- 1 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24446 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. NAGENDRA K S/O. LATE H.V. KRISHNAMURTHY AGED ABOUT 63 YEARS MEMBERSHIP NO.563 2. SMT. N. NANDINI W/O. NAGENDRA AGED ABOUT 52 YEARS MEMBERSHIP NO.1442 3. E. PAUL ROY BHASKARAN S/O. EDWARD V EBENEZER AGED ABOUT 64 YEARS MEMBERSHIP NO.1037 4. SRI. GANESH M T S/O. THAMMEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.316 5. K.B. NARASIMHAMURTHY S/O. NARASIMHAPPA K B AGED ABOUT 58 YEARS MEMBERSHIP NO.1474 6. A.P. LEELAVATHI W/O. M. VENU AGED ABOUT 72 YEARS MEMBERSHIP NO.1155 7. SRI. RAJAGOPAL S/O. SHESHAGIRIYAPPA AGED ABOUT 72 YEARS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 MEMBERSHIP NO.214 8. SUDHAMANI W/O. SOMASHEKAR AGED ABOUT 62 YEARS MEMBERSHIP NO.1088 9. VASUDEVA RAO CHAVAN S/O. LATE BHUJANGA RAO CHAVAN AGED ABOUT 58 YEARS MEMBERSHIP NO.273 10. B B MACHAMMA W/O. CHANNAVEERAPPA AGED ABOUT 61 YEARS MEMBERSHIP NO.1070 11. JYOTHI W/O. KUSHALAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.872 12. J.CHANDRANAIK S/O. JATHRA NAIK AGED ABOUT 70 YEARS MEMBERSHIP NO.1405 13. D.MANJUNATH S/O. DEVAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.745 14. JEEVAN PRAKASH S/O. VISHAKANTE GOWDA AGED ABOUT 66 YEARS MEMBERSHIP NO.289 15. H.V. BHADREGOWDA S/O. VEERAPPA AGED ABOUT 66 YEARS MEMBERSHIP NO.454 16. C.S. JAYALAKSHMI D/O. C.S. GUNDURAO AGED ABOUT 73 YEARS MEMBERSHIP NO.366 17. SRI. PARTHASARATHY S/O. RAMASWAMY - 3 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 AGED ABOUT 70 YEARS MEMBERSHIP NO.467 18. M N NAGESH S/O. NANJAPPA SHETTY AGED ABOUT 57 YEARS MEMBERSHIP NO.1656 19. VELAYUDHAM S/O LATE NAGAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO.1749 20. MAHADEVIAH S/O. LAKSHMAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO.995 21. J. RANI C/O. SUBRAMANYAM AGED ABOUT 65 YEARS MEMBERSHIP NO.493 22. JACOB MATHEW S/O N J MATHEW AGED ABOUT 65 YEARS MEMBERSHIP NO.824 23. VINCENT F. GONSALVES S/O. JOHN GONSALVES AGED ABOUT 55 YEARS MEMBERSHIP NO.1456 24. PREMA KUMAR S/O. PARTHASARATHI NAIDU, AGED ABOUT 66 YEARS, MEMBERSHIP NO.860 25. CHANCHALAKUMARI S/O. N.M. DAYANANDA SAGAR, AGED ABOUT 69 YEARS, MEMBERSHIP NO.367 26. KRISHNAPPA NAIK S/O GUMMANA NAIK, AGED ABOUT 72 YEARS, MEMBERSHIP NO.1227 27. MANJUNATHA S/O NARAYAN, AGED ABOUT 67 YEARS, - 4 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 MEMBERSHIP NO.953 28. RANJANI GAJENDRA W/O KUPPUSWAMY, AGED ABOUT 66 YEARS, MEMBERSHIP NO.1248 29. MATHEW ABRAHAM S/O E M ABRAHAM, AGED ABOUT 62 YEARS, MEMBERSHIP NO.1466 30. CHANNA NARASIMAIAH S/O VENKATESH GOWDA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.693 31. K M RAMAPRASAD S/O MALLAIAH, AGED ABOUT 77 YEARS, MEMBERSHIP NO.300 32. R RAGHURAM S/O RAMACHAR, AGED ABOUT 70 YEARS, MEMBERSHIP NO.794 33. ABDUL KHADAR S/O BASHEER AHAMED, AGED ABOUT 66 YEARS, MEMBERSHIP NO.500 34. S. RAVICHANDRAN S/O N S SUBBAIAH, AGED