- 1 - HC-KAR NC: 2025:KHC-D:10381 WP No. 101234 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101234 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. MANTAPPAGOUDA S/O. BASAVARAJ NADAGOUDA AGE 50 YEARS, OCC. AGRICULTURE, R/O. CHITTAVADGI, TQ. HUNAGUND, DIST. BAGALKOT-587118. 2. SMT. SAVITA W/O. NAGARAJ HERUR ALIAS HULAGERI AGE 41, OCC. HOME MAKER, R/O. CHALAGERI COLONY, HUNAGUND, TQ. HUNAGUND, DIST. BAGALKOT-587118. …PETITIONERS (BY SRI. H N GULARADDI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M. S. BUILDING, 6TH FLOOR, BENGALURU-560001, R/BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, T. T. M. C., 'A' BLOCK, SHANTINAGAR, BENGALURU-560027, R/BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIEITIES Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10381 WP No. 101234 of 2025 GOVERNMENT OF KARNATAKA NO.1, ALI-ASKAR ROAD, BENGALURU-560052. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITIES, BAGALKOT, NAVANAGAR, BAGALKOT-587101. 5. THE RETURNING OFFICER, SHREE VIJAY MANTESH CO-OPERATIVE BANK, AND TAHASILDAR, HUNAGUND, TQ. HUNAGUND, DIST. BAGALKOT-587118 6. THE GENERAL MANAGER, SHREE VIJAY MANTESH CO-OPERATIVE BANK, HUNAGUND, TQ. HUNAGUND, DIST. BAGALKOT-587118. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI., AGA FOR R1 TO R5; SRI. SANJAY S. CHANAL., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENT NO. 05 FOR RECOUNTING STRICTLY IN COMPLIANCE OF ORDER PASSED BY THIS HON BLE COURT DATED. 29-01-2025 IN WP NO. 100434/2025 PRODUCED AT ANNEXURE-C AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:10381 WP No. 101234 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus or any other appropriate writ and direct the respondent No.5 for re-counting strictly in compliance of order passed by this Hon’ble Court dated: 29.01.2025 in W.P.No.100434/2025 produced at Annexure-C. b. Pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case. 2. During pendency of the matter, this Court vide order dated 04.07.2025 had directed the respondents to carry out the counting in accordance with the order dated 29.01.2025 in Shri Mantappagouda vs. The State Of Karnataka & Ors. in W.P.No.100434/2025 as also to videograph the same. 3. In pursuance thereof, the videographs have been produced before this Court vide a memo dated 22.07.2025. - 4 - HC-KAR NC: 2025:KHC-D:10381 WP No. 101234 of 2025 4. The submission of the learned counsel for the petitioner is that even during the recounting some of the invalid votes have been counted which has an adverse impact on the electoral results. 5. The aspect of whether the votes which have been counted properly or improperly and whether the particular vote is valid or invalid would have to be decided in an election petition, if so, filed by the petitioner and the same cannot be decided by this Court in a writ petition. Hence, reserving liberty to the petitioner to file necessary election petition, the petition stands disposed of. 6. The hard disk which has been produced by the learned AGA is directed to be returned to the learned AGA. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 66