- 1 - NC: 2025:KHC:16020 WP No. 8207 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8207 OF 2025 (CS-EL/M) BETWEEN: 1. JAYALAKSHMI W/O LOKESH, AGED ABOUT 54 YEARS, SHARE NO. 08 2. LAKSHMAMMA W/O THIMMEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 23 3. SUMITHRA W/O SATHISHA, AGED ABOUT 40 YEARS, SHARE NO. 80 4. MAHADEVAMMA W/O MUDDEGOWDA, AGED ABOUT 46 YEARS, SHARE NO. 69 5. CHAITHRA W/O RAMESH, AGED ABOUT 47 YEARS, SHARE NO.21 6. MANDAMMA W/O LATE SIDDEGOWDA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16020 WP No. 8207 of 2025 AGED ABOUT 50 YEARS, SHARE NO. 65 7. VINODAMMA, W/O LATE SHIVANNA, AGED ABOUT 48 YEARS, SHARE NO. 41 8. LAKSHMAMMA W/O LATE SANNEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.72 ALL ARE MEMBERS OF KURUBARABASTHI MILK PRODUCERS WOMENS CO-OPERATIVE SOCIETY LTD., KURUBARABASTHI VILLAGE, BUKANAKERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. …PETITIONERS (BY SRI. SANDESH T.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. - 3 - NC: 2025:KHC:16020 WP No. 8207 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DIVISION, MANDYA DISTRICT - 571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PANDAVAPURA SUB DIVISION, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. 5. KURUBARABASTHI MILK PRODUCERS WOMEN'S CO-OPERATIVE SOCIETY LTD., KURUBARABASTHI VILLAGE, BUKANAKERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT - 571 426, REPRESENTED BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 6. RETURNING OFFICER KURUBARABASTHI MILK PRODUCERS WOMENS CO-OPERATIVE SOCIETY LTD., KURUBARABASTHI VILLAGE, BUKANAKERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R5) - 4 - NC: 2025:KHC:16020 WP No. 8207 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 21.03.2025 VIDE ANNX-A 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 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:16020 WP No. 8207 of 2025 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. ii) The Returning Officer in each of the above matters is directed to announce the result within seven days - 6 - NC: 2025:KHC:16020 WP No. 8207 of 2025 of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters. 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 VS List No.: 1 Sl No.: 104 CT: BHK