- 1 - NC: 2025:KHC:16953 WP No. 8723 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. 8723 OF 2025 (CS-EL/M) BETWEEN: 1. SRI.C.THAMMEGOWDA, S/O PATEL CHIKKATHAMMEGOWDA, AGED ABOUT 65 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 2. SMT.SUVARNA, W/O C.D.SHANAKREGOWDA, AGED ABOUT 45 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 3. SRI.BALARAM, S/O MANISWAMY, AGED ABOUT 50 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 4. SMT.SUNANDA, W/O CHIKKATHAMMEGOWDA, AGED ABOUT 65 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16953 WP No. 8723 of 2025 5. SMT.SAKAMMA, W/O BALARAM HUCCHI, AGED ABOUT 68 YEARS, R/AT. CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 6. SMT.T.D.NAGARATHNA, W/O C.M.JAVAREGOWDA, AGED ABOUT 50 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 7. SRI.BUSEGOWDA, S/O SANNAPPA, AGED ABOUT 55 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 8. SRI.NINGASHETTY, S/O MADASHETTY, AGED ABOUT 50 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 9. SMT.D.T.RESHMA, W/O C.J.JOGIGOWDA, AGED ABOUT 65 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 3 - NC: 2025:KHC:16953 WP No. 8723 of 2025 10. SRI.C.J.SUBRAMANYA, S/O A.JOGIGOWDA, AGED ABOUT 60 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 11. SRI.C.M.MADAN KUMAR, S/O C.J.MAHALINGU, AGED ABOUT 68 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 12. SRI.C.J.JAVAREGOWDA, S/O PEKKE JOGIGOWDA, AGED ABOUT 60 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 13. SMT. V.D.SRIDEVI, W/O C.J.SUBRAMANI, AGED ABOUT 55 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 14. SMT. ANITHA, W/O C.J.DEVARAJU, AGED ABOUT 50 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 4 - NC: 2025:KHC:16953 WP No. 8723 of 2025 15. SRI.C.P.CHANDRA, S/O PANCHALINGACHARI, AGED ABOUT 45 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 16. SMT.C.SOWMYA, W/O C.P.CHANDRA, AGED ABOUT 55 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 17. SMT.K.S.KUSUMA, W/O C.R.SHIVAPRASAD, AGED ABOUT 40 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 18. SRI.K.HEMANTH KUMAR, S/O C.KEMPEGOWDA, AGED ABOUT 48 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 19. SMT.SHOBHA.R, W/O C.J.ANAND, AGED ABOUT 48 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 5 - NC: 2025:KHC:16953 WP No. 8723 of 2025 20. SRI.C.J.ANAND, S/O C.JOGIGOWDA, AGED ABOUT 55 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 21. SRI.NISHANTH C.J., S/O C.N.JAYASWAMY, AGED ABOUT 45 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 22. SRI.SURESH, S/O C.JAYASWAMY, AGED ABOUT 68 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 23. SMT.SHRUTHI, W/O C.J.LAKSHMAN, AGED ABOUT 55 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 24. SRI.C.J.PRASHANTH, S/O C.N.JAYASWAMY, AGED ABOUT 60 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 6 - NC: 2025:KHC:16953 WP No. 8723 of 2025 25. SRI.K.G.PRAKASH, S/O K.GADDEGOWDA, AGED ABOUT 65 YEARS, R/AT.KURIKOPPALLU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 26. SRI.K.G.NAGARAJU, S/O K.GADDEGOWDA, AGED ABOUT 65 YEARS, R/AT.KURIKOPPALLU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 27. SRI.NINGEGOWDA, S/O JOGIGOWDA, AGED ABOUT 45 YEARS, R/AT.KURIKOPPALLU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 28. SRI.K.C.RAVI, S/O G.CHIKKAIDEGOWDA, AGED ABOUT 45 YEARS, R/AT.KURIKOPPALLU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 29. SMT. CHIKKATHAYAMMA, W/O GENDE KEMPANNANA MUDDEGOWDA, AGED ABOUT 55 YEARS, R/AT. VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 7 - NC: 2025:KHC:16953 WP No. 8723 of 2025 30. SRI. CHIKKADEVEGOWDA, S/O BUNDE DEVANA KEMPEGOWDA, AGED ABOUT 40 YEARS, R/AT. VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 31. SRI.V.C.CHANDRA SHEKAR, S/O CHIKKANNA, AGED ABOUT 68 YEARS, R/AT. VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 32. SRI.V.J.DEEPAK, S/O JAYARAMU, AGED ABOUT 55 YEARS, R/AT. VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 33. SMT.M.J.SULOCHANA, W/O V.C.CHANDRASHEKAR, AGED