- 1 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.24762/2025 (CS-RES) BETWEEN: 1. N. MANJUNATHA, S/O T. NARAYANA RAO, AGED ABOUT 61 YEARS, SHARE NO.1370. 2. SARASWATHI SHANKAR W/O SHANKAR AGED ABOUT 72 YEARS, SHARE NO.687. 3. A. SIDDACHARI, S/O LATE ANANDACHARI, AGED ABOUT 62 YEARS, SHARE NO.1398. 4. S.C. KISHORE KUMAR, S/O S. CHELUVAIAH, AGED ABOUT 65 YEARS, SHARE NO.1776. 5. NARAYANA .K, S/O KRISHNAPPA AGED ABOUT 64 YEARS, MEMBER SHIP NO.800. 6. HANUMANTHE GOWDA M.L. S/O LATE LANKE HANUMEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO.1531. 7. B.R. NATESH, S/O RAMEGOWDA, AGED ABOUT 75 YEARS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 MEMBER SHIP NO.371. 8. SASIDHARAN .N, S/O N. SUBRAMANYAM, AGED ABOUT 58 YEARS, SHARE NO.1727. 9. T.M. SHYLAJA, W/O B. SIDDESHA, AGED ABOUT 55 YEARS SHARE NO.1260. 10. DR. P.R. KUMAR, S/O P..S RAJASHEKHARAPPA, AGED ABOUT 79 YEARS, SHARE NO.1163. 11. D. MAHAVEER, S/O A. DHARANAPPA INDRA, AGED ABOUT 65 YEARS, SHARE NO.1390. 12. B.U. MYNA, W/O NARAYANA MANIYANI, AGED ABOUT 60 YEARS, SHARE NO.1400. 13. MUKHARIB D.S. M/O MUBASIROHATHIMA AGED ABOUT 44 YEARS, SHARE NO.1808. 14. ABUBUKAR SIDDIQ S/O HASSANAB AGED ABOUT 68 YEARS SHARE NO.1783. 15. N. NARAYAN MANIYANI, S/O MANA MANIYANI, AGED ABOUT 69 YEARS, SHARE NO.758. 16. M.C. PONNANNA, S/O CHANGAPPA - 3 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 AGED ABOUT 72 YEARS, SHARE NO.378. 17. KALPANA, W/O BOPAIAH AGED ABOUT 62 YEARS SHARE NO.1772. 18. KAMALA BAI, W/O H. SURESH AGED ABOUT 54 YEARS, SHARE NO.1755. 19. M. BHASKAR SABASTIAN, S/O MADAIAH AGED ABOUT 72 YEARS, SHARE NO.313. 20. JEENA DEVASIA W/O JOHNY JORGE K, AGED ABOUT 53 YEARS, SHARE NO.1743. 21. V.S. AMAR VENMURTHY, W/O RAMAN, AGED ABOUT 65 YEARS, SHARE NO.1665. 22. C.D. MALLESHAPPA, S/O DEVEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.1679. 23. S. GEETHA, W/O GURUPRASAD, AGED ABOUT 60 YEARS, MEMBER SHIP NO.1424. 24. H.T. RAMAKRISHNA, S/O THIMMEGOWDA, AGED ABOUT 64 YEARS, MEMBER SHIP NO.1441. 25. H.M. THAMMAIAH, S/O H.Y. MUTTU, - 4 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 AGED ABOUT 60 YEARS, MEMBER SHIP NO.1432. 26. D. BABU REDDY, S/O D. VENKATASUBBA REDDY AGED ABOUT 55 YEARS, MEMBER SHIP NO.1705. 27. J.S. NAGARAJ, S/O SATYANARAYANA RAO AGED ABOUT 61 YEARS, SHARE NO.1594. 28. B.N. SHANKAR, S/O NARASIMHA BHAT, AGED ABOUT 68 YEARS, SHARE NO.1596. 29. G.K. VYAKUNTAMURTHY, S/O KULLEGOWDA AGED ABOUT 62 YEARS, MEMBER SHIP NO.1781. 30. N.P. DAYANANDA, S/O N.C. PUTTASWAMY AGED ABOUT 68 YEARS, SHARE NO.1777. 31. Y.B. VENKATREDDY, S/O BHAIRAVAREDDY AGED ABOUT 50 YEARS, SHARE NO.1789. 32. ANWAR HUSSAIN, S/O ABJAN AGED ABOUT 62 YEARS SHARE NO.1412. 33. D.H. SRINIVAS S/O HANUMANTHA REDDY, AGED ABOUT 63 YEARS, SHARE NO.1416. 34. K.S. VISHWANATH S/O K.R. SHIVARAJAPPA, - 5 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 AGED ABOUT 53 YEARS SHARE NO.1782. 35. G. THIMMARAJU, S/O GURJARAPPA, AGED ABOUT 65 YEARS, SHARE NO. 1303. 36. R. JAYADEV REDDY, S/O GURUPRASAD REDDY AGED ABOUT 62 YEARS, SHARE NO.1126. 37. P.C. NEELAKANTHA, S/O CHANNAPAIAH AGED ABOUT 72 YEARS, SHARE NO.1097. 38. RAJASHEKHARAIAH, S/O K. NANJUNDAIAH AGED ABOUT 72 YEARS, SHARE NO. 781. 39. A.P. ANANTHKUMAR, S/O POOVAIAH, AGED ABOUT 68 YEARS, SHARE NO. 907. 40. B.V. RNJEETH KUMAR, S/O B. VENKATASWAMY AGED ABOUT 42 YEARS, SHARE NO. 1826. 41. PRADEEP KUMAR, S/O DEVID AGED ABOUT SHARE NO. 1796. 42. P. BASAVARAJU, S/O PUTTAIAH, AGED ABOUT 50 YEARS, SHARE NO.1786. 43. M.V. SRINIVAS REDDY, S/O VENKATRAM REDDY, AGED ABOUT 57 YEARS, - 6 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 SHARE NO.1708. 44. T.N. GOPINANADAN, S/O NARAYANASWAMY AGED ABOUT 50 YEARS SHARE NO.1677. 45. MANJUNATH .O, S/O OBAIAH, AGED ABOUT 48 YEARS SHARE NO.1817. 46. S.M. SHIVAMURTHY, S/O VEERESHAIAH, AGED ABOUT 45 YEARS, SHARE NO.1815. 47. T.V. PURUSHOTTAMA, S/O T. VENKATESH AGED ABOUT 64 YEARS SHARE NO.624. 48. S. KRISHNAMURTHY, S/O MALLAIAH SHETTY, AGED ABOUT 73 YEARS, SHARE NO.1645. 49. T. VENKATESH, S/O TIMMAIAH, AGED ABOUT 76 YEARS SHARE NO.738. 50. G. ANAND S/O GENDAGAIAH, AGED ABOUT 72 YEARS, SHARE NO.674. ALL ARE MEMBERS OF THE COFFEE BOARD EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., NO.1, DR. B.R. AMBEDIKAR VEEDI BENGALURU-560001. (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. SHAMANNA B.H. ADV.,) - 7 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, BANGALORE ZONE, NO.1, ALIASKAR ROAD BANGALORE-560052. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SAHAKARA BHAVANA, MARGASA ROAD, MALLESHWARAM, BENGALURU - 560001. 5. THE COFFEE BOARD EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., NO.1, DR. B.R. AMBEDIKAR VEEDI, BENGALURU-560001. REPT., BY CEO/SPECIAL OFFICER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). 