- 1 - NC: 2025:KHC:8210 WP No. 4538 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. 4538 OF 2025 (CS-EL/M) BETWEEN: 1. RAJASHEKHARAIAH. S S/O. SIDDAGANGAIAH.M AGED ABOUT 61 YEARS, SHARE NO. 192/54, R/O AMBALAGERE VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 204. 2. CHANNAHANUMAIAH, S/O. HUCHAIAH AGED ABOUT 67 YEARS, SHARE NO. 184/36, R/O KASAGHATTA VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 204. 3. SAVANDAIAH. K.V. S/O. VEERANNA. K. AGED ABOUT 54 YEARS, SHARE NO. 097/2, R/O KASAGHATTA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT - 561 204. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8210 WP No. 4538 of 2025 4. MUNIYAPPA M. S/O. MARAPPA, AGED ABOUT 55 YEARS, SHARE NO. 182/52, R/O GANDRAGOLIPURA VILLAGE DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 5. ASHWATHAIAH H, S/O HUNUMANTHEGOWDA .B. AGED ABOUT 66 YEARS, SHARE NO. 145/55, R/O ISTHUR VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 6. SHIVARAJAMMA, W/O GOPALAKRISHNAIAH, AGED ABOUT 65 YEARS, SHARE NO. 014/66 R/O MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 7. NARAYANAPPA C S/O CHIKKA ARASAPPA, AGED ABOUT 71 YEARS, SHARE NO. 183/64 R/O MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 8. GANGARAJU, S/O KEMPAIAH, AGED ABOUT 74 YEARS, SHARE NO. 203/42, - 3 - NC: 2025:KHC:8210 WP No. 4538 of 2025 R/O BANDAYYANA PALYA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 9. NARASIMAIAH K. S/O KAMBHAIAH, AGED ABOUT 86 YEARS, SHARE NO. 243/6, R/O BANDAYYANA PALYA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 10. LINGAPPA, S/O KARIYAPPA, AGED ABOUT 92 YEARS, SHARE NO. 037/11, R/O RAMADEVANAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 11. SIDDAMMA, W/O MUNILAKSHMAIAH, AGED ABOUT 72 YEARS, SHARE NO. 043/55, R/O RAMADEVANAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 12. THIMMAPPA, S/O LATE MURUDAIAH, AGED ABOUT 85YEARS, SHARE NO. 076/41, R/O HONNAVARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. - 4 - NC: 2025:KHC:8210 WP No. 4538 of 2025 13. ASHWATHAIAHA C. S/O LATE. KADARAIAH, AGED ABOUT 70 YEARS, SHARE NO. 077/41 R/O SIMPADIPURA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 14. RAJANNA M, S/O MAHIMANNA, AGED ABOUT 75 YEARS, SHARE NO. 112/42, R/O SIMPADIPURA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 15. ANUSUYAMMA, W/O ANJINAPPA, AGED ABOUT 75 YEARS, SHARE NO. 200/55, R/O KENJIGANAHANAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 16. SIDDHAGANGAIAH, S/O LATE SIDDABALAIAH, AGED ABOUT 88 YEARS, SHARE NO. 196/6, R/O NAGENAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 17. BYARANNA, S/O CHIKKABYRANNA, AGED ABOUT 60 YEARS, - 5 - NC: 2025:KHC:8210 WP No. 4538 of 2025 SHARE NO. 132/11, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 18. SIDDAPPA P, S/O PUTTAIAH, AGED ABOUT 75 YEARS, SHARE NO. 055/54, R/O KATTIHOSAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 19. VENKATASHAMAIAH, S/O NARASAHANUMAIAH, AGED ABOUT 65 YEARS, SHARE NO. 117/55, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 20. RAMKRISHNAIAH, S/O LAKSHIMINARASIMAIAH, AGED ABOUT 70 YEARS, SHARE NO. 209/54, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 21. KEMPAHANUMAIAH S/O HANUMANTHAIAH, AGED ABOUT 75 YEARS, SHARE NO. 131/55, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. - 6 - NC: 2025:KHC:8210 WP No. 4538 of 2025 22. SOWBHAGYAMMA, W/O DODDATHIMMAIAH, AGED ABOUT 60 YEARS, SHARE NO. 143/55, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 23. NANJAMMA, W/O GANGANARASAPPA, AGED ABOUT 71 YEARS, SHARE NO. 024/54, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 24. VENKATASHAMAIAH, S/O VENKATA BHOVI, AGED ABOUT 80 YEARS, SHARE NO. 164/8, R/O TUBGUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 25. MURTHY M, S/O MUTHANJINAPPA, AGED ABOUT 45 YEARS, SHARE NO. 020/61, R/O