- 1 - NC: 2025:KHC:8295 WP No. 3020 of 2025 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. 3020 OF 2025 (CS-EL/M) BETWEEN: 1. MR. GOVINDA @ GOVINDARAJU, AGED ABOUT 50 YEARS, S/O DASAIAH, R/AT B. BETTAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. 2. MR. KESHAVAMURTHY B.R., AGED ABOUT 59 YEARS, S/O RANGANATHAIAH, R/AT B.BETTAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. 3. MR. GOWDAIAH S, AGED ABOUT 72 YEARS, S/O YALAKKI SIDDEGOWDA, R/AT MEGALAKOPPALU VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. 4. MR. RANGASWAMY R, AGED ABOUT 44 YEARS, S/O POTE RAMEGOWDA, R/AT MEGALAKOPPALU VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8295 WP No. 3020 of 2025 5. MR. SHESHAIAH, AGED ABOUT 79 YEARS, S/O CHIKKAPUTTAIAH, R/AT B.BETTAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. 6. MR. JAGADISH KUMAR A.T., AGED ABOUT 45 YEARS, S/O THAMMAIAH, R/AT ATTAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. 7. MR. PANCHALINGE GOWDA M, AGED ABOUT 58 YEARS, R/AT ANKANAHALLI VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK - 571 101. 8. MRS. JAYALAKSHMI, AGED ABOUT 59 YEARS, W/O G.M.GOPAL, R/AT MADIGAHALLI, BANNUR HOBLI, T.NARASIPURA TALUK - 571 101. 9. MR. VIJAY KUMAR, AGED ABOUT 73 YEARS, S/O LATE S.BOREGOWDA, R/AT KETHUPURA VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK - 571 120. 10. MR. BASAVARAJU, AGED ABOUT 65 YEARS, SS/O PUTTARANGAIAH, - 3 - NC: 2025:KHC:8295 WP No. 3020 of 2025 R/AT KETHUPURA VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK - 571 120. 11. MR. SOMANNA, AGED ABOUT 56 YEARS, S/O DODDABORAIAH, R/AT KETHUPURA VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK - 571 120. 12. MR. MAHADEVA, AGED ABOUT 56 YEARS, S/O NALLI SIDDAPPANA KARAGEGOWDA, R/AT KETHUPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK - 571 120. 13. MRS. ROOPAKALA, AGED ABOUT 50 YEARS, W/O SWAMYGOWDA, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK - 571 120. 14. MRS. SOWJANYA, AGED ABOUT 45 YEARS, W/O NAGENDRA K, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK - 571 120. 15. MR. DILEEP KUMAR, AGED ABOUT 40 YEARS, S/O LATE RAMALINGEGOWDA, - 4 - NC: 2025:KHC:8295 WP No. 3020 of 2025 R/AT KAGGALIPURA VILLAGE SOSALE HOBLI, T.NARASIPURA TALUK - 571 120. 16. MR. CHANDRASHEKAR K.M, AGED ABOUT 43 YEARS, S/O MAHADEVA, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK - 571 120. 17. MR. MAHESH M, AGED ABOUT 64 YEARS, S/O MADEGOWDA, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK - 571 120. 18. MR. SHEKARA, AGED ABOUT 57 YEARS, S/O SANNAMADAIAH R, R/AT T. NARASIPURA TOWN - 571 124. 19. MR. NANJUND P, AGED ABOUT 61 YEARS, S/O PUTTAMADEGOWDA, R/AT T.NARASIPURA TOWN - 571 124. 20. MRS. RATHNARAJ B, AGED ABOUT 69 YEARS, S/O BABURAO, R/AT T. NARASIPURA TOWN - 571 124. 21. MR. NANJUNDASWAMY T.M, AGED ABOUT 48 YEARS, - 5 - NC: 2025:KHC:8295 WP No. 3020 of 2025 S/O MAHADEVA, R/AT T. NARASIPURA TOWN - 571 124. …PETITIONERS (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COOPERATION, M.S. BUILDING, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE COOPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY. 3. T. NARASIPURA TALUK PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK (L), T. NARASIPURA TALUK, MYSURU DISTRICT - 571 101. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, A SOCIETY REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETY ACT 1959. 4. THE RETURNING OFFICER, T. NARASIPURA TALUK PRIMARY COOPERATIVE AGRICULTURAL AND RURAL - 6 - NC: 2025:KHC:8295 WP No. 3020 of 2025 DEVELOPMENT BANK (L), T. NARASIPURA TALUK - 571 101. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R4; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; R3 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AT ANNEXURE - C AND PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO THE R-3 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 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 for the following prayer:- "Issue a writ of mandamus directing the respondents to include the name of the petitioners in the final eligible voters list at Annexure-C and permit the petitioners to cast their votes in the elections to the respondent No.3-Society which is scheduled to be held on 02.02.2025 at Annexure-A". - 7 - NC: 2025:KHC:8295 WP No. 3020 of 2025 2. This Court by way of an interim arrangement on 01.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition. 3. Heard Sri Mohana Chandra.P., learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.3 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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 issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents - 8 - NC: 2025:KHC:8295 WP No. 3020 of 2025 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 is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:8295 WP No. 3020 of 2025 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 02.02.2025. 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, 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. - 10 - NC: 2025:KHC:8295 WP No. 3020 of 2025 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.: 33