6. RETURNING OFFICER THE COFFEE BOARD EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., (COFFEE MANDALI NOUKARAR GRUHA NIRMANA SAHAKARA SANGHA NIYAMITA) NO.1,DR. B.R. AMBEDIKAR VEEDI, BENGALURU-560001. - 8 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1, R3, R4 & R6 SRI. A. DEVARAJ, ADV., FOR R2 SRI. NAVEEN N.D. ADV., FOR R5 SRI. RAVIKUMAR B.R. ADV., FOR IMPLEADING APPLICANT IN IA 1/25) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST, WHO ARE NOW IN THE INELIGIBLE VOTERS LIST AS PER ANNEXURE-A AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 16.08.202 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list, who are now ineligible voters list and permit the petitioners to participate and vote in the elections to the respondent No.5 scheduled on 16.08.2025. 2. The petitioners contend that they are all members of respondent No.5. They contend that their names were - 9 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 wrongly included in the list of ineligible voters without following due process as contemplated under Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules, 1960' for short). Therefore, they pray that a direction be issued to the respondent Nos.2 to 6 to include their names in the list of eligible voters. 3. The learned counsel for the petitioners re-iterated the above contentions and submitted that the procedure as prescribed under Rule 13-D of Rules, 1960 is not complied and therefore, a direction deserves to be issued to the respondent Nos.2 to 6 to include the names of the petitioners. He further contends that this Court had granted an interim order dated 14.08.2025 permitting the petitioners to cast their votes. He therefore prays that a suitable direction be issued to the respondent No.6 to count the votes of petitioners and declare the results of the election. 4. The learned Additional Government Advocate submits that the issue is no longer res integra in view of the judgment of a co-ordinate bench of this Court in the case of - 10 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 H.S.Raju Vs. State of Karnataka and others - (2022) 4 AKR 775. 5. The question whether the petitioners were improperly shown in the list of ineligible voters, cannot be gone into by this Court in proceedings under Article 226 of the Constitution of India. The grievance if any of the petitioners has to be worked out before the appropriate authority, as preparation of voters list under Rule 13-D of Rules, 1960 is an integral part of the election process and any dispute regarding such preparation would invariably be a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act, 1959' for short) and the authority constituted under Section 70 of the Act, 1959 can alone decide the question regarding the validity of the electoral rolls prepared under Rules, 1960. 6. Now that the petitioners were permitted to cast their votes at the elections that were held on 16.08.2025, the petition deserves to be disposed off on similar terms as in the case of H.S.Raju referred supra. Accordingly, this writ petition is disposed off on the following terms: - 11 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 (i) The Returning officer shall count the votes cast at the elections held on 16.08.2025 to the committee of management of respondent No.5. (ii) The respondent No.6 shall announce the results of the elections. If the petitioners or any person are aggrieved by electoral roll, they may raise a dispute as provided under Section 70(2)(c) of the Act, 1959. (iii) If a dispute is raised, the concerned authority shall examine all questions including the validity of eligible and ineligible voters list and the consequent impact on the election to the board of the respondent No.5. (iv) It is needless to mention that the votes cast by the petitioners shall also be counted but shall be kept separately, so as to enable the authority under Section 70 of the Act, 1959 to take a decision as to whether the votes have to be counted or excluded while testing the results of the election held to the managing committee of respondent No.5. - 12 - HC-KAR NC: 2025:KHC:33905 W.P. No.24762/2025 (v) It is made clear that this Court has not expressed any opinion on the merits of the case or regarding the list published by the respondent Nos.3 to 5. (vi) The petitioners may raise a dispute before the concerned authority within a period of one month from the date of receipt of a copy of this order. (vii) In view of the disposal of this petition I.A.No.1/2025 does not survive for consideration. However, it is open for the applicant to approach the concerned authority in accordance with law and seek impleadment in the proceedings. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 17