- 1 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13348 OF 2025 (CS-EL/M) BETWEEN: 1. SMT.PUTTALINGAMMA W/O SRI. PUTTAIAH AGED ABOUT 55 YEARS SHARE NO. 188/1 2. SRI. LINGAIAH S/O SRI LINGEGOWDA AGE: 54 YEARS SHARE NO. 107/2 3. SRI. BASAVARAJU S/O SRI KHANDEPPA AGE: 57 YEARS SHARE NO. 57/6 4. SRI. MADAPPA S/O. SRI SIDDAPPA AGE: 63 YEARS SHARE NO 113/5 5. SMT. SAVITHRAMMA W/O SHIVARUDRAIAH AGED 58 YEARS SHARE NO. 48/4 6. SRI. NINGAIAH S/O SRI LATE NINGAIAH AGE: 65 YEARS SHARE NO.127/3 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 7. SRI KULLAIAH S/O SRI KENCHEGOWDA AGED 54 YEARS SHARE NO.129/3 8. SRI CHANANIAH S/O SRI CHIKKIRAIAH AGE: 57 YEARS SHARE NO.60/4 9. SRI PRAKASH S V S/O LATE. SIDDAPPA AGE: 53 YEARS SHARE NO.128/4 10. SRI. CHIKKALINGALAH, S/O SRI. SIDDALINGALAH, AGE: 60 YEARS, SHARE NO. 195/2. 11. SRI. PRABHU, S/O LATE. KARIYAPPA, AGE: 43 YEARS, SHARE NO.196/4. 12. SRI. B.M. LINGEGOWDA S/O SRI. MADIAH. AGE: 48 YEARS, SHARE NO. 146/4. 13. SRI. SHANKARA, S/O LATE. KEMPEGOWDA, AGE: 50 YEARS, SHARE NO. 186/4. 14. SRI. SHIVALINGALAH, S/O LATE. SIDDEGOWDA, AGE: 59 YEARS, SHARE NO. 66/5. - 3 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 15. SRI. KUMARA, S/O SRI. BORAIAH, AGE 55 YEARS, SHARE NO.144/3. 16. SRI. H.S. RUDRESH, S/O SRI. H.B. JAYARAMU, AGE 45 YEARS, SHARE NO.171/5. 17. SMT. NAGAMMA, W/O SRI. KARIGOWDA, AGE: 65 YEARS, SHARE NO.181/4. 18. SRI. BOREGOWDA, S/O SRI. NINGAIAH, AGE 54 YEARS, SHARE NO.635. 19. SMT. CHIKKERAMMA, W/O SRI. SANNAIAH, AGE 59 YEARS, SHARE NO.73/6. 20. SRI. SHANKARASWAMY, S/O SRI. MADAIAH, AGE 58 YEARS, SHARE NO.131/5. 21. SRI. PUTTEGOWDA, S/O SRI. MAYIGOWDA, AGE 62 YEARS, SHARE NO.54/2. 22. SRI. SHIVAMURTHY, S/O SRI. SHIVAIAH, AGE 49 YEARS, SHARE NO.131/2. - 4 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 23. SRI. P. PUTTASWAMY, S/O SRI. PAPEGOWDA, AGE 50 YEARS, SHARE NO.73/6. 24. SRI. VEERABHADRASWAMY, S/O SRI. MADAIAH, AGE 55 YEARS, SHARE NO.154/3. 25. SRI. REVANNA, S/O SRI. RAJASHEKHARAPPA, AGE 50 YEARS, SHARE NO.136/4 26. SRI. SHIVALINGAIAH, S/O SRI. CHANNABASAVAIAH, AGE 55 YEARS, SHARE NO.91/2. ALL ARE THE MEMBERS OF THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCEITY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 405. …PETITIONERS (BY SRI. RAVINDRA PRASAD B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATIVE, M.S. BUILDING, BENGALURU - 560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, "A" BLOCK, K.H. ROAD, - 5 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 SHANTHINAGAR, BANGALORE - 560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA TALUK, MANDYA DISTRICT - 571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT - 571 401. 5. THE RETURNING OFFICER, THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 405. 6. THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 405. REP. BY ITS CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R6 - THE BEVUKALLU PRIMARY AGRICULTURAL CO- OPERATIVE SOCIETY, MANDYA - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST i.e., ANNEXURE- B, AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 6TH SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 30-04-2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes. 2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 1 W.P.No.8502/2022 dated 7.6.2022 - 7 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. 4. In that view of the matter, I pass the following: ORDER i) The Writ Petition is disposed of. ii) The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv) The votes cast by the petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until - 8 - HC-KAR NC: 2025:KHC:26001 WP No. 13348 of 2025 the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 2 Sl No.: 16 CT: BHK