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2025 DAILYLAW 23599 (KAR)

SRI. GOPEGOWDA v. THE STATE OF KARNATAKA

WP/11058/2025 · 2025-04-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17091 WP No. 11058 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. 11058 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. GOPEGOWDA S/O YANANI HUCHEGOWDA AGED ABOUT 45 YEARS 2. SRI. RAMEGOWDA S/O HONNEGOWDA AGED ABOUT 65 YEARS 3. SRI.VISHAKANTACHARI S/O PUTTABASAVACHARI AGED ABOUT 50 YEARS 4. SRI.CHANNEGOWDA @ KAPAREGOWDA S/O DODDAGENDEGOWDA AGED ABOUT 65 YEARS 5. SRI.M.PANCHALINGAIAH S/O M.MUDDEGOWDA AGED ABOUT 68 YEARS 6. SRI.M.KRISHNAIAH S/O CHIKKAHONNAIANA THIMMEGOWDA AGED ABOUT 50 YEARS 7. SRI.K.T.SRINIVASMURTHY S/O THIRUVENKATAPPA AGED ABOUT 55 YEARS 8. SRI.M.PANCHALINGEGOWDA S/O CHAKKANADODDAMUC.DEGOWDA AGED ABOUT 50 YEARS 9. SRI.SHANKAREGOWDA S/O DODDAMUDDEGOWDA AGED ABOUT 65 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17091 WP No. 11058 of 2025 10. SRI. RAJU S/O KARIMUDDEGOWDA AGED ABOUT 60 YEARS 11. SMT.PUTTALINGAMMA W/O MARIHUCCHANA DODDAMUDDEGOWDA AGED ABOUT 68 YEARS 12. SMT.SANNAMMA W/O KARIGOWDA AGED ABOUT 60 YEARS 13. SMT.M.CHANDRAMMA W/O HOTEL MANCHEGOWDA AGED ABOUT 55 YEARS 14. SRI.MARIJOGAIAH S/O SIDDEGOWDA AGED ABOUT 50 YEARS 15. SMT.PADMAMMA W/O VISHAKANTACHARI AGED ABOUT 45 YEARS 16. SMT.NAGAMMA W/O NANJUNDAIAH AGED ABOUT 55 YEARS 17. SMT.NARASAMMA W/O CHAKKANA DODDAMUDDEGOWDA AGED ABOUT 40 YEARS 18. SRI. SHIVANNA S/O M.MUDDAIAH AGED ABOUT 48 YEARS 19. SRI.SOMASHEKAR S/O NANJUNDAIAH AGED ABOUT 48 YEARS 20. SRI. VENKATARAMU S/O HONNEGOWDA AGED ABOUT 55 YEARS 21. SMT.GIRIYAMMA W/O VENKATASHETTY AGED ABOUT 45 YEARS - 3 - NC: 2025:KHC:17091 WP No. 11058 of 2025 22. SRI. KALEGOWDA.C S/O DODDANATHEGOWDA AGED ABOUT 68 YEARS 23. SRI. DEVARAJU S/O KOMBAIANA MUDDEGOWDA AGED ABOUT 55 YEARS 24. SMT.CHIKKAMMA W/O MUDDEGOWDA AGED ABOUT 60 YEARS 25. SMT.CHANNAMMA W/O KALEGOWDANA CHIKKEGOWDA AGED ABOUT 65 YEARS 26. SMT. THAYAMMA W/O M. PANCHALINGALAH AGED ABOUT 45 YEARS 27. SRI. RAJU S/O MARIGOPEGOWDANA GOPEGOWDA AGED ABOUT 45 YEARS 28. SRI.SHANKARAIAH S/O BETTAIAH AGED ABOUT 55 YEARS 29. SMT.M.C.THAYAMMA W/O M.K.JAYARAMU AGED ABOUT 40 YEARS 30. SMT.SUNANDAMMA W/O H.J.RAJU AGED ABOUT 68 YEARS 31. SRI.S.MAHESH S/O SHIVALINGAIAH AGED ABOUT 55 YEARS 32. SMT.LAKSHMI W/O DODDAIDEGOWDA AGED ABOUT 32 YEARS 33. SRI. APPAJI S/O SANNAIAH AGED ABOUT 48 YEARS - 4 - NC: 2025:KHC:17091 WP No. 11058 of 2025 34. SRI. BORAIAH S/O GAVISIDDAIAH AGED ABOUT 52 YEARS 