- 1 - NC: 2025:KHC:14528 WP No. 35230 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35230 OF 2024 (CS-EL/M) BETWEEN: 1. LAKSHMINARAYANA H S, S/O SRINIVASMURTHY, AGED ABOUT 58 YEARS, HERAMBAPURA, MAKKIMANE, THIRTHAHALLI TALUK, SHIMOGA - 577 415, SHARE NO. 22014125. 2. VENKATESHA, S/O KRISHNACHAR, AGED ABOUT 55 YEARS, THENGINASARA, KOLGAR, BELLANGI, MAKKIMANE, THIRTHAHALLI TALUK, SHIMOGA - 577 415, SHARE NO. 2201106. 3. SUMITHRA CHANDRAN W/O UMESH CHANDRAN, AGED ABOUT 68 YEARS, KIRANKERE VILLAGE, MAKKIMANE, THIRTHAHALLI TALUK, SHIMOGA - 577 415, SHARE NO. 2201125 …PETITIONERS (BY SRI. GIREESHA KODGI, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14528 WP No. 35230 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 01, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 27, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER, OFF: NEAR ZILLAPANCHAYATH, OPP: FIRE STATION, K.M.ROAD, JYOTHINAGARA, CHICKMAGALURU - 577 102. 4. RETURNING OFFICER APPOINTED FOR HERAMBAPURA PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, MAKKIMANE, THIRTHAHALLI TQ, SHIMOGGA DISTRICT - 577 432. 5. HERAMBAPURA PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, MAKKIMANE, THIRTHAHALLI TQ, SHIMOGGA DISTRICT - 577 432, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R2, R3 AND R4 - SERVED) - 3 - NC: 2025:KHC:14528 WP No. 35230 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST FOR THE YEAR 2024-25 AS PER ANNX- B AND PERMIT THE PETITIONER TO CASE THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULE 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 MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - NC: 2025:KHC:14528 WP No. 35230 of 2024 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 petitioners. 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: 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 - 5 - NC: 2025:KHC:14528 WP No. 35230 of 2024 account the votes cast by the petitioners in the 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 votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SS List No.: 1 Sl No.: 58 CT: BHK