- 1 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 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. 15245 OF 2025 (CS-RES) BETWEEN: 1. GIDDANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE G.V. NAGARAJU SON OF VENKATARAMAREDDY AGED ABOUT 49 YRS REGISTERED CO-OPERATIVE SOCIETY 2. KUDUPAKUNTE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED SHIDLAGHATTA TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE SEETHARAMAREDDY SON OF VENKATAREDDY AGED ABOUT 49 YRS REGISTERED CO-OPERATIVE SOCIETY 3. BEVINAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED GOWRIBIDANUR TALUK CHIKKABALLPUR DISTRICT-561213 BY ITS PRESIDENT AND DELEGATE B.N.NAGRAJAGOWDA S/O NARASIMHAYYA AGED ABOUT 46 YRS REGISTERED CO-OPERATIVE SOCIETY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 of 2025 4. PULAGANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE SATHEESH SON OF GANGADHARAPPA AGED ABOUT 50 YRS REGISTERED CO-OPERATIVE SOCIETY 5. KELAGINA DINAMAGATANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE THIMMAPPA SON OF CHIKKA VENKATAPPA AGED ABOUT 68 YRS REGISTERED CO-OPERATIVE SOCIETY 6. GUDIHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED GUDIHALLI, ABLUDU POST SHIDLAGHATTA TALUK CHIKKABALLAPUR DISTRICT BY ITS DIRECTOR AND DELEGATE UMESH S/O KYATHAPPA AGED ABOUT 45 YRS REGISTERED CO-OPERATIVE SOCIETY 7. DIGUVAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE RAMESH SON OF NARYANASWAMY AGED ABOUT 49 YRS REGISTERED CO-OPERATIVE SOCIETY - 3 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 of 2025 8. B. VADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED CHINTAMANI TALUK CHIKKABALLPUR DISTRICT BY ITS PRESIDENT AND DELEGATE VENKATESH SON OF VADDAHALLI AGED ABOUT 48 YRS REGISTERED CO-OPERATIVE SOCIETY 9. ANOOR MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE T. VENKATESHAPPA SON OF THIMMAIAH AGED ABOUT 72 YRS REGISTERED CO-OPERATIVE SOCIETY 10. THARIDALU MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED GOWRIBIDNUR TALUK CHIKKABALLAPUR DISTRICT BY ITS PRESIDENT AND DELEGATE VALAPPA T R S/O RAMAPPA AGED ABOUT 48 YRS REGISTERED CO-OPERATIVE SOCIETY …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, - 4 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 of 2025 BENGALURU-560 001 REPT. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY COMMISSIONER / ELECTION OFFICER KOLAR DISTRICT KOLAR-563101 4. RETURNING OFFICER KOLAR-CHIKKABALLAPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., #DCC BANK ROAD, KOLAR-563101. 5. KOLAR-CHIKKABALLAPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., DCC BANK ROAD, KOLAR-563101. BY IT CHIEF EXECUTIVE OFFICER REGISTERED CO-OPERATIVE SOCIETY …RESPONDENTS (BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. KALLESHAPPA, ADVOCATE FOR RESPONDENT NO.5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO PARTICIPATE AND VOTE IN THE ELECTIONS TO THE 5TH RESPONDENT CO- OPERATIVE SOCIETY SCHEDULED ON 28.05.2025 FOR TERM 2025-2030 AS PER CALENDAR OF EVENTS DATED 12.05.2025 - 5 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 of 2025 VIDE ANNEXURE - A THROUGH THEIR DELEGATES AS PER ANNEXURES-B, B1-B9. 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 came to a categorical conclusion that any irregularity in the conduct of election in a petition under Article 226 of the Constitution of India would not be the proper 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 of 2025 remedy of 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. 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. - 7 - HC-KAR NC: 2025:KHC:20158 WP No. 15245 of 2025 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. 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 SMA List No.: 1 Sl No.: 25