35. SMT.MEENAKSHAMMA AGED ABOUT 54 YEARS W/O M.C.PANCHALINGALAH 36. SMT.CHIKKAMARIYAMMA W/O DODDATHAMAIAH AGED ABOUT 58 YEARS 37. SRI.CHIKKANNACHAR S/O ANNACHAR AGED ABOUT 55 YEARS 38. SMT.NINGAMMA W/O KENCHEGOWDA AGED ABOUT 65 YEARS 39. SRI.M.K.LALITHA W/O KENCHEGOWDA AGED ABOUT 36 YEARS 40. SMT.SUKANYA W/O KARIGOWDA AGED ABOUT 38 YEARS 41. SRI.M.S.HEMAVATHI W/O M.SHIVARAMU AGED ABOUT 48 YEARS 42. SMT.M.S.YOGAMANI W/O M.SHIVARAMU AGED ABOUT 55 YEARS 43. SMT.JAYAMMA W/O PUTTALINGAIAH AGED ABOUT 55 YEARS 44. SMT.SARASHI W/O MUDALAGIRISHETTY AGED ABOUT 40 YEARS - 5 - NC: 2025:KHC:17091 WP No. 11058 of 2025 45. SMT.NALINI W/O HOTEL MANCHAIAH AGED ABOUT 58 YEARS 46. SMT. VIJAYA W/O MUDALAGIRISHETTY AGED ABOUT 48 YEARS 47. SMT.RUKMINI W/O DASASHETTY AGED ABOUT 48 YEARS 48. SMT.JAYARATHNAMMA W/O LINGACHARI AGED ABOUT 58 YEARS 49. SMT.BHAGYAMMA W/O SINGRIGOWDA AGED ABOUT 65 YEARS 50. SMT.MANGALAMMA W/O RAJANNA AGED ABOUT 55 YEARS 51. SMT.M.GELUVAMBHA W/O M.MUDDEGOWDA AGED ABOUT 53 YEARS 52. SRI.SRINIVAS S/O CHIKKANNAGOWDA AGED ABOUT 58 YEARS 53. SMT.SOWBHAGYAMMA.K.R W/O K.T.SRINIVASMURTHY AGED ABOUT 52 YEARS 54. SRI.GOPAL S/O CHIKKANNAGOWDA AGED ABOUT 55 YEARS 55. SRI.M.S.SOMASHEKAR S/O M.SHIVALINGAIAH AGED ABOUT 48 YEARS 56. SMT.JAYARATHNAMMA W/O CHIKKANNAGOWDA AGED ABOUT 68 YEARS - 6 - NC: 2025:KHC:17091 WP No. 11058 of 2025 57. SMT.BHAGYAMMA W/O PUTTALINGAIAH AGED ABOUT 58 YEARS 58. SMT.GOWRAMMA W/O RAJU AGED ABOUT 62 YEARS 59. SRI.M.CHANDRASHEKAR S/O KARIYAPPA AGED ABOUT 58 YEARS 60. SRI.MUDDEGOWDA S/O MUDDUVENKATEGOWDA AGED ABOUT 48 YEARS 61. SRI.KRISHNA S/O HOTTEMUDDANA KALINGEGOWDA AGED ABOUT 60 YEARS 62. SMT.KAMALAMMA W/O M.C.SHANKAREGOWDA AGED ABOUT 57 YEARS 63. SRI.M.H.HANUMANTHAIAH S/O HANUMANTHIAH AGED ABOUT 58 YEARS 64. SRI.RAMALINGA S/O MUDDALINGAIAH AGED ABOUT 38 YEARS 65. SRI.M.K.RAJU S/O KARIGOWDA AGED ABOUT 43 YEARS 66. SMT.K.P.HEMAVATHI W/O M.K.RAMAKRISHNA AGED ABOUT 54 YEARS 67. SRI.M.C.BHASKAR S/O CHANNEGOWDA AGED ABOUT 58 YEARS 68. SRI.NANJUNDAJAH S/O GOWDALAH AGED ABOUT 52 YEARS - 7 - NC: 2025:KHC:17091 WP No. 11058 of 2025 69. SMT.RAJAMMA W/O CHIKKEMPEGOWDA AGED ABOUT 60 YEARS 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. SRI. LOKESH S/O GOPALAIAH AGED ABOUT 58 YEARS SMT.MANGALAMMA W/O BELLEKERE KULLEGOWDA AGED ABOUT 49 YEARS SMT. RATHNAMMA W/O M.C.MUDDEGOWDA AGED ABOUT 47 YEARS SMT.MARICHANNAMMA W/O M.C.PANCHALINGEGOWDA AGED ABOUT 46 YEARS SMT.S.K.KALAVATHI W/O M.CHANDRASHEKAR AGED ABOUT 45 YEARS SMT.H.R.NANDINI W/O RAMALINGAIAH AGED ABOUT 43 YEARS SMT.HEMAVATHI