- 1 - NC: 2025:KHC:6348 WP No. 1638 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1638 OF 2025 (CS-EL/M) BETWEEN: H.N. MOHAN S/O LATE NARAYANAREDDY AGED ABOUT 51 YEARS, R/A 'SRIVARUNILAYA' HOODI VILLAGE, NEAR OLIVE APARTMENT, MAHADEVAPURA POST, BANGALORE-560 048 …PETITIONER (BY SRI. NATARAJ BABA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATION DEPARTMENT, M.S. BUILDINGS, BANGALORE-1. 2. THE REGISTRAR OF COOPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560 002 3. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, IN KARNATAKA NO.1, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6348 WP No. 1638 of 2025 ALI ASKAR ROAD, BENGALURU-560 002. 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE 27, REP. BY ITS SECRETARY. 5. THE RETURNING OFFICER AND ELECTION OFFICER, VARTHUR AGRICULTURE SERVICE COOPERATIVE SOCIETY (LTD) BANGALORE SOUTH EAST TALUK (VARTHUR VYVASAYA SEVA SAHAKARA SANGHA (NI) BENGALURU PURVA TALUK) VARTHURU, BANGALORE SOUTH TALUK, BANGALORE- 560 087. 6. VARTHUR AGRICULTURE SERVICE COOPERATIVE SOCIETY (LTD) BANGALORE, SOUTH EAST TALUK, (VARTHURVYVASAYA SEVA SAHAKARA SANGHA (NI) BENGALURU PURVA TALUK) VARTHURU, BANGALORE SOUTH TALUK, BANGALORE-560 087 REPRESENTED BY ITS CEO, UNDER SECTION CO-OPERATION SOCIETIES ACT. …RESPONDENTS - 3 - NC: 2025:KHC:6348 WP No. 1638 of 2025 (BY SRI. YOGESH B NAIK, AGA FOR R1 TO R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R4; SRI. N. BAYYA REDDY, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS DECLARING THAT CLAUSE (a-iv) AND (a-v) OF THE SUB- SECTION (2) OF SECTION 20 OF THE ACT AND SECTION 27-A OF THE ACT ARE ULTRA VIRES OF ARTICLE 243-ZI AND 243- ZO OF THE CONSTITUTION OF INDIA AND THAT IT IS BEYOND THE LEGISLATIVE COMPETENCE OF THE STATE LEGISLATURE 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 petitioner is seeking to contest and vote in the election of Board of the respondent No.6-society. 2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioner to cast his vote in the ensuing election scheduled on 03.02.2025 subject to final outcome of this petition. - 4 - NC: 2025:KHC:6348 WP No. 1638 of 2025 3. Heard Sri.Nataraj Baba K., learned counsel for the petitioners, Sri.Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 to 3 and 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.4 and Sri.N.Bayya Reddy, learned counsel for respondent No.6. 4. Counsel for the petitioners submits that the election has been held as scheduled on 03.02.2025 and the petitioners have cast their votes. 5. Learned counsel for the petitioner submits that petitioner has been included in the ineligible voter list without issuing any individual notice and being heard in utter violation of principles of natural justice. 6. Respondent No.6-society fairly submits that no individual notice is issued to the petitioners while the name of the petitioner is excluded in the final voters list. 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of - 5 - NC: 2025:KHC:6348 WP No. 1638 of 2025 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. 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 03.02.2025. 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 1 2022 (4) AKR 775 - 6 - NC: 2025:KHC:6348 WP No. 1638 of 2025 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 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. - 7 - NC: 2025:KHC:6348 WP No. 1638 of 2025 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.: 20 CT:SNN