- 1 - NC: 2025:KHC:8044 WP No. 2300 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2300 OF 2025 (CS-EL/M) BETWEEN: 1. BASAVARAJU S/O HUCCHEGOWDA AGED ABOUT 42 YEARS SL.NO.16 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 2. BASAPPA S/O BASAVEGOWDA (BUDIYA) AGED ABOUT 50 YEARS SL.NO. 17 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 3. NINGEGOWDA S/O BOLEGOWDA AGED ABOUT 55 YEARS SL.NO. 22 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 4. NAVEEN KUMAR S/O SIDDARAMEGOWDA AGED ABOUT 40 YEARS SL.NO. 24 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 5. BASAVARAJU S/O PAPEGOWDA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8044 WP No. 2300 of 2025 AGED ABOUT 50 YEARS SL.NO. 25 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 6. HANUMANTHA NAYAKA S/O HUCCHURA NAYAK AGED ABOUT 40 YEARS SL.NO. 30 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 7. RATANMMA W/O MARIGOWDA AGED ABOUT 45 YEARS SL.NO. 44 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 8. BASAVARAJU S/O CHIKKEGOWDA AGED ABOUT 48 YEARS SL.NO. 54 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 9. THAMMADIGOWDA S/O DODDALINGEGOWDA AGED ABOUT 82 YEARS SL.NO. 55 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 10. B. KUMAR S/O BASAPPA AGED ABOUT 37 YEARS SL.NO. 73 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. - 3 - NC: 2025:KHC:8044 WP No. 2300 of 2025 11. BASAVARAJU S/O MARIDODDEGOWDA AGED ABOUT 48 YEARS SL.NO. 92 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 12. K. MAHADEVA S/O KENDEGOWDA AGED ABOUT 45 YEARS SL.NO. 121 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 13. BASAMMA W/O BASAVEGOWDA AGED ABOUT 70 YEARS SL.NO.124 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 14. NAGAMMA W/O BASAVEGOWDA AGED ABOUT 60 YEARS SL.NO. 116 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 15. JAYAMMA W/O BASAVEGOWDA AGED ABOUT 55 YEARS SL.NO. 144 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 16. NAGAMMA W/O BASAPPA AGED ABOUT 60 YEARS - 4 - NC: 2025:KHC:8044 WP No. 2300 of 2025 SL.NO 157 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 17. RATANMMA W/O KOTTIBEEREGOWDA AGED ABOUT 42 YEARS SL.NO.168 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 18. BASAMMA W/O SHIVANANJEGOWDA AGED ABOUT 55 YEARS SL.NO. 172 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 19. M. SWAMY S/O MALIKARJUNA AGED ABOUT 42 YEARS SL.NO. 173 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 20. SHIVAMMA W/O MUDDEGOWDA AGED ABOUT 50 YEARS SL.NO. 178 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 21. MUDDEGOWDA S/O NINGEGOWDA AGED ABOUT 60 YEARS SL.NO. 202 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008 - 5 - NC: 2025:KHC:8044 WP No. 2300 of 2025 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 22. HUCCHEGOWDA W/O MARIDODDEGOWDA AGED ABOUT 48 YEARS SL.NO. 224 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 23. MARAYALAH S/O NINGEGOWDA AGED ABOUT 45 YEARS SL.NO. 238 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 24. BASAVEGOWDA S/O BASAVEGOWDA AGED ABOUT 45 YEARS SL.NO.333 R/AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 25. ASHA C W/O CHANDRU K AGED ABOUT 30 YEARS SL.NO.337 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 26. NAGAMMA W/O BASAPPA AGED ABOUT 45 YEARS R/ AT D.SALUNDI VILLAGE SL.NO. 353 DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST -570008. 27. BASAMMA W/O JAVEREGOWDA AGED ABOUT 55 YEARS SL.NO. 122 - 6 - NC: 2025:KHC:8044 WP No. 2300 of 2025 R/ AT D.SALUNDI VILLAGE DANAGAHALLIL POST, JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 28. SHIVANNEGOWDA S/O CHELUVAGOWDA AGED ABOUT 62 YEARS SL.NO. 82 R/AT GOPALAPURA VILLAGE AND POST JAYAPURA HOBLI MYSORE TQ AND DIST-570008 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 29. PUTTALAKSHMAMMA W/O SANATHAMMEGOWDA AGED ABOUT 68 YEARS SL.NO. 109 R/AT GOPALAPURA VILLAGE AND POST JAYAPURA HOBLI MYSORE TQ AND DIST-570008 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 30. GAYATHRI W/O NINGEGOWDA AGED ABOUT 42 YEARS SL.NO. 213 R/AT GOPALAPURA VILLAGE AND POST JAYAPURA HOBLI MYSORE TQ AND DIST-570008. 