- 1 - NC: 2025:KHC:16692 WP No. 10769 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10769 OF 2025 (CS-EL/M) BETWEEN: 1. SMT CHANNAMMA W/O MUGININGANADODDAIDEGOWDA AGED ABOUT, 78 YEARS. SHARE NO.167 2. SMT. PADMA W/O CHOWDEGOWDA AGED ABOUT, 58 YEARS. SHARE NO.192 3. SRI. SHIVARAMU S/O MUKKKADIGOWDA AGED ABOUT, 65 YEARS SHARE NO.219 4. SRI. KRISHNA S/O GANTUMAYIGOWDRACHOWDAIAH. AGED ABOUT, 56 YEARS. SHARE NO.297 5. SRI. A.C.YUVARAJU S/O A.C.CHANNEGOWDA. AGED ABOUT, 50 YEARS SHARE NO. 319 6. SMT. RADHAMANI. W/O Y.C. SHANKAREGOWDA. AGED ABOUT, 55 YEARS. SHARE NO. 370. 7. SMT. K. RATHNA. W/O K.SHIVALINGAIAH. AGED ABOUT, 59 YEARS. SHARE NO. 378. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16692 WP No. 10769 of 2025 8. SMT. SUNDARAMMA. W/O SABALEPAPANNA. AGED ABOUT, 56 YEARS. SHARE NO. 380 9. SMT. SAVITHA. W/O A.C YUAVARAJ. AGED ABOUT, 47 YEARS. SHARE NO. 387 10. SRI. JAGADISHA S/O HOTEL THAMMANNA. AGED ABOUT, 55 YEARS. SHARE NO. 433 11. SRI. Y.M. RAMESHA. S/O MARIGOWDA AGED ABOUT, 50 YEARS. SHARE NO. 485 12. SRI. YOGESHA. S/O HONNAIAHNAKOJANAHALLI. AGED ABOUT, 46 YEARS. SHARE NO. 488. 13. SMT. BHARATHI. W/O CHOWDAIANA KRISHNA. AGED ABOUT, 52 YEARS. SHARE NO. 497. 14. SRI. MITHUN RAJ. S/O A.C. DEVARAJ. AGED ABOUT, 36 YEARS. SHARE NO. 506. 15. SMT. BHARATHI. W/O KADIKALEGOWDAMUKKADIGOWDA. AGED ABOUT, 51 YEARS. SHARE NO. 513. 16. SMT. SHOBHA. W/O PUTTASWAMYARADI. AGED ABOUT, 43 YEARS. SHARE NO. 568 - 3 - NC: 2025:KHC:16692 WP No. 10769 of 2025 17. SRI. Y.P.UMESH. S/O PAPANNA. AGED ABOUT, 37 YEARS. SHARE NO. 584. 18. SMT. LATHAMANI. W/OSHIVARAMU. AGED ABOUT, 46 YEARS. SHARE NO. 651 ALL ARE R/AT B. YARAHALLI, KOTHATHI HOBLI MANDYA TALUK, MANDYA DISTRICT-571404. …PETITIONERS (BY SRI. SHANKAR H S., 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 PRINCIPLE SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION. 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY 3. B. YARAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD B. YARAHALLI, KOTHATHI HOBLI, MANDYA TALUK MANDYA DISTRICT-571404 REPRESENTED BY ITS CEO (A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) 4. RETURNING OFFICER, B. YARAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD B.YARAHALLI, KOTHATHI HOBLI, MANDYA TALUK MANDYA DISTRICT- 571404. - 4 - NC: 2025:KHC:16692 WP No. 10769 of 2025 (A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R3-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R2 TO 4 TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO R3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10/04/2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:16692 WP No. 10769 of 2025 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. 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. - 6 - NC: 2025:KHC:16692 WP No. 10769 of 2025 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. 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 PRS List No.: 2 Sl No.: 21