- 1 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 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. 3587 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 3739 OF 2025 (CS-EL/M) IN WP No. 3587/2025 BETWEEN: SRI. BASAVARAJEGOWDA S/O LATE SANNAHUCHEGOWDA AGED ABOUT 65 YEARS R/AT MANTIKOPALU VILLAGE, KASABA HOBLI, SHARE NO. 59, MYSORE TALUK AND DIST. 571 015 …PETITIONER (BY SRI. SHANTAKUMAR K C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S. BUILDINGS, DR. B.R. AMBEDKAR VEEDI, BANGALORE 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY REGISTRAR Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION, OFFICER MYSORE DISTRICT, MYSORE 570 024 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSURU SUB-DIVISION, HUNSURU TALUK, MYSURU DISTRICT 571 105 4. THE RETURNING OFFICER KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HUNSURU TALUK MYSURU DISTRICT 571105 5. CHIEF EXECUTIVE OFFICER KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HUNSURU TALUK, MYSURU DISTRICT 571 105 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 6. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE 560 027 REPRESENTED BY ITS PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R4; - 3 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6; SRI. S.B. TOTAD, ADVOCATE FOR R5) THIS WP 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 CONTEST AND VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 18.02.2025 AND ETC. IN WP NO. 3739/2025 BETWEEN: SMT. SHANTAKUMARI W/O RAMESH, AGED ABOUT 34 YEARS, EMMEKOPPALU, VTC SOMANAHALLI, HUNSURU TALUK 571 105, MYSURU DISTRICT …PETITIONER (BY SRI. SHANTAKUMAR K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDINGS, DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION, - 4 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 OFFICER MYSORE DISTRICT, MYSORE DISTRICT 571 105. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSURU SUB-DIVISION, HUNSURU TALUK, MYSURU DISTRICT 571 105. 4. THE RETURNING OFFICER KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HUNSURU TALUK, MYSURU DISTRICT 571 105. 5. CHIEF EXECUTIVE OFFICER, KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HUNSURU TALUK, MYSURU DISTRICT 571 105, (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 6. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMA 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE 560 0027 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6; SRI. S.B. TOTAD, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 - 5 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CONTEST AND VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 18.02.2025 AND ETC. THESE PETITIONS, 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:- "(i) 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 vote in the elections to the respondent No.5 which is scheduled to be held on 18.02.2025 vide Annexure-A in the interest of justice and equity. (ii) Such other direction or order writ as may deem fit to this Hon’ble court." 2. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in - 6 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 the ensuing election scheduled on 18.02.2025 subject to final outcome of these petitions. 3. Heard Sri.Shanta Kumar K.C., learned counsel appearing for the petitioners, Sri.Yogesh D.Naik, learned Additional Government Advocate appearing for respondent Nos.1, to 4, Sri T.L. Kiran Kumar, learned counsel appearing for respondent No.6 and Sri.B.Totad, learned counsel appearing for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 18.02.2025 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 (‘the Rules’ for short). It is urged that the petitioners - 7 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.5-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 any disqualification to vote or not is a question of fact to be 1 2022 (4) AKR 775 - 8 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 of 2025 decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petitions are 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 18.02.2025, if not already announced. 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 No.5– society. - 9 - NC: 2025:KHC:8420 WP No. 3587 of 2025 C/W WP No. 3739 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 SS List No.: 2 Sl No.: 7 CT:SNN