- 1 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105683 OF 2025 (CS-EL/M) BETWEEN: 1. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI BEVOOR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER MANJUNATH TIMMANNA TOPALKATTI AGE: 35 YEARS, OCC: SERVICE,, R/O. BEVOOR–587103, TQ & DIST: BAGALKOTE. 2. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI HALLUR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER VIRUPAKSHAPPA S/O BASAVATAPPA KAJAGAR AGE: 56 YEARS, OCC: SERVICE, R/O. HALLUR–587103, TQ & DIST: BAGALKOTE. 3. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI SHIRUR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER HANMANT S/O BASAVRAJ BARADDI AGE: 28 YEARS, OCC: SERVICE, R/O. SHIRUR–587103, TQ & DIST: BAGALKOTE. 4. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI SUTAGUNDAR–587103, TQ & DIST: BAGALKOTE. REP BY ITS CHIEF EXECUTIVE OFFICER MAHADEV KARIYAPPA ROTTI AGE: 56 YEARS, OCC: SERVICE, R/O. SUTAGUNDAR – 587103, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 TQ & DIST: BAGALKOTE. 5. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI KIRASUR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER NINGAPPA S/O KALAKAPPA ABKARI AGE: 45 YEARS, OCC: SERVICE, R/O. KIRASUR–587103, TQ & DIST: BAGALKOTE. 6. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI BHAIRMATTI–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER YANKANNA S/O SIDRAMAPPA HALI, AGE: 57 YEARS, OCC: SERVICE, R/O. BHAIRMATTI–587103, TQ & DIST: BAGALKOTE. 7. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI MUGALLOLLI–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER, PRAVEEN S/O HANMANT PUJARI, AGE: 38 YEARS, OCC: SERVICE, R/O. MUGALLOLLI–587103, TQ & DIST: BAGALKOTE. 8. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI ACHANUR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER SHIVANAND S/O SIDDALINGAPPA MAHALINGAPUR, AGE: 27 YEARS, OCC: SERVICE, R/O. ACHANUR–587103, TQ & DIST: BAGALKOTE. 9. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI (SITIMANI)RAMPUR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER ANANTSHAYAN S/O JAYRAM DESHPANDE, AGE: 58 YEARS, OCC: SERVICE, R/O. RAMPUR– 587103, TQ & DIST: BAGALKOTE. 10. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI NEERALKERI – 587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER, RAMESH S/O YALLAPPA BIDARI, - 3 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 AGE: 46 YEARS, OCC: SERVICE, R/O. NEERALKERI – 587103, TQ & DIST: BAGALKOTE. 11. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI TIMMAPUR – 587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER NAGAPPA SHIVAPPA TUMBARMATTI AGE: 59 YEARS, OCC: SERVICE, R/O. TIMMAPUR – 587103, TQ & DIST: BAGALKOTE. 12. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI BILKERUR–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER ALLASAB S/O GAIBUSAB AIHOLI, AGE: 54 YEARS, OCC: SERVICE, R/O. BILKERUR – 587103, TQ & DIST: BAGALKOTE. 13. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI BODNAYAKANDINNI–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER SIDDHARUDH S/O MAHADEVAPPA KOLAR, AGE: 26 YEARS, OCC: SERVICE, R/O. BODNAYAKANDINNI–587103, TQ & DIST: BAGALKOTE. 14. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI MANKANI–580003, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER SHIVKUMARSWAMI S/O SIDDAYYA DENGIMATH AGE: 35 YEARS, OCC: SERVICE, R/O. MANKANI–587103, TQ & DIST: BAGALKOTE. 15. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI ILAL–587103, TQ & DIST: BAGALKOTE, REP BY ITS CHIEF EXECUTIVE OFFICER VENKATESH S/O GOVINDAPPA BIRALDINNI, AGE: 35 YEARS, OCC: SERVICE, R/O. ILAL – 587103, TQ & DIST: BAGALKOTE. 16. PRATHAMIK KRUSHI PATTIN SAHKARI SANGH NI BHAGAWATI–587103, TQ & DIST: BAGALKOTE, - 4 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 REP BY ITS CHIEF EXECUTIVE OFFICER GANGADHAR S/O SHIVAPUTRAPPA PADARA, AGE: 46 YEARS, OCC: SERVICE, R/O. BHAGAWATI – 587103, TQ & DIST: BAGALKOTE. …PETITIONERS (BY SRI. N.L. BATAKURKI AND SRI. A.P. HEGDE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, 6TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, BENGALURU-560 027. 3. THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, NAVNAGAAR, BAGALKOTE- 587103, TQ & DIST: BAGALKOTE. 4. THE RETURNING OFFICER TALUKA OKKALUTAN HUTTUVALI MARAT SAHAKRI SANGH NI BAGALKOTE (TAPCMS) HAGU SAHKAR ABHIVRUDHI ADHIKARI, SA SAN U NI KACHARI, BAGALKOTE-587103, TQ & DIST: BAGALKOTE. 5. CHIEF EXECUTIVE OFFICER, TALUKA OKKALUTAN HUTTUVALI MARAT SAHAKRI SANGH NI BAGALKOTE -587101, TQ & DIST: BAGALKOTE. …RESPONDENTS - 5 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 AND R3; SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R2; SRI. SUNIL DESAI, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE WRIT IN THE NATURE OF MANDAMUS TO DIRECT THE RESPONDENTS TO PREPARE FRESH VOTERS LIST BY INCLUDING THE PETITIONERS IN THE LIST OF ELIGIBLE VOTERS FOR THE CATEGORY A (CO- OP SOCIETY REPRESENTATIVE) CONSTITUENCY OF THE 5TH RESPONDENT SOCIETY AND TO PERMIT THE PETITIONERS HEREIN TO PARTICIPATE, CONTEST AND CAST THEIR VOTES IN THE ELECTION TO THE 5TH RESPONDENT SOCIETY TO BE HELD ON 23.08.2025 PER THE AS CALENDAR OF EVENTS ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-D, ISSUED DT.07-08- 2025 IN THE INTEREST OF JUSTICE AND EQUITY; (B) PASS SUCH ORDER OR ORDERS WHICH THIS HON BLE COURT DEEMS FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue writ in the nature of mandamus to direct the respondents to prepare fresh voters list by including the petitioners in the list of eligible voters for the Category A (Co-Op Society Representative) constituency of the 5th respondent society and to permit the petitioners herein to participate, contest and cast their votes in the election to the 5th respondent society to be held on 23.08.2025 per the as calendar of - 6 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 events issued by the 4th respondent vide Annexure-D, issued dt.07-08-2025 in the interest of justice and equity. (b) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case. 2. 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. 3. 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 had 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 and any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, 1 W.P.No.8502/2022 dated 07.06.2022 - 7 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 could only be considered in a dispute raised as regards 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. 4. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matters. 5. 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 petitioners in the above matter. iii) In the event of any proceeding being filed in relation to the results of the election under - 8 - HC-KAR NC: 2025:KHC-D:11036 WP No. 105683 of 2025 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. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 95