YEARS, W/O LATE HOTTEGOWDA, SHARE NO. 110/4. 60. SMT. SUBBAMMA, AGED ABOUT 80 YEARS, W/O KOMBINA HUCHEGOWDA, SHARE NO. 115/4. 61. SRI MADAMMA, AGED ABOUT 70 YEARS, W/O SUBBEGOWDA, SHARE NO. 121/4. - 8 - NC: 2025:KHC:16290 WP No. 6827 of 2025 62. SMT. NANJAMMA, AGED ABOUT 58 YEARS, W/O LINGAIAH C, SHARE NO. 124/4. 63. SRI.D.L.MARILINGAIAH, AGED ABOUT 36 YEARS, S/O. LATE LINGAIAH, SHARE NO.125/4. 64. SRI.SHIVARAJU, AGED ABOUT 48 YEARS, S/O. LATE. CHIKKALINGAIAH, SHARE NO.127/4. 65. SMT. MADAMMA, AGED ABOUT 65 YEARS, W/O. LATE KALEGOWDA, SHARE NO.139/4. 66. SRI.SIDDAIAH, AGED ABOUT 65 YEARS, S/O. SEENAIAH, SHARE NO.146/4. 67. SMT. CHIKKATHAYAMMA, AGED ABOUT 60 YEARS, W/O. BASAVAIAH, SHARE NO.4/5. 68. SRI. NINGARAJU, AGED ABOUT 28 YEARS, S/O. LATE MADAIAH, SHARE NO.28/5. 69. SRI. LINGEGOWDA @ MOLLEGOWDA, AGED ABOUT 60 YEARS, S/O. LATE. MOLLEGOWDA, SHARE NO.30/5. 70. SMT. PADMAVATHI, AGED ABOUT 54 YEARS, W/O LATE RAMESHA, SHARE NO.32/5. - 9 - NC: 2025:KHC:16290 WP No. 6827 of 2025 71. SMT.NINGAMMA, AGED ABOUT 55 YEARS, W/O. MARIMADEGOWDA, SHARE NO.34/5. 72. SRI.N.SHIVALINGAIAH, AGED ABOUT 39 YEARS, S/O. LATE N.NAGARAJU, SHARE NO.36/5. 73. SMT.JAYAMMA, AGED ABOUT 60 YEARS, W/O. BASAVARAJU, SHARE NO.38/5. 74. SMT. DEVAMMA, AGED ABOUT 39 YEARS, W/O. LATE SIDDEGOWDA, SHARE NO.39/5. 75. SMT. RATHNAMMA, AGED ABOUT 55 YEARS, W/O. LATE KRISHNACHARI, SHARE NO.41/5. 76. SRI. CHIKKALINGAIAH, AGED ABOUT 35 YEARS, S/O. LATE MADAIAH, SHARE NO.44/5. 77. SMT.LINGAMMA @ NINGAMMA, AGED ABOUT 68 YEARS, W/O. MALLEGOWDA @ BATTAIAH, SHARE NO. 46/5. 78. SMT. MALLAMMA, AGED ABOUT 65 YEARS, W/O. LATE.MADAIAH, SHARE NO.50/5. 79. SMT.DUNDAMMA, AGED ABOUT 50 YEARS, W/O. LATE SHIVALINGAIAH, SHARE NO.56/5. - 10 - NC: 2025:KHC:16290 WP No. 6827 of 2025 80. SRI. BASAVANNA, AGED ABOUT 55 YEARS, S/O. CHIKKAMADEGOWDA, SHARE NO.55/5. 81. SRI.N.KRISHNA, AGED ABOUT 44 YEARS, S/O. NANJAIAH, SHARE NO.61/5. 82. SRI. HUCHEGOWDA, AGED ABOUT 62 YEARS, S/O. CHIKKADODDEGOWDA, SHARE NO.66/5. 83. SRI.ANANTHARAMAIAH, AGED ABOUT 60 YEARS, S/O. LATE SIDDAIAH, SHARE NO.71/5. 84. SMT.LAKSHMAMMA, AGED ABOUT 68 YEARS, W/O. LATE.MALLAIAH, SHARE NO.74/5. 85. SRI. BASAVARAJU, AGED ABOUT 37 YEARS, S/O. LATE NAGARAJU (ERAMMA), SHARE NO.76/5. 86. SMT.CHIKKAMMA, AGED ABOUT 60 YEARS, W/O. LATE MADAIAH @ KARIYAPPA, SHARE NO.87/5. 87. SMT. PUTTAMADAMMA, AGED ABOUT 62 YEARS, W/O. JAVARAIAH, SHARE NO.90/5. 88. SMT.GIRIJAMMA, AGED ABOUT 58 YEARS, W/O. RAMU, SHARE NO.91/5. - 11 - NC: 2025:KHC:16290 WP No. 6827 of 2025 89. SMT. NANJAMMA, AGED ABOUT 63 YEARS, W/O. LATE.CHIKKALINGAIAH, SHARE NO.94/5. 90. SRI. RAMU, AGED ABOUT 62 YEARS, S/O. SANNAIAH, SHARE NO.97/5. 91. SMT. MANJULA, AGED ABOUT 48 YEARS, W/O.MALINGA, SHARE NO.98/5. 