- 1 - NC: 2025:KHC:13114 WP No. 8217 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. 8217 OF 2025 (CS-EL/M) BETWEEN: 1. RESHME KAIMAGGA NEKARARA UTPADANE HAGU MAARATHA SAHAKARA SANGHA NIYAMITHA GUNDLAPALLI TALUK CHIKKABALLAPUR DISTRICT- 561 207 REPRESENTED BY ITS PRESIDENT/ DELEGATE GANGADARAPPA, S/O NADAPI VENKATAPPA AGE 45 YEARS. 2. CHINTAMANI TOWN AND TALUK HOUSE BUILDING CO-OPERATIVE SOCIETY ITD, WARD No. 12, NEAR CANARA BANK CHINTAMANI TOWN CHIKKABALLAPUR DISTRICT- 563 125. REPRESENTED BY ITS DIRECTOR/ DELEGATE M. RAMESH, S/O LATE K.MOHAN AGE 52 YEARS. 3. GOVERNMENT EMPLOYEES' HOUSE BUILDING CO-OPERATIVE SOCIETY LTD, 1ST CROSS, Y.S GUNDAPPA LAYOUT CHINTAMANI TOWN CHIKKABALLAPUR DISTRICT- 563 125. REPRESENTED BY ITS PRESIDENT/ DELEGATE PRAKASH REDDY, S/O A.S.PAPANNA AGE 51 YEARS. (THE PETITIONERS SOCIETY ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT- 1959) …PETITIONERS (BY SRI GIRISH J, DVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13114 WP No. 8217 of 2025 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. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER CHIKKABALLAPUR CHIKKABALLAPUR-561 207. 4. RETURNING OFFICER CHIKKABALLAPUR DISTRICT CO-OPERATIVE UNION LTD, CO-OPERTAIVE BHANVAN, NH 44, HAROBANDE CROSS CHIKKABALLAPUR DISTRICT-562 101. 5. CHIKKABALLAPUR DISTRICT CO-OPERATIVE UNION LTD, CO-OPERTAIVE BHANVAN, NH 44, HAROBANDE CROSS, CHIKKABALLAPUR DISTRICT-562 101 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1, R3 & R4 SRI T L KIRAN KUMAR, ADVOCATE FOR R2 SRI DEVI PRASAD SHETTY, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT Nos.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS’ LIST AND - 3 - NC: 2025:KHC:13114 WP No. 8217 of 2025 PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 23/03/2025 PROVIDED AT ANNEXURE-B DATED: 05.03.2025 IN THE INTEREST OF JUSTICE AND EQUITY 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 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:13114 WP No. 8217 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 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. - 5 - NC: 2025:KHC:13114 WP No. 8217 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 MR List No.: 2 Sl No.: 65