- 1 - NC: 2025:KHC:16955 WP No. 8889 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. 8889 OF 2025 (CS-EL/M) BETWEEN: 1. SMT CHIKKAKEMPAMMA, W/O MARIJOGIGOWDA, AGED ABOUT 60 YEARS, CHANDAGALU VILLAGE, 2. SMT. JAYAMMA, W/O KENCHAPPA BOREGOWDA, AGED ABOUT 60 YEARS, CHANDAGALU VILLAGE, 3. SMT. BORAMMA, W/O PIKARANA JOGIGOWDA, AGED ABOUT 55 YEARS, CHANDAGALU VILLAGE, 4. SRI. C.T. SHIVAKUMAR, S/O C.M. TAMMEGOWDA, AGED ABOUT 45 YEARS, CHANDAGALU VILLAGE, 5. SMT. CHANNAMMA, W/O BORAIAH C @ JAVAREGOWDA, AGED ABOUT 50 YEARS, CHANDAGALU VILLAGE, 6. SRI. NATHEGOWDA, S/O HOTTE CHANNAPPA JAVAREGOWDA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16955 WP No. 8889 of 2025 AGED ABOUT 50 YEARS, CHANDAGALU VILLAGE, 7. SMT. INDRAMMA, W/O KVADI CHANNEGOWDA, AGED ABOUT 40 YEARS, CHANDAGALU VILLAGE, 8. SRI. C.D. TAMMEGOWDA, S/O DODDA JOGIGOWDA, AGED ABOUT 45 YEARS, CHANDAGALU VILLAGE, 9. SRI. C.J. SURESH, S/O KVADI JOGIGOWDA, AGED ABOUT 40 YEARS, CHANDAGALU VILLAGE, 10. SRI. C.B. DHARMALINGU, S/O BOREGOWDA @ KARIGOWDA, AGED ABOUT 50 YEARS, CHANDAGALU VILLAGE, 11. SRI. C.J.ANAND, S/O SHIVALLI BISANAN JOGIGOWDA, AGED ABOUT 46 YEARS, CHANDAGALU VILLAGE, 12. SRI. C.S. KENCHEGOWDA, S/O SANNAPPA KENCHANARA, AGED ABOUT 50 YEARS, CHANDAGALU VILLAGE, 13. SRI. VENKATESH, S/O SURI JAVAREGOWDA, AGED ABOUT 53 YEARS, - 3 - NC: 2025:KHC:16955 WP No. 8889 of 2025 CHANDAGALU VILLAGE, 14. SRI. SOMU, S/O SANNAPPA KENCHANARA, AGED ABOUT 42 YEARS, CHANDAGALU VILLAGE, 15. SRI. RAMESH @ PUTTEGOWDA, S/O CHIKKATAMMEGOWDA VATTAPPA, AGED ABOUT 45 YEARS, CHANDAGALU VILLAGE, 16. SMT. PRABHAVATHI, W/O DORESWAMI KVADI, AGED ABOUT 38 YEARS, CHANDAGALU VILLAGE, 17. SMT. DEVAMMA, W/O SIDDEGOWDA @ NATHEGOWDA, AGED ABOUT 57 YEARS, CHANDAGALU VILLAGE, 18. SRI. JOGIGOWDA, S/O CHIKKADEGOWDA @ DASAIAHNARA, AGED ABOUT 50 YEARS, CHANDAGALU VILLAGE, 19. SRI. C.B.PRASANNA, S/O A. BOREGOWDA, AGED ABOUT 38 YEARS, CHANDAGALU VILLAGE, 20. SRI. C.M. RAVI, S/O MARIGOWDA SAITU, AGED ABOUT 40 YEARS, CHANDAGALU VILLAGE, - 4 - NC: 2025:KHC:16955 WP No. 8889 of 2025 21. SRI. ARUN J.B., S/O C.J.JAYASWAMI, AGED ABOUT 29 YEARS, CHANDAGALU VILLAGE, 22. SRI.C.J. YOGANANDA, S/O C.K. GANGADHARA HOTTECHANNA, AGED ABOUT 33 YEARS, CHANDAGALU VILLAGE, 23. SRI. JOGIGOWDA, S/O KUNTAPNA JOGIGOWDA, AGED ABOUT 35 YEARS, KURIKOPPALU VILLAGE, 24. SMT. CHIKKATAYAMMA, W/O GULLE CHIKKATAMMEGOWDA, AGED ABOUT 60 YEARS, KURIKOPPALU VILLAGE, 25. SMT. DODDALINGAMMA, W/O KUNDALINGANNA K JOGIGOWDA, AGED ABOUT 65 YEARS, KURIKOPPALU VILLAGE, 26. SMT. YASHODAMMA, W/O KEMPPAIAHNA K JOGIGOWDA, AGED ABOUT 50 YEARS, KURIKOPPALU VILLAGE, 27. SRI. N. RAVI, S/O KEMPAIAH NATHEGOWDA, AGED ABOUT 30 YEARS, KURIKOPPALU VILLAGE, - 5 - NC: 2025:KHC:16955 WP No. 8889 of 2025 28. SMT. CHIKKATAYAMMA, W/O SINGEGOWDA, AGED ABOUT 65 YEARS, KURIKOPPALU VILLAGE, 29. SRI. GURUNINGEGOWDA, S/O