- 1 - NC: 2025:KHC:8285 WP No. 4539 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. 4539 OF 2025 (CS-EL/M) BETWEEN: 1. RUDRAIAH S/O CHIKKANNA, AGED ABOUT 55 YEARS, SHARE NO.2054 2. VENKATAPPA S/O THIMMAIAH AGED ABOUT 65 YEARS, SHARE NO.8676 3. CHANNABASAVAIAH S/O BASAPPA AGED ABOUT 85 YEARS, SHARE NO.790 4. LAKSHMAMMA W/O ANJANAPPA AGED ABOUT 65 YEARS, SHARE NO.4574 5. RAMAKRISHNAIAH S/O GANGAIAH AGED ABOUT 62 YEARS, SHARE NO.4210 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8285 WP No. 4539 of 2025 6. BYLAPPA S/O NARASAMUTHAIAH AGED ABOUT 74 YEARS, SHARE NO.2099 7. VENKATESH S/O VEERAMALLAIAH AGED ABOUT 54 YEARS, SHARE NO.2212 8. B. S BASAVARAJU M S/O MUDDAIAH A GED ABOUT 58 YEARS, SHARE NO.7983 9. GANGADHARAIAH B V S/O LATE VENKATAPPA AGED ABOUT 55 YEARS SHARE NO.833 10. NARAYANAPPA S/O LATE JALARI NARASIMHA GOWDA AGED ABOUT 52 YEARS, SHARE NO.7015 11. GANGAMMA W/O LATE JALARI NARASIMHA GOWDA AGED ABOUT 85 YEARS, SHARE NO. 7535 12. JULAPPA S/O LATE MUTHANARASAPPA AGED ABOUT 65 YEARS, SHARE NO.1035 - 3 - NC: 2025:KHC:8285 WP No. 4539 of 2025 13. GANGAMUTHAIAH K S/O KEMPARANGAIAH AGED ABOUT 72 YEARS, SHARE NO.6276 14. ANAND KUMAR S/O LATE MURTHY K V AGED ABOUT 45 YEARS, SHARE NO.2247 15. RAVISHANKAR KM S/O LATE MURTHY K V AGED ABOUT 45 YEARS, SHARE NO.2233 16. NANJAPPA S/O BUDDAIAH AGED ABOUT 67 YEARS, SHARE NO.4644 17. BASAVARAJAIAH S/O MARAHANUMAIAH AGED ABOUT 65 YEARS, SHARE NO.2193 18. BASAPPA S/O BYLANJANAPPA AGED ABOUT 60 YEARS, SHARE NO.2113 19. ANJANAPPA S/O LATE MUNISHYAMAPPA AGED ABOUT 60 YEARS, SHARE NO.1996 - 4 - NC: 2025:KHC:8285 WP No. 4539 of 2025 20. GANGAMMA W/O ARASAPPA AGED ABOUT 68 YEARS, SHARE NO.2222 21. NAGANNA S/O PUTTAIAH AGED ABOUT 68 YEARS, SHARE NO.787 22. ARASAPPA S/O ERANNA AGED ABOUT 85 YEARS, SHARE NO.7882 23. KAMALAMMA W/O SHIVARUDRAIAH AGED ABOUT 60 YEARS, SHARE NO.11814 24. PUTTATHIMMAIAH S/O THIMMAIAH AGED ABOUT 70 YEARS, SHARE NO.10262 25. DODDAIAH M S/O MUNIHANUMAIAH AGED ABOUT 60 YEARS, SHARE NO.1570 26. HANUMATIATH S/O RANGABATTAIAH AGED ABOUT 75 YEARS SHARE NO.396 - 5 - NC: 2025:KHC:8285 WP No. 4539 of 2025 27. ARASAPPA W/O CHIKKEGONDA AGED ABOUT 70 YEARS, SHARE NO.678 28. NAGANNA S/O DODDACHOWDAPPA AGED ABOUT 66 YEARS, SHARE NO.1316 ALL PETITIONERS ARE THE MEMBER OF TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA BENGALURU RURAL DISTRICT-561203 …PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU -560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER, - 6 - NC: 2025:KHC:8285 WP No. 4539 of 2025 DC OFFICE PREMISES, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110 4. RETURNING OFFICER, TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203 5. TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R3 SERVED AND UNREPRESENTED) 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 NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 16.02.2025 AS PER THE CALENDAR OF EVENTS PRODUCED AT ANNEXURE-A AND ETC. - 7 - NC: 2025:KHC:8285 WP No. 4539 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 5 to include the name of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections to the respondent No.5 which is scheduled to be held on 16.02.2025 as per the calendar of events 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. 3. Heard Sri Devi Prasad Shetty, 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. - 8 - NC: 2025:KHC:8285 WP No. 4539 of 2025 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) (5)(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 - 9 - NC: 2025:KHC:8285 WP No. 4539 of 2025 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 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 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:8285 WP No. 4539 of 2025 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. vi. The votes cast by the petitioners shall be kept in a separate sealed box after counting. - 11 - NC: 2025:KHC:8285 WP No. 4539 of 2025 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.: 20