- 1 - NC: 2025:KHC:8043 WP No. 2283 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.2283 OF 2025 (CS-EL/M) BETWEEN: 1. SRI KRISHNAPPA .S AGED ABOUT 84 YEARS S/O. SIDDE GOWDA MEMBERSHIP NO.0014/16/BH1 2. SMT. INDRAMMA K AGED ABOUT 60 YEARS W/O. KRISHNAPPA S MEMBERSHIP NO.0128/157/BH-1 3. SRI BASAVARAJU B AGED ABOUT 67 YEARS S/O. LATE BASAVE GOWDA MEMBERSHIP NO.0342/157/BH-2 4. SRI SRINIVASAMURTHY AGED ABOUT 63 YEARS S/O. SIDDE GOWDA MEMBERSHIP NO.0427/250/BH-2 5. SRI KRISHNA B C AGED ABOUT 63 YEARS S/O. CHANNE GOWDA @ VADDALAPPA MEMBERSHIP NO.0634/222/BH-3 6. SRI NARAYANA B.K. AGED ABOUT 63 YEARS S/O. KENCHE GOWDA MEMBERSHIP NO.0652/233/BH-3 7. SRI RAMACHANDRA B AGED ABOUT 62 YEARS S/O. LATE B. BASAVE GOWDA MEMBERSHIP NO.0576/259/BH-3 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8043 WP No. 2283 of 2025 8. SRI MAYEE GOWDA AGED ABOUT 65 YEARS S/O. KUNDAGALAPPANA JAVARAYE GOWDA MEMBERSHIP NO.0756/040/BH-4 9. SRI BASAVARAJU M AGED ABOUT 57 YEARS S/O. BHADRAPPA MAYANNA MEMBERSHIP NO.0867/157/BH-4 10. SRI CHANDRU M AGED ABOUT 55 YEARS S/O. BHADRAPPANA MAYANNA MEMBERSHIP NO.0869/159/BH-4 11. SRI RAMESH B.N. AGED ABOUT 61 YEARS S/O. NARASARAJU @ THAMMAIAH MEMBERSHIP NO.1305/117/BH-6 12. SRI NIRANJAN KUMAR AGED ABOUT 52 YEARS S/O. LATE KRISHNE GOWDA MEMBERSHIP NO.7112/191/BH-6 13. SRI RAVINDRA B.S. AGED ABOUT 45 YEARS S/O. SIDDAPPA MEMBERSHIP NO.7332/011/BH-7 14. SRI BORE GOWDA B.L. AGED ABOUT 87 YEARS S/O. PALLAPPANA LINGE GOWDA MEMBERSHIP NO.7431/031/BH-7 15. SRI KEMPANNA G AGED ABOUT 53 YEARS S/O. GATTIGOWDA @ SOTTHAPPA MEMBERSHIP NO.7516/054/BH-7 16. SRI B. MANJUNATH AGED ABOUT 56 YEARS S/O. B.L. BORE GOWDA MEMBERSHIP NO.7326/8/BH-7 - 3 - NC: 2025:KHC:8043 WP No. 2283 of 2025 17. SRI DASE GOWDA AGED ABOUT 71 YEARS S/O. VENKATE GOWDA MEMBERSHIP NO.0201/245/BH-1 18. SRI KRISHNE GOWDA AGED ABOUT 50 YEARS S/O. KOKKALA NINGE GOWDA MEMBERSHIP NO.7130/205/BH-6 19. SRI HUCHE GOWDA AGED ABOUT 61 YEARS S/O. GOVINDE GOWDA @ HUCHEGOWDA MEMBERSHIP NO7541/068/BH-7 20. SRI VENKATESH B.R. AGED ABOUT 43 YEARS S/O. RAME GOWDA MEMBERSHIP NO.8326/086/BH-8 NO.1 TO 20 ARE RESIDENTS OF BANNUR VILLAGE, T. NARASIPURA TALUK, MYSORE – 570. 21. SRI MADE GOWDA AGED ABOUT 65 YEARS S/O KUNDAGALAPPA JAVARE GOWDA MEMBERSHIP NO.0335/147/BH-2 22. SRI CHALUVE GOWDA T AGED ABOUT 65 YEARS S/O. JAVARE GOWDA MEMBERSHIP NO.0393/215/BH-2 23. SRI LOKESHA M AGED ABOUT 53 YEARS S/O. MAYI @ MAYA GOWDA MEMBERSHIP NO.7172/212/BH-6 24. SRI SWAMY H.M. AGED ABOUT 67 YEARS S/O. P.H. HONNEGOWDA MEMBERSHIP NO.0843/130/BH-4 NO.21 TO 24 ARE RESIDENTS OF - 4 - NC: 2025:KHC:8043 WP No. 2283 of 2025 MAKANAHALLI VILLAGE, T. NARASIPURA TALUK, MYSORE – 570. 25. SRI PUTTASWAMY AGED ABOUT 69 YEARS S/O. SIDDE GOWDA MEMBERSHIP NO.7462/041/BH-7 R/O. MADIGAHALLI T. NARASIPURA TALUK, MYSORE 570. 