W/O M.C.SHIVAKUMAR AGED ABOUT 52 YEARS SMT.M.B.HEMAVATHI W/O BOREGOWDA AGED ABOUT 54 YEARS SMT.SAVITHA W/O M.C.KEMPEGOWDA AGED ABOUT 48 YEARS SRI.M.R.SATHISH S/O K.V. RAJANNA AGED ABOUT 37 YEARS SRI.M.C.SHANKAREGOWDA S/O CHIKKAMOGEGOWDA AGED ABOUT 45 YEARS - 8 - NC: 2025:KHC:17091 WP No. 11058 of 2025 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. SMT.S.N.PRABHAVATHI W/O M.C.SHANKAREGOWDA AGED ABOUT 60 YEARS SMT.SUKANYA W/O M.C.PUTTARAJU AGED ABOUT 48 YEARS SMT.NANJAMMA W/O KULLINGI GOPEGOWDA AGED ABOUT 50 YEARS SMT. MANJULA K.P W/O RAMALINGAIAH AGED ABOUT 45 YEARS SMT.JAYALAKSHMAMMA W/O DODDANATHEGOWDA AGED ABOUT 48 YEARS SRI.SHIVARATHNAMMA W/O YOGARAJU AGED ABOUT 45 YEARS SMT.DODDATHAYAMMA W/O MUGUREGOWDA AGED ABOUT 40 YEARS SMT. NAGAMMA W/O GONIKARIGOWDA AGED ABOUT 51 YEARS SMT.SUDHA W/O SOMASHEKAR AGED ABOUT 37 YEARS SMT.M.K.MANJULA W/O GONIKARIGOWDA AGED ABOUT 42 YEARS SMT.PREMA W/O MEDDANANA KENCHEGOWDA AGED ABOUT 48 YEARS - 9 - NC: 2025:KHC:17091 WP No. 11058 of 2025 92. 93 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. SRI.M.C.SHIVAKUMAR S/O CHANNEGOWDA AGED ABOUT 41 YEARS SMT.GOWRAMMA W/O KALACHANNEGOWDA AGED ABOUT 48 YEARS SMT.PUTTAMMA W/O NINGEGOWDA AGED ABOUT 44 YEARS SRI.M.C.UMESH S/O C.CHANNEGOWDA AGED ABOUT 38 YEARS SRI.NAGARAJU.M.C S/O CHIKKAKARIGOWDA AGED ABOUT 43 YEARS SRI.M.C.MUDDEGOWDA S/O CHIKKAMOGEGOWDA AGED ABOUT 42 YEARS SMT.SUDHA W/O SHIVANNA AGED ABOUT 41 YEARS SRI.CHANNEGOWDA S/O DODDANATHEGOWDA AGED ABOUT 40 YEARS SMT.SUSHEELAMMA W/O BASAVEGOWDA AGED ABOUT 38 YEARS SRI.M.C.PUTTARAJU S/O CHIKKAMUDDEGOWDA AGED ABOUT 39 YEARS SRI.M.C.KEMPEGOWDA S/O CHANNEGOWDA AGED ABOUT 44 YEARS SRI.ANANDA.M.K S/O KALACHANNEGOWDA AGED ABOUT 43 YEARS - 10 - NC: 2025:KHC:17091 WP No. 11058 of 2025 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. SRI.M.C.NAGESHMURTHY S/O CHIKKAMUDDEGOWDA AGED ABOUT 41 YEARS SMT.M.K.LAKSHMI W/O KARIYAPPA AGED ABOUT 40 YEARS SMT.AMBHUJAMMA W/O ARASAIAH AGED ABOUT 37 YEARS SRI.M.K.SHIVANNA S/O KENCHEGOWDA AGED ABOUT 33 YEARS SMT.M.K.YASHODAMMA W/O KENCHEGOWDA AGED ABOUT 32 YEARS SMT.KAMALAMMA W/O M.S.RAMESH AGED ABOUT 31 YEARS SMT.LATHA W/O NINGEGOWDA AGED ABOUT 30 YEARS SMT.K.N.MAMATHA W/O K.R.NARASHIMAIAH AGED ABOUT 48 YEARS SMT.M.S.POORNIMA W/O SANNAIAH AGED ABOUT 42 YEARS SRI.M.L.ANAND S/O LINGANNA AGED ABOUT 41 YEARS SMT. CHIKKATHAYAMMA W/O CHIKKAMOGA AGED ABOUT 43 YEARS SMT.M.C.MANJULA W/O RAJANNA AGED ABOUT 48 YEARS - 11 - NC: 2025:KHC:17091 WP No. 11058 of 2025 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. SMT. VIJAYALAKSHMI