- 1 - NC: 2025:KHC:8512 WP No. 3375 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. 3375 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. ASHA W/O RANGASWAMY. AGED ABOUT 46 YEARS MEMBERSHIP NO 7 2. SRI. PUTTANNASHETTY K.V S/O ERANNA AGED ABOUT 83 YEARS MEMBERSHIP NO 9 3. SMT. CHANDRAMMA. W/O. PANDURANGAIAHA AGED ABOUT 62 YEARS MEMBERSHIP NO 10 4. SRI. THATHAPPA. S/O MUNIYAPPA. AGED ABOUT 70 YEARS MEMBERSHIP NO 18 5. SMT. RADHAMMA W/O. KRISHNAPPA. AGED ABOUT 65 YEARS MEMBERSHIP NO 22 6. SMT. SUJATHA.K.V Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8512 WP No. 3375 of 2025 W/O. KRISHNAMURTHY. AGED ABOUT 48 YEARS MEMBERSHIP NO 28 7. SRI. DANKANACHAR. S/O. SUGNANACHAR. AGED ABOUT 71 YEARS MEMBERSHIP NO 30 8. SMT. NANJAMMA. W/O. PUTTARUDRAPPA. AGED ABOUT 67 YEARS MEMBERSHIP NO 40 9. SRI. CHIDANANDHA.P. S/O.PUTTARUDRAPPA. AGED ABOUT 35 YEARS MEMBERSHIP NO 46 10. SRI. K.S. MUNIRAJU S/O.NARAYANAPPA. AGED ABOUT 57 YEARS MEMBERSHIP NO 52 11. SRI. K.T. RAMACHANDRAIAH. S/O. THIRUMALAPPA AGED ABOUT 71 YEARS MEMBERSHIP NO 65 12. SRI. RAMAKRISHNAPPA S/O. DODDARANGAPPA. AGED ABOUT 73 YEARS MEMBERSHIP NO 71 13. SMT. JAYAMMA. - 3 - NC: 2025:KHC:8512 WP No. 3375 of 2025 W/O. RAMAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO 72 14. SRI. K.P. UMESH S/O. PUTTANASHETTY. AGED ABOUT 54 YEARS MEMBERSHIP NO 78 15. SMT. GOWRAMMA. W/O.SANJEVAIAH. AGED ABOUT 73 YEARS MEMBERSHIP NO 97 16. SMT. SARSWATHAMMA W/O.RAMAIAH. AGED ABOUT 60 YEARS MEMBERSHIP NO 105. 17. SMT. MANGALAMMA. W/O.NANJEGOWDA. AGED ABOUT 52 YEARS MEMBERSHIP NO 110. 18. SRI.KRISHNAPPA. S/O CHIKKAMUTHARAYAPPA AGED ABOUT 72 YEARS MEMBERSHIP NO 140. 19. SRI. ARASEGOWDA.K.M S/O.CHIKKAMUTHARAYAPPA. AGED ABOUT 56 YEARS MEMBERSHIP NO 141 20. SRI. PRASANNA KUMAR - 4 - NC: 2025:KHC:8512 WP No. 3375 of 2025 S/O RAMAIAH AGED ABOUT 38 YEARS MEMBERSHIP NO 144 21. SMT. LAKSHMAMMA. W/O CHANNAGIRIYAPPA AGED ABOUT 57 YEARS MEMBERSHIP NO 145 22. SMT.NANDA KUMARI. W/O. ARASAPPA AGED ABOUT 36 YEARS MEMBERSHIP NO : 152 23. SRI. UMESH S/O. VENKATARASAPPA. AGED ABOUT 58 YEARS MEMBERSHIP NO : 153 24. SMT. ASHA. R W/O.CHANNARAJU AGED ABOUT 49 YEARS MEMBERSHIP NO: 154 25. SRI.SRIMURTHY S/O.SANJEVAIAH AGED ABOUT 48 YEARS MEMBERSHIP NO: 155 26. SMT. MANJAMMA. W/O ARASEGOWDA.C AGED ABOUT 65 YEARS MEMBERSHIP NO: 156 27. SMT. ANAPOORNAMMA W/O. HANUMANTHARAYAPPA. AGED ABOUT 62 YEARS - 5 - NC: 2025:KHC:8512 WP No. 3375 of 2025 MEMBERSHIP NO: 159 28. SRI. RUDRESH S/O. GANGAPPA. AGED ABOUT 62 YEARS MEMBERSHIP NO: 165 29. SRI.SRIDHAR. S/O. SOMANNNA. AGED ABOUT 48 YEARS MEMBERSHIP NO: 167 30. SRI. MANJUNATH. S/O MUNIYAPPA. AGED ABOUT 45 YEARS MEMBERSHIP NO: 168 31. SRI.SATHISH.K.R S/O RAMAIAH AGED ABOUT 45 YEARS MEMBERSHIP NO: 144 32. SRI. RAMANNA K.R S/O T. RUDRAPPA AGED 68 YEARS MEMBERSHIP NO.20. 33. SRI. N. RUDRACHAAR S/O NYVACHAAR AGED 69 YEARS MEMBERSHIP NO. 51. 