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2025 DAILYLAW 45506 (KAR)

SRI SHIVA KUMARA v. DEPARTMENT OF CO OPERATION

WP/35249/2024 · 2025-02-24

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8296 WP No. 35249 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35249 OF 2024 (CS-EL/M) BETWEEN: 1. SRI. SHIVA KUMARA, S/O LOKESHAPPA, AGED ABOUT 50 YEARS, R/A. M.K. ROAD, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER- 2200009, SI NO.3. 2. SRI. VENKATAPPA, S/O. SIDDANNA, AGED ABOUT 50 YEARS, R/A. HULKODU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200018, SI NO.5. 3. SMT. JANAKI, S/O. SHEENAPPA SHETTY, AGED ABOUT 51 YEARS, R/A. DEMLAPURA, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200044, SL NO.11. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8296 WP No. 35249 of 2024 4. SRI. HOOVANNA GOWDA K, S/O. PUTTANNA GOWDA, AGED ABOUT 59 YEARS, R/A. MAKKIBYLU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE KHATA NUMBER - 2200071, SL NO.14. 5. SRI. SADASHIVA SHETTY, S/O. VENKATAIAH SHETTY, AGED ABOUT 59 YEARS, R/A. SUBHASH NAGAR, KOLIGE, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200092. SI NO.18. 6. SMT. VIMALAMMA, S/O. VENKATESH, AGED ABOUT 48 YEARS, R/A. SANNIKOPPA, HAADIGALLU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200199. SI NO.30. 7. SRI. VENATA NAIKA, S/O. SHEMA NAIKA, AGED ABOUT 59 YEARS, R/A. KATTEKOPPA, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200204. SI NO.31. 8. SMT. SHASHIKALA K.G., W/O. GOPAL K.M., - 3 - NC: 2025:KHC:8296 WP No. 35249 of 2024 AGED ABOUT 48 YEARS, R/A. MAKKIBYLU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200211. SI NO.32. 9. SMT. SHANTHI PRABHAKAR, W/O. PRABHAKAR, AGED ABOUT 46 YEARS, R/A. KONANDUR, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200225. SI NO.37. 10. SMT. GIRIJAMMA, W/O.EASHWAR, AGED ABOUT 61 YEARS, R/A. DANDAMUNDAKA, HADIGALLU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200234. SI NO.40. 11. SRI. ANANTHARAMU N.K., S/O. KODANDARMU, AGED ABOUT 62 YEARS, R/A. HULKODU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200241. SL NO.43. 12. SMT. NAGARATHNAMMA, W/O INDRAPPA GOWDA, AGED ABOUT 55 YEARS, - 4 - NC: 2025:KHC:8296 WP No. 35249 of 2024 KUKKANAKODIGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200260. SI NO.48. 13. SMT. RATHNAMMA, W/O MALLIKARJUNAPPA, AGED ABOUT 56 YEARS, DEMLAPURA, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200261. SI NO.49. 14. SMT. SUSHEELAMMA, W/O MAHABALA SHETTY K.M., AGED ABOUT 61 YEARS, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200286. SI NO.54. 15. SRI. NAGARAJ A.S, S/O SANNAPPA, AGED ABOUT 53 YEARS, AGASARAKOPPA, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200296. SI NO.57. 16. SRI. SHANMUKAPPA K.C., S/O CHINNA NAIKA, AGED ABOUT 57 YEARS, KATTEKOPPA, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200317. SI NO.67. - 5 - NC: 2025:KHC:8296 WP No. 35249 of 2024 17. SRI. RAMAIAH GOWDA, S/O VEERANNA GOWDA, AGED ABOUT 68 YEARS, HORABAILU, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200333. SL NO.71. 18. SMT. SEETHAMMA, W/O RUKMNA GOWDA, AGED ABOUT 61 YEARS, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200361. SL NO.79. 19. SRI. JANARDAN SHETTY K.S., S/O SHEENAPPA SHETTY, AGED ABOUT 62 YEARS, SONGARKEREI, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200364. SI NO.80. 20. SMT. SHANTHAMMA, W/O RAMASWAMY SHETTY, AGED ABOUT 61 YEARS, SONGARKEREI, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200366. SI NO.82. 21. SRI. CHINNAPPA, S/O DOLANNA, AGED ABOUT 66 YEARS, KONANDUR POST, - 6 - NC: 2025:KHC:8296 WP No. 35249 of 2024 THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200400. SI NO.92. 22. SRI. SHESHAPPA GOWDA S.A, S/O APPAIAH GOWDA, AGED ABOUT 59 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200411. SI NO.95. 