- 1 - NC: 2025:KHC:14530 WP No. 33938 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33938 OF 2024 (CS-EL/M) BETWEEN: 1. K MANJAPPA S/O. LATE KARIYAPPA, AGED ABOUT 69 YEARS R/AT NO. 154, 2ND MAIN ROAD, HOSA BULLAPURA, MILITERY CAMP NEW TOWN, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301, MEMBERSHIP NO. 3/1 2. RAMEGOWDA S/O. RAMEGOWDA, AGED ABOUT 75 YEARS R/AT ANTARGANGE VILLAGE AND POST, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301 MEMBERSHIP NO. 182/37. 3. DEVARAJA C S/O. CHANNABASAPPA, AGED ABOUT 66 YEARS NAVALE BSAPURA, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301, MEMBERSHIP NO. 182/37. 4. DINESH T, S/O. G.M. TIMMAPPA, AGED ABOUT 46 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14530 WP No. 33938 of 2024 TALLIKATTI VILLAGE AND POST, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301, MEMBERSHIP NO. 46/49. 5. S.S. SATHYANARAYANA, S/O LINGAIAH, AGED ABOUT 75 YEARS R/AT ANTARGANGE VILLAGE AND POST, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301, MEMBERSHIP NO.159/43 6. KAVERAMMA K.M, W/O ESHWARAPPA G.S. AGED ABOUT 75 YEARS R/AT CHANNEL RIGHT SIDE KOMARANAHALLI VILLLAGE DEVARAHALLI POST, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301, MEMBERSHIP NO. 27/52 …PETITIONERS (BY SRI. HARISH KUMAR M.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. - 3 - NC: 2025:KHC:14530 WP No. 33938 of 2024 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BHADRAVATHI SUB-DIVISION, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 5. BHADRAVATHI PRIMARY CO-OP AGRI AND RURAL DEVELOPMENT BANK LTD., REPRESENTED BY ITS MANAGER, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. 6. RETURNING OFFICER, BHADRAVATHI PRIMARY CO-OP AGRI AND RURAL DEVELOPMENT BANK LTD., BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 AND R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 - BHADRAVATHI PRIMARY CO-OP AGRI AND RURAL DEVELOPMENT BANK LTD., SHIVAMOGGA - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO QUASH THE ENDORSEMENT/ ORDER ISSUED BY THE R-5 DATED 29.11.2024 VIDE NO. 174/2024-25, 179/2024-25, 177/2024- 25, 178/2024-25, 173/2024-25 AND 172/2024-25 VIDE ANNX- C1 TO C6 AND ETC., - 4 - NC: 2025:KHC:14530 WP No. 33938 of 2024 THIS PETITION, COMING ON FOR PRLIMINARY 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 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:14530 WP No. 33938 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 in the above matter 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:14530 WP No. 33938 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. SD/- (SURAJ GOVINDARAJ) JUDGE SS List No.: 1 Sl No.: 54 CT: BHK