- 1 - HC-KAR NC: 2025:KHC:24303 WP No. 14198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14198 OF 2025 (CS-EL/M) BETWEEN: SRI NINGARAJA R S/O RANGASWAMAIAH, AGED ABOUT 36 YEARS, PRESIDENT, BACHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BACHAPURA VILLAGE. MAGADI TALUK, RAMANAGARA DISTRICT-562120. …PETITIONER (BY SRI. M .R. RAJGOPAL., SR. ADVOCATE FOR SRI. THILAKRAJ S.V..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION M.S BUILDING DR. BR AMBEDKARVEEDHI BENGALURU-560001 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB-DIVISION. RAMANAGARA-562124. 3. THE BENGALURU RURAL, URBAN AND RAMANAGARA DISTRICT CO-OPERATIVE MILK SOCIETIES UNION, DR.MARIGOWDA ROAD, BENGALURU-560027. 4. THE RETURNING OFFICER SRI.MAHESH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24303 WP No. 14198 of 2025 THE BENGALURU RURAL, URBAN AND RAMANAGARA DISTRICT CO-OPERATIVE MILK SOCIETIES UNION, DR.MARIGOWDA ROAD, BENGALURU-560027. 5. 1. 2. THE BACHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BY ITS SECRETARY SRI. SHIVANNA, MAGADI TALUK, RAMANAGARA DISTRICT-562120. (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT …RESPONDENTS IMPLEADING APPLICANTS SHRI GURUSWAMY B.R., S/O B.S. RANGADASAPPA AGED 47 YEARS ELECTED DIRECTOR OF THE BACHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., R/O BACHAPURA VILLAGE, THAGGIPUPPE POST, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. SHRI SWAMY, S/O LAKSHMINARASWAMAIAH, AGED 36 YEARS, ELECTED DIRECTOR OF THE BACHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., R/O BACHAPURA VILLAGE, THAGGIPUPPE POST, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. (BY SRI. YOGESH D. NAIK., AGA FOR R1, R2 & R4; SRI. B.L. SANJEEV., ADVOCATE FOR R3 & R5; SRI. L. CHANDRASHEKAR., ADVOCATE FOR IMPLEADING APPLICANT ON IA 2/25) - 3 - HC-KAR NC: 2025:KHC:24303 WP No. 14198 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 04/07-04-2025 ADDRESSED BY THE RESPONDENT NO.2 TO RESPONDENT NO.3 MANAGING DIRECTOR OF MILK UNION IN NO.SANIRA-46/DHURU/07/2025-26 AS PER ANNEXURE-J FOLLOWED BY THE ENDORSEMENT OF THE MILK UNION DATED 29-04-2025 IN NO. BAMUL/SHEA.THAM.03/KA.SAM-265/2025-26 AS PER ANNEXURE-K AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - HC-KAR NC: 2025:KHC:24303 WP No. 14198 of 2025 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 vote cast by the petitioner. 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 vote cast by the petitioner in the above matter. - 5 - HC-KAR NC: 2025:KHC:24303 WP No. 14198 of 2025 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 vote cast by the petitioner which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 23