W/O H.RAMALINGEGOWDA AGED ABOUT 42 YEARS SRI.M.S.SATHISH S/O SIDDEGOWDA AGED ABOUT 44 YEARS SMT. THAYAMMA W/O NINGEGOWDA AGED ABOUT 47 YEARS SRI.GOPALA S/O GOPEGOWDA AGED ABOUT 43 YEARS SMT. PREMA W/O NANJAPPA AGED ABOUT 42 YEARS SMT. RAJESHWARI W/O RAMANNA AGED ABOUT 29 YEARS SMT.BHAGYAMMA W/O H.RAJANNA AGED ABOUT 38 YEARS SRI. VENKATESH S/O LINGEGOWDA AGED ABOUT 42 YEARS SMT. CHIKKATHAYAMMA W/O M.RAMANNA AGED ABOUT 34 YEARS SRI.M.R.SANJAY KUMAR S/O M.RAMANNA AGED ABOUT 35 YEARS SMT.RENUKA W/O ARASAIAH AGED ABOUT 36 YEARS SRI.M.C.ANANDA S/O C.CHIKKACHANNIAH AGED ABOUT 37 YEARS - 12 - NC: 2025:KHC:17091 WP No. 11058 of 2025 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. SMT.KEMPAMMA W/O VENKATARAMU AGED ABOUT 39 YEARS SMT. VIJAYAMMA W/O B.RAMALINGAIAH AGED ABOUT 41 YEAR SMT.JAYANTHI W/O SOMASHEKAR AGED ABOUT 43 YEARS SMT. NAGARATHNA W/O M.RAMANNA AGED ABOUT 42 YEARS SRI.APPAJI S/O SHANKAREGOWDA AGED ABOUT 48 YEARS SRI.CHANNEGOWDA S/O KEMPEGOWDA AGED ABOUT 42 YEARS SMT. RATHNAMMA W/O SHANKAREGOWDA AGED ABOUT 41 YEARS SRI.M.N.LOKESH KUMAR S/O NARAYANASWAMY AGED ABOUT 40 YEARS SMT.CHIKKACHANNAMMA W/O SHANKAREGOWDA AGED ABOUT 43 YEARS SRI. VENKATESH S/O KENCHEGOWDA AGED ABOUT 42 YEARS SRI.RAJU.Μ.Τ S/O THAMMEGOWDA AGED ABOUT 39 YEARS SRI. DODDAPUTTA S/O CHANNEGOWDA AGED ABOUT 43 YEARS - 13 - NC: 2025:KHC:17091 WP No. 11058 of 2025 140. 141. 142. 143 144. 145. 146. 147. 148. 149. 150. 151. SMT.PADMAMMA W/O CHIKKNNA AGED ABOUT 42 YEARS SMT.JAYAMMA W/O DODDAKADAIAH AGED ABOUT 41 YEARS SMT.JAYAMMA W/O PUTTASWAMY AGED ABOUT 32 YEARS SRI. SHIVARAMU S/O MARIGOWDA AGED ABOUT 33 YEARS SMT. PUTTACHANNAMMA W/O PUTTASWAMY AGED ABOUT 31 YEARS SMT.M.SHANTHAMMA W/O SHANKRAIAH AGED ABOUT 40 YEARS SMT.KEMPARAJAMMA W/O KRISHNA AGED ABOUT 42 YEARS SRI.M.N.SUNDAR AGED ABOUT 44 YEARS S/O NINGEGOWDA SRI.M.J.KUMAR S/O JAVAREGOWDA AGED ABOUT 43 YEARS SRI.VIJAYA S/O MARIGOWDA AGED ABOUT 42 YEARS SMT. MAHADEVAMMA W/O CHALUVAIAH AGED ABOUT 41 YEARS SMT.CHANNAMMA W/O SHANKAREGOWDA AGED ABOUT 42 YEARS - 14 - NC: 2025:KHC:17091 WP No. 11058 of 2025 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. SRI.SHIVALINGAIAH S/O MUDDEGOWDA AGED ABOUT 44 YEARS SMT. MEENAKSHI W/O PANCHALINGEGOWIDA.M.C AGED ABOUT 40 YEARS SRI. SHIVAKUMAR S/O POLICE MUDDALAH AGED ABOUT 41 YEARS SRI. SRINIVAS SHETTY S/O VENKATACHALA SHETTY AGED ABOUT 40 YEARS SRI. ANANDA SIO NANJUNDAPPA AGED ABOUT 38 YEARS SMT.LAKSHMAMMA W/O MARIGOWDA AGED ABOUT 39 YEARS SMT.H.B.YASHODA W/O M.S.PRAKASH AGED ABOUT 41 YEARS SRI.M.K.SHANKAR S/O MOLLEKEMPEGOWDA AGED ABOUT 43 YEARS SRI.GOPALA S/O CHIKKANNA AGED ABOUT 48 YEARS SRI.DEVARAJU S/O KADEGOWDA AGED ABOUT 44 YEARS SRI. NATHAPPA S/O KARIGOWDA AGED ABOUT 46 YEARS SRI. GANGADHAR.M.R S/O RAMALAH AGED ABOUT 47 YEARS - 15 - NC: 2025:KHC:17091 WP No. 11058 of 2025 164. 