- 1 - NC: 2025:KHC:6125 WP No. 35951 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35951 OF 2024 (CS-EL/M) BETWEEN: 1. SOMASHEKARAIAH S/O. MAHALINGAIAH AGED ABOUT 35 YEARS, ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 2. SURESH S/O SHIVALINGAIAH AGED ABOUT 31 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 3. RANGAMMA W/O BHAIRALINGAIAH AGED ABOUT 75 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 4. RAMESH A N S/O NARASIMHAIAH AGED ABOUT 45 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6125 WP No. 35951 of 2024 TUMKUR 572 114. 5. K A RAJANNA S/O K KALYANAIKA AGED ABOUT 68 68 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 6. DINESH S/O SHIVAIAH, AGED ABOUT 37 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 7. HONNAMMA W/O GURUBASAVIAH AGED ABOUT 71 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 8. PRAKASHAIH S/O KALAIA AGED ABOUT 50 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, TUMKUR 572 114. 9. LAKKAMMA W/O MAHALINGAIAH AGED ABOUT 60 YEARS ANNAMALLENAHALLI KARDI POST TIPTUR, - 3 - NC: 2025:KHC:6125 WP No. 35951 of 2024 TUMKUR 572 114. 10. MUNINANJAMMA W/O DASAPPA AGED ABOUT 58 YEARS DEVARAHALLI, KARADI POST, TIPTUR TALUK, TUMKUR DISTRICT 572114 11. PUTTARAJU S/O NINGAPPA. AGED ABOUT 40 YEARS DEVARAHALLI, KARADI POST, TIPTUR TALUK, TUMKUR DISTRICT 572114 12. MANJULA W/O BASAVARAJU AGED ABOUT 48 YEARS JAYANIGRAMA, KARADI POST, TIPTUR TALUK, TUMKUR DISTRICT 572 114 13. PARVATAMMA W/O RENUKARADHYA AGED ABOUT 65 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114. 14. PARVTAMMA W/O MUNIRAMAIAH AGED ABOUT 58 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114. - 4 - NC: 2025:KHC:6125 WP No. 35951 of 2024 15. RAJU S/O MUNIRAIAH AGED ABOUT 39 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114. 16. ANUSHA D/O PUTTAMALLACHAR AGED ABOUT 35 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114. 17. VIJIYAMMA W/O KRISHNAMURTHI AGED ABOUT 55 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 18. SUMATHI W/O RANGASVAMI AGED ABOUT 45 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 19. GIRIJAMMA W/O RAMASVAMI AGED ABOUT 59 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 20. YASHVANTH S/O DEVRAJU KR AGED ABOUT 30 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 - 5 - NC: 2025:KHC:6125 WP No. 35951 of 2024 21. HARSHA K N S/O NAGAPPA AGED ABOUT 41 YEARS KARADI @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 22. ESHVARAIAH S/O HUCHHAPPA AGED ABOUT 65 YEARS KONDLIGHATTA @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 23. TIPPESHKUMAR S/O SIDDAPPA AGED ABOUT 33 YEARS KONDLIGHATTA @POST, TIPTUR TALUK, TUMKUR DISTRICT, 572114 24. YASHODAMMA W/O SHRIDHAR AGED ABOUT 60 YEARS KONDLIGHATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 25. HANUMAIAH S/O DASAPPA AGED ABOUT 45 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 26. YOGANANDA S/O KRISHNAPPA AGED ABOUT 43 YEARS - 6 - NC: 2025:KHC:6125 WP No. 35951 of 2024 KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 27. CHIDANANDA S/O TIMMAPPA AGED ABOUT 45 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 28. SOMASHEKARAIAH S/O DASAPPA AGED ABOUT 45 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 29. SHANKARAIAH S/O DASAPPA AGED ABOUT 52 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 30. DEVARAJU S/O MAILARAPPA AGED ABOUT 48 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 31. LAKSHMAN S/O PUTTARAJU - 7 - NC: 2025:KHC:6125 WP No. 35951 of 2024 AGED ABOUT 39 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 32. GNANAJYOTHI S/O NINGAMMA AGED ABOUT 41 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 33. SATHYANARAYANA S/O G RAMAPPA AGED ABOUT 71 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 34. MANJUNATH S/O DYAVALAH AGED ABOUT 48 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 35. SHIVALINGAMMA D/O NINGAMMA AGED ABOUT 65 YEARS KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 - 8 - NC: 2025:KHC:6125 WP No. 35951 of 2024 36. MAILARAIAH S/O MALLAPPA AGED ABOUT 66 YEARS. KONDLIGATTA KONDLIGHATTA POST TIPTUR TALUK TUMKUR DISTRICT 572114 37. CHIKKAMMA W/O MAILARAIAH AGED ABOUT 65 YEARS MALLIPATTANA KARADI POST TIPTUR TALUK TUMKUR DISTRICT 572114 38. NINGAIAH S/O NINGAIAH AGED ABOUT 70 YEARS MALLIPATTANA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 39. JUNJAIAH S/O DODDAEERAIAH AGED ABOUT 38 YEARS MALLIPATTANA VILLAGE, KARADI POST, TIPTUR TALUQ. TUMKUR DISTRICT-572114 40. RANGAMMA W/O EERAPPA AGED ABOUT 65 YEARS - 9 - NC: 2025:KHC:6125 WP No. 35951 of 2024 MALLIPATTANA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 41. RAJASHEKARAIAH S/O LINGEGOWDA AGED ABOUT 62 YEARS RAMENAHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 42. BASAMMA W/O MALLAIAH AGED ABOUT 59 YEARS RAMENAHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 43. LALITHAMMA W/O SADASHIVAIAH AGED ABOUT 56 YEARS RAMENAHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 44. HEMAVATHAMMA W/O BASAVARAJU AGED