- 1 - NC: 2025:KHC:8299 WP No. 2035 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. 2035 OF 2025 (CS-EL/M) BETWEEN: 1. VENKATESH H. A. S/O. H. ANANDA RAO, AGED ABOUT 76 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200387, LIST SL.NO.02. 2. SRINIVASA M.L., S/O. LOKANNAGOWDA, AGED ABOUT 78 YEARS, R/AT. HULKODU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200393. LIST SL. NO.03. 3. DEEPANNA K.R., S/O. RAMANNA, AGED ABOUT 63 YEARS, R/AT. MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8299 WP No. 2035 of 2025 SHARE NO.2200403, LIST SL. NO.05. 4. RAMESH J.R., S/O. RAMA RAO J.K., AGED ABOUT 68 YEARS, R/AT. KEREKODI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200453, LIST SL. NO.12. 5. NAGABHUSHAN P.S., S/O. SHIVAMURTHY, AGED ABOUT 54 YEARS, R/AT. UDDADEVARAMATA HALESARA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200459 LIST SL. NO.13. 6. MANGALA GOURI, W/O. SHANKARA RAO V.N. @ SHESHADRI H., AGED ABOUT 67 YEARS, R/AT. AGRAHARA ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200467 LIST SL. NO.14. 7. SUJAYA, W/O. SUDHAKARA, - 3 - NC: 2025:KHC:8299 WP No. 2035 of 2025 AGED ABOUT 51 YEARS, R/AT. MANDAKA, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200521, LIST SL. NO.15. 8. SUBRAMANYA K.T., S/O. THIMMAPPA SHETTIGAR, AGED ABOUT 55 YEARS, R/AT. M.G. ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200621, LIST SL. NO.22. 9. SHARADAMMA, W/O. SIDDAPPA GOWDA, AGED ABOUT 72 YEARS, R/AT. KOLIGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200577. LIST SL.NO.18. 10. NAGESH A.V., S/O. VENKATAPPA, AGED ABOUT 56 YEARS, R/AT. M.K. ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. - 4 - NC: 2025:KHC:8299 WP No. 2035 of 2025 SHARE NO. 2200593 LIST SL. NO.20. 11. GEETHA, W/O. NAGESHA A.V., AGED ABOUT 47 YEARS, R/AT. M.K. ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200594, LIST SL. NO.21. 12. S.ANANDA RAO, S/O. SUBBA RAO, AGED ABOUT 73 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200626, LIST SL. NO.23. 13. ZUBAIR BASHA, S/O. MOHAMMED PEERA SAB, AGED ABOUT 54 YEARS, R/AT MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200680, LIST SL. NO.27. 14. NABI SAB H., S/O. BUDEN SAB, AGED ABOUT 71 YEARS, R/AT MAIN ROAD, HADIGALLU, - 5 - NC: 2025:KHC:8299 WP No. 2035 of 2025 KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200690, THIRTHAHALLI TALUK. LIST SI. NO.28. 15. MANJUNATH K., S/O. KRISHNAPPA, AGED ABOUT 47 YEARS, R/AT. HALAVANAHALLI, THIRTHAHALLI TALUK, KONANDUR POST, SHIVAMOGGA DISTRICT - 577 422. SHARE NO. 2200741, LIST SL. NO.33. …PETITIONERS (BY SRI. SUNIL KUMAR B N., 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. - 6 - NC: 2025:KHC:8299 WP No. 2035 of 2025 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. 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., 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 R2) 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 PRODUCED AT ANNEXURE - B AND - 7 - NC: 2025:KHC:8299 WP No. 2035 of 2025 PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-6 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 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 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 produced 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 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. - 8 - NC: 2025:KHC:8299 WP No. 2035 of 2025 3. Heard Sri Sunil Kumar B.N., 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. 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. - 9 - NC: 2025:KHC:8299 WP No. 2035 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 - 10 - NC: 2025:KHC:8299 WP No. 2035 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 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 - 11 - NC: 2025:KHC:8299 WP No. 2035 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 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 PSJ List No.: 2 Sl No.: 31