- 1 - NC: 2025:KHC:6099 WP No. 35145 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. 35145 OF 2024 (CS-EL/M) BETWEEN: 1. SHRIKANTH POMBADY S/O NITYANANDA GOWDA P K AGED ABOUT 36 YEARS MEMBER NO. 1490 2. SOWMYA M S S/O SUBBANNA AGED ABOUT 42 YEARS MEMBER NO. 1042 3. LAKSHMI AMMA A S/O GOPALAKRISHNA BHAT A AGED ABOUT 72 YEARS MEMBER NO. 255 4. M. VENKATAPPA GOWDA S/O THAMMANNA GOWDA AGED ABOUT 75 YEARS MEMBER NO. 282 5. KAMALA G S/O KUSHALAPPA GOWDA G AGED ABOUT 75 YEARS MEMBER NO. 296 6. PARVATHI K S W/O SHIARAMA GOWDA K Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6099 WP No. 35145 of 2024 AGED ABOUT 78 YEARS MEMBER NO. 335 7. SHARADA M C W/O CHENNAPPA GOWDA M AGED ABOUT 75 YEARS MEMBER NO. 353 8. SATYA SUBRAMANYA BHAT A S/O GOPALA KRISHNA BHAT A AGED ABOUT 50 YEARS MEMBER NO. 705 9. MANMOHAN G S S/O SHANKAR NARAYAN AGED ABOUT 55 YEARS MEMBER NO. 707 10. MUTHTHAKYA K L S/O LINGAPPA GOWDA K AGED ABOUT 75 YEARS MEMBER NO. 708 11. JAYAKUMAR KARANGALADKA S/O BELYAPA GOWDA AGED ABOUT 54 YEARS MEMBER NO. 721 12. RAVINDRA H S/O JOMANNA MALE AGED ABOUT 40 YEARS MEMBER NO. 1043 13. HONNAMMA P L W/O LAKSHMANA P K AGED ABOUT 70 YEARS - 3 - NC: 2025:KHC:6099 WP No. 35145 of 2024 MEMBER NO. 1049 14. YUVARAJ M S/O VENKATAPAP GOWDA AGED ABOUT 42 YEARS MEMBER NO. 1101 15. VEDAVATHI B P W/O PURUSHOTHAM B AGED ABOUT 58 YEARS MEMBER NO. 1154 16. SARASWATHI M G W/O GUDDAPPA GOWDA AGED ABOUT 80 YEARS MEMBER NO. 1216 17. RAMESH B S/O HONNAPPA GOWDA AGED ABOUT 50 YEARS MEMBER NO. 1232 18. PARVATHI B M S/O MEDAPPA GOWDA B S AGED ABOUT 75 YEARS MEMBER NO. 1349 19. UTHPAL U J S/O JAYAPRAKASH U P AGED ABOUT 45 YEARS MEMBER NO.1396 20. SURYA PRAKASH S/O THIMMAPPA GOWDA AGED ABOUT 50 YEARS MEMBER NO. 1183 - 4 - NC: 2025:KHC:6099 WP No. 35145 of 2024 21. SOWMYA M T S/O THORAPAP GOWDA M AGED ABOUT 39 YEARS MEMBER NO. 1546 22. NEMICHANDRA M S/O RUKKAIAH GOWDA AGED ABOUT 58 YEARS MEMBER NO. 945 23. THORAPPA M S/O VENKATAPA GOWDA AGED ABOUT 48 YEARS MEMBER NO.1195 24. VIJETH M V S/O VIJAY KUMAR M D AGED ABOUT 36 YEARS MEMBER NO. 1223 25. SHOBHA M V S/O VENKATARAMANA M AGED ABOUT 52 YEARS MEMBER NO.1230 26. NAMITHA M K S/O KESHAVA M AGED ABOUT 42 YEARS MEMBER NO. 1295 27. SHUBHA M S S/O NEMICHANDRA M AGED ABOUT 51 YEARS MEMBER NO.1323 - 5 - NC: 2025:KHC:6099 WP No. 35145 of 2024 28. REGI JOHNSON S/O JOHNSON K M AGED ABOUT 68 YEARS MEMBER NO.1363 29. JOHN JOHNSON K M AGED ABOUT 67 YEARS MEMBER NO. 1366 30. YATHISH G S/O MADHAVA GOWDA AGED ABOUT 38 YEARS MEMBER NO. 1398 31. MAHESH M C S/O CHINNAPPA GOWDA M B AGED ABOUT 48 YEARS MEMBER NO. 1476 32. NIRANJANA M D S/O DUGGANAN GOWDA M AGED ABOUT 60 YEARS MEMBER NO. 1024 33. RADHAKRISHNA M S/O SOMAPA GOWDA AGED ABOUT 70 YEARS MEMBER NO. 1510 34. SUSHEELA M W/O ANANDA M AGED ABOUT 65 YEARS MEMBER NO. 1531 35. POOVAMMA K S/O GUDDAPA GOWDA - 6 - NC: 2025:KHC:6099 WP No. 35145 of 2024 AGED ABOUT 78 YEARS MEMBER NO. 1511 36. NAGAVENI M W/O VENKATGAPAP M AGED ABOUT 76 YEARS MEMBER NO. 696 37. PUSHPAVATHI M W/O BHAVANI SHANKAR M AGED ABOUT52 YEARS MEMBER NO. 1187 ALL ARE MEMBERS OF MADAPPADI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 MADAPPADI, SULYA TALUK D.K. DISTRICT - 574 218. …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3D FLOOR , TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. - 7 - NC: 2025:KHC:6099 WP No. 35145 of 2024 3. MADAPPADI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 MADAPPADI, SULYA TALUK, D K DISTRICT - 574 218, REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER MADAPPADI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MADAPPADI, SULYA TALUK, D.K. DISTRICT - 574 218. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R3 - SERVED, UNREPRESENTED) THIS WP 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 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 29.12.2024 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 - 8 - NC: 2025:KHC:6099 WP No. 35145 of 2024 ORAL ORDER The petitioners are seeking for the following prayer:- "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 29.12.2024." 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 29.12.2024 subject to final outcome of this petition. 3. Heard Sri Rakshith Kumar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for 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. - 9 - NC: 2025:KHC:6099 WP No. 35145 of 2024 5. Counsel for the petitioners submits that the election has been held as scheduled on 29.12.2024 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 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. 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:6099 WP No. 35145 of 2024 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 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 - 11 - NC: 2025:KHC:6099 WP No. 35145 of 2024 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. - 12 - NC: 2025:KHC:6099 WP No. 35145 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.: 50 CT: BHK