- 1 - NC: 2025:KHC:16956 WP No. 8897 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. 8897 OF 2025 (CS-EL/M) BETWEEN: 1. SMT NAGAMMA AGED ABOUT 60 YEARS, W/O PA BEESEGOWDADRA MARIGOWD CHANDAGALU VILLAGE 2. SMT. LATHA AGED ABOUT 38 YEARS W/O BORAIAH JOGIGOWDA CHANDAGALU VILLAGE 3. SRI SOMA AGED ABOUT 35 YEARS S/O BALAKRISHNA DODDATHAYAMA CHANDAGALU VILLAGE 4. SRI MAHESH AGED ABOUT 38 YEARS S/O BETTAMMANA MARIGOWDA CHANDAGALU VILLAGE 5. SRI C V VENKATACHALA AGED ABOUT 45 YEARS S/O VENAKATARAMA CHANDAGALU VILLAGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16956 WP No. 8897 of 2025 6. SRI BALARAM AGED ABOUT 40 YEARS S/O MANISWAMI MARIYAMMANA CHANDAGALU VILLAGE 7. SMT. SAKAMMA AGED ABOUT 50 YEARS W/O NATHEGOWDA HOTTECHANNAPPA CHANDAGALU VILLAGE 8. SMT. YASHODAMMA AGED ABOUT 55 YEARS W/O CHIKKALINGEGOWDA BORALINGA CHANDAGALU VILLAGE 9. SMT. PUSHPA AGED ABOUT 28 YEARS W/O PRASANNA SHAVANAIAH CHANDAGALU VILLAGE 10. SRI BUSHEGOWDA AGED ABOUT 55 YEARS S/O SANNAPPA KENCHANARA CHANDAGALU VILLAGE 11. SRI KRISHNEGOWDA AGED ABOUT 50 YEARS S/O CHOWDEGOWDA YAREHALLI CHANDAGALU VILLAGE 12. SRI.C.M. MADAN KUMAR, AGED ABOUT 28 YEARS, S/O C.J. MAHALINGU, CHANDAGALU VILLAGE, - 3 - NC: 2025:KHC:16956 WP No. 8897 of 2025 13. SMT. H B VEENA, AGED ABOUT 30 YEARS, W/O C.B.JOGIGOWDA PAKARANA, CHANDAGALU VILLAGE, 14. SRI.C.J. JAVAREGOWDA, AGED ABOUT 60 YEARS, S/O JOGIGOWDA CHIKKIBUDI, CHANDAGALU VILLAGE, 15. SMT. REKHA, AGED ABOUT 32 YEARS, W/O C.B.UDAY BISAPPARA, CHANDAGALU VILLAGE, 16. SRI. C.M.KRISHNA, AGED ABOUT 45 YEARS, S/O MARIGOWDA BETTAMMANARA, CHANDAGALU VILLAGE, 17. SMT. K.P.DIVYASHREE, AGED ABOUT 25 YEARS, W/O C.M.KRISHNA BETTAMMANARA, CHANDAGALU VILLAGE, 18. SMT. LAKSHMAMMA, AGED ABOUT 60 YEARS, W/O C. LAKSHANNA PILAKANA, CHANDAGALU VILLAGE, 19. SMT. S.M.ASHA, AGED ABOUT 30 YEARS, W/O C.J. JAVAREGOWDANA CHIKKIBUDI, CHANDAGALU VILLAGE, - 4 - NC: 2025:KHC:16956 WP No. 8897 of 2025 20. SMT. VANAJAKSHI, AGED ABOUT 38 YEARS, W/O K. JOGIGOWDA, KURIKOPPALU VILLAGE, 21. SRI. SHEKARA, AGED ABOUT 40 YEARS, S/O SINGANNA KALAIAH, CHANDAGALU VILLAGE, 22. SMT. GOWRAMMA, AGED ABOUT 60 YEARS, W/O B.M.BASAVARAJU, BILAGULI VILLAGE, 23. SRI. B.P. MAHADEVAIAH, AGED ABOUT 45 YEARS, S/O PUTTASIDDAIAH, BILAGULI VILLAGE, 24. SRI. B.S. HARISH KUMAR, AGED ABOUT 40 YEARS, S/O SIDDAPPA ALIAS SIDDABASAVAIAH, BILAGULI VILLAGE, 25. SRI. B.M. RAJASHEKARA, AGED ABOUT 43 YEARS, S/O B.P.MAHADEVAIAH, BILAGULI VILLAGE, 26. SMT. MANGALAMMA, AGED ABOUT 55 YEARS, W/O VISHAKANTAIAH, BILAGULI VILLAGE, - 5 - NC: 2025:KHC:16956 WP No. 8897 of 2025 27. SMT. ANASUYA, AGED ABOUT 45 YEARS, W/O NAGARAJU, BILAGULI VILLAGE, 28. SRI. SOURABH B.R., AGED ABOUT 25 YEARS, S/O RAJASHEKAR B.B., BILAGALI VILLAGE, 29. SRI.B.R. MALLIKARJUNASWAMI, AGED ABOUT 48 YEARS, S/O B.RAJANNA, BILAGULI VILLAGE, 30. SRI.B.C. BASAVARAJU, AGED ABOUT 40 YEARS, S/O CHIKKAMARI BILAGULI VILLAGE 31. SRI. MAHADEVA, AGED ABOUT 50 YEARS, S/O CHIKKASHETTY, UPARAKOPPALU VILLAGE, 32. SMT. PUTTAGOWRAMMA, AGED ABOUT 65 YEARS, W/O N. VISHAKANTHA, UPARAKOPPALU VILLAGE, 33. SMT. DODDAMADHAMMA, AGED ABOUT 60 YEARS, W/O MANISHETTY, UPARAKOPPALU VILLAGE, - 6 - NC: 2025:KHC:16956 WP No. 8897 of 2025 34. SMT. LAKSHMAMMA