92. SRI. GOPALAIAH, AGED ABOUT 62 YEARS, S/O. NINGEGOWDA, SHARE NO. 100/5. 93. SRI. CHIKKALINGAIAH, AGED ABOUT 65 YEARS, S/O. SUBBEGOWDA, SHARE NO.102/5. 94. SRI.CHIKKAMADAIAH, AGED ABOUT 52 YEARS, S/O. JAVARANA ERAIAH, SHARE NO.106/5. 95. SRI. LINGAIAH, AGED ABOUT 52 YEARS, S/O. N.LINGAIAH, SHARE NO.107/5. 96. SMT.PARVATHAMMA, AGED ABOUT 52 YEARS, W/O. BALARAJU, SHARE NO.108/5. 97. SRI.DODDAIAH, AGED ABOUT 55 YEARS, S/O. KIVUDEGOWDA, SHARE NO.111/5. - 12 - NC: 2025:KHC:16290 WP No. 6827 of 2025 98. SMT. MARINANJAMMA, AGED ABOUT 65 YEARS, W/O. NINGAIAH, SHARE NO.113/5. 99. SMT.SEERAMADAMMA, AGED ABOUT 70 YEARS, W/O. GIRIMALLAIAH, SHARE NO.115/5. 100. SRI. CHIKKAMARI, AGED ABOUT 53 YEARS, S/O. DODDAKALEGOWDA, SHARE NO.122/5. 101. SMT. DUNDAMMA, AGED ABOUT 68 YEARS, W/O. MAYIGOWDA @ BETTEGOWDA, SHARE NO.131/5. 102. SRI.SHIVANNA, AGED ABOUT 41 YEARS, S/O. LATE MALLEGOWDA, SHARE NO.150/5. 103. SMT. SHIVANANJAMMA, AGED ABOUT 62 YEARS, W/O LATE MALLEGOWDA, SHARE NO.151/5. 104. SMT. LAKSHMAMMA, AGED ABOUT 48 YEARS, W/O PAPANNA, SHARE NO.159/5. 105. SMT. NANJAMMA, AGED ABOUT 63 YEARS, W/O BILAGEGOWDA, SHARE NO. 160/5. 106. SMT. TAYAMMA, AGED ABOUT 52 YEARS, W/O MADEGOWDA, SHARE NO.169/5. - 13 - NC: 2025:KHC:16290 WP No. 6827 of 2025 107. SMT. MADAMMA, AGED ABOUT 75 YEARS, W/O MADEGOWDA, SHARE NO.161/5. 108. SMT. RATHNAMMA, AGED ABOUT 62 YEARS, W/O CHIKKAMADAIAH, SHARE NO.162/5. 109. SMT. MALLAJAMMA, AGED ABOUT 63 YEARS, W/O MADAIAH, SHARE NO. 175/5. 110. SRI C MAHADEVASWAMY, AGED ABOUT 45 YEARS, S/O CHIKKALINGAIAH, SHARE NO. 187/5. 111. SRI JAYARAMU, AGED ABOUT 33 YEARS, S/O CHIKKALINGAIAH, SHARE NO. 188/5. 112. SMT. SHIVANANJAMMA, AGED ABOUT 56 YEARS, W/O NAGANNA, SHARE NO. 191/5. 113. SRI SOMARAJU, AGED ABOUT 37 YEARS, S/O NAGARAJU, SHARE NO. 194/5. 114. SURESHA, AGED ABOUT 52 YEARS, S/O D MANCHACHARI, SHARE NO. 192/5. 115. SMT. KAMALAMMA, AGED ABOUT 60 YEARS, W/O LINGAIAH @ LINGEGOWDA, SHARE NO. 195/5. - 14 - NC: 2025:KHC:16290 WP No. 6827 of 2025 116. SMT. KULLAMMA, AGED ABOUT 65 YEARS, W/O MALLEGOWDA, SHARE NO. 197/5. 117. SRI C KALAIAH, AGED ABOUT 45 YEARS, S/O CHIKKUNDU, SHARE NO. 2/6. 118. SRI JAGADISH, AGED ABOUT 50 YEARS, S/O MADEGOWDA, SHARE NO. 4/6. 119. SRI NANJUNDAIAH, AGED ABOUT 70 YEARS, S/O MAYIGOWDA @ BUNDAIAH, SHARE NO. 100/1. 120. SRI RAJANNA, AGED ABOUT 65 YEARS, S/O SUBBEGOWDA, SHARE NO. 165/1. 121. SRI M ERAIAH, AGED ABOUT 60 YEARS, S/O LATE MADEGOWDA, SHARE NO. 170/1. 122. SMT. SIDDAMMA, AGED ABOUT 55 YEARS, W/O JAVARAIAH, SHARE NO. 199/1. 123. SRI M K NANJUNDASWAMY, AGED ABOUT 60 YEARS, S/O M S KRISHNAMURTHY, SHARE NO 98/2. 124. SRI.PANCHALINGAIAH, AGED ABOUT 53 YEARS, S/O. CHIKKALINGEGOWDA, SHARE NO.129/2. - 15 - NC: 2025:KHC:16290 WP No. 6827 of 2025 125. SRI. MALLEGOWDA, AGED ABOUT 60 YEARS, S/O. PUTTEGOWDA, SHARE NO.131/2. 