- 1 - HC-KAR NC: 2025:KHC:47215 WP No. 31959 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31959 OF 2025 (CS-EL/M) BETWEEN: VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA SRINIVASAPURA, YANTAGANA VILLAGE, KASABA HOBLI, NELAMANGALA TQ. BANGALORE RURAL DISTRICT - 562123, BY ITS CHIEF EXECUTIVE OFFICER, SRI. S.A. HANUMANTHARAJU, S/O LATE ASHWATHAIAH, AGED ABOUT 55 YEARS. (A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …PETITIONER (BY SRI. RAVINDRANATH M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560 001 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY COMMISSION 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS COMMISSIONER 3. THE CO-OPERATIVE ELECTION AUTHORITY AND ELECTION AUTHORITY FOR CONDUCTING ELECTION TO THE NELAMANGALA TALUK AGRICULTURE PRODUCER CO-OPERATIVE MARKETING SOCIETY LTD., NELAMANGALA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562132 REP. BY ITS AUTHORIZED OFFICER Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47215 WP No. 31959 of 2025 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE RURAL DISTRICT - 562132 5. THE NELAMANGALA TALUK AGRICULTURE PRODUCER CO-OPERATIVE MARKETING SOCIETY LTD., NELAMANGALA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562132 BY ITS SECRETARY (A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 6. THE RETURNING OFFICER THE NELAMANGALA TALUK AGRICULTURE PRODUCER CO-OPERATIVE MARKETING SOCIETY LTD., NELAMANGALA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562132 …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, R4-6 SRI. A. DEVARAJ, ADVOCATE FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-D AND PERMIT THE PETITIONER TO CONTEST AND VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09-11-2025. AS ANN.B AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:47215 WP No. 31959 of 2025 ORAL ORDER Heard learned counsel for the petitioner, learned Senior Advocate for the impleading applicants and learned Additional Government Advocate for respondent Nos.1, 4 & 6 and Sri. Devaraj A, learned counsel for respondent Nos.2 and 3. 2. The petitioner is challenging inclusion of the name of the petitioner in the ineligible voters list and seeking to include his name in the final eligible voters list produced as per Annexure - 'D'. 3. As per the interim order dated 06.11.2025, the Returning Officer was directed to permit the petitioner to cast vote in the election that was scheduled on 09.11.2025 and keep the vote cast by the petitioner separately in a sealed cover, which shall be subject to the further orders by this Court. Accordingly, the petitioner has already cast his vote in the election. 4. The dispute regarding the inclusion of the name of the petitioner in the ineligible voters list could be raised by the petitioner before the Registrar invoking Section 70 of the - 4 - HC-KAR NC: 2025:KHC:47215 WP No. 31959 of 2025 Karnataka Cooperative Societies Act (for short 'the KCS Act'). Under such circumstances, I do not find any reason to bypass the statutory remedy available under Section 70 of the KCS Act and to entertain this petition. 5. Hence, the petition is disposed off with liberty to the petitioner to invoke Section 70 of the KCS Act and raise the dispute, if he is advised to do so. 6. The Returning Officer is directed to announce the result without counting the vote cast by the petitioner. He is directed to keep the vote cast by the petitioner separately, which shall be subject to the final result of the dispute that may be raised by the petitioner. In view of the disposal of the writ petition, pending IA stands disposed off. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 8