HUNASEPALYA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 26. LINGAIAH R, S/O RUDRAPPA, - 7 - NC: 2025:KHC:8210 WP No. 4538 of 2025 AGED ABOUT 56 YEARS, SHARE NO. 117/57, R/O HUNASEPALYA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 27. KEMPA VENKATAIAH, S/O TIRUMALAIAH, AGED ABOUT 70 YEARS, SHARE NO. 198/51, R/O HULIKUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 28. KEMPARAMAIAHA, S/O CHIKKARAMAIAH, AGED ABOUT 70 YEARS, SHARE NO. 036/43, R/O HULIKUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 29. SHESHACHALAIAH, S/O THIMMADASAIAH, AGED ABOUT 65 YEARS, SHARE NO. 169/37, R/O HULIKUNTE VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. 30. SHIVARUDRAIAH, S/O VEERABADRAIAH, AGED ABOUT 61 YEARS, SHARE NO. 179/4, R/O DYAVASANDRA VILLAGE, - 8 - NC: 2025:KHC:8210 WP No. 4538 of 2025 DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. …PETITIONERS (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU - 560 010. 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE ELECTION OFFICER AND THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, BENGALURU - 560 001. 4. THE RETURNING OFFICER, DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA - 561 203, BENGALURU RURAL DISTRICT. 5. DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, REGISTERED CO-OPERATIVE BANK, DODDABALLAPURA - 561 203, BENGALURU RURAL DISTRICT, REPRESENTED BY ITS MANAGER. - 9 - NC: 2025:KHC:8210 WP No. 4538 of 2025 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST OF MADHURE CONSTITUENCY DATED NIL, VIDE ANNEXURE-C, AND THE DEFAULTERS LIST OF MADHURE CONSTITUENCY DATED NIL, VIDE ANNX-D OF THE RESPONDENT NO.5-DODDABALLAPURA TALUK PRIMARY CO- OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA, BENGALURU RURAL DISTRICT, AS FAR AS IT RELATES TO THE PETITIONERS 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 prayers:- (a) Issue a Writ, order or direction, in the nature of a WRIT OF CERTIORARI, quashing the ineligible voters' list of Madhure constituency, dated nil, vide Annexure-C, and the defaulters - 10 - NC: 2025:KHC:8210 WP No. 4538 of 2025 list of Madhure constituency; dated nil, vide Annexure-D of the respondent No.5- Doddaballpura Taluk Primary Co-operative Agriculture & Rural Development Bank Limited, Doddaballapura, Bengaluru Rural District, as far as it relates to the petitioners. (b) Issue a Writ, order or direction, in the nature of a WRIT OF MANDAMUS, directing the respondent Nos.3 and 4 to conduct the elections to the respondent No.5- Doddaballapura Taluk Primary Co-operative Agriculture & Rural Development Bank Limited, Doddaballapura, Bengaluru Rural District, scheduled to be held on 16.02.2025, by including the names of the petitioners in the eligible voters list of Madhure constituency of respondent No.5-Bank produced at Annexure-A". 2. This Court by way of an interim arrangement on 14.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 16.02.2025 subject to final outcome of this petition. - 11 - NC: 2025:KHC:8210 WP No. 4538 of 2025 3. Heard Sri Jagadeesh H.T., learned counsel for the petitioners, Sri Yogesh D.Naik, 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 16.02.2025 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 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. - 12 - NC: 2025:KHC:8210 WP No. 4538 of 2025 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: ORDER i. Writ petition is disposed of. 1 2022 (4) AKR 775 - 13 - NC: 2025:KHC:8210 WP No. 4538 of 2025 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 16.02.2025. 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. 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 - 14 - NC: 2025:KHC:8210 WP No. 4538 of 2025 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 votes 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.: 41