- 1 - NC: 2025:KHC:13437 WP No. 27916 of 2023 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. 27916 OF 2023 (CS-EL/M) BETWEEN: 1. SMT SHAILAJA S W/O SHIVALINGAIAH K AGED ABOUT 50 YEARS 2. SRI M T UMESH S/O JAVARAPPA T AGED ABOUT 33 YEARS 3. SRI SHIVAKUMAR M C S/O CHOWDEGOWDA AGED ABOUT 57 YEARS 4. SRI KRISHNEGOWDA S/O JAVARAYIGOWDA AGED ABOUT 64 YEARS 5. SRI SHIVARAMU S/O LATE APPEGOWDA AGED ABOUT 48 YEARS 6. SRI SRIDHAR M B S/O BORAIAH AGED ABOUT 57 YEARS 7. SRI CHANDRASHEKAR M N S/O NINGEGOWDA AGED ABOUT 43 YEARS 8. SRI KUMAR S/O JAVARASHETTY AGED ABOUT 49 YEARS 9. SRI CHANDRA S/O RAJANNA AGED ABOUT 46 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13437 WP No. 27916 of 2023 10. SRI THAMMEGOWDA S/O JAVARAPPA T AGED ABOUT 42 YEARS 11. SRI KRISHNA M S S/O SHIVANNA M N AGED ABOUT 29 YEARS 12. SRI SOMASHEKAR M L S/O P LINGAIAH AGED ABOUT 45 YEARS All are R/AT MALLANAYAKANAKATTE VILLAGE MANDYA TALUK, MANDYA DIST-571405 …PETITIONERS (BY SRI. RAVINDRA PRASAD B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, VIKASA SOUDHA, BANGALORE-560001 2. THE CO-OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, SHANTHINAGAR, TTMC A BLOCK, K H ROAD SHANTHINAGAR, BANGALORE-560027 3. DISTRICT REGISTRAR OF CO OPERATIVE SOCIETY BEHIND SIDDARTHA THEATER, R.P. ROAD, MANDYA-571401 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, MANDYA DIVISION, MANDYA DISTRICT-571434 5. RETURNING OFFICER MALLANAYAKANAKATTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD MANDYA TALUK MANDYA DIST-571405 6. MALLANAYAKANAKATTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD MANDYA TALUK, - 3 - NC: 2025:KHC:13437 WP No. 27916 of 2023 MANDYA DIST-571405 REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT 1950) …RESPONDENTS (BY SRI.YOGESH D NAIK., AGA FOR R1, 3 TO 5; SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R2; R6-MALLANAYAKANAKATTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MANDAY R/BY ITS CEO-SD) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R-2 TO 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST IN THE ELECTION TO THE R-6 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 23.12.2023 VIDE ANNEXURE-A AND ETC. THIS 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:13437 WP No. 27916 of 2023 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. 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 - 5 - NC: 2025:KHC:13437 WP No. 27916 of 2023 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 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.: 51