- 1 - NC: 2025:KHC:7293 WP No. 2756 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. 2756 OF 2025 (CS-EL/M) BETWEEN: 1. JAYARAMU C AGED ABOUT 63 YEARS, S/O CHANNABASAVEGOWDA. VILLAGE BELAVATTA, KASABA HOBLI 570 010 MYSORE TALUK AND DISTRICT. 2. JAVAREGOWDA T, S/O THIMMEGOWDA, AGED ABOUT 73 YEARS, KALASTHAVADI GRAMA VILLAGE, SIDDALINGAPURA POST, KASABA HOBLI, 570010 MYSOURE TALUK AND DISTRICT. 3. PUTTASWAMY R., S/O RANGEGOWDA, AGED ABOUT 68 YEARS, NAGANAHALLI VILLAGE, KASABA HOBLI, 570010 MYSOURE TALUK AND DISTRICT. 4. RAJENDRA, S/O SIDDEGOWDA, AGE 58 YEARS, NAGANAHALLI VILLAGE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7293 WP No. 2756 of 2025 KASABA HOBLI 570010 MYSURU TALUK AND DISTRICT. 5. VISHKANTEGOWDA, S/O ESAPURI DEVEGOWDA, AGE 68 YEARS, NO.317, MARIGUDI BEEDI, NAGANAHALLI VILLAGE, KASABA HOBLI, 570010 MYSURU TALUK AND DISTRICT 6. MARIYAPPA C T S/O SEERAPPANA KUNDEGOWDA, AGE 85 YEARS, NAGANAHALLI VILLAGE, KASABA HOBLI, 570010 MYSURU TALUK AND DISTRICT 7. JAYARAM C, S/O. CHENNABASAVEGOWDA, AGE 63 YEARS, R/O VILLAGE BELAVATTA, KASABA HOBLI, 570010 MYSORE TALUK AND DISTRICT 8. PRAKASH, S/O CHENNABASAVEGOWDA, AGE 55 YEARS, R/O NO.632, VILLAGE BELAVATTA, KASABA HOBLI, 570010 MYSORE TALUK AND DISTRICT 9. KENCHEGOWDA, S/O MARIGOWDA, AGED ABOUT 62 YEARS, - 3 - NC: 2025:KHC:7293 WP No. 2756 of 2025 R/O LAXMIPURA VILLAGE, KASABA HOBLI, 570010 MYSORE TALUK AND DISTRICT. 10. NAGARAJ M, S/O MARIGOWDA, AGE 56 YEARS, R/O LAXMIPURA VILLAGE, KASABA HOBLI, 570010 MYSORE TALUK AND DISTRICT 11. RAVEESHGOWDA, S/O SUBHASHGOWDA, AGE 34 YEARS, R/O LAXMIPURA VILLAGE, KASABA HOBLI, 570010 MYSORE TALUK AND DISTRICT 12. LINGARAJU K.B. S/O BYRAPPA AGE 67 YEARS, R/O NO.150/1, MAHADESHWARA TEMPLE ROAD, KUMARA KOPPALU, MYSORE 570010 13. JAYALAKSHMI B, W/O LINGARAJU K.B, AGE 58 YEARS, R/O NO.150/1, MAHADESHWARA TEMPLE ROAD, KUMARA KOPPALU, MYSORE. 570010 14. DEVARAJEGOWDA, S/O BYRAPPA @ BYREGOWDA, - 4 - NC: 2025:KHC:7293 WP No. 2756 of 2025 AGE 58 YEARS, R/O NO.28/1A, 1ST MAIN, 2ND CROSS, KUMARAKOPPALU, MYSORE. 570010 15. JAGANATH D.S. S/O LATE D.N.SRINIVAS, AGE 77 YEARS, R/O 864, 1XZT FLOOR, 3RD STAGE, GOPURAM, MYSORE 570010 16. PURUSHOTHAMA T.V, S/O VENKATACHALAIAH T N AGE 55 YEARS, R/O 301, 9TH MAIN, 1ST STAGE, BRUNDAVANA LAYOUT, MYSORE 570010 17. RADHA, W/O NAGABHUSHANA N.C, AGE 46 YEARS, R/O NO.9/1, SRI ANJANEYASWAMY TEMPLE, NEAR WATER WORKS YADAVAGIRI, MYSORE. 570010 18. BALARAJA K, S/O KEMPEGOWDA K.C, AGE 60 YEARS, NO.1326/1, KOTHAVALA RAMAIAH ROAD, DEVARAJA MOHALLA, MYSORE. 570010 19. SUNDRAMMA G.S., D/O KEMPARAJU, AGE 65 YEARS, - 5 - NC: 2025:KHC:7293 WP No. 2756 of 2025 R/O NO.925, B LAYOUT, MANIMANTAPPA, MYSORE. 570010 20. KEMPARAJU, S/O LATE DODDA ERAIAH, AGE 75 YEARS, R/O NO.925, B LAYOUT, MANIMANTAPPA, MYSORE 570010 21. YASHODAMMA, W/O MADEGOWDA, AGED 57 YEARS, NO.674, 6TH CROSS, HEBBAL 2ND STAGE, MYSORE. 570010 22. NAGARAJU S/O MALLAIAH @ MARAIAH AGED ABOUT 51 YEARS R/O HAROHALLI VILLAGE, HAROHALLI POST-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 23. GAVISIDDU S/O JAVARAPPA AGED ABOUT 53 YEARS R/O HAROHALLI VILLAGE, HAROHALLI POST-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 24. MAHESHA S/O MAHADEVU AGED ABOUT 44 YEARS R/O HAROHALLI VILLAGE, - 6 - NC: 2025:KHC:7293 WP No. 2756 of 2025 HAROHALLI POST-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 25. THAMMEGOWDA S/O MADHEGOWDA AGED ABOUT 45 YEARS, HALLIKERE HUNDI VILLAGE VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT-571125 26. GOVINDEGOWDA S/O HONNEGOWDA AGED ABOUT 68 YEARS, HALLIKERE HUNDI VILLAGE VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT-571125 27. KUMARA B. S/O BOMMARASAIAH GOWDA AGED ABOUT 48 YEARS, HAROHALLI POST-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 28. KALEGOWDA S/O PEEREGOWDA AGED ABOUT 62 YEARS HOROHALLI POST-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 29. MAHADEVU S/O MARIGOWDA AGED ABOUT 72 YEARS, - 7 - NC: 2025:KHC:7293 WP No. 2756 of 2025 KALASIDDANAHUNDI VILLAGE-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 30. VIVEKANANDA M. S/O MARIYAPPA M. AGED ABOUT 46 YEARS, R/O BADALAHUNDI VILLAGE-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 31. BANNEGOWDA @ BUKKANNA S/O BANNEGOWDA AGED ABOUT 79 YEARS, R/O KEMPEGOWDANA HUNDI VILLAGE-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT. 32. CHELUVAIAH S/O KARIYAYYA AGED ABOUT 70 YEARS, HALEKESARE VILLAGE-571125 VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 33. RAMESHA @ PUTTA J. S/O THIMMEGOWDA AGED ABOUT 60 YEARS, R/AT NO.153/3, 4TH MAIN, BASAVESHWARA NAGARA, BAMMURAMMA TEMPLE ROAD, HEBBALA, MYSURU-571125 …PETITIONERS (BY SRI. SHANTAKUMAR K C., ADVOCATE) - 8 - NC: 2025:KHC:7293 WP No. 2756 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDINGS, AMBEDKAR VEEDI, BANGALORE-560001 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE-570024 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE-570024 4. THE RETURNING OFFICER CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NAZARBAD MOHALLA, MYSORE-5670010 5. THE CHIEF EXECUTIVE OFFICER, MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NAZARBAD MOHALLA, MYSORE- 5670010 (SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 1959) - 9 - NC: 2025:KHC:7293 WP No. 2756 of 2025 6. THE CO-OPERATIVE ELECTIONS AUTHORITY, 3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, K. H. ROAD, BANGALORE-027 BY ITS COMMISSIONER …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6; R5 - SERVED AND UNREPRESENTED) 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 PETITIONER TO VOTES IN THE ELECTIONS TO THE R-5 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 for the following prayers:- i. Issue a writ of mandamus directing the Respondents 2 to 6 to include the names of the Petitioners in the eligible voters list and permit the Petitioners to vote in the elections to the Respondent - 10 - NC: 2025:KHC:7293 WP No. 2756 of 2025 No.5 which is scheduled to be held on 02.02.2025 in the interest of justice and equity. ii. Such other direction or order as may be deemed fit to this Hon'ble Court may kindly be issued. 2. This Court by way of an interim arrangement on 01.02.2025 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 Shanta Kumar.K.C, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.6. 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 02.02.2025 and the petitioners have cast their votes. - 11 - NC: 2025:KHC:7293 WP No. 2756 of 2025 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 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 1 2022 (4) AKR 775 - 12 - NC: 2025:KHC:7293 WP No. 2756 of 2025 (‘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, 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. - 13 - NC: 2025:KHC:7293 WP No. 2756 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 BNV List No.: 2 Sl No.: 28/CT:SNN