- 1 - NC: 2025:KHC:8283 WP No. 3039 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. 3039 OF 2025 (CS-EL/M) BETWEEN: 1. DRAKSHAYANAMMA W/O MALLAPPA C AGED ABOUT 68 YEARS, MEMBERSHIP/SHARE KHATE NO 5909 R/O AT HONNEBAGI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST. 577 213 2. YASHODHAMMA W/O BASAPPA H C AGED ABOUT 58 YEARS, MEMBERSHIP/SHARE KHATE NO 4564 R/O AT HONNEBAGI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST. 577 213 3. JAYAPPA H S/O HALLAPPA H AGED ABOUT 52 YEARS, MEMBERSHIP/SHARE KHATE NO 5613 R/O AT HONNEBAGI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST. 577213 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8283 WP No. 3039 of 2025 4. ESHWARAPPA G S/O GURUSHANTHAPPA AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO 730 R/O AT HONNEBAGI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST. 577 213 5. ONKARAPPA S C S/O CHANNABASAPPA HEMAGUNDI AGED ABOUT 76 YEARS, MEMBERSHIP/SHARE KHATE NO 1899 R/O AT HONNEBAGI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. 577213 6. SHIVUKUMAR M E S/O ESHWARAPPA M AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO 4994 R/O AT MACHANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. 577213 7. NAGARAJA ME S/O ESHWARAPPA M AGED ABOUT 58 YEARS, MEMBERSHIP/SHARE KHATE NO 4995 R/O AT MACHANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. 577213 - 3 - NC: 2025:KHC:8283 WP No. 3039 of 2025 8. RAJASHEKARAPPA M S/O ESHWARAPPA AGED ABOUT 65 YEARS, MEMBERSHIP/SHARE KHATE NO 5016 R/O AT MACHANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. 577213 9. SURESH K, S/O KOTOJIRAO AGED ABOUT 68 YEARS, MEMBERSHIP/SHARE KHATE NO 1336 R/O AT CHANNAGIRI TOWN, CHANNAGIRI TALUK DAVANAGERE DIST. 577213 10. GANESHAPPA S/O SIDDAPPA AGED ABOUT 65 YEARS, MEMBERSHIP/SHARE KHATE NO 8171 R/O AT CHANNAGIRI TOWN, CHANNAGIRI TALUK DAVANAGERE DIST. 577213 11. GURUSIDDAIAH C S/O CHANDRAIAH M V AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO 4578 R/O AT CHANNAGIRI TOWN, CHANNAGIRI TALUK DAVANAGERE DIST. 577213 12. CHANNAVEROJI RAO S/O RUDROJI RAO - 4 - NC: 2025:KHC:8283 WP No. 3039 of 2025 AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO 8278 R/O AT CHANNAGIRI TOWN, CHANNAGIRI TALUK DAVANAGERE DIST. 577213 13. HANUMANTHAPPA R S/O RANGAPPA AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO-8301 R/O AT CHANNAGIRI TOWN, CHANNAGIRI TALUK DAVANAGERE DIST. 577213 14. PREMA L M W/O NANJUNDAPPA AGED ABOUT 68 YEARS, MEMBERSHIP/SHARE KHATE NO-5004 R/O AT LASHMISAGARA VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST. 577213. …PETITIONERS (BY SRI. MAHAMAD TAHIR A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, - 5 - NC: 2025:KHC:8283 WP No. 3039 of 2025 SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. PRIMARY CO-OPERATIVE AGRICULTURE -AND RURAL DEVELOPMENT BANK LTD. CHANNAGIRI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577001 REPRESENTED BY ITS MANAGING DIRECTOR/CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, 4. THE RETURNING OFFICER, PRIMARY CO-OPERATIVE AGRICULTURE -AND RURAL DEVELOPMENT BANK LTD. CHANNAGIRI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577001 A SOCIETY REGISTERED UNDER KARNATAKA …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R3 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02-02-2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC. - 6 - NC: 2025:KHC:8283 WP No. 3039 of 2025 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:- "Issue a writ of mandamus directing the respondents to include the names of the petitioners in the Final eligible voters list at Annexure-C and permit the petitioners to cast their votes in the upcoming elections to respondent No.3-Society which is scheduled to be held on 02.02.2025 insofar as the petitioners are concerned produced at Annexure-A". 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 Mahamad Tahir.A., learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for - 7 - NC: 2025:KHC:8283 WP No. 3039 of 2025 respondent Nos.1 and 4 and Sri T.L.Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.3 though served has chosen to remain absent. 5. Learned counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes. Learned counsel for the petitioners submits that identical matters have been disposed off pertaining to the same Society in W.P.No.2598/2025 and connected matters on 14.02.2025 and submits that similar orders be passed in this petition. 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 - 8 - NC: 2025:KHC:8283 WP No. 3039 of 2025 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: ORDER i. In the light of the decision in W.P.No.2598/2025 and connected matters, this writ petition is disposed of. 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:8283 WP No. 3039 of 2025 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, 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 – 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. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to - 10 - NC: 2025:KHC:8283 WP No. 3039 of 2025 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.: 34 CT:SNN