- 1 - NC: 2025:KHC:5110 WP No. 34972 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. 34972 OF 2024 (CS-EL/M) BETWEEN: 1. MANIKANTAN G S/O GANESHAN AGED ABOUT 44 YEARS MEMBER NO. 2794 2. LEELA.P W/O SHESHAPPA NAIDU AGED ABOUT 42 YEARS MEMBER NO. 2843 3. PUSHPAVATHI.K. W/O KRISHNAPPA.K. AGED ABOUT 60 YEARS MEMBER NO. 2849 4. JAYAPRAKASH.P. S/O GIRIDHAR GOWDA AGED ABOUT 43 YEARS MEMBER NO. 2413 5. RAMAPPA GOWDA.K. S/O SANTHAPPA GOWDA AGED ABOUT 60 YEARS MEMBER NO. 2562 6. SEENA S/O PUTRA AGED ABOUT 62 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5110 WP No. 34972 of 2024 MEMBER NO. 2576 7. SHANKARA.K. S/O CHAMBRA AGED ABOUT 55 YEARS MEMBER NO. 2580 8. KUNJIRA S/O DODDA THIPPA AGED ABOUT 59 YEARS MEMBER NO. 2584 9. PRAVEENA.K. S/O FAKIRA AGED ABOUT 30 YEARS MEMBER NO. 2586 10. NARAYANA.K. S/O CHOMU AGED ABOUT 42 YEARS MEMBER NO. 2588 11. VANITHA.B. W/O UMESH. B. AGED ABOUT 38 YEARS MEMBER NO. 2678 12. KAMALA.J. W/O CHIDANANDA GOWDA.J. AGED ABOUT 60 YEARS MEMBER NO. 2682 13. PRADEEP.J.V. S/O VENKAPPA GOWDA.J.T. AGED ABOUT 30 YEARS MEMBER NO. 2692 - 3 - NC: 2025:KHC:5110 WP No. 34972 of 2024 14. PREMA.R. D/O RADHAKRISHNA AGED ABOUT 37 YEARS MEMBER NO. 2718 15. PAPATHI.P. S/O SRIDHARA.A. AGED ABOUT 40 YEARS MEMBER NO.2719 16. SHANKAR.P. S/O SUBBA PATALI AGED ABOUT 48 YEARS MEMBER NO. 2731 17. DEVADAS.N. S/O RAMANNA GOWDA AGED ABOUT 54 YEARS MEMBER NO. 2735 18. KUSHALA.K. S/O KUM-E AGED ABOUT 35 YEARS. MEMBER NO. 2738 19. DAMODARA GOWDA.K S/O HARIYAPPA GOWDA AGED ABOUT 60 YEARS MEMBER NO. 1994 20. CHOMA.K. S/O GURUVA AGED ABOUT 60 YEARS MEMBER NO. 2740 - 4 - NC: 2025:KHC:5110 WP No. 34972 of 2024 21. SUMA.M.S W/O SRIDHAR GOWDA.M. AGED ABOUT 60 YEARS MEMBER NO. 2783 22. MADURA.A.R. W/O RAKSHITH.A.J. AGED ABOUT 31 YEARS MEMBER NO. 2792 23. DAYAMANI.C.D. W/O DUGGAPPA GOWDA.C.H. AGED ABOUT 45 YEARS MEMBER NO. 2384 24. PRASANNA.P. S/O HOOVAIAH.C.H. AGED ABOUT 32 YEARS MEMBER NO. 2410 25. SARASWATHI W/O CHANNIYAPPA.K. AGED ABOUT 45 YEARS MEMBER NO. 2421 26. ANITHA NAGESH W/O NAGESH.K. AGED ABOUT 40 YEARS MEMBER NO. 2425 27. RAGHAVENDRA.B.G. S/O GANESH BHAT AGED ABOUT 38 YEARS MEMBER NO. 2437 - 5 - NC: 2025:KHC:5110 WP No. 34972 of 2024 28. THIMMAPPA GOWDA.M. S/O NEMANNA GOWDA AGED ABOUT 55 YEARS MEMBER NO. 2446 29. SHIVAPRASAD.D. S/O KORAGAPPA GOWDA AGED ABOUT 38 YEARS MEMBER NO. 2459 30. NARAYAN.N. S/O RAMANNA GOWDA AGED ABOUT 45 YEARS MEMBER NO. 2480 31. HONNAPPA GOWDA.A. S/O PARAMESHWAR GOWDA AGED ABOUT 55 YEARS MEMBER NO. 2487 32. RAKSHITH.A.J. S/O JANARDHAN GOWDA.A. AGED ABOUT 34 YEARS MEMBER NO. 2500 33. VINAY KUMAR.K. S/O PUTTANNA GOWDA AGED ABOUT 40 YEARS MEMBER NO. 2504 34. PADMAVATHI.S. W/O NARAYANA GOWDA.S. AGED ABOUT 42 YEARS