- 1 - NC: 2025:KHC:18085 WP No. 12357 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.12357 OF 2025 (CS-EL/M) BETWEEN: 1. MR. NANJUNDASWAMY M.K. S/O K. MARIJAYANTH AGED ABOUT 48 YEARS RESIDING AT MOOGANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT -571430. 2. MR. NAGAIAHA S/O KONDAIAH AGED ABOUT 59 YEARS RESIDING AT MOOGANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430. 3. MR. PUTTASWAMARAJEARASU S/O VEERAJEARASU AGED BOUT 55 YEARS RESIDING AT MOOGANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 4. MR. MALLARAJEARASU S/O MALLARAJEARASU AGED ABOUT 54 YEARS RESIDING AT MOOGANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 5. MRS. KAMALAMMANI W/O CHANNARAJEARASU AGED ABOUT 42 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18085 WP No. 12357 of 2025 RESIDING AT MOOGANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430. 6. MR. NAGARAJU S/O VENKATEGOWDA AGED ABOUT 49 YEARS RESIDING AT YAMADURU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430. 7. MR. Y.D. CHANDRASHEKAR S/O DOLLAIAH AGED ABOUT 48 YEARS RESIDING AT YAMADURU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430. 8. MR. B. NAGESH S/O BETTEGOWDA AGED ABOUT 52 YEARS RESIDING AT YAMADURU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430. 9. MR. SHIVALINGEGOWDA S/O KEMPEGOWDA AGED ABOUT 50 YEARS RESIDING AT YAMADURU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 10. MR. MAHADEVU S/O MADAIAH AGED ABOUT 52 YEARS RESIDING AT KALLARAPURA KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 11. MR. MAHADEVAPPA S/O GURUMALLAPPA @ MADEGOWDA AGED ABOUT 51 YEARS - 3 - NC: 2025:KHC:18085 WP No. 12357 of 2025 RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTIRCT-571 430. 12. MR. K. MAHADEVAPPA S/O KEMPANAJAPPA AGED ABOUT 54 YEARS RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 13. MRS. NINGAMMA W/O BASAVANNA AGED ABOUT 53 YEARS RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 14. MRS. CHINNAMMANI W/O NAGARAJU AGED ABOUT 48 YEARS RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 15. MRS. SHIVANANJAMMA W/O VEERANNA AGED ABOUT 55 YEARS RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 16. MR. M. MAHADEVAPPA S/O MADAPPA AGED ABOUT 49 YEARS RESIDING AT AKKAMMANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 17. MR. MAHADEVAPPA S/O GURUSIDDAPPA AGED ABOUT 51 YEARS - 4 - NC: 2025:KHC:18085 WP No. 12357 of 2025 RESIDING AT AKKAMMANAKOPPALU KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430. 18. MRS. DEVIRAMMA W/O PUTTAMADASHETTY AGED ABOUT 51 YEARS RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. 19. MRS. YASHODAMMA W/O BASAVANNA AGED ABOUT 48 YEARS RESIDING AT UPPANAHALLI KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430. …PETITIONERS (BY SRI. SATHYAM N, ADV.,) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001 REP. BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. A BLOCK SHANTHI NAGAR BENGALURU-560027 REPRESENTED BY ITS SECRETARY. 3. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA MANDYA DISTRICT-571401. - 5 - NC: 2025:KHC:18085 WP No. 12357 of 2025 4. RETURNING OFFICER UPPANAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD., UPPANAHALLI HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. 5. UPPANAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD., UPPANAHALLI, KEREGODU HOBLI MANDYA TALUK MANDYA DISTRICT-571430. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 & R4 SRI. T.L. KIRAN KUMAR, ADV., FOR R2 R5 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTION SCHEDULED TO BE HELD ON 26.04.2025 AS PER ANNX-A TO THE R-5 SOCIETY & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER This Court by way of various interim orders had permitted the petitioners who were declared to be - 6 - NC: 2025:KHC:18085 WP No. 12357 of 2025 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 announcement of the results by counting even the votes cast by the petitioners. 1 W.P.No.8502/2022 dated 7.6.2022 - 7 - NC: 2025:KHC:18085 WP No. 12357 of 2025 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 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 - 8 - NC: 2025:KHC:18085 WP No. 12357 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 ABK List No.: 1 Sl No.: 32