- 1 - NC: 2025:KHC:7496 WP No. 2235 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2235 OF 2025 (CS-EL/M) BETWEEN: 1. NAGARAJU .K S/O KALANEGOWDA, AGED ABOUT 51 YEARS, SERIAL NO.1 R/AT KOTEHUNDI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001. 2. GAYITHRI.M D/O RAMACHANDRU T. AGED ABOUT 55 YEARS, SERIAL NO.2 R/AT PARASAIAHRIAHUNDI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001. 3. DODDABASAVEGOWDA, S/O BASAVEGOWDA, AGED ABOUT 70 YEARS, SERIAL NO.3 R/AT PARASAIAHNAHUNDI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 4. RAMACHANDRA P.T S/O THIMMEGOWDA.K. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7496 WP No. 2235 of 2025 AGED ABOUT 65 YEARS, SERIAL NO.4 R/AT PARASAIAHNAHUNDI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT. PIN CODE NO.570001 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 5. NINGAMMA W/O DODDABAANVEGOWDA, AGED ABOUT 65 YEARS, SERIAL NO.5 R/AT PARASAIAHNAHUNDI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 6. LAKSHMAMAM D/O NARAYANAPPA, AGED ABOUT 61 YEARS, SERIAL NO.7 R/AT SRIRAMPURA VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT. PIN CODE NO.570001 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 7. PUTANNA.M.N S/O NANJAPPA AGED ABOUT 65 YEARS, SERIAL NO.26 R/AT MULLUR VILLAGE, JAYAPURA HOBLI, MYSORE TALUK AND DISTRICT PIN CODE NO.570001 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 8. RAMEGOWDA.G.S. AGED ABOUT 58 YEARS, SERIAL NO.27 R/AT MULLUR VILLAGE, - 3 - NC: 2025:KHC:7496 WP No. 2235 of 2025 S/O SANNATHAMMEGOWDA, JAYAPURA HOBLI, MYSORE TALUK AND DISTRICT PIN CODE NO.570001. 9. BOREGOWDA S/O MARIGOWDA, AGED ABOUT 62 YEARS, SERIAL NO.28 R/AT MULLUR VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT. PIN CODE NO.570001 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 10. SHIVANNA S/O CHAMAPPA, AGED ABOUT 51 YEARS, SERIAL NO.33 R/AT MULLUR VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001. 11. M. SWAMY S/O MALLIKARJUNA, AGED ABOUT 42 YEARS, SERIAL NO.39 R/AT D.SALUNDI VILLAGE, J. AYAPURA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001. 12. BASAPPA.N. S/O NANJEGOWDA, AGED ABOUT 55 YEARS, JAYAPURA HOBLI, SERIAL NO.40 R/AT DODDAHUNDI VILLAGE, MYSURU TALUK AND DISTRICT PIN CODE NO.570001. 13. MAHESH KUMAR.C. S/O CHIKKEGOWDA, AGED ABOUT 58 YEARS, - 4 - NC: 2025:KHC:7496 WP No. 2235 of 2025 SERIAL NO.42 R/AT DODDAHUNDI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT PIN CODE NO.570001. 14. PRABHUSWAMY S/O LATE NANJAPPA, AGED ABOUT 50 YEARS, SERIAL NO.47 R/AT YADAHALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK AND DISTRICT PIN CODE NO.570001. … PETITIONERS (BY SRI RAJU C.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGARA, K.H.ROAD, BENGALURU-560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1 ALI ASKAR ROAD, BENGALURU-560001. 4. THE ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETY MYSORE DIVISION, MYSORE, - 5 - NC: 2025:KHC:7496 WP No. 2235 of 2025 PUBLIC OFFICERS BUILDING, OPP. CORPORATION OFFICE NEW SAYAJI RAO ROAD, MYSORE-570024. 5. RETURNING OFFICER, MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NIYAMITHA MYSORE PIN CODE-562149. 6. MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NIYAMITHA MYSORE REPRESENTED BY ITS MANAGER, (CO-OPERATION INSTITUTION REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND RULES, 1960.) … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 TO R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SMT. NAYANASHREE A.K., ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 TO 6 PERMIT THE PETITIONERS TO EXERCISING THEIR VOTE IN THE ELECTION TO BE HELD ON 02.02.2025 VIDE ANNEXURE-A TO THE BOARD OF DIRECTORS OF THE RESPONDENT NO.6. 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:7496 WP No. 2235 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 permit the petitioners to exercising their vote in the election to be held on 02.02.2025 vide Annexure-A to the board of directors of the 6th Respondent and ii) To pass any appropriate writ, order or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 28.01.2025 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 Raju C.N., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 5, Sri T.L. Kiran Kumar, learned - 7 - NC: 2025:KHC:7496 WP No. 2235 of 2025 counsel for respondent No.2 and Smt. Nayanashree A.K., learned counsel for respondent No.6. 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 the petitioners have been included in the ineligible voters list on the ground that the petitioners have not attended the AGM meeting and not availed the minimum services as per the provisions under Section 20 (2) (a-iv) (a-v). Learned counsel for the petitioners submits that due to Covid-19 Pandemic, the petitioner could not participate in the meeting and availed minimum service as required under the provisions of the Act. 6. Learned counsel for the respondent-society fairly submits that the prescribed meeting as envisaged under the Act had not taken place due to Covid-19 - 8 - NC: 2025:KHC:7496 WP No. 2235 of 2025 Pandemic. It is submitted that the petitioners were permitted to take part in the elections and the votes cast by them to be included in the announcement of results. 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). 8. This Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others2 (B Ganganna) has observed that if is an exceptional case is made out, the writ petition under Article 226 can be exercised, the petitioners have 1 2022 (4) AKR 775 2 ILR 2024 KAR 1901 - 9 - NC: 2025:KHC:7496 WP No. 2235 of 2025 not made out any exceptional case for this Court to interfere under Article 226, without expressing any opinion on the eligibility or ineligibility of the voters list prepared and the same being a disputed question of fact, the parties are at liberty to approach the appropriate authority under Section 70 (2) (c) of the Act and hence, this Court pass 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 - 10 - NC: 2025:KHC:7496 WP No. 2235 of 2025 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. 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.: 6