- 1 - NC: 2025:KHC:13612 WP No. 30438 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. 30438 OF 2024 (CS-EL/M) BETWEEN: 1. PRAMILAMMA W/O LATE NARAYANASWAMY, AGED ABOUT 55 YEARS, MEMBERSHIP NO.101 2. NARAYANAMMA W/O LATE GOPPALAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO.76 3. SHAMALA W/O R G SRINIVAS AGED ABOUT 22 YEARS MEMBERSHIP NO.306 4. CHAITRA K W/O R G EREGOWDA AGED ABOUT 24 YEARS MEMBERSHIP NO.302 5. PUTTAPPA S/O BANGENARASIMHAIAH AGED ABOUT 78 YEARS MEMBERSHIP NO.36 6. D M MUNIYAPPA S/O MUNINANJAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO.18 7. D N NARAYANASWAMY S/O NAYANAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.29 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13612 WP No. 30438 of 2024 8. R K NARAYANAPPA S/O KRISHNAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.40 9. SONNAMMA W/O R B GOPALAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO.70 10. RATHNAMMA W/O D N NARAYANAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO.80 11. SONNAMMA W/O D M MUNIYAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.89 12. BACHAMMA W/O R V RAMACHANDRAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.95 13. RATHNAMMA W/O N CHINNAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.102 14. MANJUNATH S/O JOOGAPPA AGED ABOUT 50 YEARS, MEMBERSHIP NO.113 15. INDRAMMA W/O M MUNIKRISHNAPPA AGED ABOUT 48 YEARS, MEMBERSHIP NO.128 16. BHAGYAMMA W/O S.E VENKATESH AGED ABOUT 48 YEARS, MEMBERSHIP NO.129 - 3 - NC: 2025:KHC:13612 WP No. 30438 of 2024 17. LAKSHMAMMA W/O R H KRISHNAPPA AGED ABOUT 55 YEARS, MEMBERSHIP NO.135 18. A KEMPANNA S/O KEMPANNA AGED ABOUT 58 YEARS, MEMBERSHIP NO.137 19. KEMPAMMA W/O A KEMPANNA AGED ABOUT 50 YEARS, MEMBERSHIP NO.138 20. PADMAMMA W/O R. G NAGARAJU AGED ABOUT 50 YEARS, MEMBERSHIP NO.162 21. YESHODAMMA W/O R G KRISHNAPPA AGED ABOUT 58 YEARS, MEMBERSHIP NO.167 22. ANANDAMMA W/O MUNIANJINAPPA AGED ABOUT 45 YEARS, MEMBERSHIP NO.170 23. SARASWATHAMMA W/O K KRISHNAPPA AGED ABOUT 52 YEARS, MEMBERSHIP NO.181 24. SHANTAMMA W/O N VENKATESH GOWDA AGED ABOUT 55 YEARS, MEMBERSHIP NO.191 25. SHARADAMMA W/O SHANKARAPPA AGED ABOUT 35 YEARS, MEMBERSHIP NO.192 - 4 - NC: 2025:KHC:13612 WP No. 30438 of 2024 26. MANJULAMMA W/O G M GOWDAPPA AGED ABOUT 44 YEARS, MEMBERSHIP NO.201 27. RAMALAKSHMAMMA W/O RAJANNA AGED ABOUT 53 YEARS, MEMBERSHIP NO.204 28. NAGAVENI W/O R.G.DEVARAJU AGED ABOUT 46 YEARS MEMBERSHIP NO.218 29. P UMA W/O R.V.VENKATESH AGED ABOUT 45 YEARS MEMBERSHIP NO.228 30. R.V. VENKATESH S/O VENKATARAMAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO.227 31. MUNILAKHMAMMA W/O R.H.MUNIKRISHNAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO.233 32. SUSHILAMMA W/O N.RAJANNA AGED ABOUT 58 YEARS MEMBERSHIP NO.241 33. CHANDRAMMA W/O NAGARAJU AGED ABOUT 33 YEARS MEMBERSHIP NO.290 34. R. NAGARAJU S/O RAMMAPPA AGED ABOUT 40 YEARS MEMBERSHIP NO.291 - 5 - NC: 2025:KHC:13612 WP No. 30438 of 2024 35. SAVITHA W/O R.G.BACHAPPA AGED ABOUT 38 YEARS MEMBERSHIP NO.304 36. R.G. KRISHNAPPA S/O R.B.GOPALAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO.314 37. NELAVENI W/O RAVI.N AGED ABOUT 48 YEARS MEMBERSHIP NO.312 ALL ARE THE MEMBERS OF THE RAMACHANDRA HOSURU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD RAMACHANDRAHOSURU CHIKKABALAPURA TALUK AND DISTRICT - 562101. …PETITIONERS (BY SRI. DEVI PRASAD SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK SHANTHI NAGAR, BANGALORE-560 027 REP. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ ELECTION OFFICER DISTRICT ADMINISTRATIVE BUILDING CHIKKABALAPURA TALUK AND DISTRICT- 562101 4. RETURNING OFFICER, RAMACHANDRAHOSURU MILK PRODUCERS COOPERATIVE SOCIETY LTD RAMACHANDRAHOSURU CHIKKABALAPURA TALUK AND DISTRICT- 562101 - 6 - NC: 2025:KHC:13612 WP No. 30438 of 2024 REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) 5. RAMACHANDRAHOSURU MILK PRODUCERS COOPERATIVE SOCIETY LTD RAMACHANDRAHOSURU CHIKKABALAPURA TALUK AND DISTRICT - 562101. REP. BY ITS CHIEF EXECUTIVE OFFICER RESPONDENTS REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959 …RESPONDENTS (BY SRI.YOGESH D. NAIK., AGA FOR R1 TO R3; SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R4; SRI.A.MAHAMAD TAHIR., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 5 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNEXURE-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 14/11/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.A.Mahammed Tahir., learned counsel for respondent No.5 submits that Society has complied with all the formalities. His submission is placed on record. 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 - 7 - NC: 2025:KHC:13612 WP No. 30438 of 2024 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:13612 WP No. 30438 of 2024 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 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. 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 - 9 - NC: 2025:KHC:13612 WP No. 30438 of 2024 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.: 41