- 1 - NC: 2025:KHC:17172 WP No. 32495 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32495 OF 2024 (CS-EL/M) BETWEEN: B T GOPALAGOWDA S/O B. THAMMEGOWDA AGED ABOUT 78 YEARS, R/AT VIGNESHWARA KRUPA, BSNL TOWERS ROAD, VIJAYAPURA CHIKKAMAGALURU-577101 …PETITIONER (BY SRI. RAMACHANDRA N.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION 6TH FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU 560001 REP BY ITS ADDITIONAL CHIEF SECRETARY 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, MYSORE REGION, PUBLIC OFFICE BUILDING NEW SAYOJI RAO ROAD MYSORE -570024 3. CO-OPERATION ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, SHANTHINAGAR, K.H ROAD BENGALURU -560027 BY ITS ELECTION COMMISSIONER 4. CHIKMAGALURU DISTRICT GRADUATES CREDIT CO-OPERATIVE SOCIETY LTD., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17172 WP No. 32495 of 2024 BEHIND GOPALKRISHNA TEMPLE ROAD NEAR HITECH SERVICE STATION BASAVANAHALLI, CHIKKAMAGALURU - 577101 BY ITS MANAGER NOTE- REGISTERED U/KES ACT 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3; V/O DATED 03.12.2024 NOTICE TO R4 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. J.R/M/C/KA.MA.PATTI/AKSHAPPANE/P.R-238/2024-25 DTD. 12.09.2024 PASSED BY THE R-2 VIDE ANNX-E AS NULL AND AVOID AND CONSEQUENTLY DIRECT THE R-2 AND 4 TO INSERT THE NAME OF PETITIONER IN THE FINAL ELIGIBLE VOTERS LIST IN THE ENSUING ELECTIONS SCHEDULED TO BE HELD ON 29.12.2024 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. Notice to respondent No.4 is dispensed with. 2. This Court by way of various interim orders had permitted the petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. - 3 - NC: 2025:KHC:17172 WP No. 32495 of 2024 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 vote cast by the petitioner. 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. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:17172 WP No. 32495 of 2024 copy of this order by taking into account the vote cast by the petitioner 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 vote cast by the petitioner 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.: 54