26. SRI HOMBE GOWDA M AGED ABOUT 44 YEARS S/O. DEVARAGUDDA GOWDA MEMBERSHIP NO.0969/032BH-5 B.C. HALLI VILLAGE T. NARASIPURA TALUK, MYSORE – 570. 27. SRI SRINIVASA K.P. AGED ABOUT 70 YEARS S/O. PUTTASWAMY GOWDA MEMBERSHIP NO.7189/224/BH-6 R/O. KODAGALLI VILLAGE, T. NARASIPURA TALUK MYSORE-570. 28. SRI SRIKANTE GOWDA AGED ABOUT 63 YEARS S/O. VEEREGOWDA MEMBERSHIP NO.1053/099/BH-5 R/O. ARAVATTIGE GOPPA T. NARASIPURA TALUK MYSORE – 570. … PETITIONERS (BY SRI SHANTAKUMAR K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDINGS, AMBEDKAR VEEDI, BANGALORE-560001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, - 5 - NC: 2025:KHC:8043 WP No. 2283 of 2025 MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAVAJI RAO ROAD, MYSORE-570024. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE-570024. 4. THE RETURNING OFFICER T. NARASHIPURA PRIMARY CO-OPERATIVE AND RURAL DEVELOPMENT BANK LTD., T. NARASHIPURA-571124 MYSORE DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, T. NARASHIPURA PRIMARY CO-OPERATIVE AND RURAL DEVELOPMENT BANK LTD., T. NARASHIPURA-571124 MYSORE DISTRICT. 6. THE CO-OPERATIVE ELECTIONS COMMISSION, 3RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, K.H. ROAD, BANGALORE-027 BY ITS COMMISSIONER. … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 TO R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-6; NOTICE TO R-5 SERVED) 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. 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:8043 WP No. 2283 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 n 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. Learned counsel for the petitioners submits that in an identical matter in the case of Sri Venkatesha and others vs. The State of Karnataka and others1, this Court has permitted the petitioners, directing the Returning Officer to announce the results including the 1 WP No.2430/2025 D.D. 12.02.2025 - 7 - NC: 2025:KHC:8043 WP No. 2283 of 2025 votes of the petitioners and a similar order needs to be passed in the present petition as well. 3. Heard Sri Shantakumar K.C., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 to 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.6. 4. Respondent No.5 though served has chosen to remain absent. 5. As the issue is squarely covered in identical matter in W.P. No.2430/2025 (supra), the present petition needs to be disposed of in similar terms and accordingly, this Court pass the following order: 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. - 8 - NC: 2025:KHC:8043 WP No. 2283 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. - 9 - NC: 2025:KHC:8043 WP No. 2283 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.: 9