ABOUT 63 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 45. SHANKARAMMA W/O SHIVANNA AGED ABOUT 68 YEARS - 10 - NC: 2025:KHC:6125 WP No. 35951 of 2024 RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 46. DEVARAJU S/O RAJANNA AGED ABOUT 58 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 47. MAHADEVI S/O CHINATUMBI AGED ABOUT 52 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 48. ESHVARA S/O C R RAJU AGED ABOUT 62 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 49. VASANTAMMA W/O KUMAR AGED ABOUT 58 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 50. PERUMAL S/O KESHAVA AGED ABOUT 58 YEARS - 11 - NC: 2025:KHC:6125 WP No. 35951 of 2024 RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 51. SUJATHA W/O NAGENDRA AGED ABOUT 46 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 52. MANJUNATHA S/O MUTTU AGED ABOUT 43 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 53. CHELUVA S/O KESHAVA AGED ABOUT 42 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 54. MAHENDRA S/O KRISHNAMURTHY AGED ABOUT 38 YEARS RANGANATHAPURA VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 55. RAMACHANDRA S/O SHANKARAPPA AGED ABOUT 49 YEARS - 12 - NC: 2025:KHC:6125 WP No. 35951 of 2024 SHIVAPURA VILLAGE, KONDLIGATTA POST, TIPTUR TALUQ. TUMKUR DISTRICT - 572114 56. NARASIMHAMURTHY S/O DYAVANNA AGED ABOUT 52 YEARS KONDLIGATTA VILLAGE, KONDLIGATTA POST, TIPTUR TALUQ, TUMKUR DISTRICT-572114 57. BELURAIAH S/O CHANNABASAVAIAH AGED ABOUT 72 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 58. DRAKSHAYANAMMA W/O BASAVARAJU AGED ABOUT 76 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 59. SIDDALINGAMURTHY S/O VIRUPAKSHAYYA AGED ABOUT 39 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 60. NAGARATHNAMMA W/O PUTTAIAH - 13 - NC: 2025:KHC:6125 WP No. 35951 of 2024 AGED ABOUT 72 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 61. AMBIKAMMA W/O BELURAIAH AGED ABOUT 62 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 62. SULOCHANAMMA W/O SIDDALINGAPPA AGED ABOUT 66 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 63. SHOBARANI W/O GANGADHAR AGED ABOUT 36 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 64. RANGASWAMY S/O CHANDRAIAH AGED ABOUT 34 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 65. PAVITRA D/O BELURAIAH - 14 - NC: 2025:KHC:6125 WP No. 35951 of 2024 AGED ABOUT 38 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 66. NEELAMMA W/O SHADAKSHARI AGED ABOUT 68 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT 572114 67. R MANGALA W/O RAJASHEKHARAIAH AGED ABOUT 47 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 68. SHADAKSHARAIAH S/O CHANNABASAVAIAH AGED ABOUT 72 YEARS SHIDLEHALLI VILLAGE, KARADI POST, TIPTUR TALUQ, TUMKUR DISTRICT - 572114 …PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU -560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. - 15 - NC: 2025:KHC:6125 WP No. 35951 of 2024 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 /DISTRICT ELECTION OFFICER, MINI VIDHAN SOWDHA BUILDING. TUMKURU 577101 4. RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. KARADI, TIPTUR TALUK, TUMKURU DISTRICT-572114 (REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. KARADI, TIPTUR TALUK, TUMKURU DISTRICT-572114 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH B NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 SERVED) 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 VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 05.01.2025 AND ETC. - 16 - NC: 2025:KHC:6125 WP No. 35951 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- "i) Issue a writ of mandamus directing the respondent No.2 to 5 to include the name of the petitioners to cast their votes in the elections to the respondent No.5 which is scheduled to be held on 05.01.2025 in the interest of justice and equity. (ii) Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued." 2. This Court by way of an interim arrangement on 31.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 05.01.2025 subject to final outcome of this petition. 3. Heard Sri.Devi Prasad Shetty, learned counsel for the petitioner and Sri.Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4 and Sri.T.L.Kiran Kumar, - 17 - NC: 2025:KHC:6125 WP No. 35951 of 2024 learned counsel for respondent No.2. Respondent No.5 though served with the notice, has chosen to remain absent. 4. Counsel for the petitioners submits that the election has been held as scheduled on 05.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the - 18 - NC: 2025:KHC:6125 WP No. 35951 of 2024 Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 05.01.2025, if not already announced. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, 1 2022 (4) AKR 775 - 19 - NC: 2025:KHC:6125 WP No. 35951 of 2024 questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. - 20 - NC: 2025:KHC:6125 WP No. 35951 of 2024 vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA SS List No.: 3 Sl No.: 10