- 1 - NC: 2025:KHC:8047 WP No. 1889 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1889 OF 2025 (CS-EL/M) BETWEEN: 1. CHANDRASHEKAR K S/O KRISHNAPPA, AGED ABOUT 45 YEARS. 2. NAGARAJU A, S/O LATE ANJINAPPA AGED ABOUT 70 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 3. VENKATESH MURTHY S/O LATE GOVINDA RAO R AGED ABOUT 50 YEARS. 4. VENKATESH, S/O LATE AVALALAPPA AGED ABOUT 62 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 5. KRISHNA MURTHY, S/O LATE CHOWDAPPA AGED ABOUT 63 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 6. RAMESH, S/O LATE NARASIMHAPPA AGED ABOUT 55 YEARS, 7. RAJESHWARI, W/O MUNIRAJ AGED ABOUT 47 YEARS. 8. NARAYANAMMA, D/O KEMPANNA, AGED ABOUT 64 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 9. SUBBA RAO, S/O LATE RAMA RAO AGED ABOUT 66 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8047 WP No. 1889 of 2025 (SENIOR CITIZENSHIP NOT CLAIMED) 10. MUNE GOWDA, S/O LATE MOTAPPA, AGED ABOUT 51 YEARS. 11. LAKSHMAMMA, W/O LATE NANJUNDAPPA AGED ABOUT 67 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 12. KRISHNAPPA, S/O LATE MUNEJAPPA, AGED ABOUT 64 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 13. JAYAMMA, W/O KRISHNAPPA, AGED ABOUT 63 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 14. LAKSHMAMMA, W/O LATE NARAYANASWAMY, AGED ABOUT 54 YEARS. 15. MANJULA, W/O KRISHNAMURTHY, AGED ABOUT 48 YEARS. 16. VINODAMMA, W/O SUBBA RAO R, AGED ABOUT 54 YEARS. 17. MUNIRAJA, S/O. LATE NANJAPPA, AGED ABOUT 55 YEARS. 18. GOWRAMMA, W/O RAMAIAH, AGED ABOUT 61 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 19. KRISHNAMMA, D/O LATE KEMPANNA, AGED ABOUT 62 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 20. MUNIYAPPA C, S/O LATE CHIKKANNA, AGED ABOUT 55 YEARS. 21. SAAB JISAB, LATE BASHA SAAB, AGED ABOUT 72 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) - 3 - NC: 2025:KHC:8047 WP No. 1889 of 2025 22. GOWRAMMA, W/O LATE MUNIYAPPA C S, AGED ABOUT 58 YEARS. 23. MUNIYAPPA, S/O LATE MUNEJAPPA, AGED ABOUT 61 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 24. BHAGYAMMA, W/O MUNIYAPPA, AGED ABOUT 50 YEARS. 25. LAKSHMAMMA, W/O KRISHNAPPA, AGED ABOUT 54 YEARS. 26. LAKSHMAMMA, W/O LATE MUNIYAPPA, AGED ABOUT 69 YEARS (SENIOR CITIZENSHIP NOT CLAIMED) 27. MUNITAYAMMA, W/O HANUMANTHAPPA, AGED ABOUT 70 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 28. SONNAPPA, S/O LATE RAMAIAH, AGED ABOUT 72 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 29. CHIKKAKAMMA, W/O MARAPPA, AGED ABOUT 62 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 30. SHANTHAMMA, W/O A NAGARAJU, AGED ABOUT 61 YEARS (SENIOR CITIZENSHIP NOT CLAIMED) 31. TAMME GOWDA, S/O ANJINAPPA, AGED ABOUT 50 YEARS. 32. SUNANDAMMA, W/O SONNAPPA, AGED ABOUT 66 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) - 4 - NC: 2025:KHC:8047 WP No. 1889 of 2025 33. RATNAMMA, W/O LATE ANJINAPPA, AGED ABOUT 71 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 34. MUNIRAJU M, S/O LATE MUNIKALLAPPA, AGED ABOUT 72 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) 35. SRINIVAS, S/O LATE MUNIHSAMAPPA, AGED ABOUT 47 YEARS. 36. MANJULAMMA, W/O MUNIRAJU R AGED ABOUT 50 YEARS. 37. ANUSUYAMMA, W/O SRINIVAS, AGED ABOUT 46 YEARS. 38. ASLAM PASHA, S/O SAAB JISAB AGED ABOUT 48 YEARS. 39. MUNE GOWDA K, S/O LATE KRISHNAPPA, AGED ABOUT 51 YEARS. 