- 1 - NC: 2025:KHC:8038 WP No. 33514 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 33514 OF 2024 (CS-EL/M) BETWEEN: 1. PRATIBA KRISHNAMURTHY HEGDE W/O PURUSHOTHAM H.M AGED ABOUT 36 YEARS HEBBIGE HOSANAGARA TALUK SHIVMAOGGA DISTRICT – 577 452 SHARE NO.1380. 2. RAJENDRA SHETTY S/O SUBBAYYA SHETTY AGED ABOUT 47 YEARS NITTUR POST, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.499. 3. ARUNA S/O MANJAPPA AGED ABOUT 27 YEARS GURUTE NITTUR HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.27. 4. SUKANYA W/O RADHAKRISHNA AGED ABOUT 56 YEARS MALLEKOPPA, NITTUR POST HOSANAGARA, SHIVAMOGGA – 577 452 SHARE NO.56. 5. VINAYAKA D.P S/O PARAMESHWARAYYA AGED ABOUT 56 YEARS NITTUR POST, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.972. 6. PADMAVATHI W/O KRISHNA HEGADE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8038 WP No. 33514 of 2024 AGED ABOUT 54 YEARS NITTUR POST, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.975. 7. MANU KUMAR K.K S/O KRISHNA HEGDE AGED ABOUT 30 YEARS NITTUR POST, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.978. 8. GURURAJA C S/O CHANDRA ACHARI AGED ABOUT 31 YEARS NITTUR POST HOSANAGARA TALUKU, SHIVAMOGGA – 577 452 SHARE NO.997. 9. GIRIJA RADHAKRISHNA W/O RADHAKRISHNA, AGED ABOUT 62 YEARS HOSALLI, NITTUR, HOSANAGARA SHIVAMOGGA DISTRICT – 577 452 SHARE NO.1009. 10. SANTHOSH SHETTY S/O MAHABALA SHETTY AGED ABOUT 39 YEARS GOWRIKERE, NITTUR POST HOSANAGARA, SHIVAMOGGA – 577 452 SHARE NO.1014. 11. CHANDRA S/O ANTHA AGED ABOUT 57 YEARS GOWRIKERE, NITTUR HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1040. 12. MOKAMBIKA W/O RAGHAVENDRA AGED ABOUT 40 YEARS DOSEMAKKI, NITTUR HOSANAGARA, SHIVAMOGGA – 577 452 SHARE NO.1081. 13. GULABHI W/O UDAYA BHANDARI AGED ABOUT 40 YEARS - 3 - NC: 2025:KHC:8038 WP No. 33514 of 2024 NITTUR, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1120. 14. KRISHNAMURTHI M.S S/O SUBBARAO AGED ABOUT 59 YEARS NAGODI, NITTUR, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1131. 15. LAKSHMAMMA W/O LAKSHMINARAYANA AGED ABOUT 66 YEARS, NITTUR HOSANAGARA, SHIVAMOGGA – 577 452 SHARE NO.1136. 16. KRISHNAMURTHI S/O MARIYAPPA AGED ABOUT 52 YEARS LAKMANE, NITTUR, HOSANAGARA SHIVAMOGGA DISTRICT - 577452 SHARE NO.1165. 17. PRABHAVATI K.S W/O PRASHANTHI N.S AGED ABOUT 38 YEARS NITTUR, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1222. 18. PRAKASH HATWAR S/O SATYANARAYANA HATWAR AGED ABOUT 54 YEARS NITTUR, HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1223. 19. KIRAN KUMAR B.P S/O PARAMESHWAR RAO AGED ABOUT 52 YEARS TUMBEKODLU, NITTUR HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1228. 20. PARAMESHWARA A.G S/O GANAPAYYA AGED ABOUT 54 YEARS ADIKESHINI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 - 4 - NC: 2025:KHC:8038 WP No. 33514 of 2024 SHARE NO.1296. 21. GIRIJA W/O GANAPAYYA SHETTY AGED ABOUT 54 YEARS KALYANICHOWKA, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1368. 22. MANDAKINI W/O BHASKAR RAO M.N AGED ABOUT 66 YEARS SALLEMANE, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1376. 23. SHAILAJA S, W/O SANTHOSH SHETTY AGED ABOUT 33 YEARS GOWRIKERE, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1377. 24. AVINASH A.R S/O RAVISH H.R AGED ABOUT 28 YEARS ADIKESHINI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1385. 25. PARAMESHWARA RAO S/O NARAYANA RAO AGED ABOUT 74 YEARS GOWRIKERE, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1407. 26. SHANTARAMA PRABHU P S/O P PRABHU AGED ABOUT 75 YEARS SIDLAKUNI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.75. 27. GEETHAMMA W/O CHIDAMBARA RAO AGED ABOUT 70 YEARS ATTALLI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1429. 28. LALITHA - 5 - NC: 2025:KHC:8038 WP No. 33514 of 2024 W/O BHABI GOWDA AGED ABOUT 50 YEARS KARKMUDI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.277. 29. NAGA KOTARI S/O RAMA KOTARI AGED ABOUT 50 YEARS GURUTE, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.373. 30. RAMA S/O ERA NAIKA AGED ABOUT 46 YEARS MARAKUTUKA, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO. 511. 31. SHRINIVASAMURTHY K.P S/O PUTTANNAYYA AGED ABOUT 70 YEARS NAGODI, NITTUR HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.626. 32. HIRIYA NAIKA S/O MANJA NAIKA AGED ABOUT 56 YEARS KARKMUDI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.834. 33. DINESH J.M S/O MANJAPPA AGED ABOUT 40 YEARS GURUTE, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.988. 