- 1 - NC: 2025:KHC:5063 WP No. 34938 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34938 OF 2024 (CS-EL/M) BETWEEN: 1. H.S. KALASAPPA (MEMBERSHIP NO 27) S/O SURAPPA, AGED ABOUT 70 YEARS, R/O HOSAMANE, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 2. KRISHNAPPA GOWDA (MEMBERSHIP NO 53 ) S/O MANJAPPA GOWDA AGED ABOUT 72 YEARS, R/O HOSAMANE, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 3. H P DHARMAYA (MEMBERSHIP NO 54 ) S/O PUTTA GOWDA , AGED ABOUT 67 YEARS, R/O HOSAMANE, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5063 WP No. 34938 of 2024 4. K MANJUNATHA (MEMBERSHIP NO 187) S/O KITTA GOWDA , AGED ABOUT 53 YEARS, R/O KARIGESI, KELAKULI POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 5. H P VENKATESH (MEMBERSHIP NO 192) S/O PUTTAPA GOWDA , AGED ABOUT 55 YEARS, R/O HOSAMANE, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 6. J VITTAL SHETTY (MEMBERSHIP NO 395) S/O JINAPPA SHETTY , AGED ABOUT 63 YEARS, R/O CHOWKI, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 7. SURAPPA (MEMBERSHIP NO 515) S/O SHESHA NAYAK, AGED ABOUT 65 YEARS, R/O MUSUKINNAJEDDU, KELAKULI POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT - 3 - NC: 2025:KHC:5063 WP No. 34938 of 2024 8. SMT. SAROJA (MEMBERSHIP NO 157) W/O DHARMAYA HEGDE AGED ABOUT 70 YEARS, R/O CHOWKI, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 9. SMT. MALLIKA (MEMBERSHIP NO 477) W/O KUMAR G , AGED ABOUT 65 YEARS, R/O CHOWKI, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 10. H.S. NAVEEN (MEMBERSHIP NO 757) S/O SURAPPA GOWDA AGED ABOUT 57 YEARS, R/O HOSAMANE, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT 11. BHASKAR ACHRYA (MEMBERSHIP NO 633) S/O BABU ACHRYA, AGED ABOUT 70 YEARS, R/O CHOWKI, KESAVE POST, AND VILLAGE, KOPPA TALUK 577126 CHIKMAGALUR DISTRICT …PETITIONERS (BY SRI. K PRASANNA SHETTY, ADVOCATE) - 4 - NC: 2025:KHC:5063 WP No. 34938 of 2024 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, SHANTHINAGAR, BANGALORE 560 027. REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHICKMAGALURU DISTRICT - 577 126. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKMAGALURU DISTRICT - 577 126. 5. CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., KESAVE, KOPPA TALUK, CHICKMAGALURU - 577 126. (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959) 6. RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., KESAVE, KOPPA TALUK, CHICKMAGALUR 577 126. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) - 5 - NC: 2025:KHC:5063 WP No. 34938 of 2024 …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST AND VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 29.12.2024 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- "i) Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to contest and votes in the elections to the respondent No.5 which is scheduled to be held on 29.12.2024 in the interest of justice and equity. (ii) Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued." - 6 - NC: 2025:KHC:5063 WP No. 34938 of 2024 2. This Court by way of an interim arrangement on 19.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 29.12.2024 subject to final outcome of this petition. 3. Heard Sri K. Prasanna Shetty, learned counsel for the petitioners, Sri Siddharth Babu Rao, learned AGA for respondent Nos.1, 3, 4 and 6 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Counsel for the petitioners submits that the election has been held as scheduled on 29.12.2024 and the petitioners have cast their votes. 5. 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 - 7 - NC: 2025:KHC:5063 WP No. 34938 of 2024 should be treated as eligible voters and their votes to be counted as valid votes. 6. 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 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. 1 2022 (4) AKR 775 - 8 - NC: 2025:KHC:5063 WP No. 34938 of 2024 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 29.12.2024, 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 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 - 9 - NC: 2025:KHC:5063 WP No. 34938 of 2024 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. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA VS List No.: 2 Sl No.: 11 CT:SNN