- 1 - HC-KAR NC: 2025:KHC:19116 WP No. 14451 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. 14451 OF 2025 (CS-EL/M) BETWEEN: KALLODU MILK PRODUCERS COOPERATIVE SOCITY LTD KALLODU VILLAGE, KANNAMANGALA POST, MADHURE HOBLI, DODDABALLAPUR TALUK. BANGALORE RURAL DISTRICT-561 203 REPRESENTED BY ITS PRESIDENT. SRI. ANANDAGOWDA K. T.. S/O THAMMANNAGOWDA. AGED ABOUT 60 YEARS R/AT 32, KALLODU, KANNAMANGALA, BANGALORE RURAL DISTRICT - 561 203 (REGISTERED UNDER CO-OPERATIVE SOCIETY ACT) …PETITIONER (BY SRI. S.RAJASHEKAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION. M.S.BUILDING DR.B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY. 3RD FLOOR, T.T.M.C. 'A' BLOCK. SHANTHINAGAR, BENGALURU -560 027. REP. BY ITS SECRETARY. 3. ELECTION OFFICER AND JOINT REGISTRAR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19116 WP No. 14451 of 2025 OF CO-OPERATIVE SOCIETIES. ALI ASKAR ROAD, BENGALURU-560 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES. DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 5. THE BANGALORE URBAN. BANGALORE RURAL AND RAMANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD. HAVING ITS HEAD OFFICE AT BANGALORE DAIRY CAMPUS, DR. M. H. MARIGOWDA ROAD, BENGALURU 560 029 REP. BY ITS NODAL OFFICER AND MANAGING DIRECTOR (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT) 6. THE RETURNING OFFICER THE BANGALORE URBAN. BANGALORE RURAL AND RAMANAGAR DISTRICT BENGALURU - 560001 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 , R3, R4 AND R6) THIS WRIT PETITION IS FILED UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 12.05.2025 BEARING NO.BAMUL/SHE.TAAM-03/KASAM-265/2025-26 ISSUED BY THE R5 AND THEREBY DIRECT THE RESPONDENT NOS. 3. 5 AND 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE VOTERS LIST AND PERMIT THEM TO CAST THEIR VOTE IN THE ELECTION SCHEDULED ON 25.05.2025 PURSUANT TO THE NOTIFICATION DATED 07.05.2025 VIDE ANNEXURES-A AND B AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:19116 WP No. 14451 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ of certiorari to quash the endorsement dated 12.05.2025 bearing No. BAMUL/She.Taam- 03/KaSam-265/2025-26 issued by the R5 and thereby direct the respondent no.3, 5 and 6 to include the name of the petitioner in the voters list and permit them to cast their vote in the election scheduled on 25.05.2025 pursuant to the Notification dated 07.05.2025 vide Annexure-A and B. 2. Issue writ of mandamus or any other writ or order directing the respondents to hold elections to respondent No.5 society for the period from 2025 to 2030 in accordance with the list of members without insisting for compliance of Section 20(2) (a-v) of Karnataka Co-operative Societies Act. 3. Issue any other writ, order or direction as this Hon’ble Court deems fit under the 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. - 4 - HC-KAR NC: 2025:KHC:19116 WP No. 14451 of 2025 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 had 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 and 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. 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: 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - HC-KAR NC: 2025:KHC:19116 WP No. 14451 of 2025 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 vote cast by the petitioner 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. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 3 Sl No.: 1