- 1 - NC: 2025:KHC:14609 WP No. 8258 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. 8258 OF 2025 (CS-RES) BETWEEN: 1. SMT SAKAMMA W/O. GOVINDEGOWDA, AGED ABOUT 79 YEARS, 2. SMT. SHANTHAMMA W/O. LATE KUNNEGOWDA, AGED ABOUT 75 YEARS, 3. SMT. PARVATHAMMA W/O. MUDDEGOWDA, AGED ABOUT 77 YEARS, 4. SMT. KAMAKSHI W/O. KUNNEGOWDA, AGED ABOUT 46 YEARS, 5. SMT. JYOTHI. B. R. W/O. MANJUNATHA, AGED ABOUT 34 YEARS, 6. SMT. SHOBHA. N W/O. KRISHNEGOWDA, AGED ABOUT 35 YEARS, ALL ARE R/AT KURUBARA BASTHI VILLAGE, BUKANAKERE HOBLI, MAVINAKERE POST, K.R. PET TALUK, MANDYA-571 812. …PETITIONERS (BY SRI. ROOPESHA B.,ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14609 WP No. 8258 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGARA, K. H. ROAD, BENGALURU-560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560001. 4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES 1ST CROSS, SUBHASH NAGAR, MANDYA-573 201. 5. RETURNING OFFICER CUM CO-OPERATIVE DEVELOPMENT OFFICER KURUBARA BASTHI MILK PRODUCERS WOMEN’S CO OPERATIVE SOCIETY NIYAMITHA, BUKANAKERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571 812. 6. KURUBARA BASTHI MILK PRODUCERS WOMENS CO OPERATIVE SOCIETY NIYAMITHA BUKANAKERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571 812. REPRESENTED BY ITS SECRETARY, (REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1,R3, R4 & R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R6-SERVED THROUGH HAND SUMMONS) - 3 - NC: 2025:KHC:14609 WP No. 8258 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 6 TO PERMIT THE PETITIONERS TO EXERCISING THEIR VOTES IN THE ELECTION TO BE HELD ON 21.03.2025 TO THE BOARD OF DIRECTORS OF THE R-6. THIS WRIT 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:14609 WP No. 8258 of 2025 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:14609 WP No. 8258 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 SR List No.: 1 Sl No.: 80