- 1 - NC: 2025:KHC:17576 WP No. 12272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12272 OF 2025 (CS-EL/M) BETWEEN: 1. M K RAVINDRA, S/O KARIGOWDA, AGED ABOUT 38 YEARS, MEMBERSHIP NO.07. 2. M H SHIVA PRASAD, S/O HANUME GOWDA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.51. 3. T RAMACHANDRA, S/O THIME GOWDA, AGED ABOUT 63 YEARS MEMBERSHIP NO.115. 4. M K RAJU, S/O KARIGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.116. 5. JAYARAMU, S/O MAREGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.178. 6. RAMESHA M S, S/O MUNIGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.184. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17576 WP No. 12272 of 2025 7. RAMALINGE GOWDA, S/O SHANKARE GOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.213. 8. PUTTASIDDAIAH, S/O SHANKARE GOWDA, AGED ABOUT 35 YEARS, MEMBERSHIP NO.218. 9. MARI GOWDA, S/O HUCHAIAH, AGED ABOUT 43 YEARS, MEMBERSHIP NO.326. 10. KAVERAMMA, W/O LATE THAMME GOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.2. 11. V GIRISHA, S/O VISHWANATH, AGED ABOUT 50 YEARS, RAMANAGARA DISTRICT-562138 MEMBERSHIP NO.77. 12. PUTTEGOWDA M S, S/O SIDDE GOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.219. 13. GOPAL M C, S/O CHICKKANNA, AGED ABOUT 36 YEARS, MEMBERSHIP NO.317. 14. THYAMMA, W/O SHIVALINGAIAH, AGED ABOUT 38 YEARS, MEMBERSHIP NO.363. - 3 - NC: 2025:KHC:17576 WP No. 12272 of 2025 15. M S SUDHEENDRA KUMAR, S/O SHANKARE GOWDA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.370. 16. D MEENA, W/O M R KRISHNA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.374. 17. M S PRASHANTH, S/O SHIVALINGAIAH, AGED ABOUT 51 YEARS, MEMBERSHIP NO.378. 18. T MADHUSUDHAN, S/O M K THAME GOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.396. 19. SHANTHAMMA, W/O MADHEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.409. 20. CHIKKAIDE GOWDA, S/O BASAVE GOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.397. 21. PRADEEP KUMAR, S/O THAMMANNA GOWDA, AGED ABOUT 44 YEARS MEMBERSHIP NO.622. 22. ANKE GOWDA, S/O CHICKANNA, AGED ABOUT 32 YEARS, MEMBERSHIP NO.146. - 4 - NC: 2025:KHC:17576 WP No. 12272 of 2025 23. SUDHA B N, W/O SHIVAKUMAR, AGED ABOUT 55 YEARS, MEMBERSHIP NO.233. 24. SHIVA KUMAR M, S/O MARI LINGE GOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.402. 25. NAGMANI S, W/O SURESH, AGED ABOUT 58 YEARS, MEMBERSHIP NO.623. 26. JAYAMMA, W/O MARINATH @ SHANTHANNA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.285. 27. RAJAGOPALA, S/O SIDDAIAH, AGED ABOUT 52 YEARS MEMBERSHIP NO.393. 28. VENKATE GOWDA, S/O PAPE GOWDA, AGED ABOUT 54 YEARS MEMBERSHIP NO.411. 29. NAGAMMA, W/O DASE GOWDA, AGED ABOUT 61 YEARS MEMBERSHIP NO.137. 30. SHANKARAMMA M C, S/O CHANNEGOWDA, AGED ABOUT 66 YEARS MEMBERSHIP NO.415. - 5 - NC: 2025:KHC:17576 WP No. 12272 of 2025 31. SURESH M, S/O MANJE GOWDA, AGED ABOUT 62 YEARS MEMBERSHIP NO.427. 32. RAMESH BABU, S/O NINGE GOWDA, AGED ABOUT 35 YEARS MEMBERSHIP NO.436. 33. NAGARATHNAMMA, AGED ABOUT 42 YEARS, W/O MALLESH,MEMBERSHIP NO. 440. 34. SHIVAMMA, AGED ABOUT 47 YEARS, W/O RAJSHEKAR,MEMBERSHIP NO.473. 35. PRAKASH B, AGED ABOUT 52 YEARS, S/O BASAVEGOWDA,MEMBERSHIP NO.434. 36. YASHODAMMA, AGED ABOUT 63 YEARS, W/O RAMAKRISHNA,MEMBERSHIP NO.481. 37. KRISHNE GOWDA, AGED ABOUT 42 YEARS, S/O CHANNE GOWDA,MEMBERSHIP NO. 168 38. NINGAMMA, AGED ABOUT 56 YEARS W/O ERANKE GOWDA,MEMBERSHI NO.524. 39. RAMESH AGED ABOUT 48 YEARS, S/O JAVARE GOWDA,MEMBERSHIP NO.561 ALL ARE MEMBERS OF MANGADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, - 6 - NC: 2025:KHC:17576 WP No. 12272 of 2025 RAMNAGARA DISTRICT-562138. PETITIONERS ARE NOT CLAIMING THE BENEFIT OF SENIOR CITIZEN …PETITIONERS (BY SRI JAI PRAKASH REDDY M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560 001. 2. THE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMNAGARA DISTRICT, RAMNAGARA-562159. 4. THE MANGADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMNAGARA DISTRICT-562138, BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 5. THE RETURNING OFFICER, MANGADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK, RAMNAGARA DISTRICT-56213. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1, R3 & R4, SRI T L KIRAN KUMAR, ADVOCATE FOR R2, V/O/DT 17/04/2025 IS DEFERRED) - 7 - NC: 2025:KHC:17576 WP No. 12272 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE RESPONDENT NO.4 SOCIETY BY INCLUDING THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF RESPONDENT NO.4 SOCIETY AS PER CALENDAR OF EVENTS DATED 04-04-2025 VIDE ANNEXURE-C ISSUED BY RESPONDENT NO.5 AND PERMIT THEM TO CAST THEIR VOTE IN THE ENSUING ELECTION ON 25-04-2025. 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:17576 WP No. 12272 of 2025 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. ii) The Returning Officer in the above matter is directed to announce the result within seven days - 9 - NC: 2025:KHC:17576 WP No. 12272 of 2025 of the receipt of a copy of this order by taking into account the votes cast by the petitioners. 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 BRN List No.: 2 Sl No.: 13