- 1 - HC-KAR NC: 2025:KHC:19143 WP No. 13347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.13347 OF 2025 (CS-EL/M) BETWEEN: 1. SRI SHIVAPRASAD S/O SRI. C. BASAVALAH, AGE 51 YEARS, SHARE NO.194/3. 2. SRI. SHYMASUNDAR, S/O SRI. THIMMASHETTY, AGE 49 YEARS, SHARE NO. 176/2. 3. SMT. BHAGYAMMA@ CHIKKATHAYAMMA, W/O SRI. MOYLGOWDA, AGE 57 YEARS, SHARE NO. 61/4. 4. SRI. SIDDASHETTY, S/O SRI. ANKAIAH, AGE 63 YEARS, SHARE NO.17/2. 5. SRI. AJAY KUMAR, S/O SRI. BASAVARAJU, AGE 40 YEARS, SHARE NO. 58/5. 6. SRI. MAHALINGEGOWDA, S/O SRI. MARILINGEGOWDA, AGE 65 YEARS, SHARE NO.172/3. 7. SRI. SHIVANNA, S/O SRI. MADEGOWDA, AGE 54 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19143 WP No. 13347 of 2025 SHARE NO.165/5. 8. SRI. NANDISH KUMAR, S/O SRI. NAGAIAH, AGE 50 YEARS, SHARE NO.75/6. 9. SRI. RAVI KUMAR, S/O SRI. S. LINGAIAH, AGE 53 YEARS, SHARE NO.19/6. 10. SRI. MARULASIDDALINGA, S/O SRI. SWATANTRAIAH, AGE 58 YEARS, SHARE NO.151/5. 11. SRI. B.P. RENUKA PRASAD, S/O SRI. PUTTAMADALAH, AGE 43 YEARS, SHARE NO.32/2. ALL ARE THE MEMBERS OF THE BEVUKALLU PRIMARY AGRICULTURAL CO- OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT- 571 405. …PETITIONERS (BY SRI. RAVINDRA PRASAD.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU-560 001. REP BY ITS PRINCIPAL SECRETARY, 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, “A” BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE – 560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, - 3 - HC-KAR NC: 2025:KHC:19143 WP No. 13347 of 2025 MANDYA TALUK, MANDYA DISTRICT - 571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT - 571 401. 5. THE RETURNING OFFICER, THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT- 571 405. 6. THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT- 571 405. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR FOR R2; R6 THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, MANDYA SD AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST I.E. ANNX-B, AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 6TH SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 30/04/2025. QUASH THE UNDATED DISQUALIFICATION VOTER LIST PASSED BY R6 VIDE ANNX-C SO FAR CONCERN TO THE PETITIONERS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2025:KHC:19143 WP No. 13347 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 announcement 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - HC-KAR NC: 2025:KHC:19143 WP No. 13347 of 2025 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 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 applicable law, this court has not expressed any opinion on those issues. - 6 - HC-KAR NC: 2025:KHC:19143 WP No. 13347 of 2025 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 DR List No.: 1 Sl No.: 14