31. RAVICHANDRA S/O MOJJEGOWDA AGED ABOUT 40 YEARS SL.NO.286 R/ AT GOPALAPURA VILLAGE AND POST JAYAPURA HOBLI MYSORE TQ AND DIST-570008. … PETITIONERS (BY SRI. RAJU C.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI - 7 - NC: 2025:KHC:8044 WP No. 2300 of 2025 BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, K.H.ROAD, SHANTHI NAGARA, BENGALURU-560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1 ALI ASKAR ROAD, BENGALURU-560001. 4. THE ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETY MYSORE DIVISION, MYSORE, PUBLIC OFFICERS BUILDING, OPP CORPORATION OFFICE NEW SAYAJI RAO ROAD, MYSORE-570024. 5. RETURNING OFFICER, DANAGALLI PRIMARY AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, DANAGALLI, JAYAPURA HOBLI, MYSORE TALUK, MYSORE, PIN CODE 562149. 6. DANAGALLI AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, DANAGALLI, JAYAPURA HOBLI, MYSORE TALUK, MYSORE, PIN CODE 562149 REPRESENTED BY ITS MANAGER (CO-OPERATION INSTITUTION REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND RULES, 1960) … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 TO R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SMT. NAYANASHREE, A.K., ADVOCATE FOR R-6) - 8 - NC: 2025:KHC:8044 WP No. 2300 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 TO 6 PERMIT THE PETITIONERS TO EXERCISING THEIR VOTE IN THE ELECTION TO BE HELD ON 31.01.2025 VIDE ANNEXURE-A TO THE BOARD OF DIRECTORS OF THE RESPONDENT NO.6. THIS WRIT PETITION COMING ON FOR ORDERS, 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 Nos.2 to 6 permit the petitioners to exercising their vote in the election to be held on 31.01.2025 vide Annexure-A to the board of Directors of the Respondent No.6. ii) To pass any appropriate writ, order or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 28.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 31.01.2025 subject to final outcome of this petition. - 9 - NC: 2025:KHC:8044 WP No. 2300 of 2025 3. Heard Sri Raju C.N., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Smt. Nayanashree A.K., learned counsel for respondent No.6. 4. Counsel for the petitioners submits that the election has been held as scheduled on 31.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that the petitioners have been included in the ineligible voters list on the ground that the petitioners have not attended the AGM meeting and not availed the minimum services as per the provisions under Section 20 (2) (a-iv) (a-v). Learned counsel for the petitioners submits that due to Covid-19 Pandemic, the petitioner could not participate in the meeting and availed minimum service as required under the provisions of the Act. - 10 - NC: 2025:KHC:8044 WP No. 2300 of 2025 6. Learned counsel for the respondent-society fairly submits that the prescribed meeting as envisaged under the Act had not taken place due to Covid-19 Pandemic. It is submitted that the petitioners were permitted to take part in the elections and the votes cast by them to be included in the announcement of results. 7. It is brought to the notice of this Court that under identical circumstances, the 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). 8. This Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co 1 2022 (4) AKR 775 - 11 - NC: 2025:KHC:8044 WP No. 2300 of 2025 Operation and others2 (B Ganganna) has observed that if is an exceptional case is made out, the writ petition under Article 226 can be exercised, the petitioners have not made out any exceptional case for this Court to interfere under Article 226, without expressing any opinion on the eligibility or ineligibility of the voters list prepared and the same being a disputed question of fact, the parties are at liberty to approach the appropriate authority under Section 70 (2) (c) of the Act and hence, this Court pass 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 31.01.2025. 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, 2 ILR 2024 KAR 1901 - 12 - NC: 2025:KHC:8044 WP No. 2300 of 2025 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. - 13 - NC: 2025:KHC:8044 WP No. 2300 of 2025 vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 10