- 1 - NC: 2025:KHC:13279 WP No. 35743 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35743 OF 2024 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. 7. M C SIDDEGOWDA S/O CHANDRASHEKARAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 4049. SHANTHAPPA, S/O HANUMAPPA, AGED ABOUT 67 YEARS, MEMBERSHIP NO. 2652. RAJAPPA, S/O SIDDAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 2637. KYATHYANI, C/O SANNAKARIAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 2863. SHIVARUDRAIAH, S/O NEELAKANTAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO. 3039. SIDARAMAPA, S/O HANUMAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO. 3106. NAGARAJ.K, S/O KARIAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 2630. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13279 WP No. 35743 of 2024 8. 9. 10. 11. 12. 13. 14. 15. 16. SHIVARUDRAPPA, S/O ERAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 2734. MANJAPPA, S/O ESHWARAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 5582. CHANDRAPPA, S/O ESHWARAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 2963. MANJUNATH, S/O ESHWARAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 2952. MARULUSIDDAIAH, S/O SANAVEERAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO. 3062. MALLAIAH, S/O MALLAIAH, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 3009. CHANDRASHEKARAPPA.B.H, S/O HANUMAPPA, AGED ABOUT 79 YEARS, MEMBERSHIP NO. 2666. LINGARAJU.B.S, S/O SANAKARIAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.2865. VAGESH.B.S, S/O SHADAKASHARAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 2899. - 3 - NC: 2025:KHC:13279 WP No. 35743 of 2024 17. 18. 19. 20. 21. 22. 23. 24. 25. DAKSHINA MURTHY, S/O PRABHYA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 2994. RANGAPPA B.H, S/O HANUMAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 4602. SAROJAMA, W/O MARULASIDAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 3102. SAROJAMMA, W/O NAGARAJ, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 5083. SHANKARALINGAPPA, S/O SHIVALINGAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 3107. RUDRAPPA, S/O KALAMANA GOVINDAPPA, AGED ABOUT 79 YEARS, MEMBERSHP NO. 4156. MOHAN KUMAR, S/O ERAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 4914. MANJUNATH, S/O ERAPPA, AGED ABOUT 53 YEARS, MEMBERSHIP NO. 4921. SHANTHAMURTHY, S/O ERAPPA, AGED ABOUT 52 YEARS, MEMBERSHIP NO. 4049. - 4 - NC: 2025:KHC:13279 WP No. 35743 of 2024 ALL MEMBERS OF TARIKERE TALUK PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., TARIKERE, (CHIKKAMAGALUR DISTRICT)-577 228. …PETITIONERS (BY SRI AMBARISHA N, ADVOCATE) AND: 1. 2. 3. 4. 5. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDNG, BENGALURU-560 001. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, T.T.M.C 'A' BLOCK, K.H ROAD, SHANTHINAGAR, BENGALURU-560 027. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ELECTION OFFICER, K.M ROAD, NEAR JILLA PANCHYAT, CHIKMAGALUR-577 101. THE RETURNING OFFICER, TARIKERE TALUK PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., TARIKERE, [CHIKKAMAGALUR DISTRICT]-577 228. TARIKERE, TALUK PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., TARIKERE [CHIKKAMAGALUR DISTRICT]-577 228. REPT. BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-2 & R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-5) - 5 - NC: 2025:KHC:13279 WP No. 35743 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DECLARE THE ACT OF RESPONDENTS CATEGORIZING THE PETITIONERS AS IN-ELIGIBLE VOTERS UNDER BORROWERS CATEGORY TO 5TH RESPONDENT ELECTIONS 2024-2029 WITHOUT FOLLOWING MANDATE OF RULE 13- D-2(A) OF KARNATAKA CO-OPERATIVE SOCIETIES RULES 1960 AS PER ANNEXURE-C IS ARBITRARY AND ILLEGAL 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. Notice to respondent No.3 is dispensed with, in view of the order proposed to be passed. 2. 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. 3. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:13279 WP No. 35743 of 2024 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 petitioners. 4. 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. 5. In that view of the matter, I pass the following: ORDER i. The Writ Petition is disposed of. ii. The Returning Officer is directed to announce the result within seven days of the receipt of a - 7 - NC: 2025:KHC:13279 WP No. 35743 of 2024 copy of this order by taking into account the votes cast by the petitioners 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 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 SR/List No.: 1 Sl No.: 19