- 1 - NC: 2025:KHC:8286 WP No. 4453 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.4453 OF 2025 (CS-EL/M) BETWEEN: 1. VENKATESH S/O. CHIKKAVENKATAPPA AGED ABOUT 60 YEARS, SHARE NO.47/55 R/O SULUKUNTE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT - 561204. 2. KUNNAPPA S/O. ERANNA AGED ABOUT 83 YEARS, SHARE NO. 176/36 R/O SULUKUNTE VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT - 561204. 3. KRISHNAPPA S/O. NYATHAPPA AGED ABOUT 55 YEARS, SHARE NO.230/40 R/O GUMMANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT - 561204. 4. SIDDAGANGAPPA S/O. NYATHAPPA AGED ABOUT 65 YEARS, SHARE NO. 206/40 R/O GUMMANAHALLI VILLAGE DODDABALLAPURA TALUK Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8286 WP No. 4453 of 2025 BANGALURU RURAL DISTRICT - 561204. 5. THIMMAIAH S/O PAPAYYA AGED ABOUT 56 YEARS, SHARE NO.64/48 R/O GUMMANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 6. HANUMAIAH S/O. HANUMANTHARAYAPPA AGED ABOUT 71 YEARS, SHARE NO.205/40 R/O GUMMANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 7. CHIKKAHANUMAIHA S/O. ANJANAPPA, AGED ABOUT 70 YEARS, SHARE NO.106/41, R/O GANADALU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 8. HANUMANTARAYAPPA S/O. HUNUMAYYA, AGED ABOUT 56 YEARS, SHARE NO.224/42 R/O SASALU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 9. RAMAKKA W/O. VERANNA, AGED ABOUT 73 YEARS, SHARE NO. 86/45 R/O SASALU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 10. HANUMANTHARAYAPPA S/O. VEERABHADRAYYA AGED ABOUT 68 YEARS, SHARE NO.027/43, - 3 - NC: 2025:KHC:8286 WP No. 4453 of 2025 R/O SASALU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 11. GANGAYYA S/O. DODAGANGAYYA AGED ABOUT 61 YEARS, SHARE NO. 08/41 R/O BOVIPAIYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 12. YENJARAPPA S/O. RANGAYYA, AGED ABOUT 65 YEARS, SHARE NO.236/63 R/O KONENAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 13. NAGAMMA W/O. MUTTARAYAPPA, AGED ABOUT 71 YEARS, SHARE NO.74/60 R/O DASARAPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 14. SAAKARANGAMMA @RAJAMMA W/O. VENKATAPPA AGED ABOUT 70 YEARS, SHARE NO. 082/40 R/O THAMBENAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 15. RATHNAMMA W/O MURADAPPA, AGED ABOUT 42 YEARS, SHARE NO. 127/56, R/O SASALU VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 - 4 - NC: 2025:KHC:8286 WP No. 4453 of 2025 16. HANUMANTHARAYAPPA S/O. MARAHANUMAIAH AGED ABOUT 60 YEARS, SHARE NO. 102/51 R/O KANIKENAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 17. MUDLAPPA S/O. LATE LAKKANNA AGED ABOUT 65 YEARS, SHARE NO.001/61 R/O DASARPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 18. MUTHARAYAPPA S/O. LATE DODDALAKKAPPA AGED ABOUT 70 YEARS, SHARE NO.075/60 R/O DASARPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 19. GOVINDARAJU D.M., S/O. MUTHARAYAPPA AGED ABOUT 39 YEARS, SHARE NO. 166/63 R/O DASARAPALYA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 20. DODDAIAH M. S/O. MUTTAHANUMAIAH AGED ABOUT 65 YEARS, SHARE NO. 136/51 R/O. MALEGOWDANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 21. NANJAPPA S/O. BUDDAYYA - 5 - NC: 2025:KHC:8286 WP No. 4453 of 2025 AGED ABOUT 75 YEARS, SHARE NO. 046/12 R/O KANGALPURA VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 22. VENKATESH S/O. VEERAMALLAIAH AGED ABOUT 75 YEARS, SHARE NO. 184/55 R/O MUDLAKALENAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 23. PUTTANNA G S/O. GANGAPPA, AGED ABOUT 75 YEARS, SHARE NO. 064/52 R/O GUMMANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALURU RURAL DISTRICT-561204 …PETITIONERS (BY SRI. JAGADEESH.H.T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING. BENGALURU-560010. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR, TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU-560027, REP. BY ITS COMMISSIONER. - 6 - NC: 2025:KHC:8286 WP No. 4453 of 2025 3. THE ELECTION OFFICER AND THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, BENGALURU-560001. 4. THE RETURNING OFFICER, DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LIMITED, DODDABALLAPURA-561203, BENGALURU RURAL DISTRICT. 5. DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LIMITED REGISTERED CO-OPERATIVE BANK, DODDABALLAPURA-561203, BENGALURU RURAL DISTRICT, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. YOGESH.D.NAIK, AGA FOR R1, R3 & R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; R5 - SERVED & UNREPRESNTED) THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INELIGIBLE VOTERS LIST OF SASALU CONSTITUENCY DATED NIL, VIDE ANNEXURE-C, 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 ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:8286 WP No. 4453 of 2025 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 WRIT OF CERTIORARI, quashing the ineligible voters' list of Sasalu constituency; dated nil, vide Annexure-C, of the respondent No.5-Doddaballapura Taluk Primary Co- operative Agriculture & Rural Development Bank Liited, 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 Sasalu constituency of respondent No.5-Bank." - 8 - NC: 2025:KHC:8286 WP No. 4453 of 2025 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 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) - 9 - NC: 2025:KHC:8286 WP No. 4453 of 2025 (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 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: 1 2022 (4) AKR 775 - 10 - NC: 2025:KHC:8286 WP No. 4453 of 2025 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 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. - 11 - NC: 2025:KHC:8286 WP No. 4453 of 2025 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. 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.: 17