- 1 - NC: 2025:KHC:5170 WP No. 35023 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. 35023 OF 2024 (CS-EL/M) BETWEEN: 1. ABBAS B S/O PDIYABBA AGED ABOUT 53 YEARS, MEMBER NO. A02306 2. JOHNSON S/O YESUDAS AGED ABOUT 43 YEARS MEMBER NO. A02569 3. REVATHI. K. K. W/O YUVARAJ AGED ABOUT 38 YEARS MEMBER NO. A02555 4. IBRAHIM. H. M. S/O ABDUL KHADER AGED ABOUT 56 YEARS MEMBER NO. AO2654 5. NAVEEN KUMAR. G. M S/O SHIVARAM AGED ABOUT 38 YEARS MEMBER NO. A02611 6. LISI JOSE. T. T. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5170 WP No. 35023 of 2024 S/O JOSE.T.T AGED ABOUT 54 YEARS MEMBER NO. A01829 7. FOUSIA W/O SULAIMAN.H.A. AGED ABOUT 32 YEARS MEMBER NO. A01845 8. ABDUL. S. M. S/O MOOSAN. S. M. AGED ABOUT 56 YEARS MEMBER NO. A01885 9. LAKSHMAN. K. C. S/O CHINNAPPA AGED ABOUT 71 YEARS MEMBER NO. A01910 10. NAVEEN D SOUZA S/O KARNAL D SOUZA AGED ABOUT 34 YEARS MEMBER NO. A01944 11. NEBISA W/O IBRAHIM AGED ABOUT 53 YEARS MEMBER NO. A01962 12. FATHIMA K.A W/O MOHAMMED.S. AGED ABOUT 50 YEARS MEMBER NO. A01990 13. USMAN B.K. S/O MOHAMMED KUNJNI - 3 - NC: 2025:KHC:5170 WP No. 35023 of 2024 AGED ABOUT 54 YEARS MEMBER NO. A02018 14. JABBEER.M.P S/O IBRAHIM KUTTI HAJI. K.T AGED ABOUT 59 YEARS MEMBER NO. A02164 15. NEBISA W/O AJEEZ AGED ABOUT 43 YEARS MEMBER NO. AO2208 16. VIJAY.N.BHAT W/O NARAYANA.BHAT.K.S. AGED ABOUT 54 YEARS MEMBER NO. A02219 17. RAJASHEKAR.G.K S/O KUMAR.K. AGED ABOUT 53 YEARS MEMBER NO. A02157 18. RAVI.R.M. S/O MAYILA AGED ABOUT 34 YEARS MEMBER NO. A02771 19. ABBUBAKAR SIDDIQUE S/O B. MOHAMMED AGED ABOUT 34 YEARS MEMBER NO. A02970 20. KABEER.K. S/O KUNJNI MOHAMMED AGED ABOUT 39 YEARS - 4 - NC: 2025:KHC:5170 WP No. 35023 of 2024 MEMBER NO. A02890 21. SAVITHRI.T.K. W/O T.K.KESHAVA AGED ABOUT 57 YEARS MEMBER NO. A03061 22. SHUBHALAKSHMI.N.H. D/O HIRANYA.N.B. AGED ABOUT 37 YEARS MEMBER NO. A03088 23. PURUSHOTHAM.M. S/O LINGAPPA GOWDA AGED ABOUT 54 YEARS MEMBER NO. A03090 24. NEBISA.C.M. S/O C.A.MOHIDU AGED ABOUT 49 YEARS MEMBER NO. A03146 25. MOHAMMED HANEEF. M. S/O IBRAHIM AGED ABOUT 39 YEARS MEMBER NO. A03164 26. VERONICA D SOUZA W/O HENRY GODWIN CRASTHA AGED ABOUT 33 YEARS MEMBER NO. A03165 27. BHUMA DEVI W/O CHANDRA.K. AGED ABOUT 49 YEARS MEMBER NO. A03180 - 5 - NC: 2025:KHC:5170 WP No. 35023 of 2024 28. CHANDRAN.K. S/O KANNI KOUDAR AGED ABOUT 57 YEARS MEMBER NO. A03181 29. MANOHAR.M. S/O MARIMUTTU.M. AGED ABOUT 32 YEARS MEMBER NO. A03211 30. TRESIYAMMA QUARDERS W/O RONALD FRANCIS QUARDERS AGED ABOUT 53 YEARS MEMBER NO. A03239 31. KRISHNA KUMAR.M. S/O MUGENDRAN AGED ABOUT 36 YEARS MEMBER NO. A03265 32. LAKSHMI AMMA.A.S W/O SHYAM BHAT.A. AGED ABOUT 74 YEARS MEMBER NO. A03306 33. RUKAY.G.M. W/O ABDUL REHMAN AGED ABOUT 31 YEARS MEMBER NO. A03340 34. KAMALUDDIN.K.A. S/O LATE ABDULLA.K.B. AGED ABOUT 28 YEARS MEMBER NO. A03357 - 6 - NC: 2025:KHC:5170 WP No. 35023 of 2024 35. PUSHPAVATHI.K. W/O RAMANNA AGED ABOUT 76 YEARS MEMBER NO. A02312 36. KUMIMMARAJU RAJU W/O E.PRAJU AGED ABOUT 57 YEARS MEMBER NO. A02365 