- 1 - NC: 2025:KHC:8333 WP No. 2892 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. 2892 OF 2025 (CS-EL/M) BETWEEN: 1. MR. VARADARAJU, AGED ABOUT 50 YEARS, S/O LATE YALADASANA KRISHNAIAH R/AT BANNUR HOBLI, HANUMANNALU, T. NARASIPURA TALUK -571 101. 2. MR. YOGESH D., AGED ABOUT 44 YEARS, S/O LATE DEVEGOWDA R/AT SOSALE HOBLI, T. NARASIPURA TALUKU KANCHANAHALLI, T. NARASIPURA-571 101. 3. MR. SWAMY AGED ABOUT 52 YEARS, S/O LATE SOTHANA NANJUNDEGOWDA, R/AT DASEGOWDANA KOPPALU, HANUMANALU VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 4. MR. A.N. SWAMY, AGED ABOUT 52 YEARS, S/O LATE NANJACHARI, R/AT CHAMANAHALLI VILLAGE, MALLYUR POST, BANNUR TOWN, T. NARASIPURA TALUK -571 101. 5. MR. NAGARAJU, AGED ABOUT 84 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8333 WP No. 2892 of 2025 S/O LATE KENCHAPPA, R/AT YADAHALLI VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 6. MR. T. MAHESH AGED ABOUT 55 YEARS, S/O THIMMAIAH. B, R/AT THURUGANNUR POST, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 7. MR. LOKESH, AGED ABOUT 44 YEARS, S/O CHUNCHEGOWDA, R/AT BANNUR HOBLI, HANUMANALU VILLAGE, T.NARASIPURA TALUK -571 101. 8. MR. SUHASGOWDA K.V. AGED ABOUT 25 YEARS, S/O K. VAJREGOWDA, R/AT NO. 324, KAGGALIPURA, SOSALE HOBLI, T. NARASIPURA TALUK -571 101. 9. MR. YATHIRAJA, AGED ABOUT 53 YEARS, S/O LATE MARIGOWDA K R/AT MEGALAKOPPALU, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 10. MR. TEJAS B. S., AGED ABOUT 27 YEARS, S/O SHIVARAM B.R. R/AT HORAKERI STREET, WARD NO. 05, BANNUR TOWN, T. NARASIPURA TALUK -571 101. - 3 - NC: 2025:KHC:8333 WP No. 2892 of 2025 11. KUMARASWAMY D.C., AGED ABOUT 80 YEARS, S/O LATE D.M. CHIKKAPUTTAIAH, R/AT HANUMANALU POST, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 12. MRS. NINGAMMA AGED ABOUT 87 YEARS, W/O LATE SIDDAIAH, R/AT HANUMANALU POST, BANNUR HOBLI, T. NARASIPURA TALUK-571 101. 13. MR. K. NAGENDRA AGED ABOUT 50 YEARS S/O LATE L. KALEGOWDA, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, SOMANATHPUR T. NARASIPURA TALUK -571 101. 14. MRS. SUVARNA, K., AGED ABOUT 56 YEARS, W/O LATE KEMPEGOWDA, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK -571 101. 15. MRS. SAROJA AGED ABOUT 54 YEARS, W/O RAJAGOPAL Y.K. R/AT BANNUR HOBLI, YACHENAHALLI POST, T.NARASIPURA TALUK-571 101. 16. MR. NAGENDRA AGED ABOUT 46 YEARS, S/O SWAMY GOWDA, R/AT KAGGALIPURA VILLAGE, SOSALE HOBLI, SOMANATHPURA T. NARASIPURA TALUK -571 101. - 4 - NC: 2025:KHC:8333 WP No. 2892 of 2025 17. MR. KRISHNE GOWDA AGED ABOUT 54 YEARS, S/O LATE RANGEGOWDA, R/AT KAGGALIPURA VILLAGE, SOALE HOBLI, T. NARASIPURA TALUK -571 101. 18. MR. R. SOMASHEKAR AGED ABOUT 60 YEARS, S/O LATE RAMEGOWDA, R/AT BEVINAHALLI VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK -571 101. 19. MR. RAJU T.S. AGED ABOUT 75 YEARS, S/O LATE SHIVA NANJAPPA R/AT THURUGANNUR POST, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 20. MR. BHASKAR C., AGED ABOUT 57 YEARS, S/O LATE CHIKKABASAVACHAR R/AT CHAMANAHALLI VILLAGE BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 21. MR. SHANTHAKUMAR K.M. AGED ABOUT 49 YEARS, S/O LATE V. MADEGOWDA, R/AT KURABOLANA HUNDI, TALAKADU HOBLI, T. NARASPURA TALUK -571 101. 22. MR. B.S. HEMANTH AGED ABOUT 30 YEARS, S/O SHIVARAMA B.R. R/AT HOSAKERI STREET, WARD NO.05, BANNUR TOWN, T. NARASIPURA TALUK -571 101. - 5 - NC: 2025:KHC:8333 WP No. 2892 of 2025 23. MRS. PUSHPAVATHI AGED ABOUT 67 YEARS, W/O LAKSHMAIAH, R/AT NO. 253, JAI BHEEM NAGARA, 1ST STAGE, WARD NO.16, BANNUR TOWN, T.NARASIPURA TALUK. 