- 1 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100689 OF 2025 (CS-EL/M) BETWEEN: 1. BABU S/O. SADEPPA DEVALATTI AGE: 52 YEARS, OCC: AGRI., 2. VIDYADHRA S/O. VIRUPAKHI RACHANAIKAR AGE: 65 YEARS, OCC: AGRI., 3. YASHODHA W/O. GULAPPA KENDRI AGE: 52 YEARS, OCC: AGRI., 4. MAHESHWARI W/O. MAHANTESH CHIKKAMATH AGE: 47 YEARS, OCC: AGRI., 5. JAYAMMA W/O. BASAVARAJ DEVALAPUPUR, AGE: 57 YEARS, OCC: AGRI., 6. SHESHIDAR S/O. MALLAPPA PHARALADA, AGE: 57 YEARS, OCC: AGRI., 7. GOUSASAB S/O. HAJARATHSAB MOKASHI, AGE: 68 YEARS, OCC: AGRI., 8. NAGESH S/O. SHIVAPUTRAPPA NEGINAHAL, AGE: 58 YEARS, OCC: AGRI., 9. NIJALINGAYYA S/O. CHANNABASAYYA HIREMATH, AGE: 70 YEARS, OCC: AGRI., 10. SATISH S/O. CHANDRAKANTH PALEKAR, AGE: 42 YEARS, OCC: AGRI., 11. BASAVARAJ S/O. RAMAPPA KURERA, AGE: 52 YEARS, OCC: AGRI., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:33 +0530 - 2 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 12. PARIS S/O. YALLANAGOUDA PATIL, AGE: 64 YEARS, OCC: AGRI., 13. SHANKAR S/O. RAMAPPA KURERA, AGE: 55 YEARS, OCC: AGRI., 14. ANAND S/O. RAMACHANDRA SAMBOJI, AGE: 32 YEARS, OCC: AGRI., 15. HONDAPPA S/O. SHIVALINGAPPA KADEMANI, AGE: 52 YEARS, OCC: AGRI., 16. SHANKARAYYA S/O. BASALINGAYYA HIREMATH AGE: 65 YEARS, OCC: AGRI., 17. RACHAYYA S/O. RAJASHEKARAYYA HIREMATH AGE: 62 YEARS, OCC: AGRI., 18. KEDARI S/O. RUDRAPPA SONAPPANNAVAR AGE: 55 YEARS, OCC: AGRI., 19. BASAPPA S/O. KALLAPPA UGARAKHODA AGE: 60 YEARS, OCC: AGRI., 20. LALITA W/O. RAJASHEKARAYYA CHARANTIMATH AGE: 55 YEARS, OCC: AGRI., 21. SHANTA W/O. IRAPPA KOLI AGE: 48 YEARS, OCC: AGRI., 22. MAHADEVI W/O. RACHAYYA HIREMATH, AGE: 50 YEARS, OCC: AGRI., 23. PAVITHRA W/O. RUDRAPPA KHATHAGAR AGE: 65 YEARS, OCC: HOUSEHOLD , 24. MAHADEV S/O. GANGAPPA KURERA, AGE: 52 YEARS, OCC:AGRI., - 3 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 25. YALLAPPA S/O. RUDRAPPA ETTAPPANAVAR, AGE: 45 YEARS, OCC: AGRI., 26. SUJATA W/O. RAJU KUMBAR AGE: 61 YEARS, OCC: HOUSEHOLD , 27. SHIVAJI S/O. CHANDRASHEKAR AGASIMANI, AGE: 63 YEARS, OCC: AGRI., 28. NIRMALA W/O. CHANDRASHEKAR AGASIMANI, AGE: 65 YEARS, OCC: HOUSEHOLD , 29. BASAPPA S/O. GURUBASAPPA YADALA, AGE: 52 YEARS, OCC: AGRI., 30. SUNITHA W/O. SHIVUKUMAR HIREMAT, AGE: 42 YEARS, OCC: HOUSEHOLD, 31. RAVINDRA S/O. RAMACHANDRA KAMMAR, AGE: 65 YEARS, OCC: AGRI., 32. AMITH S/O. GADAGAYYA HIREMAT, AGE: 55 YEARS, OCC: AGRI., 33. MRUTHUNJAY S/O. RAJASHEKARAYYA HIREMAT, AGE: 57 YEARS, OCC: AGRI., 34. GANGAYYA S/O. SHIVALINGAYYA HIREMAT, AGE: 55 YEARS, OCC: AGRI., 35. SHWETHA W/O. SHIVALINGAYYA CHIKMATH, AGE: 42 YEARS, OCC: HOUSEHOLD, 36. SHASHIKALA W/O. NIJJALINGAYYA HIREMATH, AGE: 45 YEARS, OCC: HOUSEHOLD, 37. SHARADA W/O. SHIVALINGAYYA HIREMATH, AGE: 48 YEARS, OCC: HOUSEHOLD, - 4 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 38. PRASANNA S/O. GOVINDA KULAKARNI, AGE: 45 YEARS, OCC: AGRI., 39. VIKAS S/O. ARVINDA KULAKARNI, AGE: 45 YEARS, OCC: AGRI., 40. MARUTI S/O. GAJAPPA KURERA, AGE: 52 YEARS, OCC: AGRI., 41. NAGAPPA S/O. NINGAPPA BIRJI, AGE: 54 YEARS, OCC: AGRI., 42. SHEETAL S/O. BASAPPA PATIL, AGE: 49 YEARS, OCC: AGRI., 43. BASAVARAJ S/O. KALLAPPA NAVALAGATTI, AGE: 54 YEARS, OCC: AGRI., 44. UDAY S/O. BHIMARAYAPPA MULIMANI, AGE: 44 YEARS, OCC: AGRI., 45. GAJANAN S/O. BASAPPA SOGALANNAVAR, AGE: 50 YEARS, OCC: AGRI., 46. KALMESH S/O. BAIRAPPA ITTAPPANAVAR, AGE: 59 YEARS, OCC: AGRI., 47. NITYANAND S/O. PUNDALIK BALEKUNDRI, AGE: 36 YEARS, OCC: AGRI., 48. SHRIMANTH S/O. YADAPPA JAINAR, AGE: 45 YEARS, OCC: AGRI., 49. CHANDRASHEKAR S/O. MALLIKARJUN MURAGOD, AGE: 55 YEARS, OCC: AGRI., ALL ARE R/O: GANDIGAWAD, TQ: KHANAPUR, DIST: BELAGAVI-591112. …PETITIONERS (BY SRI. K.H. BAGI, ADVOCATE) - 5 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 AND: 1. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK, SHANTINAGAR, TTMC BUILDING, SHANTINAGAR, BENGALURU-560002. REP. BY ITS COMMISSIONER. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI, DIST: BELAGAVI-590001. 3. THE ELECTION OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY CO-OPERATIVE SOCIETIES, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI, DIST: BELAGAVI-590001. 4. THE RETURNING OFFICER, THE SHREE BHAGYAJYOTI URBAN CREDIT SOUHARDA SAHAKARI SANGA NIYAMIT, GANDIGAWAD, TALUKA: KHANAPUR, DIST: BELAGAVI-591112. 5. THE SHREE BHAGYAJYOTI URBAN CREDIT SOUHARDA SAHAKARI SANGA NIYAMIT, GANDIGAWAD, TALUKA: KHANAPUR, DIST: BELAGAVI-591112. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. KIRTILATA PATIL, HCGP FOR R1 AND R3; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2 & R4; SRI. I.Y. PATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THE VOTE IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 5TH RESPONDENT SOCIETY SCHEDULED TO BE HELD ON 02.02.2025 AS PER THE CALENDAR OF EVENTS DATED 02.01.2025 PUBLISHED BY - 6 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 THE 4TH RESPONDENT VIDE ANNEXURE-A BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 5TH RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW, IN THE ENDS OF JUSTICE; A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED INELIGIBLE VOTERS LIST UNDATED AND UNNUMBERED ISSUED BY THE 5TH RESPONDENT, IN SO AS PETITIONERS ARE CONCERNED PRODUCED AT ANNEXURE ‘C’ BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioners are before this Court seeking for the following reliefs : a. Issue a writ of in the nature of mandamus directing the Respondents to Include the name of the Petitioners in the Final Eligible Voters list and permit the petitioners to cast the vote in the election to the Committee of Management of the 5th Respondent Society Scheduled to be held on 02.02.2025 as per the calendar of events dated 02.01.2025 published by the 4th Respondent vide Annexure-A by allowing this writ petition in the interest of justice and equity; b. Issue writ in the Nature of Mandamus directing the 4th Respondent to declare the Election results of the 5th Respondent Society after completion of the Election Process in accordance with law, in the ends of justice; - 7 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 c. a writ in the nature of certiorari or any other writ or order or direction, quashing the impugned ineligible voters list undated and unnumbered issued by the 5th Respondent, in so as petitioners are concerned produced at Annexure ‘C’ by allowing this writ petition in the interest of justice and equity; d. Pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 2. During the pendency of the above matter, elections have been held and results are to be declared. A co-ordinate bench of this Court in its order dated 07.06.2022 in Writ Petition No.8502 of 2022 and connected mater has held in similar matters that the counting is required to be completed, results announced and liberty was reserved to avail the remedy of filing a election petition, if aggrieved by the results, I am of the opinion that the said order would also be applicable to the present matter. Hence, I pass the following : ORDER (i) Writ petition is disposed of. - 8 - NC: 2025:KHC-D:3776 WP No. 100689 of 2025 (ii) The Returning Officer is directed to announce the result after counting of the votes within 3 days from date of receipt of a copy of this order. (iii) All contentions and allegations of the petitioners are left open to be agitated in proceedings in election petition, if and so filed. (iv) Pending application, if any, does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 2 Sl No.: 9