- 1 - NC: 2025:KHC:14481 RP No. 160 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 160 OF 2025 BETWEEN: SRI KRISHNAMURTHY S/O REVENABASAVYYA, AGED ABOUT 46 YEARS, SHARE NO. 124, MEMBER OF S GOLLAHALLI MILK PRODUCERS CO OPERATIVE SOCIET LTD THAVEREKERE HOBLI, BANGALORE SOUTH TALUK, BENGALURU 562130. …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO OPERATION M. S BUILDING, DR AMBEDKAR VEEDHI BANGALORE 560001 2. THE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR BANGALORE 560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER DISTRICT ADMINSITRATIVE BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BANGALORE 560110 4. THE RETURNING OFFICER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14481 RP No. 160 of 2025 S GOLAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY CHIKKANAHALLI POST, TAVAREKERE HOBLI, BANGALORE – 562130 5. S GOLAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY CHIKKANAHALLI POST, TAVAREKERE HOBLI, BANGALORE - 562130 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER PRESENTLY BY ITS ADMINISTRATOR 6. CHANDRASHEKAR S/O LATE BHARGAVATTEYA, AGED ABOUT 40 YEARS, 7. J.B.MUTTURAJ S/O KALAMMA, AGED ABOUT 40 YEARS, 8. H.MUTTURAJU S/O ONNAHJAIYAH, AGED ABOUT 42 YEARS, 9. JAYAMMA W/O HOMBAIAH, AGED ABOUT 60 YEARS, 10. GANGAMMA AGED ABOUT 50 YEARS, W/O NAGARAJ, 11. LAKSHMANA MURTHY S/O VENKETESHAIYAH, AGED ABOUT 40 YEARS, 12. UMESH S/O VENKETESHAIYAH, AGED ABOUT 38 YEARS, R/A NO.111, 13. RANGAMMA W/O VENKETESHAIYAH, AGED ABOUT 68 YEARS, 14. G.R.KUMAR - 3 - NC: 2025:KHC:14481 RP No. 160 of 2025 S/O REVENNAA, AGED ABOUT 50 YEARS, 15. SHESHIKALLA W/O G.R.KUMAR, AGED ABOUT 40 YEARS, 16. KRISHNAIYAH S/O PAPPANNA, AGED ABOUT 54 YEARS, 17. PUTTASWAMY S/O MARAKKA, AGED ABOUT 51 YEARS, 18. GANGADHARSWAMY S/O MUTTUMARIYAH, AGED ABOUT 54 YEARS, ALL ARE R/A S. GOLLAHALLI, CHILKANAHAALL POST, TAVEREKERE HOBLI, BENGALURU SOUTH-562130 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; V/O DATED 02.04.2025 NOTICE TO R5 TO R18 D/W) THIS REVIEW PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH ORDER 47 RULE 1 OF CODE OF CIVIL PROCEDURE PRAYING TO REVIEW THE ORDER DATED 14.03.2025 PASSED IN W.P NO. 6625/2025, AT ANNEXURE A RECONSIDER THE CASE AFRESH; AND ETC. THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 4 - NC: 2025:KHC:14481 RP No. 160 of 2025 ORAL ORDER 1. I.A.No.1/2025 is allowed. The petitioner is granted leave to file the above petition. 2. Learned AGA accepts notice for Respondents No.1, 3 and 4. Sri.T.L.Kiran Kumar, learned counsel is directed to accept notice for Respondent No.2. Notice to Respondents No.5 to 18 is dispensed with in view of the proposed order to be filed. 3. The Review Petitioner is before this Court seeking for the following reliefs: a. Review the orders dated 14.03.2025 passed in W.P.No.6625/2025, at Annexure- A, reconsider the case afresh; and b. Pass such other orders as may be deemed appropriate under the circumstances of the case in the ends of justice and equity. 4. The submission of Sri.S.Saravana, learned counsel for the Petitioner, is that Respondents No.6 to 18 are disqualified under Section 20 (2) (a) (v) of the Karnataka Co-operative Societies Act, 1959; they not - 5 - NC: 2025:KHC:14481 RP No. 160 of 2025 having availed the services of Respondent No.5 - Society and as such, they ought not to have been permitted to vote. 5. This submission in my considered opinion would not fall within the ambit of Order 47 of the Code of Civil Procedure for review of the order dated 14.3.2025. This Court vide the said order disposed of the Writ Petition in terms of the decision of Coordinate Bench of this Court in H.S.Raju vs. State of Karnataka1 and others, reserving liberty to any aggrieved person to file a dispute under Section 70 (2) of the Karnataka Cooperative Societies Act, 1959. The said reservation of liberty would also enure to the benefit of the petitioner and or similarly situated person since the Petitioner claims to be a person who has contested the election. 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:14481 RP No. 160 of 2025 6. The further submission of Sri.S.Saravana, learned counsel for the Petitioner is that since disputes are required to be decided, interim reliefs are required to be granted restraining the elected members from assuming office. Interim reliefs if any would also have to be decided in those matters. 7. This Court has not made any observation as regards the merits of the matter and the eligibility of the Petitioner for the interim relief. The same would have to be independently considered by the concerned authority. 8. With the above observations, the Review Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 1