24. MR. MANAK CHAND, AGED ABOUT 55 YEARS, S/O MANARANJI, R/AT WARD NO. 20, GANIGERI STREET, BANNUR, VTC, BANNUR RURAL, POST BANNUR, T.NARASIPURA -571 101. 25. MR. CHANDRASHEKAR AGED ABOUT 47 YEARS, S/O SATYANARAYANA, R/AT ATTAHALLI, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 26. SMT. H. R. MANJULA AGED ABOUT 65 YEARS, W/O RAMASWAMY Y.S. R/AT YACHENAHALLI, BANNUR HOBLI, YACHENAHALLI POST, T. NARASIPURA TALUK-571 101. 27. MR.NAGARAJU M.S, AGED ABOUT 67 YEARS, S/O SANNEGOWDA, R/AT MEGALAKOPPALU, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 28. MR. CHANDRA SHEKAR K.M. AGED ABOUT 46 YEARS, S/O LATE SWAMY GOWDA @ MAHADEVA R/AT KAGGALIPURA VILLAGE, - 6 - NC: 2025:KHC:8333 WP No. 2892 of 2025 SOSALE HOBLI, T. NARASIPURA TALUK -571 101. 29. MR. DEVARAJU B.H., AGED ABOUT 50 YEARS, S/O LATE HOMBALAIAH, R/AT NO. 16/257, JAI BEEM NAGARA, 2ND STAGE, K.E.B. ROAD WARD NO. 16, BANNUR TOWN, T. NARASIPURA – 571 101. 30. MR. HONNA NAIKA, AGED ABOUT 64 YEARS, S/O LATE NEELA NAIKA R/AT NO. 191, GADDAMOLE VILLAGE, VYSARAJAPURA POST, T. NARASIPURA TALUK -571 101. 31. MR. GOPAL GOWDA, AGED ABOUT 68 YEARS, S/O LATE JAVANEGOWDA, R/AT ATTAHALLI VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK -571 101. 32. MR. T.S. BABU AGED ABOUT 49 YEARS, S/O SIDDAIAH C., R/AT THURUGANNUR VILLAGE BANNUR HOBLI, T. NARASIPURA TALUK -571 101. …PETITIONERS (BY SRI. MOHANA CHANDRA P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE -560 001. REPRESENTED BY ITS - 7 - NC: 2025:KHC:8333 WP No. 2892 of 2025 PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTHINAGAR, BANGALORE -560 027. REPRESENTED BY ITS SECRETARY 3. T. NARASIPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK (L), T. NARASIPURA TALUK, MYSURU DISTRICT-571 101. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, A SOCIETY REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETY ACT 1959. 4. THE RETURNING OFFICER,, T. NARASIPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK (L), T. NARASIPURA TALUK -571 101. …RESPONDENTS (BY SRI.YOGESH D NAIK,AGA FOR R1 AND R4, SRI. T.L. KIRAN KUMAR FOR R2, R3-SERVED AND UNREPRESENTED) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-C AND PERMIT THE PETITIONER TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 02.02.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - NC: 2025:KHC:8333 WP No. 2892 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Heard the learned counsel for the petitioner and the learned AGA for respondents No.1 and 4 and Sri T L Kiran Kumar, learned counsel for respondent No.2 and perused the material on record. 2. Learned counsel for the petitioners submits that in an identical matter in the case of Venkatesha and others vs. The State of Karnataka and others1 (Venkatesha), this Court directed the Returning Officer to announce the results including the votes of the petitioners and a similar order needs to be passed in the present petition as well. 3. The respondent-society though served has chosen to remain absent. 4. W.P. No.2430/2025 (supra) is disposed of pertaining to the same society, the present petition needs 1 W.P. No.2430/2025 D.D. 12.02.2025 - 9 - NC: 2025:KHC:8333 WP No. 2892 of 2025 to be disposed of in similar terms and accordingly, this Court pass the following order: 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. - 10 - NC: 2025:KHC:8333 WP No. 2892 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 YKL List No.: 1 Sl No.: 72