23. SRI. BASAVARAJA P.S, S/O SHIVAMURTHY P.S, AGED ABOUT 55 YEARS, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200419. SI NO.97. 24. SRI. RAJAPPA K.M., S/O. MANJAPPA SHETTY, AGED ABOUT 58 YEARS, SONGARKEREI, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200432. SL NO.100. 25. SMT. SAROJA, W/O NINGAPPA GOWDA, AGED ABOUT 53 YEARS, HOSAKOPPA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200485. SL NO.109. - 7 - NC: 2025:KHC:8296 WP No. 35249 of 2024 26. SRI. KIRAN KUMAR K.K, S/O KOLLURAIAH K.D, AGED ABOUT 55 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200493. SL NO.114. 27. SRI. SHIVANNA M.T, S/O THIMMANNA GOWDA, AGED ABOUT 69 YEARS, MANGALA, KONANDUR POST, THIRTHAHALLLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200554. SL NO.124. 28. SMT. JAYAMMA, W/O SHIVANNA, AGED ABOUT 56 YEARS, MANGALA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200555. SI NO.125. 29. SRI. SATHYANARAYANA S.P., S/O PUTTASWAMY, AGED ABOUT 64 YEARS, SHANKARAHALLI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200561. SI NO.127. 30. SRI. SHANMUKAPPA, S/O KRISHNAPPA SHETTY, AGED ABOUT 59 YEARS, SONGARKEREI, KONANDUR POST, - 8 - NC: 2025:KHC:8296 WP No. 35249 of 2024 THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200566. SI NO.128. 31. SRI. AHMAD BAVA K.M, S/O MOIDIN SAB, AGED ABOUT 55 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200606. SL NO.137. 32. SRI. REMA NAIKA, S/O VENKATA NAIKA, AGED ABOUT 61 YEARS, SONGARKEREI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200612. SL NO.139. 33. SRI. POORNESH A.C, S/O CHINNAPPA GOWDA, AGED ABOUT 54 YEARS, MAKKIBILU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200628. SL NO.143. 34. SMT. RUKMINI, S/O KRISHNAMURTHY, AGED ABOUT 49 YEARS, MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200634. SI NO.144. - 9 - NC: 2025:KHC:8296 WP No. 35249 of 2024 35. SMT. KAVANA K, D/O KRISHNAMURTHY, AGED ABOUT 40 YEARS, MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200635. SL NO.145. 36. SMT. KAVYA K, D/O KRISHNAMURTHY, AGED ABOUT 38 YEARS, MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200636. SL NO.146. 37. S. GANGAPPA GOWDA, S/O PUTTAIAH GOWDA, AGED ABOUT 55 YEARS, MAKKIBILU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200641. SI NO.147. 38. SMT. SUDAMANI K.J., W/O MAHESH, AGED ABOUT 48 YEARS, AGRHARA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200695. SI NO.160. 39. SRI. RUKMAIAH, S/O KRISHNAPPA SHETTY, AGED ABOUT 58 YEARS, - 10 - NC: 2025:KHC:8296 WP No. 35249 of 2024 SONGARKEREI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200738. SI NO.167. 40. SMT. UMA, W/O RAJU, AGED ABOUT 50 YEARS, SONGARKERE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE KHATA NUMBER - 2200740, SI NO.168. 41. SRI. KARTHIK K, S/O KRISHNAMURTHY, AGED ABOUT 43 YEARS, MAKKIBYLU, KIONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE KHATA NUMBER - 2200752. SI NO.171. 42. SRI. MALLIKARJUN K, S/O. BANDIMALLAIAH, AGED ABOUT 57 YEARS, R/A MELINAKADAKODU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200755, SL NO.172. 43. SMT. SUJATHA J.V, W/O. SREEKANTH M.S, AGED ABOUT 51 YEARS, R/A HULKODU, KONANDUR POST, THIRTHAHALLI TALUK, - 11 - NC: 2025:KHC:8296 WP No. 35249 of 2024 SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200763, SI NO.176. 44. SRI. MANJUNATHA P.N, S/O. NIRANJAN P.S, AGED ABOUT 51 YEARS, R/A HALESARA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200772, SI NO.177. 45. SRI. RAME GOWDA K.M, S/O. MANJAPPA GOWDA, AGED ABOUT 68 YEARS, R/A MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200779, SI NO.179. 46. SRI. MAHALAKSHMI, W/O. BHASKAR, AGED ABOUT 43 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200794, SI NO.183. 