B. KARIGOWDA, AGED ABOUT 50 YEARS, CHANDAGALU VILLAGE, 30. SRI. BYREGOWDA, S/O CHANNEGOWDA KURIYAPPNA, AGED ABOUT 55 YEARS, CHANDAGALU VILLAGE, 31. SMT. NAGAMMA, W/O JOGIGOWDA HO KO, AGED ABOUT 55 YEARS, CHANDAGALU VILLAGE, 32. SRI. SOMMALINGA, S/O GANTERA SIDDASHETTY, AGED ABOUT 45 YEARS, UPARAKOPPALU VILLAGE, 33. SRI. RAMAKRISHNA, S/O SIDDASHETTY GANTE, AGED ABOUT 47 YEARS, UPARAKOPPALU VILLAGE, 34. SRI. MAHADEVA S, S/O M. SIDDAIAH, AGED ABOUT 40 YEARS, UPARAKOPPALU VILLAGE, - 6 - NC: 2025:KHC:16955 WP No. 8889 of 2025 35. SMT. JAYAMMA, AGED ABOUT 60 YEARS, W/O.KEMPASHETTY, UPARAKOPPALU VILLAGE 36. SMT. JAYAMMA, AGED ABOUT 55 YEARS, W/O. JAVAREGOWDA HO KO CHANDAGALU VILLAGE, 37. SMT. JAYAMMA, W/O KONDI BETTANNA NARASIMAIAH, AGED ABOUT 62 YEARS, CHANDAGALU VILLAGE, 38. SMT. GIRIJAMBIKE, W/O B.M. MAHADEVAIAH SAPPE, AGED ABOUT 38 YEARS, BILAGULI VILLAGE, 39. SMT. PARVATHAMMA, W/O B SHIVANNA, AGED ABOUT 55 YEARS, BILUGULI VILLAGE, 40. SRI. K.J. RAVI, S/O BOMMANAHALLI JAVAREGOWDA, AGED ABOUT 43 YEARS, KURIKOPPALU VILLAGE, 41. SRI. B. NAGARAJU, S/O BOREGOWDA BORAIAHNA, AGED ABOUT 45 YEARS, CHANDAGALU VILLAGE, ALL ARE RESIDING AT - 7 - NC: 2025:KHC:16955 WP No. 8889 of 2025 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. AMBEDKAR VEEDHI, BENGALURU – 01. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER ALSO THE DISTRICT ELECTON OFFICER, OFFICE OF DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA – 571 401. 3. THE CHANDAGALU PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959, HEAD OFFICE, MANDYA TALUK, MANDYA DISTRICT, MANDYA – 571 401. REPRESENTED BY ITS SECRETARY. 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE – 560 027. REPRESENTED BY ITS SECRETARY. - 8 - NC: 2025:KHC:16955 WP No. 8889 of 2025 5. THE RETURNING OFFICER / COMMISSIONER OF THE CHANDAGALU PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, MANDYA TALUK, MANDYA DISTRICT, MANDYA – 571 401. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R-1, R-2 AND 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 APPROPRIATE WRIT OR DIRECTION, PERMITTING THE PETITIONERS TO CAST THEIR VOTE IN THE ELECTIONS TO RESPONDENT NO.3 CHANDAGALU PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA SCHEDUELD TO BE HELD ON 26.03.2025 PURSUANT TO NOTIFICATION BEARING NO. NIL DATED NIL AND ETC., 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 - 9 - NC: 2025:KHC:16955 WP No. 8889 of 2025 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 announcement of the results by counting even the votes cast by the petitioners. 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:16955 WP No. 8889 of 2025 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 Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the - 11 - NC: 2025:KHC:16955 WP No. 8889 of 2025 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.: 22