- 1 - NC: 2025:KHC:6056 WP No. 47 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. 47 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. B.S. NARAYANA GOWDA S/O. H.SUBBANNA, AGED ABOUT 60 YEARS, DIRECTOR AND FORMER PRESIDENT OF 2ND RESPONDENT SOCIETY, R/O. NO.343, NARAYANAPURA ROAD, NEAR ANGANAVADI, BETTAHALASURU POST, BETTAHALASURU, BENGALURU - 562 157. 2. SRI. SRINIVAS B.N., S/O. B.A.NARAYANASWAMY, AGED ABOUT 49 YEARS, R/O. NO.295, HADONAHALLI STREET, BETTAHALASUR, BENGALURU - 562 157. …PETITIONERS (BY SRI. PRAKASH SHETTY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6056 WP No. 47 of 2025 REP BY ITS SECRETARY. 2. BETTA HALASURU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., JALA HOBLI, YELAHANKA TALUK, BENGALURU URBAN - 562 157. REP BY ITS CHIEF EXECUTIVE OFFICER. 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C A BLOCK, SHANTHI NAGAR, BENGALURU-560 027. REP BY ITS SECRETARY. 4. RETURNING OFFICER, BETTA HALASURU PRIMARY AGRICULTURAL, CO-OPERATIVE SOCIETY LTD., JALA HOBLI, YELAHANKA TALUK, BENGALURU URBAN - 562 157. 5. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, BENGALURU NORTH DISTRICT, SAHAKARI SOUDHA, 9th CROSS, MALLESHWARAM, BENGALURU - 560 004. …RESPONDENTS (BY SRI. YOGESH B NAIK, AGA FOR R.1, 4 & 5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R.3; SRI. SAILESH S.K., ADVOCATE FOR R.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAIN TO ISSUE OF THE CALENDAR OF EVENTS ISSUED BY R-4 DTD. 19.12.2024. DIRECT THE R-2 TO 5 TO PREPARE VOTER LIST OF R-2 SOCIETY FOR THE YEAR 2025-2030 IN ACCORDANCE WITH LIST OF MEMBERS WITHOUT INSISTING UNDER SEC 20(2) (a-iv) (a-v) OF ACT AND ETC. - 3 - NC: 2025:KHC:6056 WP No. 47 of 2025 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 for the following prayers:- "i. Call for records pertain to issue of the calendar of events issued by the 4th respondent dated 19-12-2024. ii. Issue a writ, order, direction, writ of Mandamus directing the respondents 2 to 5 to prepare voter list of 2nd respondent Society for the year 2025-2030, in accordance with list of members without insisting under Sec 20 (2) (a-iv) (a-v) of Act. iii. Issue a writ or order, direction, writ of Mandamus directing the respondents to permit the petitioner to vote and contest in upcoming election of the Board of Directors for the term 2019-2020 to 2024-2025 of the 2nd respondent Society as per Annexure-A of calendar of events dated 9-12-2024 issued by the 4th respondent. - 4 - NC: 2025:KHC:6056 WP No. 47 of 2025 iv. Grant such other relief as deemed fit in facts and circumstance of the case by this Hon’ble Court, in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 07.01.2025 permitted the petitioners to contest and cast their votes in the ensuing election scheduled on 18.01.2025 subject to final outcome of this petition. 3. Heard Sri S. Prakash Shetty, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 4 and 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.3 and Sri Sailesh S.K., learned counsel for respondent No.2. 4. Counsel for the petitioners submits that the election has been held as scheduled on 18.01.2025 and the petitioners have cast their votes. 5. Learned counsel for the respondent files a memo stating that the connected writ petition in - 5 - NC: 2025:KHC:6056 WP No. 47 of 2025 W.P.No.875/2025 disposed on 30.01.2025, W.P.No.247/2025 disposed on 25.01.2025, W.P.No.804/2025 and W.P.No.697/2025 disposed of on 27.01.2025 pertains to the same society i.e., Betta Halasuru Primary Agricultural Co-operative Society and similar order needs to be ordered in this petition as well and the petitioners in the present petition who are permitted to cast their votes need to be counted and the election results needs to be announced. 6. The impleading applicants seek to raise several contentions regarding the right of the petitioners and also stated about the compliance of Rule 13-D by the society and that the petitioners are not entitled to have the benefit of the interim order granted by this Court and thus, the cast votes of the petitioners not to be included and counted in the election that was scheduled on 18.01.2025. 7. Though the learned counsel for the impleading applicantS has raised several contentions, such aspects - 6 - NC: 2025:KHC:6056 WP No. 47 of 2025 involve disputed questions of fact, which cannot be adjudicated in writ proceedings which have to be adjudicated before the appropriate authority. 8. 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. Writ petition is disposed of. 1 2022 (4) AKR 775 - 7 - NC: 2025:KHC:6056 WP No. 47 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 18.01.2025. 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. 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, - 8 - NC: 2025:KHC:6056 WP No. 47 of 2025 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. Pending I.As, if any, does not survive for consideration, stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 14