- 1 - NC: 2025:KHC:15442 WP No. 20828 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20828 OF 2023 (CS-EL/M) BETWEEN: GIRIYANNA H G S/O LATE GANGAHANUMAIAH AGED ABOUT 80 YEARS HULLENAHALLI VILLAGE AND POST THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 452 131 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M S BUILDING DR AMBEDKAR VEEDHI BANGALORE - 560 001 2. THE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, K H ROAD SHANTHINAGAR BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY RAMANAGARA DISTRICT SKILL HUB PRAKASH CHANDRA COMPLEX SH-17, OPP. TO KSRTC BUS DEPOT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15442 WP No. 20828 of 2023 ARCHIKARAHALLI RAMANAGARA - 562 159 4. THE HULLENAHALLI MILK PRODUCERS CO OP SOCIETY HULLENAHALLI VILLAGE THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562131 REPRESENTED BY ITS SECRETARY 5. RAMANAGARA DISTRICT THE RETURNING OFFICER HULLENAHALLI MILK PRODUCERS CO-OP SOCIETY HULLENAHALLI VILLAGE THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 562 131 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE VOTERS LIST FOR THE ELECTION TO THE R4 SOCIETY TO THE ELECTION TO BE HELD ON 27.09.2023, PRODUCED AT ANNEXURE-E 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. This Court by way of interim order had permitted the petitioner who is declared to be ineligible voter to - 3 - NC: 2025:KHC:15442 WP No. 20828 of 2023 cast his votes in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioner shall be kept in separate ballot box. 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 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 petitioner. 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:15442 WP No. 20828 of 2023 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 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 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 - 5 - NC: 2025:KHC:15442 WP No. 20828 of 2023 applicable law, this court has not expressed any opinion on those issues. iv) The votes cast by the petitioner 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 AMA List No.: 1 Sl No.: 9