- 1 - NC: 2025:KHC:16053 WP No. 8435 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. 8435 OF 2025 (CS-EL/M) BETWEEN: 1. GOVINDARAJU T, S/O TIMMEGOWDA, AGED ABOUT 63 YEARS, NO.69, NEAR MARAMMA TEMPLE, KADUJAKKASANDRA, GOTTIGEHALLI, RAMANAGARA-562 112. 2. SHIVAMMA, W/O ANNAIAH, AGED ABOUT 62 YEARS, HAROHALLI, KADUJAKKASANDRA, RAMANAGARA-562 112. 3. MARIGOWDA, S/O PUTTASWAMIGOWDA, AGED ABOUT 75 YEARS, HAROHALLI, KADUJAKKASANDRA, RAMANAGARA-562 112. 4. KEMPAMMA, W/O LATE MUNINAGAIAH, AGED ABOUT 88 YEARS, R/AT MUNILINGAIAH STREET, MALAGALU, KANAKAPURA, RAMANAGARA-562 117. 5. NAGARAJU M.N., S/O NAGEGOWDA, AGED ABOUT 58 YEARS, R/AT NO.49, TEMPLE ROAD, KANAKAPURA, MALGAL, RAMANAGARA- 562 117. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16053 WP No. 8435 of 2025 6. K.G.VENKATESH MURTHY, S/O K G NAGAPPA, AGED ABOUT 73 YEARS, R/AT TVS HOUSE, KRC ROAD, FORT, KANAKAPURA, RAMANAGARA-562 117. 7. C K MAMATHA, S/O J NATARAJU, AGED ABOUT 67 YEARS, R/AT VINAYAKA NILAYA, 1ST CROSS, RANGANATHA EXTENSION, BEHIND MHS., KANAKAPURA, RAMANAGARA-562 117. 8. JOSEPH GONSALVES, S/O GONSALVES S, AGED ABOUT 71 YEARS, R/AT DEEPA, JOSEPH STREET, BK ROAD, KANAKAPURA, RAMANAGARA-562 117. 9. SUBHAN BAIG, S/O GOUSE BAIG, AGED ABOUT 67 YEARS, R/AT NO.128, MELEKOTE, KANAKAPURA, RAMANAGARA-562 117. 10. AMJAD ALI KHAN, S/O LATE ANWAR ALI KHAN, AGED ABOUT 68 YEARS, R/AT NO.135, MELEKOTE, KANAKAPURA, RAMANAGARA-562 117. …PETITIONERS (BY SRI SHAKEER ABBAS M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BULDING, BANGALORE-560 001. REP. BY PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K H ROAD, - 3 - NC: 2025:KHC:16053 WP No. 8435 of 2025 SHANTHINAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. PRIMARY CO OPERATITVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., KANAKAPURA TALUK, RAMANGARA DIST. REP. BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERAITVE SOCIETES ACT 1959. KANAKAPURA-562 117. 4. THE RETURNING OFFICER, PRIMARY CO OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., KANAKAPURA TALUK, RAMANAGARA DIST-562 117. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1 & R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-C, CONSEQUENTIALLY, PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 25.03.2025 (ANNX-A). THIS 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 - 4 - NC: 2025:KHC:16053 WP No. 8435 of 2025 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:16053 WP No. 8435 of 2025 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 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 - 6 - NC: 2025:KHC:16053 WP No. 8435 of 2025 box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 29