- 1 - NC: 2025:KHC:8042 WP No. 2742 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.2742 OF 2025 (CS-EL/M) BETWEEN: 1. NINGEGOWDA T S S/O SHIVARAMEGOWDA AGED ABOUT 61 YEARS MEMBERSHIP NO.2559 2. JAGADISH S/O SIDDEGOWDA M J AGED ABOUT 58 YEARS MEMBERSHIP NO.1070 3. GOWRAMMA W/O GANGADHAR K AGED ABOUT 56 YEARS MEMBERSHIP NO.1835 4. VIJIYAMMA W/O VENKATARAMU AGED ABOUT 64 YEARS MEMBERSHIP NO.2261 5. GANGADHAR K S/O LATE KENCHEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.906 6. MADAPPA S/O MADAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO.2459 7. SHIVABEEREGOWDA S/O DODDABIREGOWDA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8042 WP No. 2742 of 2025 AGED ABOUT 54 YEARS MEMBERSHIP NO.5190 8. CHIKKABIREGOWDA S/O DODDABIREGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.5051 9. BOREGOWDA S/O MARIGOWDA AGED ABOUT 67 YEARS MEMBERSHIP NO.2234 10. CHANDRASHEKAR M D S/O PATEL DEVANNA AGED ABOUT 51 YEARS MEMBERSHIP NO.3126 11. SHIVARJAU M D S/O DEVANNA AGED ABOUT 60 YEARS MEMBERSHIP NO.3360 12. SHIVANNA S/O CHAMAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO.3392 13. BASAVANAIK S/O BAKRAIAHNA BASAVANAIK AGED ABOUT 51 YEARS MEMBERSHIP NO.1451 14. PUTTATHAYAMMA W/O KULLEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.156 15. KAMALAMMA S/O. MALAIAH .C AGED ABOUT 51 YEARS MEMBERSHIP NO.2527 - 3 - NC: 2025:KHC:8042 WP No. 2742 of 2025 16. LAKSHMAMMA S/O. DASANAIK AGED ABOUT 52 YEARS MEMBERSHIP NO.4340 17. BASAPPA .N S/O NANJEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.1336 18. MAHESH KUMAR .C S/O CHIKKEGOWDA AGED ABOUT 46 YEARS MEMBERSHIP NO.2175 19. PUTTA BASAVEGOWDA S/O BASAVEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.704 20. SHIVASWAMY K S/O KURIBIRAIAH .K AGED ABOUT 45 YEARS MEMBERSHIP NO.4634 21. M SWAMY S/O MALLIKARJUNA AGED ABOUT 51 YEARS MEMBERSHIP NO.5117 22. MANJUNATH R S/O RAJEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.3222 23. PUTTANNA M N S/O NANJAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.1076 24. NAGARAJU K S/O KALASEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.243 - 4 - NC: 2025:KHC:8042 WP No. 2742 of 2025 25. GAYATHRI M W/O RAMACHANDRU .T AGED ABOUT 45 YEARS MEMBERSHIP NO.1109 26. RAMACHANDRU P.T. S/O THIMMEGOWDA .K AGED ABOUT 50 YEARS MEMBERSHIP NO.727 ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., (BIRIHUNDI CONSTITUENCY) MYSURU, MYSURU TALUK, MYSURU DISTRICT-570001. … PETITIONERS (BY SRI SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION - 5 - NC: 2025:KHC:8042 WP No. 2742 of 2025 MYSURU TALUK, MYSURU DISTRICT-570001. 5. THE MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU TALUK, MYSURU DISTRICT-570001, REP. BY ITS CHIEF EXECUTIVE OFFICER (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU TALUK, MYSURU DISTRICT-570001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI S.B. TOTAD, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 6 - NC: 2025:KHC:8042 WP No. 2742 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- "“i) Issue a writ of mandamus directing the Respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioner to votes in the elections to the respondent no.5 which is scheduled to be held on 02.02.2025 vide Annexure-A in the interest of justice and equity. ii) Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.” 2. This Court by way of an interim arrangement on 30.01.2025 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 Sandesh T.B., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri S.B. Totad, learned counsel for respondent No.5. - 7 - NC: 2025:KHC:8042 WP No. 2742 of 2025 4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes. 5. 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 should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. - 8 - NC: 2025:KHC:8042 WP No. 2742 of 2025 7. 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. 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. 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:8042 WP No. 2742 of 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, on the final outcome of the election results shall also be taken into account before passing the final orders. - 10 - NC: 2025:KHC:8042 WP No. 2742 of 2025 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.: 15