- 1 - NC: 2025:KHC:5171 WP No. 34965 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. 34965 OF 2024 (CS-EL/M) BETWEEN: 1. SRI. G.V. PARAMASHIVAPPA S/O G VEERAPPA AGED ABOUT 59 YEARS 2. SMT. BHARATHAMMA W/O G A MANJUNATHA AGED ABOUT 50 YEARS 3. SMT GURUSHANTAMMA W/O G S THIPPESWAMY AGED ABOUT 51 YEARS 4. SRI T R BAIRAPPA S/O SANNARUDRAPPA AGED ABOUT 59 YEARS 5. SRI. T N SHANKARAPPA S/O NARAPPA AGED ABOUT 58 YEARS 6. SMT. D M ASHA S/O D.S. SHIVAKUMARA AGED ABOUT 30 YEARS 7. SRI. K G SHRIDAR S/O K B JAYAPPA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5171 WP No. 34965 of 2024 AGED ABOUT 32 YEARS 8. SRI G E MANJUNATHA S/O EERAPPA AGED ABOUT 50 YEARS 9. SRI H K MOHAN KUMAR S/O H KALIVEERAPPA AGED ABOUT 30 YEARS 10. SRI H R DEVARAJ S/O RUDRAPPA AGED ABOUT 32 YEARS 11. SRI G M MOHAN S/O G E MANJAPPA AGED ABOUT 25 YEARS 12. SRI. D M CHIGATERAPPA S/O MALLIKARJUNAPPA AGED ABOUT 42 YEARS 13. SRI K R RAVI S/O RUDRAPPA AGED ABOUT 53 YEARS 14. SRI H V RUDRAPPA S/O VEERABHADRAPPA AGED ABOUT 40 YEARS 15. SRI. G V SHEKARAPPA S/O VEERABHADRAPPA AGED ABOUT 48 YEARS ALL ARE RESIDING AT - 3 - NC: 2025:KHC:5171 WP No. 34965 of 2024 SINGAPURA PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, SINGAPURA, HULLUR (POST), CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 520. …PETITIONERS (BY SRI. KALLESHAPPA K.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPLE SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C. 'A' BLOCK K.H. ROAD, SHANTHINAGARA, BANGALORE - 560 027. 3. THE ELECTION OFFICER FOR FEDERAL CO-OPERATIVE SOCIETIES AND DEPUTY COMMISSIONER, OBAVVA CIRCLE MANIYUR CHITRADURGA - 577 501. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES J.C.R. EXTENSION, CHITRADURGA DISTRICT - 577 501. 5. SINGAPURA HALU UTPADAKARA SAHAKARA SANGHA NIYAMITA SINGARPURA, CHITRADURGA TALUK CHITRADURA DISTRICT - 577 501 REPRESENTED BY ITS SECRETARY/CHIEF EXECUTIVE - 4 - NC: 2025:KHC:5171 WP No. 34965 of 2024 OFFICER (COLLECTING THE MILK FROM FORMERS) REGISTERED UNDR KARNATAKA CO-OP CT. 6. THE RETURNING OFFICER SINGAPURA HALU UTPADKARA SAHAKAA SANGHA NIYAMITA, SINGARPURA, CHITRADURGA TALUK CHITRADURA DISTRICT - 577 501. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 - SERVED, UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LIST OF INELIGIBLE VOTERS LIST PUBLISHED BY THE R-5 OF THE PETITIONERS CONCERNED AND THEREBY DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THEM TO CAST THE VOTES IN THE ELECTION SCHEDULED ON 22.12.2024 VIDE ANNX-A AND B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 Certiorari or any other writ or direction and to quash the impugned list of ineligible - 5 - NC: 2025:KHC:5171 WP No. 34965 of 2024 voters list published by the respondent No.5 of the petitioners concerned and thereby direct the respondents to include the name of the petitioners in the eligible voters list and permit them to cast the votes in the election scheduled on 22.12.2024 vide Annexure-A and B. ii) Issue writ of mandamus or any other with or order directing the respondents to hold elections to respondent No.5 society for period from 2024 to 2029 in accordance with the list of members without insisting for compliance of Section 20(2)(a-iv)(a-v) of Karnataka Co-operative societies Act.." 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 22.12.2024 subject to final outcome of this petition. 3. Heard Sri Kalleshappa K.S., 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. - 6 - NC: 2025:KHC:5171 WP No. 34965 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 22.12.2024 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 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 - 7 - NC: 2025:KHC:5171 WP No. 34965 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 22.12.2024, 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, 1 2022 (4) AKR 775 - 8 - NC: 2025:KHC:5171 WP No. 34965 of 2024 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 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. - 9 - NC: 2025:KHC:5171 WP No. 34965 of 2024 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.: 46 CT: BHK