37. BINDU K A W/O APPA KUMMI AGED ABOUT 36 YEARS MEMBER NO. A02381 38. GIRIJA.M. W/O NARAYANA. K. AGED ABOUT 32 YEARS MEMBER NO. A02409 39. MARIYAMMA.T.B. W/O HANEEF.P.B. AGED ABOUT 53 YEARS MEMBER NO. A02430 40. ASHRAFA.P.A. S/O ANDRU.P. AGED ABOUT 31 YEARS MEMBER NO. A02460 41. VEERAMMA.K.R. W/O RAMAKRISHNA GOWDA.K. AGED ABOUT 76 YEARS MEMBER NO. A00698 - 7 - NC: 2025:KHC:5170 WP No. 35023 of 2024 42. UMAER. T.M. S/O MOHIDU KUM E AGED ABOUT 54 YEARS MEMBER NO. A00751 43. EASHWARA.P.H. S/O HONNAPPA.P. AGED ABOUT 74 YEARS MEMBER NO. A00110 44. HASAINAR.S. S/O BEERAN.K.S. AGED ABOUT 58 YEARS MEMBER NO. A00762 45. ABDUL REHAMAN.S.P. S/O PALLIKUM E.S. AGED ABOUT 58 YEARS MEMBER NO. A00634 46. GOVINDASWAMY.P S/O PARADESHI AGED ABOUT 71 YEARS MEMBER NO. A00799 47. ABDUL JAFFAR.T.M. S/O MOIDDIN KUNJNI. T. AGED ABOUT 48 YEARS MEMBER NO. A00880 48. JERALD VICTOR D SOUZA S/O ALEX D SOUZA AGED ABOUT 59 YEARS MEMBER NO. A00883 - 8 - NC: 2025:KHC:5170 WP No. 35023 of 2024 49. SUKUMARAN.S S/O SHIVARAM AGED ABOUT 60 YEARS MEMBER NO. A00943 50. ISUBU.S.A. S/O ABDULLA.S. AGED ABOUT 54 YEARS MEMBER NO. A00973 51. CHANDRAKUMAR.K.R. S/O RAMANNA.K.S. AGED ABOUT 56 YEARS MEMBER NO. A01074 52. GANAPATHI POOJARI S/O AITHAPPA AGED ABOUT 65 YEARS MEMBER NO. A01099 53. LATHEEF.S.P. S/O PALLIKUM E.S. AGED ABOUT 67 YEARS MEMBER NO. A01105 54. KUSUMAVATHI.M. W/O MADHAVA.D.A. AGED ABOUT 59 YEARS MEMBER NO. 1114 55. MANGALA.K. W/O MADHAVA AGED ABOUT 52 YEARS MEMBER NO. A01283 - 9 - NC: 2025:KHC:5170 WP No. 35023 of 2024 56. MUSAN HAJI.T.M. S/O MOHAMMED HAJI.T. AGED ABOUT 76 YEARS MEMBER NO. A01362 57. RATHNAVATHI.K.H W/O URUSHOTHAM.S.K. AGED ABOUT 48 YEARS MEMBER NO. A01409 58. BHATYA HARIJANA.G. S/O HUKRA HARIJANA AGED ABOUT 56 YEARS MEMBER NO. A01504 59. DHANALAKSHMI W/O JAYAKANTHA AGED ABOUT 47 YEARS MEMBER NO. A01588 60. CHOMU.K. W/O KORAGA AGED ABOUT 73 YEARS MEMBER NO. A01628 61. BOUTIS D SOUZA S/O JULIYANA D SOUZA AGED ABOUT 55 YEARS MEMBER NO. A01633 62. ANNALAKSHMI.R. W/O BALASUBRAMANYAM.N. AGED ABOUT 58 YEARS MEMBER NO. A01679 - 10 - NC: 2025:KHC:5170 WP No. 35023 of 2024 63. SELLAMMA W/O MARIMUTTHU.S. AGED ABOUT 63 YEARS MEMBER NO. A01701 64. SHAKEENA W/O ABDULLA .G.M. AGED ABOUT 29 YEARS MEMBER NO. A03560 65. ASHA M K W/O VINAY KUMAR AGED ABOUT 31 YEARS MEMBER NO. A03586 66. LEELAVATHI.P W/O UDAY KUMAR AGED ABOUT 52 YEARS MEMBER NO. A01722 67. PAILI.A.J. S/O JONE.P.J. AGED ABOUT 53 YEARS MEMBER NO. A01800 68. BALASUBRAMANYA.S. S/O SUBRAMANYA.P. AGED ABOUT 36 YEARS MEMBER NO. A01771 69. MOHAMMED ELIYAS S/O ABDUL JABBAR AGED ABOUT 46 YEARS MEMBER NO. A03427 - 11 - NC: 2025:KHC:5170 WP No. 35023 of 2024 70. SAIMAN KUTTINA S/O JOSEPH KUTTINA AGED ABOUT 54 YEARS MEMBER NO. A03489 71. BHUSHRA.D.M. W/O SHAFFI AGED ABOUT 31 YEARS MEMBER NO. A03492 72. PUSHPAVATHI.B. W/O CHINNAPPA AGED ABOUT 55 YEARS MEMBER NO. A03556 73. SHRAVYA B C D/O CHANDRASHEKAR.B.K. AGED ABOUT 22 YEARS MEMBER NO. A03618 74. MARY.A.V. W/O ABRAHAM.K.P. AGED ABOUT 29 YEARS