34. SMT. SHASHIKALA W/O. MUNIRAJU AGED 48 YRS MEMBERSHIP NO.101 35. SRI. K.M. NAGARAJU S/O T. MUHTURAYAPPA - 6 - NC: 2025:KHC:8512 WP No. 3375 of 2025 AGED 56 YRS MEMBERSHIP NO.115 36. SMT. SHYLAJA W/O. NAGARAJU AGED 51 YRS MEMBERSHIP NO. 116 37. SMT. DAKSHAYINI W/O. VISHWANATHAIAH AGED 63 YEARS MEMBERSHIP NO.124 38. SMT. LAKSHMI W/O ARASEGOWDA AGED 42 YRS SHARE NO.146 39. SMT. VRUNDA W/O.CHANNEGOWDA AGED 53 YEARS MEMBERSHIP NO.151 40. SRI. MUNIKRISHNAPPA S/O MUNIYAPPA AGED 68 YEARS. MEMBERSHIP NO.61. ALL ARE MEMBERS OF KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE, ARAKERE POST, BANGALORE NORTH TALUK, BANGALORE -562 136 PETITIONERS (BY SRI. H.C. SHIVARAMU, ADVOCATE FOR SRI. RAVI SHANKAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, - 7 - NC: 2025:KHC:8512 WP No. 3375 of 2025 M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT ALI ASKAR ROAD BANGALORE-560 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT ALI ASKAR ROAD BANGALORE-560 001 5. THE RETURNING OFFICER (SRI.T.C.MUNIYAPPA) KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE -560 089 6. KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE ARAKERE POST, BANGALORE NORTH TALUK-562 136 REP BY ITS SECRETARY. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS - 8 - NC: 2025:KHC:8512 WP No. 3375 of 2025 (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. VINOD C.S., ADVOCATE FOR R6) 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-6 WHICH IS SCHEDULED TO BE HELD ON 20.02.2025 AT ANNEXURE-A AND ETC. 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 cast votes in the elections to the respondent No.6 which is scheduled to be held on 20.02.2025 at Annexure-A" - 9 - NC: 2025:KHC:8512 WP No. 3375 of 2025 2. This Court by way of an interim arrangement on 06.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 20.02.2025 subject to final outcome of this petition. 3. Heard Sri H.C.Shivaramu, learned counsel for Sri Ravi Shankar, learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1, 3 to 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Vinod C.S., learned counsel for respondent No.6. 4. Counsel for the petitioners submits that the election has been held as scheduled on 20.02.2025 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 - 10 - NC: 2025:KHC:8512 WP No. 3375 of 2025 (‘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.6-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and 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 1 2022 (4) AKR 775 - 11 - NC: 2025:KHC:8512 WP No. 3375 of 2025 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 20.02.2025. 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. - 12 - NC: 2025:KHC:8512 WP No. 3375 of 2025 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. 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.: 6 CT:SNN