- 1 - NC: 2025:KHC:17099 WP No. 11431 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. 11431 OF 2025 (CS-EL/M) BETWEEN: SRI. G. N. DHANANJAYA, S/O T NARAYANA GOWDA, AGED ABOUT 43 YEARS, DIRECTOR, H D KOTE TALUK, AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY (TAPCMS), R/AT GANGADHASAHALLI POST, H.D KOTE TALUK, MYSORE DISTRICT-570 028. …PETITIONER (BY SRI VIJAYA RAGHAVA SARATHY H M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BENGALURU-560 001. 2. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, PUBLIC OFFICE BUILDING, NEW SAYYAJI RAO ROAD, MYSORE-570 021. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSURU SUB-DIVISION, B M ROAD, HUNSUR-571 105. 4. THE H D KOTE TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY (TAPCMS), REP. BY ITS CHIEF EXECUTIVE OFFICER, H D KOTE, MYSORE DISTRICT-571 14. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17099 WP No. 11431 of 2025 5. THE ALANAHALLI PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., REP. BY ITS CHIEF EXECUTIVE OFFICER, ALANAHALLI, H D KOTE TALUK, MYSORE DISTRICT-570 028. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1 TO R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TAPCMS SOCIETY TO ALLOW THE PETITIONER TO PARTICIPATE IN ALL ITS BOARD MEETING AS ELECTED DIRECTOR AND FURTHER ALLOW HIM TO VOTE AND CONTEST AS A CANDIDATE FOR THE ELECTION TO DELEGATE FOR THE MYSORE AND CHAMARAJA NAGAR DISTRICT CO- OPERATIVE CENTRAL BANK LTD., (MDCC SECONDARY BANK) SCHEDULE ON 19TH APRIL 2025 (ANNEXURE-F). 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 petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. 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 - 3 - NC: 2025:KHC:17099 WP No. 11431 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 vote cast by the petitioner. 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 - 4 - NC: 2025:KHC:17099 WP No. 11431 of 2025 copy of this order by taking into account the vote cast by the petitioner 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 vote cast by the petitioner 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.: 26