- 1 - NC: 2025:KHC:13933 WP No. 26924 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26924 OF 2024 (CS-EL/M) BETWEEN: 1. SRI ASHOK S SIRSIKAR S/O LATE SUDHAKAR, AGED ABOUT 63 YEARS, R/O NO 2912, SRINIDHI BUILDING, 4TH MAIN ROAD, V.V.MOHALLA, MSYORE-570002. 2. SMT. ANITHA RAVIKUMAR W/O RAVI KAUMR, AGED ABOUT 50 YEARS, R/O NO 355, 23RD CROSS, VIJAYNAGAR, RAILWAY LAYOUT, MYSORE- 570016. 3. SRI.C.KOTAPPA, S/O LATE CHINNAKEMPAIAHA, AGED ABOUT 55 YEARS, R/O NO 44 EWS, 1ST MAIN, KUVEMPUNAGAR, MYSORE-570023. 4. SRI.CHINNALU, S/O LATE THIMMEGOWDA, AGED ABOUT 60 YEARS, R/O NO 471, 8TH CROSS, VINAY MARGA, SIDDARTHNAGAR, MYSORE-570011. 5. SRI.PRASAD.S.S, S/O NAJARAJU AGED ABOUT 28 YEARS, R/O NO 255, 21 CROSS, 24TH MAIN, 2ND STAGE, J.P.NAGAR, MYSORE-570031. …PETITIONERS (BY SRI. SAGAR B.B., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13933 WP No. 26924 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, M.S.BUILING, BANGALORE-560001. REPRESENTED BY ITS SECRETARY. 2. THE JOINT DIRECTOR CUM ELECTION OFFICER, DEPARTMENT OF CO-OPERATIVE SOCIETIES, MYSORE CIRCLE, PUBLIC OFFICES BUILDING, NEW SYAJIRAO ROAD, MYSORE-570024. 3. MYSORE TALUK CO-OPERATIVE INDUSTRIAL ESTATE LIMITED, HAVING ITS OFFICE AT, SHIVASHARANA KETHESHWARA DWARA, DHANVANTHRI ROAD, MYSORE-570001. REPRESENTED BY ITS SECRETARY. BODY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 & R2; SRI. S. RUPESH KUMAR., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED CALENDAR OF EVENTS DTD. 04.09.2024 BEARING NO. JRM/C/AMANCHU/C.R-68/2024-25 ISSUED BY THE R-2 VIDE ANNX-D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 - 3 - NC: 2025:KHC:13933 WP No. 26924 of 2024 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13933 WP No. 26924 of 2024 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 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:13933 WP No. 26924 of 2024 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 SR List No.: 1 Sl No.: 63