40. KANTHA, W/O CHANDREGOWDA, AGED ABOUT 40 YEARS. ALL ARE RESIDING AT CHIKKAGATTIGANABBE VILLAGE, HOSAKOTE TALUK, BANGALORE RURAL, BANGALORE 562-114 PETITIONER NO.1 TO 40 ARE MEMBERS OF THE CHIKKAGATTINABBE MILK PRODUCERS CO-OPERATIVE SOCIETY. …PETITIONERS (BY SRI RAHUL S REDDY, ADVOCATE) - 5 - NC: 2025:KHC:8047 WP No. 1889 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R AMBEDKARVEEDHI BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTME 'A' BLOCK K.H.ROAD, SHANTHINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DIVISION, NO. 1, ALI ASKER ROAD, VASANTHNAGAR, BANGALORE - 560 052. 4. CHIKKAGATTINABBE MILK PRODUCERS CO-OPERATIVE SOCIETY, HOSKOTE TALUK, BANGALORE RURAL, BANGALORE 562 114 REPRESENTED BY ITS CEO/SECRETARY, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 5. LATHA R, RETURNING OFFICER, CHIKKAGATTINABBE MILK PRODUCERS CO-OPERATIVE SOCIETY, HOSKOTE TALUK BANGALORE RURAL, BANGALORE - 562 114. 6. VENKATESHAPPA S/O ERANNA MAJOR CHIKKAGATINABBE VILLAGE DODDAGATINABBE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. 7. RAMANNA S/O LATE SONNAPPA MAJOR CHIKKAGATINABBE VILLAGE DODDAGATINABBE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. - 6 - NC: 2025:KHC:8047 WP No. 1889 of 2025 8. BYRE GOWDA S/O PAPANNA MAJOR CHIKKAGATINABBE VILLAGE DODDAGATINABBE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. 9. KRISHNA MURTHY S/O KANTAPPA MAJOR CHIKKAGATINABBE VILLAGE DODDAGATINABBE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. 10. THAMMANNA S/O CHIKKASHOWDAPPA MAJOR CHIKKAGATINABBE VILLAGE DODDAGATINABBE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI CHANDRAKANTH R PATIL, ADVOCATE FOR R-4; SRI KIRAN R, ADVOCATE FOR R-6 TO R-10) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE R-4 WHICH IS SCHEDULED TO BE HELD ON 26.01.2025. 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 - 7 - NC: 2025:KHC:8047 WP No. 1889 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- "i. Issue a writ of mandamus directing the Respondent No.2 to 5 to include the name of the petitioners in the eligible voters list and permit the petitioners to vote in the elections to the Respondent No.4 which is scheduled to be held on 26/1/2025 in the interest of justice and equity. ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued." 2. This Court by way of an interim arrangement on 24.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 26.01.2025 subject to final outcome of this petition. 3. Heard Sri Rahul S. Reddy, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.2, Sri Chandrakanth R. Patil, - 8 - NC: 2025:KHC:8047 WP No. 1889 of 2025 learned counsel for respondent No.4 and Sri Kiran .R, learned counsel for respondent Nos.6 to 10. 4. Counsel for the petitioners submits that the election has been held as scheduled on 26.01.2025 and the petitioners have cast their votes. 5. 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 have acted against mandate requirement of Rule 13-D 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. 6. Learned counsel for respondent No.4-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and - 9 - NC: 2025:KHC:8047 WP No. 1889 of 2025 cast votes of the petitioners to be included while counting and the results to be announced. 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). 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: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:8047 WP No. 1889 of 2025 announce the results of the election, which was scheduled on 26.01.2025. 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, 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 - 11 - NC: 2025:KHC:8047 WP No. 1889 of 2025 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 MBM CT:DN List No.: 2 Sl No.: 22