47. SMT. YASHODA, W/O. SURESH K.D, AGED ABOUT 44 YEARS, DEMLAPURA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200795, SI NO.184. - 12 - NC: 2025:KHC:8296 WP No. 35249 of 2024 48. SRI. VARTHESH H, S/O. HALAPPA GOWDA, AGED ABOUT 46 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200814, SI NO.187. 49. SRI. SANTHOSH A.M, S/O. MANJUNATH, AGED ABOUT 43 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200816, SI NO.188. 50. SMT. SARITHA A.M, W/O. MANOJ KUMAR B.N, AGED ABOUT 46 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200817, SL NO.189. 51. SRI. RAGAVENDRA A.M, S/O. MANJUNATH A.D, AGED ABOUT 43 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200818, SL NO.190. 52. SOWMYASHREE H.S., D/O SURYANARAYANBHAT, AGED ABOUT 43 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, - 13 - NC: 2025:KHC:8296 WP No. 35249 of 2024 SHIVAMOGGA DISTRICT - 577 233, SHARE KHATA NUMBER - 2200825, SL NO.195. 53. SMT. YASHODAMMA, W/O. RUKAIAH GOWDA, AGED ABOUT 60 YEARS, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200827, SI NO.196. 54. SRI. EASHWAR, S/O. MUDDAPPA SHETTY, AGED ABOUT 51 YEARS, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200829, SL NO.197. 55. SMT. PUTTAMMA, W/O. THIMMAPPA GOWDA, AGED ABOUT 68 YEARS, MUNDAKA, HADIGALLU POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 233. SHARE KHATA NUMBER - 2200842, SI NO.200. …PETITIONERS (BY SRI. SUNIL KUMAR B N., ADVOCATE) AND: 1. DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. - 14 - NC: 2025:KHC:8296 WP No. 35249 of 2024 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRTHALLI SUB-DIVISION, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 432. 5. THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD AND AGRICULTURE OFFICER, AGRAHARA HOBLI, KONANDURU POST, THIRTHHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. 6. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KONANDURU POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. - 15 - NC: 2025:KHC:8296 WP No. 35249 of 2024 (A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959). REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3 TO R5; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; R6 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNEXURE - B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-6 WHICH IS SCHEDULED TO BE HELD ON 28.12.2024 AND ETC., 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 the following prayers:- "Issue a writ of mandamus directing the respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list produced at Annexure-B and permit the petitioners to cast their votes in the - 16 - NC: 2025:KHC:8296 WP No. 35249 of 2024 elections to the respondent No.6 which is scheduled to be held on 28.12.2024 at Annexure-A". 2. This Court by way of an interim arrangement on 24.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 28.12.2024 subject to final outcome of this petition. 3. Heard Sri Sunil Kumar B.N., learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1, 3 to 5 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.6 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 28.12.2024 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is - 17 - NC: 2025:KHC:8296 WP No. 35249 of 2024 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. 7. 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 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 1 2022 (4) AKR 775 - 18 - NC: 2025:KHC:8296 WP No. 35249 of 2024 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 28.12.2024, 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, 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 petitioners would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. - 19 - NC: 2025:KHC:8296 WP No. 35249 of 2024 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. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA PSJ List No.: 2 Sl No.: 28