- 1 - NC: 2025:KHC:16952 WP No. 8719 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8719 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. N.K.YOGAVATHI, W/O SRI. MANJUNATH, AGE 50 YEARS, SHARE NO.8, 2. SMT. VIJAYA D, W/O SRI. SHIVARAMU, AGE 55 YEARS, SHARE NO.11, 3. SMT. KAVERAMMA, W/O LATE CHIKKANNA, AGE 60 YEARS, SHARE NO.22, 4. SMT.ANI, W/O SRI. GANGADHARA, AGE 38 YEARS, SHARE NO.23, 5. SMT. KEMPAMMA, W/O LATE SANNEGOWDA, AGE 65 YEARS, SHARE NO.24, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16952 WP No. 8719 of 2025 6. SMT. SHOBHA, W/O SRI. MAHADEVA, AGE 40 YEARS, SHARE NO.28, 7. SMT. GOURAMMA, W/O LATE KULLEGOWDA, AGE 65 YEARS, SHARE NO.33, 8. SMT. SUJATHA, W/O DESHIGOWDA, AGE 50 YEARS, SHARE NO.39, 9. SMT. NAGAMMA, W/O SRI. SOMANNA, AGE 48 YEARS, SHARE NO.47, 10. SMT. SUKANYA, WO LATE SHANKAREGOWDA, AGE 48 YEARS, SHARE NO.52, 11. SMT. SHILPA, W/O SRI. NAVEENKUMAR, AGE 40 YEARS, SHARE NO.54, 12. SMT. RATHNAMMA, W/O SRI. SHIVALINGEGOWDA, AGE 55 YEARS, SHARE NO.55, - 3 - NC: 2025:KHC:16952 WP No. 8719 of 2025 13. SMT. SAKAMMA, W/O SRI. SHIVAKUMAR K. C., AGE 35 YEARS, SHARE NO.63, 14. SMT. LAKSHMI, W/O SRI. SHIVANANJU, AGE 45 YEARS, SHARE NO.78. ALL THE PETITIONERS ARE THE MEMBERS OF KAMMANAYAKANAHALLI MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY, MANDYA TALUK, MANDYA DISTRICT – 571 401. …PETITIONERS (BY SRI. RAVINDRA PRASAD B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, "A" BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE – 560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA TALUK, MANDYA DISTRICT – 571 401. - 4 - NC: 2025:KHC:16952 WP No. 8719 of 2025 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT – 571 401. 5. THE RETURNING OFFICER, KAMMANAYAKANAHALLI MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY, MANDYA TALUK, MANDYA DISTRICT – 571 401. 6. THE KAMMANAYAKANAHALLI MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY, MANDYA TALUK, MANDYA DISTRICT – 571 401. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959). …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3 TO R5; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI.K.R.SATISH, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST i.e., ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE R-6 SOCIETY BOARD WHICH IS SCHEDULED TO BE HELD ON 29.03.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:16952 WP No. 8719 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of an interim order 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:16952 WP No. 8719 of 2025 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 this matter 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 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 - 7 - NC: 2025:KHC:16952 WP No. 8719 of 2025 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 BMV* List No.: 1 Sl No.: 18