- 1 - NC: 2025:KHC:14144 WP No. 8605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8605 OF 2025 (CS-EL/M) BETWEEN: 1. MARAGANAKUNTE PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT - 563 125, REPRESENTED BY ITS DIRECTOR/ DELEGATE YELLAPA, S/O NARAYANAPPA, AGE 42 YEARS. 2. CHINTAMANNI WEST SILK GROWERS AND FARMER SEVA CO-OPERATIVE SOCIETY CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125 REPRESENTED BY ITS DIRECTOR/ DELEGATE C.K. PRABHAKAR REDDY, S/O C.V. KRISHNAOOA, AGE 48 YEARS. 3. OOLAWADI AGRICULTURE SERVICE COOPERATIVE SOCIETIES PVT LTD, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125, REPRESENTED BY ITS DIRECTOR/ DELEGATE, MANUNATH A, S/O ANJAPPA, AGE 70 YEARS. 4. MITTAHALLI AGRICULTURE CO-OPERATIVE SOCIETY LTD., MITTAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125, REPRESENTED BY ITS DIRECTOR/ DELEGATE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14144 WP No. 8605 of 2025 B. MANJUNATH, S/O BAYAREDDY, AGE 49 YEARS. 5. SHETTYHALLI AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD., VAYUPUTRANAGAR VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563 125, REPRESENTED BY ITS DIRECTOR/ DELEGATE SHIVANNA, S/O M. NARAYANAPPA AGED 49 YEARS. 6. KOTAGAL AGRICULTURE CO-OPERATIVE SOCIETY LTD, KOTAGAL VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125 REPRESENTED BY ITS DIRECTOR/ DELEGATE R.G.NAGARAJ, S/O GORULA KONDAPPA, AGE 51 YEARS (THE PETITIONERS SOCIETY ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …PETITIONERS (BY SRI. GIRISH J, ADVOCATE) 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 - NC: 2025:KHC:14144 WP No. 8605 of 2025 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER, CHIKKABALLAPUR, CHIKKABALLAPUR - 561 207. 4. RETURNING OFFICER, CHIKKABALLAPUR DISTRICT COOPERATIVE UNION LTD., COOPERTAIVE BHANVAN, NH 44, HAROBANDE CROSS, CHIKKABALLAPUR DISTRICT - 562 101, 5. CHIKKABALLAPUR DISTRICT COOPERATIVE UNION LTD., CO-OPERTAIVE BHANVAN, NH 44, HAROBANDE CROSS, CHIKKABALLAPUR DISTRICT - 562 101, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE FOR C/R5; SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.03.2025 PROVIDED AT ANNX- B DATED 05.03.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 4 - NC: 2025:KHC:14144 WP No. 8605 of 2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:14144 WP No. 8605 of 2025 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 of the above 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 of 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 - 6 - NC: 2025:KHC:14144 WP No. 8605 of 2025 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 AMM List No.: 1 Sl No.: 9 CT: BHK