ABOUT 62 YEARS, R/AT VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST PIN 571405 34. SMT.JAYAMMA W/O MAHENDRA AGED ABOUT 48 YEARS R/AT. VADDARAHALLI KOPPALU VILLAGE, DUCDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 8 - NC: 2025:KHC:16953 WP No. 8723 of 2025 35. SRI.JAYASWAMY, S/O DODDAIADEGOWDA, AGED ABOUT 52 YEARS, R/AT.VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 36. SRI.B.P.MAHADEVAIAH, S/O PUTTASIDDAIAH, AGED ABOUT 54 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 37. SMT.GOWRAMMA, W/O B.M.BASAVARAJU, AGED ABOUT 58 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 38. SRI.B.S.HARISH KUMAR, S/O SIDDAPPA, AGED ABOUT 55 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 39. SRI.B.M.RAJASHEKAR, S/O B.P.MAHADEVAIAH, AGED ABOUT 65 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 9 - NC: 2025:KHC:16953 WP No. 8723 of 2025 40. SRI.MAHADEVAPPA, S/O MADAIAH HALLIKERE, AGED ABOUT 36 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 41. SMT.PUSHPAMBHA, W/O B.S.PUTTASWAMY, AGED ABOUT 38 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 42. SRI.B.C.NAGARAJU, S/O CHIKKA PUTTA BASAVAIAH, AGED ABOUT 48 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 43. SMT.G.N.JAYAMMA, W/O B.SHIVAKUMAR, AGED ABOUT 55 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 44. SMT.MANGALAMMA, W/O VISHKANTAIAH, AGED ABOUT 55 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 10 - NC: 2025:KHC:16953 WP No. 8723 of 2025 45. SRI.ANSUYA, S/O NAGARAJU, AGED ABOUT 60 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 46. SRI.RAJASHEKAR.B.B., S/O BASAVARAJU, AGED ABOUT 58 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 47. SMT. SOURABHA.B.R., W/O RAJASHEKAR.B.B., AGED ABOUT 48 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 48. SRI.B.R.MALLIKARJUNASWAMY, S/O B.RAJANNA, AGED ABOUT 48 YEARS, R/AT. BILAGULI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 49. SRI.PUTTASWAMY, S/O MARASHETTY DYAGUDDANA, AGED ABOUT 58 YEARS, R/AT. UPPARA KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 11 - NC: 2025:KHC:16953 WP No. 8723 of 2025 50. SMT.PUTTAGOWRAMMA, W/O N.VISHAKANTA, AGED ABOUT 65 YEARS, R/AT. UPPARA KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 51. SRI.MAHADEV, S/O CHIKKASHETTY, AGED ABOUT 55 YEARS, R/AT. UPPARA KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 52. SMT. DODDAMADAMMA, W/O MANISHETTY, AGED ABOUT 53 YEARS, R/AT. UPPARA KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 53. SMT. KENCHAMMA, W/O GIRIAIAH, AGED ABOUT 58 YEARS, R/AT. CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 54. SRI.RAMA, S/O KUNNANA JOGAIAH, AGED ABOUT 52 YEARS, R/AT. CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. - 12 - NC: 2025:KHC:16953 WP No. 8723 of 2025 55. SMT.SAROJAMMA, W/O MARIYAIAH, AGED ABOUT 55 YEARS, R/AT. CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. 56. SMT. CHIKKATHAYAMMA, W/O JOGAIAH MARILINGA KARIYA, AGED ABOUT 48 YEARS, R/AT.CHANDAGALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT – 571 405. …PETITIONERS (BY SRI. PUTTARAJU H.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. - 13 - NC: 2025:KHC:16953 WP No. 8723 of 2025 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT – 571 401. 5. THE RETURNING OFFICER, CHANDAGALU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT – 571 405. 6. THE CHANDAGALU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT – 571 405. 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) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 AND R-6 TO INCLUDE THE NAMES 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 BANK / SOCIETY BOARD WHICH IS SCHEDULED TO BE HELD ON 26.03.2025 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 14 - NC: 2025:KHC:16953 WP No. 8723 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 - 15 - NC: 2025:KHC:16953 WP No. 8723 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 - 16 - NC: 2025:KHC:16953 WP No. 8723 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.: 19