- 1 - HC-KAR NC: 2025:KHC:24330 WP No. 11115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11115 OF 2025 (CS-EL/M) BETWEEN: SRI S K NAGESH S/O LATE KEMPAIAH AGED ABOUT 56 YEARS, OCC. DIRECTOR OF 5TH RESPONDENT SOCIETY, R/AT BINDAGANAVILE ROAD T.B.EXTENSION NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432 …PETITIONER (BY SRI. RAVINDRA PRASAD B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT MS BUILDING BENGALURU - 560 001 REP BY PRINCIPAL SECRETARY. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES PANDAVAPURA SUB-DIVISION, MANDYA DISTRICT MANDYA - 571 434 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DIVISION, PANDAVAPURA SUB-DIVISION, MANDYA DISTRICT MANDYA - 571 434 4. THE RETURNING OFFICER NEGILAYOGI CREDIT CO-OPERATIVE SOCIETY LTD., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24330 WP No. 11115 of 2025 NAGAMANGALA TALUK MANDYA DISTRICT - 571 434. 5. THE NEGILAYOGI CREDIT CO-OPERATIVE SOCIETY R/AT KURUBARA SANGHA BUILDING B.M.ROAD NAGALAMANGAL - 571 432 REP BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI.YOGESH D.NAIK .,AGA FOR R-1 TO R-4; NOTICE SERVED TO R-5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R2 AND R3 SHALL NOT PASS ANY ORDER AGAINST THE PETITIONER ON OR BEFORE 11/04/2025 BARRING THE PETITIONER FROM CONTESTING AND CASTING VOTE IN THE R5 ELECTION SCHEDULED ON 10/04/2025. 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 interim order had permitted the petitioner who was declared to be ineligible voter to cast his vote in the elections of the Society, subject to the result of the writ petition. - 3 - HC-KAR NC: 2025:KHC:24330 WP No. 11115 of 2025 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 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: 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - HC-KAR NC: 2025:KHC:24330 WP No. 11115 of 2025 ORDER i) The Writ Petition is disposed of. ii) The Returning Officer in this matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the vote cast by the petitioner. 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 vote cast by the petitioner which had been directed to be kept in separate box, if any shall continue to be retained in a separate box until - 5 - HC-KAR NC: 2025:KHC:24330 WP No. 11115 of 2025 the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 118