- 1 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.13551 OF 2025 (CS-EL/M) BETWEEN: 1. SRI KALEGOWDA S/O. BENNE KALEGOWDA AGED ABOUT 57 YEARS 2. SRI.SWAMY, S/O. GOWRIBASAVAIAH AGED ABOUT 54 YEARS 3. SMT.PADMA, W/O. MESTRAIAH AGED ABOUT 47 YEARS 4. SRI.SHANKARA, S/O. KEMPEGOWDA AGED ABOUT 36 YEARS 5. SRI.MUDDULINGAIAH S/O. HUCHCHAIAH AGED ABOUT 69 YEARS 6. SMT.PUTTAMANI C/O. NAGAIAH AGED ABOUT 48 YEARS 7. SRI. KRISHNA 5/O.LATE BASAVAIAH AGED ABOUT 57 YEARS 8. SRI. NARASEGOWDA, C/O. SINGRAIAH AGED ABOUT 71 YEARS 9. SRI.P PUTTAMADAPPA S/O. PUTTAPPA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 2025 AGED ABOUT 71 YEARS 10. SRI. KULLAIAH S/O. KENCHAIAH AGED ABOUT 58 YEARS 11. SRI.SANNAMARIYA, S/O. HONNAIAH AGED ABOUT 65 YEARS 12. SRI. CHANDRAPPA, S/O. CHANNAVIRAIAH AGED ABOUT 83 YEARS 13. SRI SIDDARAJU S/O. ERASHETTY AGED ABOUT 53 YEARS 14. SRI. GEJJEMARI S/O. DYAVAIAH AGED ABOUT 78 YEARS 15. SRI. BASAVARAJU S/O. LATE PUTTASWAMY AGED ABOUT 48 YEARS 16. SRI. M P DEVARAJU S/O. PUTTANANJAIAH AGED ABOUT 64 YEARS 17. SMT.MAHADEVAMMA W/O. SHANKARAPPA AGED ABOUT 55 YEARS 18. SMT.ERAMMA W/O MAHADEVAMMA AGED ABOUT 77 YEARS 19. SMT.SHIVALINGASWAMY W/O. VEERABHADRAPPA AGED ABOUT 47 YEARS 20. SRI RUDRESH S/O PUTTASWAMY - 3 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 2025 AGED ABOUT 46 YEARS 21. SRI. RAMESH, S/O. SHIVARUDRAIAH AGED ABOUT 42 YEARS 22. SMT. LAKSHMI DEVAMMA W/O. SRINIVASA SHETTY AGED ABOUT 51 YEARS 23. SRI. NARASIMHA SHETTY S/O.KRISHNA SHETTY AGED ABOUT 77 YEARS 24. SRI. VENKATARAMANASWAMY S/O. LATE SIDDU SETTY AGED ABOUT 70 YEARS 25. SRI. B V NAGARAJU S/O. V VENKATASHETTY AGED ABOUT 59 YEARS 26. SRI. JAGADISHA S/O. VENKATASHETTY AGED ABOUT 64 YEARS 27. SRI SRINIVASA SHETTY S/O.SIDDA SHETTY AGED ABOUT 61 YEARS 28. SRI. ISHWARYA S/O.SIDDARAMAIAH AGED ABOUT 46 YEARS 29. SRI. PRAKASH S/O.SIDDAPPA AGED ABOUT 59 YEARS 30. SMT.JAYASHEELA C/O.NAGEGOWDA AGED ABOUT 42 YEARS 31. SRI.VEERABHADRA SWAMY C/O. LATE MADAPPA - 4 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 2025 AGED ABOUT 73 YEARS 32. SRI. SHIVAMURTHY S/O.SHIVAPPA AGED ABOUT 75 YEARS 33. SRI. BASAVARAJU HS S/O. LATE SRIKANTHAIAH AGED ABOUT 52 YEARS 34. SRI. SIDDARAMAIAH S/O. VEERABHADRAIAH AGED ABOUT 75 YEARS 35 SRI. NAGARAJU S/O.ARASAIAH AGED ABOUT 51 YEARS 36 SRI.RUDRAMUNISWAMY S/O.NAGENDRAIAH AGED ABOUT 70 YEARS 37 SMT. VARALAKSHMI W/O.B M ASHWATH KUMAR AGED ABOUT 56 YEARS 38 VEERABHADRAIAH S/O. SHIVARUDRAPPA AGED ABOUT 73 YEARS ALL ARE R/AT DUDDA HOBLI BEVAKAL, KRISHNARAJPET MANDYA - 571 405 …PETITIONERS (BY SRI. GAURAV G K.,ADVOCATE & SMT.JANAVI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M. S. BUILDING BENGALURU - 560 001 REP.BY ITS PRINCIPAL SECRETARY - 5 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 2025 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, BY ITS SECRETARY 3RD FLOOR, T.T.M.C A BLOCK, K.H. ROAD SHANTHINAGARA BENGALURU - 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 & THE DISTRICT ELECTION OFFICER, SUBHASH NAGAR MANDYA-571 401 5. THE RETURNING OFFICER FOR THE ELECTION OF BEVUKALLU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. DUDDA HOBLI, BEVAKAL KRISHNARAJPET MANDYA - 571 405. 6. BEVUKALLU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, DUDDA HOBLI, BEVAKAL KRISHNARAJPET MANDYA - 571405 THROUGH ITS THE SECRETARY/ CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI.YOGESH.D.NAIK .,AGA FOR R-1,R-3 TO R-5; SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R-2; R-6 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 257 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT THE ELECTIONS OF THE RESPONDENT NO.6- SOCIETY BY INCLUDING THE NAMES OF THE PETITIONERS AS VALID ELIGIBLE MEMBERS AND PERMITTHEM TO VOTE IN THE ELECTION PROCESS. - 6 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 7 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 of 2025 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 this 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 this 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, - 8 - HC-KAR NC: 2025:KHC:24043 WP No. 13551 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 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 GSS List No.: 1 Sl No.: 22