126. SRI.A.V.PUTTARAJU, AGED ABOUT 60 YEARS, S/O. VEEREGOWDA, SHARE NO.172/2. 127. SRI.S.MAHADEVASWAMY, AGED ABOUT 56 YEARS, S/O. KARIBASAVAIAH, SHARE NO.54/3. 128. SRI. NITHYASHEELAN, AGED ABOUT 40 YEARS, S/O. SIDDARAJU, SHARE NO.82/3. 129. SRI.LINGAIAH, AGED ABOUT 61 YEARS, S/O. HOSAMADIKEKALEGOWDA, SHARE NO.13/4. 130. SMT.B.SOWMYA, AGED ABOUT 42 YEARS, W/O. RAMESH, SHARE NO.45/4. 131. SRI.B.S. CHIKKAPPAJI, AGED ABOUT 48 YEARS, S/O. MARIYACHARI, SHARE NO.52/4. 132. SRI.G.B.MAHESHA, AGED ABOUT 38 YEARS, S/O. LATE.BASAVARAJU, SHARE NO.53/4. 133. SMT.GOWRAMMA, AGED ABOUT 40 YEARS, W/O. B.M.SHIVAMALLAIAH, SHARE NO.60/5. - 16 - NC: 2025:KHC:16290 WP No. 6827 of 2025 134. SRI.PARAMESH, AGED ABOUT 60 YEARS, S/O. BETTAIAH, SHARE NO.80/5. 135. SMT.PUTTANANJAMMA, AGED ABOUT 65 YEARS, W/O. TAGADAIAH, SHARE NO.99/5. 136. SMT.NINGAMMA, AGED ABOUT 57 YEARS, W/O. LATE.CHIKKANNA, SHARE NO.144/5. 137. SMT.BETTAMMA, AGED ABOUT 56 YEARS, W/O. HUCHAIAH, SHARE NO.155/5. 138. SMT.GOWRAMMA, AGED ABOUT 44 YEARS, W/O. SIDDAPPA, SHARE NO.156/5. 139. SMT.MARIDEVAMMA, AGED ABOUT 66 YEARS, W/O. CHOWDEGOWDA, SHARE NO.5/6. ALL ARE R/AT BANDURU-DADADAPURA VILLAGE, MALAVALLI HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. …PETITIONERS (BY SRI KANTHARAJU C S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. - 17 - NC: 2025:KHC:16290 WP No. 6827 of 2025 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHINAGAR, BENGALURU-560 027. REP. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER, DISTRICT OFFICE, SUBHASH NAGAR, 1ST CROSS, MANDYA DISTRICT- 573 201. 4. RETURNING OFFICER, BANDURU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETIES LTD., BANDURU, MALAVALLI HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430. 5. BANDURU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETIES LTD., BANDURU, REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REP. BY ITS CHIEF EXECUTIVE OFFICER, MALAVALLI HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2; R5- BANDURU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETIES LTD., MANDYA SD THROUGH HAND SUMMONS) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R-2, 3, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 09.03.2025 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 - 18 - NC: 2025:KHC:16290 WP No. 6827 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 - 19 - NC: 2025:KHC:16290 WP No. 6827 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 - 20 - NC: 2025:KHC:16290 WP No. 6827 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 time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 77