- 1 - NC: 2025:KHC:14524 WP No. 35442 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. 35442 OF 2024 (CS-EL/M) BETWEEN: 1. MAHABALAYYA S/O GANESH MURTHY AGED ABOUT 42 YEARS MEMBERSHIP NO.00001001016 2. RAJALAKSHMI W/O SRINIVAS RAO AGED ABOUT 73 YEARS MEMBERSHIP NO.00001000591 3. SUDAKARA MM S/O MANAPPA GOWDA AGED ABOUT 67 YEARS MEMBERSHIP NO. 00001001637 4. CHANDRA SHEKAR BHAT S/O SHANKARA BHAT AGED ABOUT 69 YEARS MEMBERSHIP NO.00001001722 5. LALITHA G MURTHY W/O GURUMURTHY AGED ABOUT 71 YEARS MEMBERSHIP NO.00001001074 6. GIRIJAMMA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14524 WP No. 35442 of 2024 W/O MAHABALAYYA AGED ABOUT 73 YEARS MEMBERSHIP NO.00001001432 7. SANDEEP KUMAR K R S/O RAVEENDRA MURTHY AGED ABOUT 44 YEARS MEMBERSHIP NO.00001001439 8. SHESHAPPA SHETTY S R S/O RANGAPPA SHETTY AGED ABOUT 61 YEARS MEMBERSHIP NO.00001000063 9. S M GANESH MURTHY S/O MAHABALAYYA AGED ABOUT 62 YEARS MEMBERSHIP NO.00001001016 10. SHIVASHANKARAYYA H V S/O VISHVESHWARAYYA AGED ABOUT 71 YEARS MEMBERSHIP NO.00001000959 11. SATHYAMURTHY M K S/O KRISHNAMURTHY M S AGED ABOUT 58 YEARS MEMBERSHIP NO.00001000860 12. RADHALAKSHMI W/O MAHABALAYYA AGED ABOUT 65 YEARS MEMBERSHIP NO.00001000932 13. BALAKRISHNA S R - 3 - NC: 2025:KHC:14524 WP No. 35442 of 2024 S/O S H RAMAYYA AGED ABOUT 60 YEARS MEMBERSHIP NO.00001000652 14. SUBRAMANYA RAO S/O GOPALA KRISHNA AGED ABOUT 57 YEARS MEMBERSHIP NO.00001000683 15. BALACHANDRA S/O MANJUNATHA H K AGED ABOUT 50 YEARS, MEMBERSHIP NO.00001000999 16. SURESH H M, S/O MANJUNATHA H K, AGED ABOUT 52 YEARS MEMBERSHIP NO.00001000708. 17. KGN SHASTRI S/O GOPALA SHASTRI AGED ABOUT 77 YEARS MEMBERSHIP NO. 00001000012 18. NAGARATHNA W/O SHREEDHAR BHAT S R AGED ABOUT 65 YEARS MEMBERSHIP NO. 00001000566 19. SREEDHAR BHAT S R S/O RAMACHANDRA BHAT AGED ABOUT 72 YEARS MEMBERSHIP NO. 1000914 20. ASHWIN KURNAR - 4 - NC: 2025:KHC:14524 WP No. 35442 of 2024 S/O GURUMURTHY AGED ABOUT 55 YEARS MEMBERSHIP NO.00001001072 21. H S SUBHA W/O ASHWIN KUMAR AGED ABOUT 43 YEARS MEMBERSHIP NO. 00001001073 22. SHASHIKUMAR S/O SATHYANARAYANA AGED ABOUT 63 YEARS MEMBERSHIP NO. 00001001537 23. RAVI J N S/O NARASIMHAMURTHY J AGED ABOUT 63 YEARS MEMBERSHIP NO. 00001000401 24. SEETHAMMA W/O NAGAYYA AGED ABOUT 55 YEARS MEMBERSHIP NO. 00001000294 ALL PETITIONERS ARE THE MEMBERS OF THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HARIHARAPURA, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 120. …PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, - 5 - NC: 2025:KHC:14524 WP No. 35442 of 2024 M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ ELECTION OFFICER, KM ROAD, NEAR JILLA PANCHYAT, CHIKMAGALURU - 577101. 4. RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HARIHARAPURA, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 120. 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HARIHARAPURA, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 120. 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 AND R3; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R4; SRI. SUDHIR KUMAR MUROLLI, ADVOCATE FOR R5) - 6 - NC: 2025:KHC:14524 WP No. 35442 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTES LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 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 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 Constitution of India would not be the proper remedy 1 W.P.No.8502/2022 dated 7.6.2022 - 7 - NC: 2025:KHC:14524 WP No. 35442 of 2024 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 account the votes cast by the petitioners in the above matter. - 8 - NC: 2025:KHC:14524 WP No. 35442 of 2024 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.: 60 CT: BHK