- 1 - NC: 2025:KHC:18030 WP No. 12630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12630 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. M BASAVARAJU AGED ABOUT 52 YEARS, S/O. MARIAPPA, SHARE NO.17/2, 2. SRI. YOGESH.B. AGED ABOUT 36 YEARS, S/O. BOLAPPA, SHARE NO.198/2. 3. SRI. NAGU, AGED ABOUT 55 YEARS, S/O. LINGAPPA, SHARE NO.99/1. 4. SRI. NANDEESHA, AGED ABOUT 32 YEARS, S/O. GURUMALLAPPA, SHARE NO.48/2. 5. SRI. NANJUNDAPPA, AGED ABOUT 59 YEARS, S/O. MARIMADAPPA, SHARE NO.22/3. 6. SRI. M.MAHADEVAPPA, AGED ABOUT 62 YEARS, S/O. MADAPPA, SHARE NO.73/2. 1 TO 6 ARE R/AT AKKAIAMMANA KOPPALU VILLAGE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18030 WP No. 12630 of 2025 MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 7. SRI. NANJUNDASWAMY.M.K. AGED ABOUT 50 YEARS, S/O. K.MARIJAYANTHU. SHARE NO.42/3. 8. SRI. NAGAIAH, AGED ABOUT 60 YEARS, S/O. KONDAIAH, SHARE NO.51/1. 9. SRI. PUTTASWAMY RAJE URS AGED ABOUT 55 YEARS, S/O. VEERAJE URS, SHARE NO.153/1. 10. SRI. KEMPAIAH, AGED ABOUT 62 YEARS, S/O. DODDAGANDU @ PUTTA, SHARE NO.103/2. 7 TO 10 ARE R/AT MUGANAKOPPALU VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 11. SMT. CHINNAMANI, AGED ABOUT 50 YEARS, W/O. NAGARAJU, SHARE NO.62/3. 12. SRI. MALLARAJE URS, AGED ABOUT 55 YEARS, S/O. CHENNARAJE URS, SHARE NO.27/3. 13. SMT. KAMALAMMANI, - 3 - NC: 2025:KHC:18030 WP No. 12630 of 2025 AGED ABOUT 70 YEARS, W/O. CHEBBARAJE URS, SHARE NO.31/3. 12 TO 13 ARE R/AT MUGANAKOPPALU VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 14. SMT. M. RATHNAMMA, AGED ABOUT 55 YEARS, W/O. MADAIAH, SHARE NO.98/2. R/AT KALLAREPURA VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 15. SMT. DEVIRAMMA AGED ABOUT 68 YEARS, W/O. PUTTAMADASHETTY, SHARE NO.37/3. 16. SMT. YASHODAMMA, AGED ABOUT 45 YEARS, W/O. BASAVANNA, SHARE NO.18/3. 15 TO 16 ARE R/AT UPPANAHALLI VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 17. SRI. SHIVALINGEGOWDA. AGED ABOUT 60 YEARS, S/O. KEMPEGOWDA, SHARE NO.53/2. 18. SMT. BHARATHI, AGED ABOUT 54 YEARS, S/O. PUTTASWAMY.Y.M, SHARE NO.35/3. - 4 - NC: 2025:KHC:18030 WP No. 12630 of 2025 17 TO A8 ARE R/AT YAMADURU VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 19. SRI.P.BASAVESHWARA, AGED ABOUT 50 YEARS, S/O. PUTTAIAH, SHARE NO.107/4. R/AT KALLAREPURA VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 20. SMT. RAJAMMA, AGED ABOUT 45 YEARS, W/O. CHAMASHETTY, SHARE NO.57/5. R/AT UPPANAHALLI VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 21. SMT. MADAMMA AGED ABOUT 65 YEARS, W/O. DODDEGOWDA, SHARE NO.4/4. R/AT KALLAREPURA VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 22. SRI. PUTTAMADASHETTY AGED ABOUT 52 YEARS, S/O. MALLASHETTY, SHARE NO.52/5. R/AT UPPANAHALLI VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 23. SRI. K.S. SHUBHADEVARU - 5 - NC: 2025:KHC:18030 WP No. 12630 of 2025 AGED ABOUT 65 YEARS, S/O. SUBBEGOWDA, SHARE NO.84/4. 24. SMT. CHANDRAMMA AGED ABOUT 65 YEARS, W/O. RAJU, SHARE NO.140/4 25. SMT. MAHADEVAMMA AGED ABOUT 55 YEARS, W/O. MADAIAH, SHARE NO.165/4. 26. SMT. KEMPAMMA, AGED ABOUT 58 YEARS, W/O K.N. NAGARAJU, SHARE NO. 66/5 23 TO 26 ARE R/AT KALLAREPURA VILLAGE MALLAVALLI TALUK MANDYA DISTRICT - 571 430. …PETITIONERS (BY SRI. KANTHARAJU C.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. - 6 - NC: 2025:KHC:18030 WP No. 12630 of 2025 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER DISTRICT OFFICE, SUBHASH NAGAR, 1ST CROSS, MANDYA DISTRICT - 573 201. 4. RETURNING OFFICER, UPPANAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETIES LTD., UPPANAHALLI VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. 5. UPPANAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETIES LTD., REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER UPPANAHALLI VILLAGE, MALLAVALLI TALUK, MANDYA DISTRICT - 571 430. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2, R3, R4 AND R5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 26/04/2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINAY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 7 - NC: 2025:KHC:18030 WP No. 12630 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 - 8 - NC: 2025:KHC:18030 WP No. 12630 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 Petitions are disposed of. ii) The Returning Officer in each of the above matters 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 each of the above matters. 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 - 9 - NC: 2025:KHC:18030 WP No. 12630 of 2025 accordance with the applicable law, this court has not expressed any opinion on those issues. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 2 Sl No.: 18 CT: BHK