- 1 - NC: 2025:KHC:15206 WP No. 35229 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35229 OF 2024 (CS-EL/M) BETWEEN: KASTURI DHANANJAYA T D S/O. LATE DODDAIAH, AGED ABOUT 53 YEARS, R/AT NO. 23, SRI. LAKSHMI VENKATESHWARA NILAYA, RAMA MANDIRA ROAD, KAVERI NAGAR, KATHRIGUPPE, BENGALURU -560 085. …PETITIONER (BY SRI. SANTHOSH KUMAR M.B., 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 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO. 3, PAMPAMAHAKAVI ROAD, CHAMARAJAPET, BENGALURU-560018, REP. BY ITS CHIEF EXECUTIVE. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15206 WP No. 35229 of 2024 4. THE RETURNING OFFICER THE BANGALORE CITY CO-OPERATIVE BANK LTD., BENGALURU-560 018 AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, II DIVISION, BENGALURU URBAN DISTRICT, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; R2 TO R4 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-3 AND 4 TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST OF THE UPCOMING ELECTIONS TO R-3 BANK WHICH IS SCHEDULED TO BE HELD ON 05.01.2025 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of interim order had permitted the petitioner who is declared to be ineligible voter to cast his vote in the elections of the Bank, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. - 3 - NC: 2025:KHC:15206 WP No. 35229 of 2024 2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioner. 3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. 4. In that view of the matter, I pass the following: 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:15206 WP No. 35229 of 2024 ORDER i) The Writ Petition is disposed of. ii) The Returning Officer in the above matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the vote cast by the petitioner in the above matter. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv) The vote cast by the petitioner which had been directed to be kept in separate box shall continue to be retained in a separate box until - 5 - NC: 2025:KHC:15206 WP No. 35229 of 2024 the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 28