- 1 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 29448 OF 2025 (CS-EL/M) BETWEEN: 1. DHARMAPPA N J S/O JUNGEGOWDA AGED ABOUT 55 YEARS, MEMBERSHIP NO.4390. 2. HOVEGOWDA B.S S/O SHIVEGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.3811. 3. LIYAKATHA ALI, S/O ABDUL GAFAR, AGED ABOUT 48 YEARS, MEMBERSHIP NO.3225. 4. MAHESH N E S/O EREGWODA, AGED ABOUT 45 YEARS, MEMBERSHIP NO 4192 5. SARDAR PASHA, S/O ABDUL REHEMAN, AGED ABOUT 66 YEARS, MEMBERSHIP NO.4211. 6. VISHWANATH, S/O NANJEGWODA, AGED ABOUT 35 YEARS, MEMBERSHIP NO.4416. 7. CHANDREGWODA, N.U. S/O UDDEGOWDA, AGED ABOUT 45 YEARS, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 MEMBERSHIP NO.4487. 8. SARVATHA ALI, S/O SYED, AGED ABOUT 60 YEARS, MEMBERSHIP NO.5870. 9. SHAMEER JAN, S/O GULAM AHAMED, AGED ABOUT 55 YEARS, MEMBERSHIP NO.6279. 10. SHESHAIAH, S/O CHINNAIAH, AGED ABOUT 45 YEARS, MEMBERSHIP NO.6320 11. MALLESH, S/O EREAIAH, AGED ABOUT 60 YEARS, MEMBERSHIP NO.6321. 12. GIDDEGOWDA S/O DODDEGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.6328. 13. SHIVA, S/O MANJAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.6712. 14. JYOTHI A.J. W/O PRABHAKAR, AGED ABOUT 45 YEARS, MEMBERSHIP NO.7253. 15. PRABHAKAR, S/O UDDEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.7399. 16. SHANKRAPPA M. S/O PUTTEGOWDA, - 3 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 AGED ABOUT 65 YEARS, MEMBERSHIP NO.3721. 17. GIRISH H.R. S/O RUDREGWODA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.3026. 18. DEVRAJ H.R. S/O RUDREGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.3810. 19. MRUTHYUNJAYA, S/O MUDDUVERAIAH, AGED ABOUT 66 YEARS, MEMBERSHIP NO.7612. 20. CHANDRACHARI, S/O NANJACHARI, AGED ABOUT 60 YEARS, MEMBERSHIP NO.8177. 21. PUTTEGOWDA, S/O KRISHNEGWODA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.3186. 22. PARASHURAM, S/O BASASHETTY, AGED ABOUT 70 YEARS, MEMBERSHIP NO.6203. 23. MAHESH S.M. S/O MANJAPPASHETTY, AGED ABOUT 65 YEARS, MEMBERSHIP NO.7739. 24. SOMASHEKHAR, S/O SIDDAPPAGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.7199. - 4 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 25. PUTTARAJU, S/O MANJEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.3972. 26. RENUKA, W/O RUDREGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.7130. 27. JAGANATHA, S/O BHADREGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.740. 28. KARIYAPPA GOWDA, S/O CHANNEGOWDA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.868. 29. RAJASHEKHAR, S/O DYAVEGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 1044. 30. DHARMARAJU, S/O SHANKAREGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.4143. 31. SHANKARAMMA, W/O KARIYAPPAGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.6219. 32. ESHWAREGOWDA, S/O PUTTEGOWDA, AGED ABOUT 66 MEMBERSHIP NO.3971. 33. H.A. PRAKASH, S/O ANNEGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.5421. - 5 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 34. BINDUSAR, S/O SUBBEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.5521. 35. RAJASHEKHAR, S/O BHADREGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.5523. 36. NETREGOWDA K.B. S/O BASAPPA GOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 1682. 37. VINODA E S/O PRAKASH, AGED ABOUT 55 YEARS, MEMBERSHIP NO.3210. 38. PUTTEGOWDA K.R. S/O RUDREGWODA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.4047. 39. KARIYAPPA GOWDA, S/O RUDRAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO.4232. 40. RAMESH K.M. S/O MARIGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.2240. 41. THIMMEGOWDA, S/O PUTTEGOWDA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.5571. 42. LALITHA H.S. W/O JAYARAMA, AGED ABOUT 60 YEARS, - 6 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 MEMBERSHIP NO.4131 43. CHANDRAMMA, W/O VERABHADREGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.83. 44. CHANDREGOWDA, S/O DYAVEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.5129. 45. NAGARAJA, S/O DYAVEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.8026. 46. MOGANNAGOWDA, S/O DYAVEGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 1892. 47. SHANMUKHACHAR, S/O SIDDACHAR, AGED ABOUT 65 YEARS, MEMBERSHIP NO.5281. 48. LAKSHMINARAYAN, S/O RANGEGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.194. 49. PADMEGWODA, S/O GIDDEGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.3154. 50. VEERABHADREGWODA, S/O MALLEGWODA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.2338. 51. JAYAMMA, W/O VERABHADRAGOWDA, - 7 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 AGED ABOUT 65 YEARS, MEMBERSHIP NO.5724. 52. VEERUPAKSHA S.M S/O MALLEGOWDA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.9015. ALL ARE THE MEMBERS OF BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICTRICT-573123. (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. SHAMANNA B.H., ADVOCATE (AB)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, MYSORE ZONE, PUBLIC OFFICES BUILDING, NEW SYYAGIRAO ROAD, MYSORE - 570 024. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN DISTRICT - 573 201. 5. BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICT-573123. BY ITS MANAGER, (SOCIETY REGISTERED - 8 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER, BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICT-573123. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 & R6 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 266 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 OF NAGENAHALLI BORROWER CONSTITUENCY AS PER ANNEXURE -A AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULE TO BE HELD ON 05.10.2025. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent Nos.2 to 5 to include their names in the eligible voters' list and permit them to cast their votes in the election that was scheduled to be held on 26.08.2025. - 9 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 2. Heard learned Additional Government Advocate for respondent Nos.1, 3, 4 and 6. Learned counsel for the petitioners is absent. No representation. 3. Learned Additional Government Advocate submits that, as per the interim order dated 25.09.2025, the petitioners were permitted to cast vote in the election that is already held directing respondent No.6 to announce the result of the election without counting the votes already cast by the petitioners and therefore, he prays for passing appropriate orders. 4. The petitioners have raised several grounds in the petition. There is efficacious and statutory remedy available for the petitioners to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'). Now they have already cast their votes and the same is preserved in a separate box. Under such circumstances, I do not find any reason to keep the petition pending bypassing the statutory remedy that is available to the petitioners. 5. In view of the above, the following: - 10 - HC-KAR NC: 2025:KHC:53342 WP No. 29448 of 2025 ORDER (i) The petition is dismissed. (ii) The petitioners are at liberty to raise the dispute before the appropriate authority under Section 70 of the KCS Act, if they are advised to do so, within ten days from the date of receipt of the copy of this order. (iii) The Returning Officer-respondent No.6 is directed to announce the election result without counting the votes already cast by the petitioners, if the election result is not yet declared. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 6