- 1 - NC: 2025:KHC:6295 WP No. 1689 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. 1689 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. VEENA K.C., W/O.SHANKAR H.K., AGED ABOUT 40 YEARS, RESIDING AT T.M. HOSURU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 2. MR.JAYARAMU.H.E., S/O. EREGOWDA, AGED ABOUT 48 YEARS, RESIDING AT T.M.HOSURU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 3. MR.RAGHU.M.K., S/O.KRISHNEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT M. SHETTIHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 4. MR.PRASANNA KUMAR.M.J., S/O.JAYARAMU.T, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6295 WP No. 1689 of 2025 AGED ABOUT 41 YEARS, RESIDING AT M.SHETTIHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 5. MR. SATHISH M.K., S/O.KRISHNEGOWDA, AGED ABOUT 40 YEARS, RESIDING AT M.SHETTIHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 6. MR.DINESH.M.K., S/O.KARIGOWDA, AGED ABOUT 45 YEARS, RESIDING AT M.SHETTIHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 7. MR.SURESH.M., S/O. MAHALINGEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT MARALAGALA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 8. MR. SRINIVASU, S/O.CHIKKAMUDIGOWDA, AGED ABOUT 50 YEARS, RESIDING AT SRINIVASA AGRAHARA, K.SHETTAHALLI HOBALI, - 3 - NC: 2025:KHC:6295 WP No. 1689 of 2025 SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 9. MR.RAMESH, S/O.PUTTEGOWDA, AGED ABOUT 43 YEARS, RESIDING AT SRINIVASA AGRAHARA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 10. MR.JAVARAIAH, S/O.DODDAHAIDEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT SRINIVASA AGRAHARA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 11. MR.KEMPEGOWDA, S/O.BOREGOWDA, AGED ABOUT 58 YEARS, RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 12. MR.ADARSHA.M., S/O.MARIGOWDA, AGED ABOUT 36 YEARS, RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. - 4 - NC: 2025:KHC:6295 WP No. 1689 of 2025 13. MRS.SUMITHRAMMA, W/O.MARIGOWDA, AGED ABOUT 56 YEARS, RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 14. MR.CHANDRAHASA, S/O.LATE KARIGHATTAIAH, AGED ABOUT 58 YEARS, RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 15. MR.LINGARAJU S.L., S/O.NINGAIAH, AGED ABOUT 45 YEARS, RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 16. MR.NAGESHGOWDA.B., S/O.BETTALAH. T., AGED ABOUT 48 YEARS, RESIDING AT GOWRIPURA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 17. MR. K. MOHANDAS, S/O.KARIGHATTA, AGED ABOUT 48 YEARS, - 5 - NC: 2025:KHC:6295 WP No. 1689 of 2025 RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 18. MR.BETTEGOWDA.S., S/O. NARASEGOWDA @ SANNAIAH, AGED ABOUT 54 YEARS, RESIDING AT K.SHETTAHALLI, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 19. MR.KRISHNEGOWDA.M.C., S/O.CHOWDEGOWDA, AGED ABOUT 43 YEARS, RESIDING AT MARALAGALA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 20. MR.SHIVANNA.C., S/O.CHOWDEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT MARALAGALA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 21. MRS. JAYALAKSHMI, W/O.NINGEGOWDA, AGED ABOUT 48 YEARS, RESIDING AT SRINIVASA AGRAHARA, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. - 6 - NC: 2025:KHC:6295 WP No. 1689 of 2025 22. MR.SIDDEGOWDA.S.K., S/O. KRISHNEGOWDA, AGED ABOUT 51 YEARS, RESIDING AT NEELANAKOPPALU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 23. MR.SIDDAIAH.N.S., S/O.LATE SIDDAIAH @ HONDAIAH, AGED ABOUT 49 YEARS, RESIDING AT NEELANAKOPPALU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 24. MR.MADAIAH, S/O LATE BASAVAIAH, AGED ABOUT 53 YEARS, RESIDING AT NEELANAKOPPALU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 25. MR.SWAMIGOWDA, S/O.SIDDEGOWDA, AGED ABOUT 48 YEARS, RESIDING AT T.M. HOSURU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 26. MR.NAGESH.H.B., S/O. BALACHANDRA.H.M, AGED ABOUT 40 YEARS, - 7 - NC: 2025:KHC:6295 WP No. 1689 of 2025 RESIDING AT T.M.HOSURU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. 27. MR.MAHESH.H.B., S/O.BALACHANDRA.H.M, AGED ABOUT 40 YEARS, RESIDING AT T.M.HOSURU, K.SHETTAHALLI HOBALI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 807. …PETITIONERS (BY SRI. SATHYA. M. N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR.B.R.AMBEDKARVEEDHI, BENGALURU - 560 01, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. 3. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE, MYSORE DISTRICT - 570 001. - 8 - NC: 2025:KHC:6295 WP No. 1689 of 2025 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE - 570 001. 5. RETURNING OFFICER, SRIRANGAPATNA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MARAGOWDANAHALLI, KERAGODUHOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 446. 6. SRIRANGAPATNA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., SRIRANGAPTNA, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. 7. EXECUTIVE OFFICER, TALUK PANCHAYATH, SRIRANGAPATNA - 571 438. …RESPONDENTS (BY SRI.YOGESH B NAIK, AGA FOR R1, R3 TO R5; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI.T.DADAKHALANDAR, ADVOCATE FOR R6; NOTICE TO R7 IS DISPENSED WITH VIDE ORDER DATED 11.02.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE R-6 SOCIETY FOR THE TERM 2025-30 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO - 9 - NC: 2025:KHC:6295 WP No. 1689 of 2025 THE R-6 WHICH IS TO SCHEDULED TO HELD ON 25.01.2025 WITHOUT INSISTING FOR COMPLIANCE OF SECTION 20(2) (a-iv) (a-v) THE KARNATAKA CO OPERATIVE SOCIETIES ACT AND ETC., THIS PETITION, 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 to exercise the voting rights and include the names of the petitioners in the eligible list. 2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 25.01.2025 subject to final outcome of this petition. 3. Heard. 4. Learned counsel for the respondent-society submits that the situation now has been created in light of the eligible and ineligible voters list, where more than 80% of the members will not be able to participate in the election process. It is submitted that this Court, by way of - 10 - NC: 2025:KHC:6295 WP No. 1689 of 2025 interim arrangement, permitted the petitioners to cast their votes in the election that was scheduled on 25.01.2025, the votes cast to be counted and results to be announced and the aggrieved party to be permitted to approach the appropriate forum under Section 70 of the Karnataka Co-Operative Societies Act, 1959 ('Act' for short). 5. 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 Act, 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 - 11 - NC: 2025:KHC:6295 WP No. 1689 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 25.01.2025. 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. - 12 - NC: 2025:KHC:6295 WP No. 1689 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. SS List No.: 2 Sl No.: 8 Sd/- ____________________ JUSTICE K.S. HEMALEKHA