- 1 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14671 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. VANAJAKSHI W/O SRI. VALAKUMAR, AGE 45 YEARS, SHARE NO.11. 2. SMT. ASHALATHA W/O SRI. N.S. NANDISH, AGE 49 YEARS, SHARE NO.83. 3. SMT. B. NIRMALA W/O SRI. N.K. SUDIR, AGE 51 YEARS, SHARE NO.88. 4. SMT. RAJAMMA W/O SRI. NARASIMHAMURTHY, AGE 52 YEARS, SHARE NO.194. 5. SMT. NINGAMMA W/O SRI. RANGACHAR, AGE 60 YEARS, SHARE NO.216. 6. SMT. LAKSHMI W/O SRI. SHIVANNA, AGE 60 YEARS, SHARE NO.216. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 7. SMT. KEMPAMMA, W/O SRI. VENKATARAMU, AGE 62 YEARS, SHARE NO. 247. 8. SMT. MANJULA W/O SRI. HONNEGOWDA, AGE 38 YEARS, SHARE NO.285. 9. SMT. SHANTHAMMA W/O SRI. RANGASWAMY, AGE 50 YEARS, SHARE NO.303. 10. SMT. T.G. SUMITHRA W/O SRI. N.S. NAGARAJU, AGE 38 YEARS, SHARE NO.322. 11. SMT. RUKMINI W/O SRI. THIMMEGOWDA, AGE 65 YEARS, SHARE NO.324. 12. SMT. CHIKKAMMA W/O SRI. RANGANNA, AGE 44 YEARS, SHARE NO.341. 13. SMT. K. VASANTHA W/O SRI. N.H. SHIVASHAKAR, AGE 40 YEARS, SHARE NO.350. ALL THE PETITIONERS ARE THE MEMBERS OF MARUTHIPURA MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY, MARUTHIPURA VILLAGE, KASABA HOBLI, - 3 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. …PETITIONERS (BY SRI. K.R. SATISH, ADVOCATE FOR 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 MANDYA TALUK, MANDYA DISTRICT-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE RETURNING OFFICER MARUTHIPURA MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY, MARUTHIPURA VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. 6. THE MARUTHIPURA MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY MARUTHIPURA VILLAGE, - 4 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) DIRECT THE RESPONDENT NO.5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST I.E., ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: “a) Issue a writ of Mandamus Directing the Respondent No.5 & 6 include the name of the Petitioners in the eligible voters list i.e., Annexure- B. b) Issue a Writ of Mandamus directing the 5th & 6th Respondents permit the Petitioners to cast their votes in the election to the 6th Respondent Society Board which is schedule to be held on 22- 05-2025. Vide Annexure-A. c) Pass any appropriate writ, order or direction as this Hon'ble Court deem it fit and proper in the facts and circumstances of the case and allow this Writ petition with cost, in the ends of justice and equity.” - 5 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 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 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 - 6 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 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 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. 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 - 7 - HC-KAR NC: 2025:KHC:23797 WP No. 14671 of 2025 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 TL List No.: 1 Sl No.: 11