- 1 - HC-KAR NC: 2025:KHC-D:13213 WP No. 107768 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107768 OF 2024 (CS-EL/M) BETWEEN: 1. RAVI KUPPAYYA SHETTY AGE: 46, OCC: BUSINESS R/O: MUGWA, PWD QUARTERS PRABATH NAGAR, HONNAVAR DIST: UTTAR KANNADA-577419. 2. NARAYAN MAHABALESHWAR HEGDE AGE: 45 YRS, OCC: BUSINESS R/O MUGWA, TQ: HONNAVAR DIST: UTTAR KANNDA-577419. 3. PARAMESHWARI DEVENDRA NAIK AGE: 54 YRS, OCC: HOUSEHOLD R/O: KARKI, POST: KARKI, TQ: HONNAVAR, DIST: UTTAR KANNADA-577419. 4. SUBRAYJATTIMUKRI AGE: 45, OCC: AGRICULTURE R/O: MUGWA, POST: MUGWA, TQ: HONNAVAR, DIST: UTTAR KANNDA-577419. 5. SHRIKANT GANAPATI MOGER AGE: 46 YRS, OCC: BUSINESS R/O: KARKI, POST: KARKI, TQ: HONNAVAR, DIST: UTTAR KANNADA-577419. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13213 WP No. 107768 of 2024 6. H. R. GANESH AGE: 44 YRS, OCC: AGRICULTURE R/O HOSAKULI, TQ: HONNAVAR DIST: UTTAR KANNADA-577419. …PETITIONERS (BY SRI. VIJAY M.MALALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-01. 2. CO-OPERATIVE ELECTION COMMISSION, RPTD. BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, SHANTINAGAR, BANGALORE-560027. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT, KARWAR-577419. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SIRSI SUB-DIVISION, SIRSI, UTTARA KANNADA DISTRICT-577419. 5. RETURNING OFFICER, HONNAVAR TALUKA PRATHIMIKASAHAKARI AND GRAMMEEN ABIVRUDDI BANK NI. HONNAVAR, DIST: UTTAR KANNADA-577419. 6. HONNAVAR TALUKA PRATHIMIKASAHAKARI AND GRAMMEEN ABIVRUDDI BANK NI. HONNAVAR, DIST: UTTAR KANNADA. REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER-577419. …RESPONDENTS (BY SRI. RAMESH B.CHIGARI, AGA FOR R1, R3 AND R4; - 3 - HC-KAR NC: 2025:KHC-D:13213 WP No. 107768 of 2024 SRI. G.V. BHARMAGOUDA, ADVOCATE FOR R2 AND R5; SRI. SRIPRASAD J.JOSHI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST THE ELECTION AND VOTE IN THE ELECTION OF 6TH RESPONDENT SOCIETY SCHEDULE TO HELD ON 05.01.2025 VIDE ANNEXURE-A FOR THE TERM 2024-2029 PERMITTING THE PETITIONERS TO CONTEST AND CAST THEIR VOTE AND PARTICIPATE IN THE ELECTION IN TERMS; B) PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ of mandamus directing the Respondent No. 5 to include the name of the Petitioners in the final eligible voters list and permit the petitioners to contest the election and vote in the election of 6th Respondent society schedule to held on 05.01.2025 vide Annexure-A for the term 2024-2029 permitting the petitioners to contest and cast their vote and participate in the election in terms. b) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:13213 WP No. 107768 of 2024 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 had 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 and 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 regards the election under Section 70 (2) of the Karnataka Co- operative Societies Act, 1959, after the announcement 1 W.P.No.8502/2022 dated 07.06.2022 - 5 - HC-KAR NC: 2025:KHC-D:13213 WP No. 107768 of 2024 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 matters. 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 copy of this order by taking into account the vote 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 - 6 - HC-KAR NC: 2025:KHC-D:13213 WP No. 107768 of 2024 for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT: UMD List No.: 1 Sl No.: 252