34. VISHWANATHA GANESH HEGADE S/O GANESH HEGDE AGED ABOUT 53 YEARS HOLAGARU, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1001. 35. GHOWDA S/O KULLA AGED ABOUT 62 YEARS NAGODI, NITTUR HOSANAGARA SHIVAMOGGA – 577 452 - 6 - NC: 2025:KHC:8038 WP No. 33514 of 2024 SHARE NO.1097. 36. VIDYASHREE W/O RAGHAVENDRA M AGED ABOUT 62 YEARS NAGODI, NITTUR, HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1189. 37. SAVITHA SHEDTI W/O RAGHAVENDRA AGED ABOUT 34 YEARS NAGODI, NITTUR HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1298. 38. OMKARAN S/O NEMIRAJA AGED ABOUT 46 YEARS KARKMUDI, NITTUR POST HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.1280. 39. UDAYASHETTY S/O SHIVARAMA SHETTY AGED ABOUT 58 YEARS NAGODI, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1235. 40. ASHA M ADIGA W/O MANJUNATHA B.M AGED ABOUT 55 YEARS KARKMUDI, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1317. 41. KARUNAKARA G BHAT S/O GANAPTI BHAT AGED ABOUT 22 YEARS HOLAGARU, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1433. 42. SHARANYA S D/O SHASHIDARA AGED ABOUT 26 YEARS HOLAGARU, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1379. 43. UDAYA JOGI S/O BABU JOGI - 7 - NC: 2025:KHC:8038 WP No. 33514 of 2024 AGED ABOUT 38 YEARS HOSAGADDE, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.1373. 44. SHAMANTHA K.S S/O SRINIVAS MURTHY K.P AGED ABOUT 34 YEARS NAGODI, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452. SAHRE NO.653. 45. RAGHAVENDRA M S/O MAHABALA ACHARI AGED ABOUT 35 YEARS NAGODI, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.841. 46. AMRUTHA K.S W/O SHAMANTHA K.S AGED ABOUT 31 YEARS NAGODI, NITTUR POST HOSANAGARA SHIVAMOGGA – 577 452 SHARE NO.839. 47. JAGADEESH B S/O ANANTHAYYA AGED ABOUT 64 YEARS BEGADALI, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO.185. 48. GURUMURTHI B.M S/O BADIYA AGED ABOUT 55 YEARS DOSEMAKKI, NITTUR POST HOSANAGARA SHIVAMOGGA - 577452 SHARE NO. 1079. …PETITIONERS (BY SRI GIREESHA KODGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR B.R. AMBEDKAR VEEDHI - 8 - NC: 2025:KHC:8038 WP No. 33514 of 2024 BENGALURU - 01 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, SHANTHI NAGAR BANGALORE – 27, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKAR BHAVAN, 1ST FLOOR DC OFFICE PREMISES, BASAVANAGUDI SHIVAMOGGA, KARNATAKA – 577 201 DRCS-SHIMOGA-KA@NIC.IN. 4. SRI SHRAVANA KUMAR U.M ASSISTANT TEACHER, S.H.P.SHALE KUMBALE, RETURNING OFFICER APPOINTED FOR PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, NITTURU HOSANAGARA TALUK SHIVAMOGGA DIST – 577 452. 5. PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA NITTURU, HOSANAGARA TALUK SHIVAMOGGA DIST - 577452 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; R-5 SERVED & UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST FOR THE YEAR 2024-25 AS PER ANNEXURE-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 14.12.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - NC: 2025:KHC:8038 WP No. 33514 of 2024 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- “Wherefore, the petitioner most humbly prays that this Hon’ble Court may be pleased to issue, i. Issue a writ of mandamus directing the respondent no.2 to 5 to include the name of the petitioners in the eligible voters list for the year 2024-25 as per Annexure-B and permit the petitioners to cast their votes in the elections to the respondent no.5 which is scheduled to be held on 14/12/2024. ii. Such other direction or order writ as may deem fit to this Hon’ble court may kindly be issued.” 2. This Court by way of an interim arrangement on 10.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 14.12.2024 subject to final outcome of this petition. 3. Heard Sri Gireesha Kodgi, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. - 10 - NC: 2025:KHC:8038 WP No. 33514 of 2024 4. Respondent No.5 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 14.12.2024 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju - 11 - NC: 2025:KHC:8038 WP No. 33514 of 2024 and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 14.12.2024, if not already announced. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners 1 2022 (4) AKR 775 - 12 - NC: 2025:KHC:8038 WP No. 33514 of 2024 to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. - 13 - NC: 2025:KHC:8038 WP No. 33514 of 2024 vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA MBM CT:DN List No.: 2 Sl No.: 17