- 1 - NC: 2025:KHC:8298 WP No. 2584 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. 2584 OF 2025 (CS-EL/M) BETWEEN: 1. RAMACHANDRA A., S/O. SRI. ANNAPPA GOWDA, AGED ABOUT 70 YEARS, R/AT NO.59, MAKKIBAILU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200407, SI NO. 6. 2. SUSHEELAMMA, C/O. DEVAPPA GOWDA, AGED ABOUT 55 YEARS, R/AT. KALGADDE VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200425, SI NO.08. 3. MAHESHA S.Y, S/O. YOGENDRAPPA S.B, AGED ABOUT 55 YEARS, R/AT SHANKARALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO. 2200442, SL NO.10. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8298 WP No. 2584 of 2025 4. MANJUNATHA SHETTY, S/O. SADASHIVA SHETTY J.M, AGED ABOUT 56 YEARS, R/AT KOLIGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200534, SL NO.17. 5. SHARADAMMA, C/O. SIDDAPPA GOWDA, AGED ABOUT 65 YEARS, R/AT. KOLIGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200577, SI NO.18. 6. SHAKUNTHALA, C/O. SOMAPPA GOWDA K.T, AGED ABOUT 55 YEARS, R/AT. DINDINAKOPPA, SHIVAMOGGA DISTRICT - 577 422. KONANDUR POST, THIRTHAHALLI TALUK, SHARE NO.2200583, SI NO.19. 7. APOORVA SHARADHI M.R, C/O.POORNESH A.C, AGED ABOUT 45 YEARS, MAKKIBAILU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200642, SI NO.24. 8. JAYARAMA SHETTY, S/O THIMMAIAH SHETTY, AGED ABOUT 57 YEARS, R/AT. KALGUDDA, - 3 - NC: 2025:KHC:8298 WP No. 2584 of 2025 KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200664, SI NO.26. 9. MANJUNATHA A.B., S/O. BOJA SHETTY, AGED ABOUT 53 YEARS, R/AT. KALGUDDA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200703, SL NO.29. 10. SITHARAMA SHETTY, S/O. JANAKARAYA SHETTY, AGED ABOUT 57 YEARS, R/AT. SONAGARAKERI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200724, SL.NO.31. 11. SOME GOWDA, S/O. YOGE GOWDA, AGED ABOUT 61 YEARS, R/AT. MAKKIBAILU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200760, SL NO.34. 12. SRIMATHI, D/O. K. N. RAMAKRISHNA, AGED ABOUT 43 YEARS, R/AT. MANGALA ROAD, - 4 - NC: 2025:KHC:8298 WP No. 2584 of 2025 KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200768, SL.NO.36. …PETITIONERS (BY SRI. ANIL C.K., ADVOCATE) AND: 1. DEPARTMENT OF CO-OPERATION, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRTHALLI SUB-DIVISION, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 432. - 5 - NC: 2025:KHC:8298 WP No. 2584 of 2025 5. THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., AND AGRICULTURE OFFICER, AGRAHARA HOBLI, KONANDURU POST, THIRTHHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. 6. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KONANDURU POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. (A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959). REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3 TO R5; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R; R6 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNEXURE - B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R6 WHICH IS SCHEDULED TO BE HELD 02/02/2025 AND ETC., - 6 - NC: 2025:KHC:8298 WP No. 2584 of 2025 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 the following prayer:- "Issue a writ of mandamus directing the respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list at Annexure-B and permit the petitioners to cast their votes in the elections to the respondent No.6 which is scheduled to be held on 02.02.2025 at Annexure-A". 2. This Court by way of an interim arrangement on 30.01.2025 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 Anil C.K., learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1, 3 to 5 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. - 7 - NC: 2025:KHC:8298 WP No. 2584 of 2025 4. Respondent No.6 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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. 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 - 8 - NC: 2025:KHC:8298 WP No. 2584 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 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, 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:8298 WP No. 2584 of 2025 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 petitioners 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 vote cast by the petitioners shall be kept in a separate sealed box after counting. - 10 - NC: 2025:KHC:8298 WP No. 2584 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.: 32