MEMBER NO. A03620 75. RANJITH.A.S. S/O SHESHAPPA.A. AGED ABOUT 26 YEARS MEMBER NO. A03648 76. FLOUMINA BHANU.K.J. S/O JABBAR.B. AGED ABOUT 27 YEARS MEMBER NO. A02732 - 12 - NC: 2025:KHC:5170 WP No. 35023 of 2024 77. ABDUL MIRSHAD.K.M. S/O MOHAMMED ALI. K.E. AGED ABOUT 24 YEARS MEMBER NO. A02757 78. ZAKHIR HUSSAIN. PK. S/O ABDUL KHADER AGED ABOUT 38 YEARS MEMBER NO. A02774 79. LOHITH. K.L. S/O K.R.LOKANATH AGED ABOUT 34 YEARS MEMBER NO. A02811 80. ABDUL MUNEER.K.J. S/O JABBAR AGED ABOUT 38 YEARS MEMBER NO. A02865 81. RUKIYA W/O A.H.HASAINAR AGED ABOUT 49 YEARS MEMBER NO. A02899 82. ELIZA D SOUZA W/O JERALD D SOUZA AGED ABOUT 52 YEARS MEMBER NO. A02901 83. SAFIA W/O ABDUL REHMAN AGED ABOUT 32 YEARS MEMBER NO. A02935 - 13 - NC: 2025:KHC:5170 WP No. 35023 of 2024 84. ABDUL KHADAR.S.M. S/O MAMMU AGED ABOUT 54 YEARS MEMBER NO. A02979 85. DHANALAKSHMI.K.S. W/O K.S.SUBRAMANYA AGED ABOUT 30 YEARS MEMBER NO. A03011 86. MOHAMMED ASHRAF S/O A.M.IBRAHIM AGED ABOUT 26 YEARS MEMBER NO. A03052 ALL ARE MEMBERS OF SAMPAJE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. SAMPAJE, SULYA TALUK D.K DISTRICT-57423 …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. - 14 - NC: 2025:KHC:5170 WP No. 35023 of 2024 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. SAMPAJE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. SAMPAJE, SULYA TALUK D.K DISTRICT-574234. REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, SAMPAJE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., SAMPAJE, SULYA TALUK D.K DISTRICT-574234. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R2 - SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227OF THE CONSTITITUION OF INDIA PRAYING TO DIRECT 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 - 15 - NC: 2025:KHC:5170 WP No. 35023 of 2024 UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 23.12.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING '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:- "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 23.12.2024. " 2. This Court by way of an interim arrangement on 20.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 23.12.2024 subject to final outcome of this petition. 3. Heard Sri Rakshith Kumar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for - 16 - NC: 2025:KHC:5170 WP No. 35023 of 2024 respondent Nos.1 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.3 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 23.12.2024 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 - 17 - NC: 2025:KHC:5170 WP No. 35023 of 2024 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 was scheduled on 23.12.2024, if not already announced. 1 2022 (4) AKR 775 - 18 - NC: 2025:KHC:5170 WP No. 35023 of 2024 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 shall also be taken into account before passing the final orders. - 19 - NC: 2025:KHC:5170 WP No. 35023 of 2024 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.: 47