- 1 - NC: 2025:KHC:7527 WP No. 3030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3030 OF 2025 (CS-EL/M) BETWEEN: CHIKKABORAIAH S/O.LATE CHOGODAIAH, AGED ABOUT 69 YEARS. R/O. KAMANAKEREHUNDI VILLAGE, RAMMANAHALLI POST, KASABA HOBLI, MYSORE TALUK, MYSORE DISTRICT. MEMBERSHIP NO.3175 LF NO.176/29 …PETITIONER (BY SRI. PATIL SUMANTH KUMAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC, 'A' BLOCK, K.H.ROAD, SHANTHINAGARA, B'LRE 027 RPTD BY ITS COMMISSIONER Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7527 WP No. 3030 of 2025 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE DISTRICT, MYSORE 570001 4. MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK, NIYAMITHA, MYSORE, MYSORE DISTRICT -570001 REPRESENTED BY ITS CEO/SECRETARY REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 5. MANJU. S, RETURNING OFFICER, MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NIYAMITHA, MYSORE DISTRICT-570001 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.4 WHICH IS SCHEDULED TO BE HELD ON 02/02/2025 AS PER ANNEXURE-A. DATED 13/01/2025 AND ETC. - 3 - NC: 2025:KHC:7527 WP No. 3030 of 2025 THIS 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 prayer:- "Issue a writ of mandamus directing the respondent No.2 to 6 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 02.02.2025 Annexure-A" 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 Patil Sumanth Kumar.S, 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 and Sri.S.B.Totad, learned counsel for respondent No.4. - 4 - NC: 2025:KHC:7527 WP No. 3030 of 2025 4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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) (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. 6. Learned counsel for respondent No.4-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. - 5 - NC: 2025:KHC:7527 WP No. 3030 of 2025 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 announce the results of the election, which was scheduled on 02.02.2025. 1 2022 (4) AKR 775 - 6 - NC: 2025:KHC:7527 WP No. 3030 of 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 shall also be taken into account before passing the final orders. - 7 - NC: 2025:KHC:7527 WP No. 3030 of 2025 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 BNV List No.: 2 Sl No.: 15 CT:SNN