- 1 - NC: 2025:KHC:8058 WP No. 1510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.1510 OF 2025 (CS-EL/M) BETWEEN: 1. SRI APPU P GOWDA S/O. SRI. PUTTASWAMY P. AGED ABOUT 41 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 2. SRI. V.R. SIDDAPPA, S/O. LATE SRI. V.S. RAMANNA, AGED ABOUT 51 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 3. SRI. V.K. NANAIAH, S/O. SRI. KENCHAIAH, AGED ABOUT 51 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 4. SRI. V.A. NARAYANA, S/O. SRI. AHEGOWDADA CHIKKANNA, AGED ABOUT 70 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8058 WP No. 1510 of 2025 5. SRI. S. SHANKAR, S/O. SRI. SHIVANNA, AGED ABOUT 65 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 6. SRI. V.N. KRISHNA, S/O. SRI JAYAMMA, AGED ABOUT 54 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 7. SRI. SURESH, S/O. SRI. NANJUNDEGOWDA, AGED ABOUT 55 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 8. SMT. RATHNAMMA W/O. SRI. V.M. SIDDAPPA, AGED ABOUT 64 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. 9. SMT. VISHALA, D/O. SRI. ANKAIAH, AGED ABOUT 42 YEARS, R/O. VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT PIN-571 428. … PETITIONERS (BY SMT. VAISHALI HEGDE, ADVOCATE) - 3 - NC: 2025:KHC:8058 WP No. 1510 of 2025 AND: 1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE - 560 001. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA-573 201. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA-571 440. 4. CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY THE COMMISSIONER, 3RD FLOOR, T.T.M.C BUILDING, A-BLOCK, SHANTHI NAGAR, BANGALORE-560 027. 5. THE DEPUTY COMMISSIONER AND RETURNING OFFICER, FOR DISTRICT FEDERAL CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA-571 401. 6. MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS’ SOCIETIES UNION LIMITED (MANMUL) GEJJALAGERE, MADDUR TALUK, MANDYA DISTRICT-571 428. REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959 REPRESENTED BY ITS MANAGING DIRECTOR. 7. VAIDYANATHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VAIDYANATHAPURA VILLAGE, MADDUR TALUK, - 4 - NC: 2025:KHC:8058 WP No. 1510 of 2025 MANDYA DISTRICT-571 428 REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959 REPRESENTED BY ITS SECRETARY. … RESPONDENTS (BY SRI YOGESH D. NAK, AGA FOR R-1 TO R-3 & R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-4; SRI B.L. SANJEEV, ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FINAL LIST OF INELIGIBLE VOTERS DATED 10.01.2025 VIDE ANNEXURE-K1 ISSUED BY THE RESPONDENT NOS.5 & 6 INSOFAR AS THE NAME OF THE 7TH RESPONDENT SOCIETY IS INCLUDED IN THE SAME IN THE INTEREST OF JUSTICE AND EQUITY; DIRECT THE RESPONDENTS TO INCLUDE THE 7TH RESPONDENT SOCIETY TO THE FINAL LIST ELIGIBLE VOTERS DATED 10.01.2025 VIDE ANNEXURE-K ISSUED BY THE RESPONDENT NOS.5 AND 6 AND PERMIT THE 1ST PETITIONER WHO IS THE DELEGATE OF THE 7TH RESPONDENT SOCIETY TO PARTICIPATE AND VOTE ON ITS BEHALF IN THE ELECTIONS TO THE R-6 SCHEDULED TO BE HELD ON 02.02.2025 IN TERMS OF THE REPRESENTATIONS DATED 17.01.2025 SUBMITTED BY THE PETITIONERS VIDE ANNEXURES-N AND N1. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:8058 WP No. 1510 of 2025 ORAL ORDER The petitioners are seeking for a direction directing the respondents to include respondent No.7-society to the final list of ineligible voters dated 10.01.2025 and permit petitioner No.1, who is the delegate of respondent No.7- soceity to participate and vote on its behalf in the election to respondent No.6-society, which was scheduled on 02.02.2025. 2. This Court by way of an interim arrangement on 23.01.2025 passed the following order: “In the morning hour when the matter was listed for preliminary hearing as the interim prayer was forthcoming in the memorandum of writ petition paper, the counsel for the petitioner was granted liberty to amend the prayer by in corporating interim prayer in the memorandum writ petition. Learned AGA accepts notice for respondent Nos.1, 2, 3 and 5. Sri.T.L.Kiran Kumar, learned counsel is directed to accept notice for respondent No.4. Issue emergent notice to respondent Nos.6 and 7 returnable by 11.02.2025. - 6 - NC: 2025:KHC:8058 WP No. 1510 of 2025 In the circumstances made out, the respondent No.6 is directed to accept the nomination of petitioner No.1, if otherwise is in order and permit the petitioner No.1 to contest and vote for the elections scheduled for the 6th respondent - Society on 02.02.2025 which would be subject to the final outcome of this writ petition. Cast votes of the petitioner to the kept in separate ballot. The announcement of results, would be on further orders of this Court. Hand delivery of the order is permitted.” 3. Heard Smt. Vaishali Hegde, learned counsel for petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 to 3 and 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.4 and Sri B.L. Sanjeev, learned counsel for respondent No.6. 4. Learned counsel for respondent No.6-society fairly submits based on the application which is accompanied by the affidavit of the Managing Director of the society that the cast votes of the petitioners in the election of respondent No.6-society to be counted and results to be announced. - 7 - NC: 2025:KHC:8058 WP No. 1510 of 2025 5. The grievance of the petitioners that the petitioners have been included in the ineligible voters list would suffice in light of the submissions made by the respondent stating that the cast votes of the petitioners to be counted and results to be announced 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 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 - 8 - NC: 2025:KHC:8058 WP No. 1510 of 2025 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. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 2