- 1 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18906 OF 2025 (CS-EL/M) BETWEEN: 1. GOWRAMMA, W/O M.K. VENKATESH, AGED ABOUT 54 YEARS, SHARE NO.145/1, 2. PRAKASH L, S/O LATE LINGEGOWDA, AGED ABOUT 45 YEARS, SHARE NO.310/28, 3. KEMPAMMA, W/O KARIGOWDA, AGED ABOUT 77 YEARS, SHARE NO.30/1, 4. MUDDAIAH, S/O KARIGOWDA, AGED ABOUT 82 YEARS, SHARE NO.40/1, 5. MARISWAMY, S/O KARIGOWDA, AGED ABOUT 60 YEARS, SHARE NO.11/1, 6. KENCHAMMA @ SIDDAMMA, W/O BASAVEGOWDA, AGED ABOUT 78 YEARS, SHARE NO.129/1, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 7. KEMPAMMA, W/O KEMPEGOWDA @ SOTTAPPA, AGED ABOUT 75 YEARS, SHARE NO.173/1B, 8. RAJESHWARI, W/O NAGARAJU, AGED ABOUT 45 YEARS, SHARE NO.186/1B, 9. K.M. NARAYANASWAMY, W/O MUDDAIAH, AGED ABOUT 50 YEARS, SHARE NO.190/1B, 10. SURESH K.M., S/O MUDDEGOWDA, AGED ABOUT 49 YEARS, SHARE NO.205/1B, 11. LAKSHMI, W/O MAHADEVU, AGED ABOUT 38 YEARS, SHARE NO.214/18, 12. M.B. BOLEGOWDA, S/O BOLEGOWDA @ MOTTEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.7/2, 13. NAGESH B.N., S/O LATE CHIKKANNA, AGED ABOUT 67 YEARS, SHARE NO.16/2, 14. M.B. PANCHAIAH, S/O BOLEGOWDA @ MOTTEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.30/2, - 3 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 15. KEMPPEGOWDA, S/O JAVARAYI GOWDA, AGED ABOUT 75 YEARS, SHARE NO.33/2, 16. LINGAMMA @ SATYAMMA, W/O LINGGEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.46/2, 17. JAYANTHI, W/O LINGGEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.57/2, 18. KEMPAMMA, W/O NINGGEGOWDA @ MEDDEGOWDA, AGED ABOUT 75 YEARS, SHARE NO.60/2, 19. SANNEGOWDA, S/O KULLEGOWDA, AGED ABOUT 76 YEARS, SHARE NO.87/2, 20. L. NAGARAJU, S/O L. NINGAIAH, AGED ABOUT 63 YEARS, SHARE NO.91/2, 21. KEMPAMMA, S/O. PUTTALINGAIAH, AGED ABOUT 72 YEARS, SHARE NO.32/5, 22. DOLLEGOWDA, S/O. KULLEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.244/2B, - 4 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 23. SHIVALINGGEGOWDA, S/O. LATE KEMPPEGOWDA, AGED ABOUT 53 YEARS, SHARE NO.285/2B, 24. NAVEEN KUMAR, S/O. CHIKKA MOGEGOWDA, AGED ABOUT 42 YEARS, SHARE NO.296/2B, 25. NINGAMMA, W/O. NAGANNA, AGED ABOUT 60 YEARS, SHARE NO.298/2B, 26. LAKSHMI, W/O. SRIKANTTEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.301/2B, 27. CHANNAMMA, S/O. NINGEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.250/3B, 28. LAKSHMAMMA, W/O. LATE DASEGOWDA, AGED ABOUT 75 YEARS, SHARE NO.268/3B, 29. LAKSHMI MANJULA, W/O. DR. BOREGOWDA, AGED ABOUT 62 YEARS, SHARE NO.264/3B, 30. CHIKKA VENKATEGOWDA, S/O. CHIKKA VENKATEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.35/4, - 5 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 31. A. T. VENKATEGOWDA, S/O. THIMMEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.37/4, 32. M. BHAGYAMMA, S/O. BOREGOWDA, AGED ABOUT 57 YEARS, SHARE NO.226/4B, 33. ASHA, W/O. PUTTASWAMY, AGED ABOUT 35 YEARS, SHARE NO.241/4B, 34. NINGEGOWDA, S/O. SIDDEGOWDA @ MANCHEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.244/4B, 35. M. R. NAVEEN KUMAR, S/O. B. RAMAIAHA, AGED ABOUT 46 YEARS, SHARE NO.340/4B, THE PETITIONERS ARE THE MEMBERS AND VOTERS OF THE MANIGERE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MADDUR TALUK, MANDYA DISTRICT – 571 422. …PETITIONERS (BY SRI. GIRISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS SECRETARY. - 6 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, K.H. ROAD, BANGALORE – 560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU – 560 001. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT – 571 401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT – 571 434. 6. THE RETURNING OFFICER, THE S I HONNALAGERE MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD., MANIGERE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MADDUR TALUK, MANDYA DISTRICT – 571 422. 7. MANIGERE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959, HAVING OFFICE AT MANIGERE - 7 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MADDUR TALUK, MANDYA DISTRICT – 571 422. REPRESENTED BY ITS PRESIDENT/ CHIEF EXECUTIVE OFFICER. 8. THE ELECTION OFFICER AND JOINT REGISTRAR CO-OPERATIVE SOCIETIES, MYSORE DIVISION, OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUBLIC OFFICES BUILDING, NEW SAYYAJI RAO ROAD, MYSORE, MYSORE DISTRICT – 570 024. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3 TO R6; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI.KALLESHAPPA, ADVOCATE FOR R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7-SOCIETY FOR THE ENSUING ELECTION OF THE BORD OF DIRECTORS OF THE RESPONDENT NO.7-SOCIETY FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. 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. 2. A Co-ordinate 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 9 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 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 Petitions are disposed of. ii) The Returning Officer in each of the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters. 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 - 10 - HC-KAR NC: 2025:KHC:26366 WP No. 18906 of 2025 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 votes cast by the respective petitioners 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 time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 111