MEMBER NO. 2510 - 6 - NC: 2025:KHC:5110 WP No. 34972 of 2024 35. HARINAKSHI.C.K. S/O LOKESH.C.H. AGED ABOUT 45 YEARS MEMBER NO. 2530 36. SANJEEVA.K S/O DODDA THIPPA AGED ABOUT 38 YEARS MEMBER NO. 2573 37. RAVIKUMAR.S. S/O SIKKAN.R. AGED ABOUT 35 YEARS MEMBER NO. 2535 38. SHOBHA.L. W/O DHARMAPAL. L. AGED ABOUT 45 YEARS MEMBER NO. 2259 39. MURUGAMMA. J. W/O JAYASHANKAR.J. AGED ABOUT 45 YEARS MEMBER NO. 2541 40. USHAKUMAR.S. S/O LAKSHMAN NAIDU AGED ABOUT 50 YEARS MEMBER NO. 2179 41. PUSHPAVATHI .S. W/O LAKSHMANA NAIK.S. AGED ABOUT 47 YEARS MEMBER NO. 2181 - 7 - NC: 2025:KHC:5110 WP No. 34972 of 2024 42. VASANTHI.K. W/O VASANTH.K. AGED ABOUT 36 YEARS MEMBER NO. 2186 43. YOGISH RAO.U. S/O SHIVARAM RAO.M. AGED ABOUT 65 YEARS MEMBER NO. 2192 44. DINESH. L. S/O SEENAPPA BHANDARI.L. AGED ABOUT 40 YEARS MEMBER NO. 2213 45. SUDESH.C.B. S/O BALAKRISHNA GOWDA.C.M. AGED ABOUT 47 YEARS MEMBER NO. 2218 46. VASUDEVA GOWDA.K. S/O CHANNAPPA GOWDA.K. AGED ABOUT 43 YEARS MEMBER NO. 2224 47. SUHASINI.K.J. W/O JANARDHAN GOWDA.K.S. AGED ABOUT 49 YEARS MEMBER NO. 2226 48. KAMALA. A. W/O RUKKAIAH GOWDA.A. AGED ABOUT 50 YEARS MEMBER NO. 2242 - 8 - NC: 2025:KHC:5110 WP No. 34972 of 2024 49. JAYASHEELA.P.B. S/O BALACHANDRA GOWDA.P. AGED ABOUT 45 YEARS MEMBER NO. 2245 50. LALITHA M W/O HONNAPPA GOWDA.M. AGED ABOUT 49 YEARS MEMBER NO. 2266 51. ANITHA.K. W/O GANGADHAR.B. AGED ABOUT 40 YEARS MEMBER NO. 2312 52. JANAKI.A. W/O KARUNAKARA GOWDA.A. AGED ABOUT 39 YEARS MEMBER NO. 2318 53. SARASWATHI.K. W/O PARAMAESHARA NAIK.K. AGED ABOUT 47 YEARS MEMBER NO. 2330 54. MEENAKSHI DERAJE W/O SATHYAN DERAJE AGED ABOUT 53 YEARS MEMBER NO. 2376 55. MANOJ KUMAR.M.K. S/O KESHAVA.M.S. AGED ABOUT 48 YEARS MEMBER NO. 1862 - 9 - NC: 2025:KHC:5110 WP No. 34972 of 2024 56. SHANTHAMANI.A. W/O PERIYASWAMY AGED ABOUT 60 YEARS MEMBER NO. 1878 57. PUSHPAVATHI. K W/O LINGAPPA GOWDA AGED ABOUT 65 YEARS. MEMBER NO. 1956 58. JANARDHANA GOWDA.M. S/O KOOSAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO. 2055 59. SAROJINI K C W/O CHANNAPPA GOWDA.K.S. AGED ABOUT 45 YEARS MEMBER NO. 2104 60. BHAVANI.K. W/O RAMAPPA GOWDA.K. AGED ABOUT 52 YEARS MEMBER NO. 2155 61. SELVARAJ.S. S/O SHIVAN A AGED ABOUT 62 YEARS MEMBER NO. 1383 62. JAYASHANKAR. J S/O GOVINDAN AGED ABOUT 55 YEARS MEMBER NO. 2334 - 10 - NC: 2025:KHC:5110 WP No. 34972 of 2024 63. SUMA.K.S. S/O HONNNAPPA GOWDA AGED ABOUT 50 YEARS MEMBER NO. 2757 64. RAMESH.S. S/O SIKKAN AGED ABOUT 38 YEARS MEMBER NO. 2609 65. LEELAVATHI.K. W/O RAJU POOJARI AGED ABOUT 42 YEARS MEMBER NO. 2124 66. JAYARAMA GOWDA.A. S/O VENKAPPA GOWDA.A. AGED ABOUT 52 YEARS MEMBER NO. 1966 67. GIRISHA.K. S/O VASAPPA GOWDA AGED ABOUT 48 YEARS MEMBER NO. 2041 68. MANOHARA.N. S/O RAMANNA