- 1 - NC: 2025:KHC:7294 WP No. 2862 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. 2862 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. NAGARAJU K S/O. KALSEGOWDA, AGED ABOUT 58 YEARS R/AT. KATTEHUNDI VILLAGE, KASABA HOBLI, MYSORE TALUK AND DIST-570010 2. SRI PUTTANNA M.N. S/O NANJAPPA, AGED ABOUT 59 YEARS, R/AT MANNUR VILLAGE, ILAVALA HOBLI, MYSORE TALUK AND DIST. -570010 3. SRI. MANJUNATH R. S/O RAJEGOWDA. AGED ABOUT 30 YEARS, R/AT. JATTIHUNDI VILLAGE, ILAVALA HOBLI, MYSORE TALUK AND DIST. -570010 4. SRI SHIVABEEREGOWDA, S/O DODDBEEREGOWDA, AGED ABOUT 55 YEARS, R/AT MANGANAHUNDI VILLAGE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7294 WP No. 2862 of 2025 JAIPUR HOBLI, MYSORE TALUK AND DIST. -570010 5. SRI CHIKKABEEREGOWDA, S/O DODDBEEREGOWDA, AGED ABOUT 59 YEARS, R/AT MANGANAHUNDI VILLAGE, JAIPUR HOBLI, MYSORE TALUK AND DIST. -570010 6. SRI. MARIMANCHANA NAYAK, S/O SANNAMANCHANAYAKA AGED ABOUT 55 YEARS, R/AT. NAGARATHAHALLI VILLAGE, JAIPURA HOBLI, MYSORE TALUK AND DIST. -570010 7. SRI. MAHADEVA SWAMY N. S/O NAGANNA AGED ABOUT 33 YEARS, R/AT THYAGAHALLI VILLAGE, ILAVALA HOBLI, MYSORE TALUK AND DIST. -570010 8. SRI. JAGADISH M.S S/O SIDDEGOWDA, R/AT. MARALAKYATHANAHALLI VILLAGE, JAIPURA HOBLI, MYSORE TALUK AND DIST. -570010 9. SMT. VIJAYAMMA W/O. VENKATARAMU, AGED ABOUT 62 YEARS, R/AT. MARALAKYATHANAHALLI VILLAGE, - 3 - NC: 2025:KHC:7294 WP No. 2862 of 2025 JAIPURA HOBLI, MYSORE TALUK AND DIST. -570010 10. SRI. NINGEGOWDA, S/O KAMALINGEGOWDA, AGED ABOUT 52 YEARS, R/AT. GANIGARHUNDI VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. -570010 11. SRI. CHALUVACHARI, S/O CHALUVACHARI, AGED BOUT 65 YEARS, R/AT. NUGGEHALLI VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. -570010 12. SRI. NINGARAJU S/O CHANNAPPA AGED ABOUT 73 YEARS, R/AT. MARENAHUNDI VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. -570010 13. SRI. MALLESH S/O MALLAIAH, AGED ABOUT 63 YEARS, R/AT SHETTYNAYAKANA VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. 570010 14. SMT. GOWRAMMA W/O GANGADHAR K. AGED ABOUT 66 YEARS, R/AT MARALAKAYTHANAHALLI VILLAGE, - 4 - NC: 2025:KHC:7294 WP No. 2862 of 2025 JAIPURA HOBLI, MYSORE TALUK AND DIST. 570010 15. SRI GANGADHAR K. S/O LATE KENCHEGOWDA AGED ABOUT 75 YEARS, R/AT MARALAKAYTHANAHALLI VILLAGE, JAIPURA HOBLI, MYSORE TALUK AND DIST. 570010 16. SRI KENDAGANNASWAMY S/O MADEGOWDA AGED ABOUT 70 YEARS, R/O DODDAMARAGOUDANAHALLI VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. 570010 17. SRI KRISHNAMURTHY D.N S/O NANJUNDAIAH S. AGED ABOUT 61 YEARS, R/O DODDAMARAGOUDANAHALLI VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. 570010 18. SRI MAHADEVAPPA M S/O MADAPPA, AGED ABOUT 72 YEARS, R/O YADHALLI VILLAGE, ILAVAL HOBLI, MYSORE TALUK AND DIST. 570010 …PETITIONERS (BY SRI. SHANTAKUMAR K C., ADVOCATE) - 5 - NC: 2025:KHC:7294 WP No. 2862 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO. OPERATION, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001 2. THE DEPUTY REGISTRAR OF CO. OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDING, SAYAJI RAO ROAD, MYSORE-570 024 3. THE ASSISTANT REGISTRAR OF CO. OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDING, SAYAJI RAO ROAD, MYSORE-570 024 4. THE RETURNING OFFICER, MYSORE TALUK PRIMARY CO. OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK MYSORE- 570 010 5. THE CHIEF EXECUTIVE OFFICER, MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK MYSORE- 570 010 THE BANK REGISTERED UNDER CO-OPERATIVE SOCIETY ACT 1959 6. THE CO-OPERATIVE ELECTIONS AUTHORITY, 3RD FLOOR, SHANTI NAGAR, - 6 - NC: 2025:KHC:7294 WP No. 2862 of 2025 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 VOTE 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 prayer:- "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 02.02.2025." - 7 - NC: 2025:KHC:7294 WP No. 2862 of 2025 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 to 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. 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 - 8 - NC: 2025:KHC:7294 WP No. 2862 of 2025 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 (‘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: 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:7294 WP No. 2862 of 2025 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. 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. - 10 - NC: 2025:KHC:7294 WP No. 2862 of 2025 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.: 29 CT:SNN