- 1 - NC: 2025:KHC:15204 WP No. 35962 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. 35962 OF 2024 (CS-EL/M) BETWEEN: 1. M GURUMURTHY S/O M. MAHABALAIAH AGED ABOUT 72 YEARS SL. NO.20 MEMBERSHIP NO. 198 R/AT 7 MACHIKOPPA KOPPA TALUK KALKERE CHICKMAGALUR - 577 123 2. SRIDHAR N A S/O ANANDARAMA BHAT N.V. AGED ABOUT 74 SL.NO.150 MEMBERSHIP NO. 157 R/AT THENGINAMANE KARIMANE KALKERE KOPPA TALUK CHICKMAGALUR - 577 123 3. U.R. SUDEENDRA S/O LATE U V RAM RAO AGED ABOUT 64 YEARS SL.NO.179 MEMBERSHIP NO.2179 R/AT NO.29, BALTHAR KARIMANE KALKERE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15204 WP No. 35962 of 2024 KOPPA TALUK CHICKMAGALUR - 577 123 4. THIMMAPPA GOWDA S/O I.K. SHANKARGOWDA AGED ABOUT 62 YEARS SL.NO.182 MEMBERSHIP NO.2569 THENGINAMANE KARIMANE KARIMANE KALKERE KOPPA TALUK CHICKMAGALUR - 577 123 5. G.S. KALASESHWARA S/O SRINIVASA BHAT AGED ABOUT 58 YEARS SL NO.185 MEMBERSHIP NO.2758 R/AT NO.62A THENGINAMANE KARIMANE KOPPA TALUK CHICKMAGALUR - 577 123 6. THIMMAPPA T.P. S/O PINCHA SEREGARA AGED ABOUT 59 YEARS SL.NO.186 MEMBERSHIP NO.2792 RESIDING AT THENGINAMANE KARIMANE KALKERE KOPPA TALUK CHICKMAGALUR - 577 123 7. ADARSHA T.R. S/O RAMANNA SHETTY AGED ABOUT 35 YEARS SL. NO. 231 MEMBERSHIP NO. 4135 RESIDING AT THENGINAMANE - 3 - NC: 2025:KHC:15204 WP No. 35962 of 2024 KARIMANE, KALKERE KOPPA TALUK CHICKMAGALUR -577123 8. DINAKARA K S/O K KRISHNA MURTHY JOIS AGED ABOUT 62 YEARS SL. NO. 274 MEMBERSHIP NO 2915 RESIDING AT VIDYANAGAR BHUVANAKOTE UTTAMESHWARA KOPPA TALUK CHICKMAGLUR - 577 126 9. B.B. MANJUNATH S/O. M. BALAPPA GOWDA AGED ABOUT 52 YEARS SL.NO.279 MEMBERSHIP NO.3460 RESIDING AT NO.78 THULUVINAKOPPA KARIMANE, KALKERE KOPPA TALUK CHICKAMAGLUR - 577 123 10. T.N. NARASIMHAMURTHY S/O LATE T N NAGARAJ AGED ABOUT 55 YEARS SL.NO.302 MEMBERSHIP NO.4036 R/AT BHUVANAKOTE VILLAGE KONDIBAIL KOPPA TALUK CHICKMAGALUR - 577 126 …PETITIONERS (BY SRI. RAGHAVENDRA A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION - 4 - NC: 2025:KHC:15204 WP No. 35962 of 2024 M.S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU -560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REP. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER DISTRICT OFFICE, CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT- 577 123. 4. RETURNING OFFICER, SRI RAMA SEVA PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., KARIMANE VILLAGE, LOKANATHAPURA POST KOPPA TALUK, CHIKKAMAGALURU DISTRICT- 577 123. 5. SRI. RAMA SEVA PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. KARIMANE VILLAGE, LOKANATHAPURA POST KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 123. REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE - 5 - NC: 2025:KHC:15204 WP No. 35962 of 2024 R-2, 3, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 05.01.2025 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 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 any dispute as regards the eligibility or ineligibility 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:15204 WP No. 35962 of 2024 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. - 7 - NC: 2025:KHC:15204 WP No. 35962 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 AMA List No.: 1 Sl No.: 30