MULYA AGED ABOUT 42 YEARS MEMBER NO. 2042 69. PARAMESHWARI.B.G. W/O GANESH.B. AGED ABOUT 52 YEARS MEMBER NO. 2051 - 11 - NC: 2025:KHC:5110 WP No. 34972 of 2024 70. HARISH RAO.U. S/O SHIVARAM RAO.U. AGED ABOUT 44 YEARS MEMBER NO. 2053 71. HARINAKASHI.K. W/O MOHANDAS.K. AGED ABOUT 47 YEARS MEMBER NO. 2172 72. YAMUNA.A. S/O PUTTANNA GOWDA AGED ABOUT 70 YEARS MEMBER NO. 1473 73. KUMARA.M. W/O MARIMUTHU AGED ABOUT 50 YEARS MEMBER NO. 1487 74. PADMAIAH GOWDA.A. S/O RAMAKRISHNA GOWDA AGED ABOUT 60 YEARS MEMBER NO. 1552 75. GIRIDHARA.GOWDA.K. S/O NAGAPPA GOWDA AGED ABOUT 65 YEARS MEMBER NO. 1026 76. RAMANA GOWDA.B. S/O HONNAPPA GOWDA AGED ABOUT 75 YEARS MEMBER NO. 761 - 12 - NC: 2025:KHC:5110 WP No. 34972 of 2024 77. KORAGAPPA GOWDA.P. S/O ANNAPPA GOWDA.P. AGED ABOUT 70 YEARS MEMBER NO. 834 78. DHARMAPALA.M.S. S/O SHESHAPPA GOWDA AGED ABOUT 62 YEARS MEMBER NO. 933 79. KUSHALAPPA GOWDA.A S/O ANTHAPPA GOWDA AGED ABOUT 73 YEARS MEMBER NO. 998 80. GOVINDA BHAT. B S/O NARASIMHA BHAT AGED ABOUT 70 YEARS MEMBER NO. 1001 81. SUDHAKAR GOWDA.K. S/O YELLANNA GOWDA AGED ABOUT 67 YEARS MEMBER NO. 1037 82. SUBRAMANYA.K. S/O KRISHNAPPA GOWDA AGED ABOUT 65 YEARS MEMBER NO. 1130 83. RUKMAYYA GOWDA.A. S/O CHENNAPPA GOWDA AGED ABOUT 75 YEARS MEMBER NO. 1200 - 13 - NC: 2025:KHC:5110 WP No. 34972 of 2024 84. VEERAPPA GOWDA.J. S/O LINGAPPA GOWDA AGED ABOUT 74 YEARS MEMBER NO. 1221 85. HONNAPPA GOWDA.K. S/O SEENAPPA GOWDA AGED ABOUT 60 YEARS MEMBER NO. 1252 86. PUTTANNA GOWDA.K. S/O BABU GOWDA.K. AGED ABOUT 78 YEARS MEMBER NO. 1275 87. RAMAKRISHNA BHAT.K. 5/O RAMACHANDRA BHAT AGED ABOUT 62 YEARS MEMBER NO. 1276 88. RAMAKKA.K. W/O RAJU POOJARI AGED ABOUT 62 YEARS MEMBER NO. 1386 89. MANGALA GOWRI. P. W/O BALASUBRAMAYA BHAT AGED ABOUT 66 YEARS MEMBER NO. 1464 90. GOPALA KRISHNA GOWDA.K. S/O BALAPPA GOWDA AGED ABOUT 65 YEARS MEMBER NO. 1599 - 14 - NC: 2025:KHC:5110 WP No. 34972 of 2024 91. VEERANATHAN.M S/O MARIMUTHU.V. AGED ABOUT 48 YEARS MEMBER NO. 1720 92. VENKATESH PRASANNA P K S/O KRISHNA BHAT.P.V. AGED ABOUT 48 YEARS MEMBER NO. 1749 93. MEENAKSHI.K. W/O NAGAPPA GOWDA AGED ABOUT 45 YEARS MEMBER NO. 1804 94. PUSHPALATHA W/O ACHYUTHA MANIYANI AGED ABOUT 45 YEARS MEMBER NO. 2853 95. VEERAMMA.J. W/O CHANNAPPA GOWDA AGED ABOUT 50 YEARS MEMBER NO. 2855 96. VIDHYALAKSHMI.S.N. W/O LOKESH AGED ABOUT 54 YEARS MEMBER NO. 2873 97. KAMALAKSHI W/O PADMANABHA GOWDA AGED ABOUT 49 YEARS MEMBER NO. 2881 - 15 - NC: 2025:KHC:5110 WP No. 34972 of 2024 98. BHARATH.R. S/O RAMANATHAN.S. AGED ABOUT 32 YEARS MEMBER NO. 2896 99. CHARITH KUMAR.S S/O NARAYAN GOWDA.S. AGED ABOUT 33 YEARS MEMBER NO. 2901 100. JAGADEESH.P. S/O KORAGAPPA GOWDA.P. AGED ABOUT 40 YEARS MEMBER NO. 2930 101. DEVAKI.K. W/O