165. 166. 167. 168. 169. 170. 171. 172 173. 174. 175. SMT.KEMPAMMA W/O NATHEGOWDA AGED ABOUT 48 YEARS SRI. SHANKARACHARI S/O PUTTACHARI AGED ABOUT 39 YEARS SMT. MANJULA W/O DANAPAL SHETTY AGED ABOUT 38 YEARS SRI.M.G.NANDISH S/O C.GADDAIAH AGED ABOUT 43 YEARS SMT. CHANDRAMMA W/O KRISHNEGOWDA AGED ABOUT 44 YEARS SMT. NINGAMMA W/O BORIKULLANA CHIKKALINGEGOWDA AGED ABOUT 46 YEARS SMT.GEETHA W/O RAMANNA AGED ABOUT 42 YEARS SRI.MALLESH S/O KARIGOWDA AGED ABOUT 44 YEARS SMT. RADHA W/O LINGAIAH AGED ABOUT 42 YEARS SMT.M.C.HEMAVATHI W/O CHALUVAIAH AGED ABOUT 39 YEARS SMT. SUSHEELA W/O CHIKKAPUTTEGOWDA AGED ABOUT 37 YEARS SMT.SAKAMMA W/O CHIKKAPUTTEGOWDA AGED ABOUT 44 YEARS - 16 - NC: 2025:KHC:17091 WP No. 11058 of 2025 176. 177. 178. 179. 180. 181. SMT.H.S.SUMITHRA W/O M.C.SHIVALINGAIAH AGED ABOUT 44 YEARS SMT. SUSHEELA W/O C.KRISHNA AGED ABOUT 41 YEARS SRI.M.C.LOKESH S/O CHIKKALINGAIAH AGED ABOUT 40 YEARS SMT. GOWRAMMA W/O CHANNAIAH AGED ABOUT 54 YEARS SRI. SHIVALINGAIAH S/O MARIGOPEGOWDNA GOPEGOWDA AGED ABOUT 56 YEARS SRI. M.K. SHANKARA S/O KARIYAPPA AGED ABOUT 59 YEARS ALL ARE RESIDING AT MARGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DISTRICT-571446 …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-560027 - 17 - NC: 2025:KHC:17091 WP No. 11058 of 2025 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, MARAGOWDANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, MARAGOWDANAHALLI VILLAGE KERAGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 446. 6. THE MARAGOWDANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD MARAGOWDANAHALLI VILLAGE KERAGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 446. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. B.S. JEEVAN KUMAR., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING 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 12-04-2025 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 18 - NC: 2025:KHC:17091 WP No. 11058 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 - 19 - NC: 2025:KHC:17091 WP No. 11058 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 - 20 - NC: 2025:KHC:17091 WP No. 11058 of 2025 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 SR List No.: 1 Sl No.: 20