- 1 - NC: 2025:KHC:5173 WP No. 34752 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34752 OF 2024 (CS-EL/M) BETWEEN: 1. SMT. REKHA W/O SOMEGOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 563) 2. SMT NEELAMMA W/O RAME GOWDA AGED ABOUT 50 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 494) 3. SRI. YOGESH MR S/O. RANGE GOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 74) 4. SRI. CHOWDE GOWDA M.C AGED ABOUT 72 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 204) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5173 WP No. 34752 of 2024 5. SRI. M.P MAHESH S/O. PUTTE GOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 160) 6. ASHOK M S/O RUDREGOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 211) 7. SRI. SANDEEP M.P S/O. PUTTASWAN GOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 336) 8. SRI. JAVARE GOWDA S/O PUTTASWAME GOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 132) 9. SRI. KRISHNE GOWDA M.S S/O SIDDE GOWDA AGED ABOUT 58 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 135) - 3 - NC: 2025:KHC:5173 WP No. 34752 of 2024 10. SRI. M.D PARAMESH GOWDA S/O. DEVE GOWDA AGED ABOUT 56 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 180) 11. SMT RADHA W/O DHARME GOWDA AGED ABOUT48 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 428) 12. SRI. M.L. CHANDRE GOWDA S/O LINE GOWDA AGED ABOUT 65 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 643) 13. SRI. CHANNE GOWDA M.D S/O. DEVE GOWDA AGED ABOUT 68 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 57) 14. SMT. M.E LEELA W/O SRI CHANNE GOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 66) - 4 - NC: 2025:KHC:5173 WP No. 34752 of 2024 15. SRI. BHOJE GOWDA S/O RANGE GOWDA AGED ABOUT 60 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 195) 16. SMT. ARATHI N W/O ASHOK M AGED ABOUT 48 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 226) 17. SMT. JAYAMMA W/O DODDE GOWDA AGED ABOUT 65 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 315) 18. SRI. LOKESH HN S/O NINGEGOWDA HEJEGNAHALLI AGED ABOUT 52 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 692) 19. SRI HANUMANTHE GOWDA S/O NANJUNDE GOWDA AGED ABOUT 56 YEARS MALALURU POST, MUGATHIHALLI CHIKMAGALURU - 577 133 (SL. NO. 563) - 5 - NC: 2025:KHC:5173 WP No. 34752 of 2024 20. SMT. SUMITHRA W/O HANUMANTHE GOWDA AGED ABOUT 52 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 426) 21. SRI. VENKATESH S/O THAMME GOWDA AGED ABOUT 68 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 159) 22. SRI KRISHNA S.T S/O THIMME GOWDA AGED ABOUT 50 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 450) 23. SMT. SHARADA W/O SANNA THAMME GOWDA AGED ABOUT 49 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 475) 24. SMT. YASHODAMNA W/O PADME GOWDA AGED ABOUT 60 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 641) - 6 - NC: 2025:KHC:5173 WP No. 34752 of 2024 25. SMT. TULASI W/O RAM SINGH AGED ABOUT 40 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 469) 26. SRI PUTTEGOWDA S/O MALLEGOWDA BIGDEVANAHALLI AGED ABOUT 42 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 113) 27. SRI RAME GOWDA KE S/O ERE GOWDA AGED ABOUT 45 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 508) 28. SRI SOME GOWDA K L S/O LANKE GOWDA AGED ABOUT 43 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 338) 29. SRI PRAMOD S/O HIRYAN GOWDA AGED ABOUT 30 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 379) - 7 - NC: 2025:KHC:5173 WP No. 34752 of 2024 30. SRI. SANTHOSH S/O. HUCHE GOWDA AGED ABOUT 48 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 321) 31. SRI RAJE GOWDA S/O CHOWDE GOWDA AGED ABOUT 55 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 519) 32. SMT. PORNIMA W/O RAJE GOWDA AGED ABOUT 40 YEARS MALALURU POST, CHIKMAGALURU - 577 133 (SL. NO. 542) …PETITIONERS (BY SRI. VINOD GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. 'A BLOCK, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. - 8 - NC: 2025:KHC:5173 WP No. 34752 of 2024 3. DEPUTY REGISTRAR/ DISTRICT ELECTION OFFICER, SAHAKARA UNION JYOTHI NAGARA, NEAR ZP CHIKAMAGALURU TOWN, CHIKAMAGALURU DISTRICT - 577 102. 4. SRI. MANJUNATH N, RETURNING OFFICER APPOINTED FOR PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MALALUR, CHIKAMAGALURU TALUK - 577 133. 5. AMABLE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BY ITS CHIEF EXECUTIVE OFFICER MALALUR POST, CHIKAMAGALURU TALUK - 577 133. (KARNATAKA CO-OPERATIVE SOCIETY ACT 1960) …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 - SERVED, 9UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2) (a-iv) AND (a-v) THE KARNATAKA CO OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA 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 - 9 - NC: 2025:KHC:5173 WP No. 34752 of 2024 ORAL ORDER The petitioners are seeking to exercise voting rights by setting aside the inclusion of the petitioners as ineligible by including the names in the ineligible voters list. 2. This Court by way of an interim arrangement on 19.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 05.01.2025 subject to final outcome of this petition. 3. Heard Sri Vinod Gowda, learned counsel for the petitioners, Sri Siddharth Babu Rao, learned AGA for respondent Nos.1, 3 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.5 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 05.01.2025 and the petitioners have cast their votes. - 10 - NC: 2025:KHC:5173 WP No. 34752 of 2024 6. The petitioners are seeking to exercise voting rights by setting aside the inclusion of the petitioners as ineligible by including the names in the ineligible voters list. Learned counsel for the petitioners submits that the petitioners were included in the ineligible voter list for not attending the annual general body meeting as prescribed under the provisions of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short) and availing of a minimum transaction. Learned counsel for the petitioners submits that the petitioners were not heard before including the petitioners in the ineligible voters list, curtailing the right of the petitioners to vote in the election. 7. Whether the petitioners have incurred any disqualification is a disputed question of fact which has not been rebutted by respondent No.5-society who has chosen to remain absent. The dispute relating to the eligibility of the petitioners to vote is a matter which has to be - 11 - NC: 2025:KHC:5173 WP No. 34752 of 2024 adjudicated before the appropriate authority under Section 70 of the Act. 8. The Co-Ordinate Bench of this Court under identical circumstances 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 Act. 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 05.01.2025, if not already announced. 1 2022 (4) AKR 775 - 12 - NC: 2025:KHC:5173 WP No. 34752 of 2024 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. - 13 - NC: 2025:KHC:5173 WP No. 34752 of 2024 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 VS List No.: 2 Sl No.: 44 CT: BHK