- 1 - NC: 2025:KHC:17096 WP No. 11080 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. 11080 OF 2025 (CS-EL/M) BETWEEN: 1. SRI M C KALAIAH, S/O MUKKADIGOWDA, AGED ABOUT 45 YEARS, R/AT B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 2. SRI.M.SHIVARAMU, S/O MUKKADIGOWDA, AGED ABOUT 65 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 3. SMT. BHARATHI, W/O KALEGOWDRU PUTTASWAMY, AGED ABOUT 50 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 4. SMT. RADHAMANI, W/O Y.C.SHANKAREGOWDA, AGED ABOUT 65 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 5. SMT. SHOBHA, W/O DEVAIAH, AGED ABOUT 68 YEARS, R/AT.B. YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 6. SMT. SAKAMMA, W/O MUTTEGOWDA, AGED ABOUT 50 YEARS, R/AT. B.YARAHALLI VILLAGE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17096 WP No. 11080 of 2025 KOTTATTHI HOBLI, MANDYA TALUK & DIST. 7. SRI.Y.B.POORNACHANDRA, S/O Y.C.BOMMEGOWDA, AGED ABOUT 55 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 8. SRI.RAJESH, S/O BOMMAIAH, AGED ABOUT 50 YEARS, R/AT B YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 9. SMT.LAKSHMAMMA, W/O YELLAIAH, AGED ABOUT 65 YEARS, R/AT. B. YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 10. SMT.MAHADEVAMMA, W/O CHIKKAMAYIGAIAH, AGED ABOUT 60 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 11. SRI.SURESH, S/O SAMPAHALLI DODDAIDEGOWDA, AGED ABOUT 68 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 12. SMT. POORNIMA.Y.M, W/O C.MAHADEVA, AGED ABOUT 60 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. 13. SMT.CHIKKAHUCHAMMA, W/O DEVARAGUDNA KALAIAH, AGED ABOUT 55 YEARS, R/AT.B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. - 3 - NC: 2025:KHC:17096 WP No. 11080 of 2025 14. SRI.JAGADISH, S/O HOTEL THAMMANNA, AGED ABOUT 50 YEARS, R/AT. B. YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK & DIST. PINCODE OF ALL PETITIONERS IS 571 404. …PETITIONERS (BY SRI PUTTARAJU H B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, "A" BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA TALUK, MANDYA DISTRICT-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE RETURNING OFFICER, B. YARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, B.YARAHALLI VILLAGE, KOTTATTHI HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 404. 6. THE B.YARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, B. YARAHALLI VILLAGE KOTTATTHI HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 404. REP. BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 TO R-5; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2; SRI B S JEEVAN KUMAR, ADVOCATE FOR R-6) - 4 - NC: 2025:KHC:17096 WP No. 11080 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST I.E., ANNEXURE-B, AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 6TH RESPONDENT SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 10.04.2025 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 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:17096 WP No. 11080 of 2025 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. 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 - 6 - NC: 2025:KHC:17096 WP No. 11080 of 2025 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 timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 22