- 1 - NC: 2025:KHC:13616 WP No. 31109 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. 31109 OF 2024 (CS-EL/M) BETWEEN: 1. SMT RAMYA SHREE S B W/O SRI. ASHOK AGED ABOUT 34 YEARS, R/A ANTHARAGANGE, SHIMOGA-577245 MEMBER SHIP NUMBER 496 2. SMT. LAKSHAMAMMA C/O SRL. KRISHNAPPA, AGED ABOUT 67 YEARS, R/A ANTHARAGANGE, SHIMOGA-577245 MEMBER SHIP NUMBER 99 3. SRL. RAVINDRA, S/O LATE SRI. SIDAPPA, AGED ABOUT 40 YEARS, R/A BHADRAVATI, SHIMOGA-577245 MEMBER SHIP NUMBER 562 4. SRI. SATISHA T, S/O SRI. THIMMAPPA, AGED ABOUT 39 YEARS, R/A SUNNADAHALLI, SHIMOGA-577245 MEMBER SHIP NUMBER 434 5. SMT. SAVITHRAMMA, W/O SRI. HANUMANTHA H, AGED ABOUT 67 YEARS, R/A BHADRAVATI, SHIMOGA-577245 MEMBER SHIP NUMBER 525 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13616 WP No. 31109 of 2024 6. SRI. THIMMAPPA, S/O SRI. MASTHIGOWDA, AGED ABOUT 54 YEARS, R/A ANTHARAGANGE, BHADRAVATI, SHIMOGA-577245 MEMBER SHIP NUMBER 479 7. SMT JAYALAKSHMI WIE SRI GYNESHWARA AGED ABOUT 54 YEARS R/A ANTHARAGANGE. SHIMOGA-577245 MEMBER SHIP NUMBER 513 8. SMT. NAGAMMA. C/O SRI. THIMME GOWDA, AGED ABOUT 66 YEARS, R/A ANTHARAGANGE, SHIMOGA-577245 MEMBER SHIP NUMBER 555 9. SRI. ROHITH KUMAR A.O S/O SRI. ONKARAPPA A.C. AGED ABOUT 33 YEARS R/A ANTHARANGANGE, BHADRAVATI, SHIMOGA-577245 MEMBER SHIP NUMBER 552 10. SRI. BHASAVARAJAPPA, S/O LATE SRI. CHANNABASAPPA, AGED ABOUT 60 YEARS, R/A ANTHARAGANGE, SHIMOGA-577245 MEMBER SHIP NUMBER 428 11. SMT. LALITHA W/O SRI. LOKESH, AGED ABOUT 38 YEARS, R/A ANTHARAGANGE, SHIMOGA-577245 MEMBER SHIP NUMBER 518 …PETITIONERS (BY SRI. PRASHANTH H S.,ADVOCATE) - 3 - NC: 2025:KHC:13616 WP No. 31109 of 2024 AND: 1. DEPARTMENT OF CO OPERATION M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU -560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES. SHIVAMOGGA DISTRICT SHIVAMOGGA-577201 4. THE ASSISTANT REGISTRAR TOF CO-OPERATIVE SOCIETIES BHADRAVATI SUB-DIVISION BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577 245 5. THE RETURNING OFFICER ANTARAGANGE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., ANTARAGANGE, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577245 6. ANTARAGANGE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., ANTARAGANGE, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577245. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3 TO R5; SRI. T.L.KIRAN KUMAR., ADVOCATE FOR R2; SRI. B.N. SUNIL KUMAR., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 6 TO INCLUDE THE NAME OF - 4 - NC: 2025:KHC:13616 WP No. 31109 of 2024 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-6 WHICH IS SCHEDULED TO BE HELD ON 24.11.2024 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDER, 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 5 - NC: 2025:KHC:13616 WP No. 31109 of 2024 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 votes cast by the petitioners in the above matter. - 6 - NC: 2025:KHC:13616 WP No. 31109 of 2024 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. v. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 42