- 1 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13239 OF 2025 (CS-EL/M) BETWEEN: 1. SRI B G MAHADEVASWAMY S/O B GURUMADAIAH AGED ABOUT 56 YEARS 2. SRI THADAVAMURTHY S/O SIDDAIAH AGED ABOUT 50 YEARS 3. SRI H Y NAGARAJU S/O EDEYURAPPA AGED ABOUT 71 YEARS 4. SRI DODDASWAMY S/O ANNA MANCHEGOWDA AGED ABOUT 56 YEARS 5. SRI VISHAKANTAIAH U MAHADEVASWAMY S/O SHIVANANJAIAH AGED ABOUT 49 YEARS 6. SRI REVANNA H R S/O RAJASHEKHARAPPA AGED ABOUT 74 YEARS 7. SMT BHAGYAMMA @ CHIKKATHAYAMMA W/O MAYANNA AGED ABOUT 57 YEARS 8. SRI BASAVARAJU S/O SHIVANANJAIAH AGED ABOUT 52 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 9. SRI MAHALINGEGOWDA S/OMARI LINGEGOWDA AGED ABOUT 53 YEARS 10. SRI B N APPAJI S/O NANJAPPA AGED ABOUT 65 YEARS 11. SRI RUDRAMURTHY S/O C BASAVAIAH AGED ABOUT 61 YEARS 12. SRI MALLESH S/O MARIMADAIAH AGED ABOUT 48 YEARS 13. SRI GURUSHANTHAPPA S/O POOJARI SIDDALINGAIAH AGED ABOUT 80 YEARS 14. SMT DHANALAKSHMI W/O B R RAGHAVENDRA AGED ABOUT 46 YEARS 15. SRI MAHADEVAIAH S/O MADAIAH AGED ABOUT 51 YEARS 16. SMT. MANJULA W/O. NANJAPPA AGED ABOUT 59 YEARS 17. SRI SHAMA SUNDAR N T S/O. LATE N L THIMMAPPA SHETTY AGED ABOUT 66 YEARS 18. SRI.B S SANTOSH S/O. BT ARYA SHANKARA AGED ABOUT 36 YEARS 19. SMT. SAVITHRAMMA W/O. MARIGOWDA AGED ABOUT 62 YEARS - 3 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 20. SRI. NANJUNDAIAH S/O. MADAIAH AGED ABOUT 49 YEARS 21. SMT. NANJAMMA, W/O. MADAPPA AGED ABOUT 72 YEARS 22. SRI. AJAY KUMAR S/O. BASAVARAJU AGED ABOUT 56 YEARS ALL ARE RESIDING AT DUDDA HOBLI, BEVAKAL, KRISHNARAJPET, MANDYA - 571405 …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO OPERATION M S BUILDING BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, BY ITS SECRETARY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, K.H. ROAD, SHANTHINAGARA, BANGALORE - 560 027 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE AT NO.1, ALI ASKAR ROAD, BENGALURU - 560 001 4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND THE DISTRICT ELECTION OFFICER, SUBHASH NAGAR, MANDYA-571401 5. THE RETURNING OFFICER FOR THE ELECTION OF - 4 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 BEVUKALLU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. DUDDA HOBLI, BEVAKAL, KRISHNARAJPET, MANDYA-571405. 6. BEVUKALLU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, DUDDA HOBLI, BEVAKAL, KRISHNARAJPET, MANDYA - 571405. THROUGH ITS THE SECRETARY/ CHIEF EXECUTIVE OFFICER (REG UNDER CO-OPERATIVE SOCIETIES ACT 1957) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2, R6-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS OF THE R-6 SOCIETY BY INCLUDING THE NAMES OF THE PETITIONERS AS VALID ELIGIBLE MEMBERS AND PERMITTING THEM TO VOTE IN THE ELECTION PROCESS AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the Respondents to conduct the elections of the R6- Society by including the name of the petitioners as valid eligible members and permitting them to vote in the election process. - 5 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 b. Pass such other writ/s, order/s or grant such other relief/s as this Hon’ble Court deems fit to grant under the peculiar facts and circumstances of this case, in the interest of justice and equity. 2. 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. 3. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 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. 4. 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. 5. 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 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, - 7 - HC-KAR NC: 2025:KHC:20286 WP No. 13239 of 2025 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 PRS List No.: 1 Sl No.: 98