JANARDHAN GOWDA.K. AGED ABOUT 57 YEARS MEMBER NO. 2934 102. JAYANTHI.D. W/O SHIVARAM GOWDA.D. AGED ABOUT 48 YEARS MEMBER NO. 2935 103. SHAMBHAVI.U.B. W/O KARUNAKAR GOWDA.M. AGED ABOUT 52 YEARS MEMBER NO. 2959 104. SHARATH KUMAR.K.L. W/O LAKSHMAN GOWDA M AGED ABOUT 28 YEARS MEMBER NO. 2975 - 16 - NC: 2025:KHC:5110 WP No. 34972 of 2024 105. KISHAN KUMAR.P. S/O SHANKAR PATALI AGED ABOUT 32 YEARS MEMBER NO. 2978 106. BINDHYA.K. W/O RADHA KRISHNA.K. AGED ABOUT 31 YEARS MEMBER NO. 2980 107. USHA.B. W/O MOHAN.K. AGED ABOUT 45 YEARS MEMBER NO. 2991 108. ASHWATH.K.J S/O JANARDHAN GOWDA.K. AGED ABOUT 26 YEARS MEMBER NO. 2998 ALL ARE MEMBERS OF AIVARNADU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. AIVARNADU POST, SULYA TALUK D.K DISTRICT-574248 …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) - 17 - NC: 2025:KHC:5110 WP No. 34972 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY 3. AIVARNADU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. AIVARNADU, SULYA TALUK D.K DISTRICT-574248. REPRESENTED BY ITS CEO 4. THE RETURNING OFFICER, AIVARNADU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., AIVARNADU, SULYA TALUK D.K DISTRICT-574248. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) - 18 - NC: 2025:KHC:5110 WP No. 34972 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AT ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 22.12.2024. 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 Respondents to include the names of these petitioners in the final eligible voters list and permit the petitioners to cast their votes in the upcoming elections of the Respondent No.3 Society which is scheduled to be held on 22.12.2024. 2. This Court by way of an interim arrangement on 19.12.2024 permitted the petitioners to cast their votes in - 19 - NC: 2025:KHC:5110 WP No. 34972 of 2024 the ensuing election scheduled on 22.12.2024 subject to final outcome of this petition. 3. Heard Sri Rakshith Kumar, learned counsel for the petitioners, Sri Siddharth Babu Rao, learned AGA for respondent Nos.1 and 4 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 22.12.2024 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 should be treated as eligible voters and their votes to be counted as valid votes. - 20 - NC: 2025:KHC:5110 WP No. 34972 of 2024 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. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which 1 2022 (4) AKR 775 - 21 - NC: 2025:KHC:5110 WP No. 34972 of 2024 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, 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 - 22 - NC: 2025:KHC:5110 WP No. 34972 of 2024 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.: 15