AGED ABOUT 58 YEARS W/O PUTTASWAMI CHANDAGALU VILLAGE 35. SMT. KENCHAMMA, AGED ABOUT 63 YEARS, W/O HU GI GIRIYAIAH, CHANDAGALU VILLAGE, 36. SMT. JAYAMMA, AGED ABOUT 60 YEARS, W/O GIRIYAIAH, CHANDAGALU VILLAGE, 37. SMT. PUTTALINGAMMA, AGED ABOUT 70 YEARS, W/O PUTTAIAH, CHANDAGALU VILLAGE, 38. SMT. BHAGYAMMA, AGED ABOUT 60 YEARS, W/O C K RAMACHANDRA, CHANDAGALU VILLAGE, 39. SRI. MARIJOGAIAH, AGED ABOUT 60 YEARS, S/O T. JOGAIAH, CHANDAGALU VILLAGE, 40. SMT. HONNAMMA, AGED ABOUT 60 YEARS, W/O PUTTARAMU, CHANDAGALU VILLAGE, - 7 - NC: 2025:KHC:16956 WP No. 8897 of 2025 41. SRI. VENKATESH, AGED ABOUT 48 YEARS, S/O P PUTTAIAH, CHANDAGALU VILLAGE, 42. SMT. S VARALAKSHMI, AGED ABOUT 28 YEARS, W/O NAGARAJU CHAKLAGIRI, 43. SMT. H.K. MANJULA, AGED ABOUT 38 YEARS, W/O ANAND CHIKKIBUDI, CHANDAGALU VILLAGE, 44. SMT. CHIKKATYAMMA, AGED ABOUT 60 YEARS, W/O JOGAIAH MARILINGA KARIYA, CHANDAGALU VILLAGE, 45. SRI C J CHANDAN, AGED ABOUT 28 YEARS, S/O JOGIGOWDA BORAIAH, CHANDAGALU VILLAGE, 46. SMT. NINGAMMA, AGED ABOUT 58 YEARS, W/O MOTTAPPA, VADARAHALLIKOPPALU VILLAGE, 47. SRI. CHIKKADEVEGOWDA, AGED ABOUT 60 YEARS, S/O BUNDE DEVANA KEMPEGOWDA, VADARAHALLIKOPPALU VILLAGE, 48. SMT. SUSHEELA, AGED ABOUT 40 YEARS, - 8 - NC: 2025:KHC:16956 WP No. 8897 of 2025 W/O BOREGOWDA CHAKLAGIRI, CHANDAGALU VILLAGE, 49. SRI. VIJAYKUMAR, AGED ABOUT 38 YEARS, S/O ODUVAIAH ALIAS KRISHNA, CHANDAGALU VILLAGE, 50. SRI.C.D. VIJAYKUMAR, AGED ABOUT 40 YEARS, S/O C D DASAIAH, CHANDAGALU VILLAGE, ALL ARE RESIDING AT MANDYA TALUK MANDYA DISTRICT – 571 401. …PETITIONERS (BY SRI. BHARATH KUMAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B R AMBEDKARVEEDHI BENGALURU - 01 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER ALSO THE DISTRICT ELECTION OFFICER OFFICE OF DEPUTY COMMISSIONER, MANDYA DISTRICT MANDYA – 571401 3. THE CHANDAGALU PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA - 9 - NC: 2025:KHC:16956 WP No. 8897 of 2025 REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959 HEAD OFFICE, MANDYA TALUK, MANDYA DISTRICT MANDYA - 571401 REPRESENTED BY ITS SECRETARY. 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. A BLOCK, SHANTHI NAGAR BANGALORE - 27 REPRESENTED BY ITS SECRETARY. 5. THE RETURNING OFFICER / COMMISSIONER OF CHANDAGALU PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA MANDYA TALUK MANDYA DISTRICT - 571401 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R-1, R-2 & R-5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R-4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRITE WRIT OR DIRECTION, PERMITTING THE PETITIONERS TO CAST THEIR VOTE IN THE ELECTIONS TO R-3 HULLENAHALLI PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA SCHEDUELD TO BE HELD ON 26.03.2025 PURSUANT TO NOTIFICATION BEARING NO. NIL DATED NIL AND ETC., - 10 - NC: 2025:KHC:16956 WP No. 8897 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 1 W.P.No.8502/2022 dated 7.6.2022 - 11 - NC: 2025:KHC:16956 WP No. 8897 of 2025 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 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. - 12 - NC: 2025:KHC:16956 WP No. 8897 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 BMV* List No.: 1 Sl No.: 23