- 1 - NC: 2025:KHC:17115 WP No. 10001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10001 OF 2025 (CS-EL/M) BETWEEN: SWAMY G.P., S/O PARAMESHWARAPPA, AGED ABOUT 48 YEARS, R/AT GOPALAPURA VILLAGE, KANNEGALA, GUNDLUPET TALUK, CHAMARAJANAGAR – 571 111. …PETITIONER (BY SRI. SAMPATH KUMAR A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR.B.R AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHI NAGAR, BENGALURU – 560 027. REPRESENTED BY ITS COMMISSIONER. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17115 WP No. 10001 of 2025 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, CHAMARAJANAGAR SUB DIVISION, CHAMARAJANAGAR – 571 111. 4. THE MANAGING DIRECTOR, M/S. GOPALAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GOPALAPURA, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT – 571 111. 5. THE MANAGING DIRECTOR, M/S. GOPOLAPURA PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., GOPALAPURA, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT – 571 111. 6. RETURNING OFFICER, GOPALAPURA PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., GOPALAPURA, CHAMARAJANAGAR DISTRICT – 571 111. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3 AND R6; 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 QUASH THE IMPUGNED ORDER OF DISQUALIFICATION DATED 04.02.2021 - 3 - NC: 2025:KHC:17115 WP No. 10001 of 2025 BEARING NO.KRA.SAM.AR-42/KALAM29C/42/2020-21 PASSED BY THE R-3 VIDE ANNEXURE – B AND ETC., THIS 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:17115 WP No. 10001 of 2025 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. 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 each of the above matters 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 each of the above matters. - 5 - NC: 2025:KHC:17115 WP No. 10001 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 VS List No.: 1 Sl No.: 14