- 1 - NC: 2025:KHC:13115 WP No. 8887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8887 OF 2025 (CS-EL/M) BETWEEN: 1. SHIVANANJAPPA S/O. DASAPPA AGED ABOUT 67 YEARS R/AT/SHANTHINIKETHANA, 3RD MAIN OPP. GANESHA TEMPLE ARCH SHANTHINAGARA TUMAKURU-572 102. MEMBERSHIP NO.339/2 2. SMT.SUJATHA, W/O.ASWATHANARAYAN.N AGED ABOUT 48 YEARS, R/AT. NO.7TH 'A' CROSS HANUMANTHAPURA, TUMAKURU - 572 102. SHARE NO.2204/14 PC NO 572 103. 3. G.C.GANGAIAH S/O.CHALUVAIAH AGED ABOUT 70 YEARS R/AT. NISARGA, 2ND CROSS T.P. KAILASAM ROAD SAPTHAGIRI TUMAKURU-572 102. SHARE NO.572102 SHARE NO.2204/14 4. K. VARADAIAH S/O. KANCHIGAIAH AGED ABOUT 70 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13115 WP No. 8887 of 2025 R/AT. SRI LAKSHMI NARASIMHA KURUPSAPTHAGIRI EXTENSION OPP. HMSSCHOOL, SETTIHALLI ROAD TUMAKURU - 572 102. SHARE NO.408/3, PC NO 572 102. 5. B.H.RAJESH S/O. LATE. HANUMAIAH AGED ABOUT 60 YEARS R/AT. BEHIND NALANDA HIGH SCHOOL BHEEMASANDRA TUMAKURU-572 102. SHARE NO. 756/6, PC NO.572107. 6. K.N.RAJU S/O. LATE. K. NANJAPPA AGED ABOUT 60 YEARS R/AT. “SHIVASHAKTHI”, 1ST MAIN SARASWATHIPURAM, TUMAKURU - 572 102. SHARE NO.291/2, PC NO.572105. 7. NINGAIAH.T S/O. THIRUMALAIAH AGED ABOUT 62 YEARS IV TH MAIN, 1ST CROSS, SADASHIVA NAGARA, TUMAKURU- 572 102. SHARE NO. 712/6 PC NO.572101 8. SMT.D.O.SUJATHA W/O.P. BASAVARJU AGED ABOUT 55 YEARS R/AT. ‘MATHRASREENIVAS' NEAR SAMUDHAYA BHAVAN CYCLE SAND FACTORY ROAD UPPARAHALLI TUMAKURU-572 102. SHARE NO.685/5 PC NO.572102. 9. GANGARAJU.G.V. S/O. VENKATACHALAIAH AGED ABOUT 56 YEARS - 3 - NC: 2025:KHC:13115 WP No. 8887 of 2025 C/O.CHANNAIAH, 2ND CROSS CSI LAYOUT, TUMAKURU - 572 102. SHARE NO.1019/7 PC NO.572105. 10. A. JAYAMURTHY, S/O. ANJANAPPA AGED ABOUT 62 YEARS R/AT. BELAGUMBA MAIN KOTHI THOPPU, AUTO CIRCLE TUMAKURU-572 102. SHARE NO.430/3. 11. SIDDALINGAIAH S/O. LATE. LINGAIAH AGED ABOUT 70 YEARS R/AT.149, 11TH A CROSS, MAHALAKSHMI NAGARA, BATAVADI, TUMAKURU-572 102. SHARE NO.505/14. …PETITIONERS (BY SRI GEORGE ANTHONY CRUZ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, 6TH FLOOR, M.S. BUILDINGS DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE CO-OPERATIVE ELECTION COMMISSION OFFICE AT 3RD FLOOR, SHANTHINAGAR TTMC, 'A' BLOCK, DOUBLE ROAD, SHANTHINAGAR BENGALURU - 560 027. REPRESENTED BY CO-OPERATIVE ELECTION COMMISSIONER. 3. THE CO-OPERATIVE ELECTION AUTHORITY ELECTION AUTHORITY FOR CONDUCTION TO PRIMARY CO-OPERATIVE SOCIETIES - 4 - NC: 2025:KHC:13115 WP No. 8887 of 2025 SIRA, TUMAKURU DISTRICT -572 129. REPRESENTED BY DEPUTY ELECTION COMMISSIONER. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, TUMAKURU DISTRICT, TUMAKURU, MINI VIDHANA SOUDHA, 2ND FLOOR ROOM NO.305, TUMAKURU-572 101. 5. NAGARJUNA PATHINASAHAKARA SANGHA NIYAMITHA, KUNIGALROAD, SADHASHIVANAGARA TUMAKURU DISTRICT-572 137. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/SECRETARY. 6. THE RETURNING OFFICER, NAGARJUNA PATHINASAHAKARA SANGHA NIYAMITHA, KUNIGAL ROAD, SADHASHIVANAGARA TUMAKURU DISTRICT-572 137 (SOCIETY REGISTERED UNDER THE KCS ACT, 1959). …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1, R4, R6 SRI T L KIRAN KUMAR, ADVOCATE FOR R2 & R3 SRI A C BALARAJ, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF THE RETURNING OFFICER-R-6 PERTAINING TO THE ELECTION RECORDS PENDING ON THE FILE OF RESPONDENT NO.5 PERTAINING TO NAGARJUNA PATHINASAHAKARA SANGHA NIYAMITHA, KUNIGAL ROAD, SADHASHIVANAGARA, TUMAKURU DISTRICT PERTAINING TO THE ELECTION RESULT HELD ON 16-02-2025 AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2025:KHC:13115 WP No. 8887 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 - 6 - NC: 2025:KHC:13115 WP No. 8887 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 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 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 accordance with the applicable law, this court has not expressed any opinion on those issues. - 7 - NC: 2025:KHC:13115 WP No. 8887 of 2025 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 MR List No.: 2 Sl No.: 66