- 1 - NC: 2025:KHC:7433 WP No. 2411 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. 2411 OF 2025 (CS-EL/M) BETWEEN: 1. KRISHNA C S/O DEVEGOWDA @ CHIKKANNA AGE ABOUT 52 YEARS MEMBERSHIP NO.1046 2. JAYARAM.H.D S/O HANUMEGOWDA AGE ABOUT 48 YEARS MEMBERSHIP NO.1050 3. SURESH S/O BORAIAH AGE ABOUT 49 YEARS MEMBERSHIP NO.1065 4. CHIKKA HONNAMMA W/O CHIKKA PUTTAIAH AGE ABOUT 51 YEARS MEMBERSHIP NO.1120 5. VISHALA S/O SURESHA AGE ABOUT 45 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7433 WP No. 2411 of 2025 MEMBERSHIP NO.2045 MYSURU-570001. 6. NARAYANA S/O LATE NINGEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.3000 7. SAMPATH.N S/O NANJUNDAIAH AGE ABOUT 45 YEARS MEMBERSHIP NO.3330 8. SHIVALINGEGOWDA S/O HANUMATHAIAH AGE ABOUT 47 YEARS MEMBERSHIP NO.3345 9. RAJU S/O CHIKKAPUTTAIAH AGE ABOUT 42 YEARS MEMBERSHIP NO.3352 10. RAMESH S/O CHIKKAMOOGAIAH AGED ABOUT 51 YEARS MEMBERSHIP NO.3377 11. PRASANNA S/O CHIKKANNA AGE ABOUT 48 YEARS MEMBERSHIP NO.3401 - 3 - NC: 2025:KHC:7433 WP No. 2411 of 2025 12. CHANDRA S/O PUTTALINGAIAH AGE ABOUT 53 YEARS MEMBERSHIP NO.3408 13. CHIKKA TAYAMMA S/O PUTTALINGAIAH AGE ABOUT 47 YEARS MEMBERSHIP NO.3411 14. GOPALA.H S/O LATE HANUMAIAH AGE ABOUT 47 YEARS MEMBERSHIP NO.360 15. NARAYANAPPA S/O KARAGAIAH AGE ABOUT 48 YEARS MEMBERSHIP NO.403 16. SOMESHEKHAR S/O MAHADEVU AGE ABOUT 50 YEARS MEMBERSHIP NO.4112 17. RAGHAVENDRA S/O MAHADEVU AGE ABOUT 48 YEARS MEMBERSHIP NO.4116 18. RAMANNA S/O LATE HANUMAIAH @ HANUMEGOWDA - 4 - NC: 2025:KHC:7433 WP No. 2411 of 2025 AGED ABOUT 51 YEARS MEMBERSHIP NO.4252 19. SAVITRAMMA W/O NANJAIAH AGE ABOUT 49 YEARS MEMBERSHIP NO.4726 20. CHIKKAHANUMEGOWDA S/O HANUMEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.5094 21. VIJENDRA S/O CHELUVAPPA AGE ABOUT 45 YEARS MEMBERSHIP NO.85 22. LINGAMMA.K. W/O VENKATEGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO.4172 23. MANJUNATHA M S/O MAHADEVA M AGE ABOUT 45 YEARS MEMBERSHIP NO.4173 24. SHIVAKUMARA S/O MAHADEVA M AGE ABOUT 50 YEARS MEMBERSHIP NO.4174 - 5 - NC: 2025:KHC:7433 WP No. 2411 of 2025 25. MAHADEVU M S/O MANCHAIAH AGE ABOUT 56 YEARS MEMBERSHIP NO.3259 ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU DISTRICT, MYSURU-570 001 ...PETITIONERS (BY SRI. SANDESH T B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU DISTRICT-570001 - 6 - NC: 2025:KHC:7433 WP No. 2411 of 2025 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU DISTRICT-570001 5. MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU DISTRICT MYSURU-570001. REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU DISTRICT MYSURU-570001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 VIDE (ANNEXURE-A) AND ETC. - 7 - NC: 2025:KHC:7433 WP No. 2411 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 prayers:- "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 contest and votes in the elections to the respondent No.5 which is scheduled to be held on 02.02.2025 vide Annexure-A" 2. This Court by way of an interim arrangement on 29.01.2025 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 Sandesh.T.B, learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel - 8 - NC: 2025:KHC:7433 WP No. 2411 of 2025 for respondent No.2 and Sri S.B.Totad, learned counsel for respondent No.5. 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.3-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and - 9 - NC: 2025:KHC:7433 WP No. 2411 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. 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:7433 WP No. 2411 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 02.02.2025. 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 - 11 - NC: 2025:KHC:7433 WP No. 2411 of 2025 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 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.: 5 CT:SNN