ABOUT 68 YEARS, MEMBERSHIP NO.651 35. SHIVARAM UPADHYA S/O NARAYAN UPADHYA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.532 36. LUCIAN JOHN S/O B JOHN, AGED ABOUT 74 YEARS, MEMBERSHIP NO.420 37. S K ESHWARACHAR S/O KALACHAR, AGED ABOUT 72 YEARS, - 5 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 MEMBERSHIP NO.463 38. S KUMAR S/O E N SRINIVASAN, AGED ABOUT 73 YEARS, MEMBERSHIP NO.850 39. S R PRASAD S/O SRIRANGACHAR, AGED ABOUT 72 YEARS, MEMBERSHIP NO.682 40. H. KENCHAPPA S/O HANUMAPPA, AGED ABOUT 73 YEARS, MEMBERSHIP NO.323 41. C. CHANNAIAH S/O CHIKKAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO.369 42. G.H. RANGASWAMY S/O HANUMAIAH, AGED ABOUT 63 YEARS, MEMBERSHIP NO.1012 43. M M BHEEMAIAH S/O MUTHANNA, AGED ABOUT 78 YEARS, MEMBERSHIP NO.623 ALL PETITIONERS MEMBER OF COFFEE BOARD EMPLOYEES CO-OP HOUSING SOCIETY LTD., NO.1, COFFEE BOARD BHAVAN, DR. AMBEDKAR VEEDHI BENGALURU-560 001 …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE DEPT. OF CO-OPERATION M.S. BUILDING BANGALORE-560 001 REP BY ITS PRINCIPAL SECRETARY - 6 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 2. CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP, BANGALORE-560027 BY ITS ELECTION COMMISSIONER 3. ELECTION OFFICER CUM ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRY AND DAILY AND ELECTION OFFICER) NO.1, ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE-560052 4. RETURNING OFFICER CUM COFFEE BOARD EMPLOYEES CO-OP HOUSING SOCIETY LTD., NO.1, COFFEE BOARD BHAVAN, DR. AMBEDKAR VEEDHI, BENGALURU-560001 5. COFFEE BOARD EMPLOYEES CO-OP. HOUSING SOCIETY LTD., NO.1, COFFEE BOARD BHAVAN, DR. AMBEDKAR VEEDHI, BENGALURU-560001 BY ITS SPECIAL OFFICER, (SOCIETY REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT) …RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. A. DEVARAJ, ADVOCATE FOR RESPONDENT NO.2; SRI. RAVIKUMARA B.R., ADVOCATE FOR IMPLEADING APPLICANT ON IA 1/25) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO PARTICIPATE AND VOTE IN THE ELECTIONS TO THE 5TH RESPONDENT CO-OPERATIVE SOCIETY SCHEDULED ON 16.08.2025 FOR TERM 2025-2030 AS PER CALENDAR OF EVENTS DATED 28.07.2025 VIDE ANNEXURE-A. - 7 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 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 respondents to permit the petitioners to participate and vote in the elections to the respondent No.5 scheduled on 16.08.2025 for term 2025-2030 as per calendar of events dated 28.07.2025. 2. The petitioners contend that they are all members of respondent No.5. They contend that their names were 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 and 3 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 - 8 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 Nos.2 and 3 to include the names of the petitioners. He further contends that this Court had granted an interim order dated 13.08.2025 permitting the petitioners to cast their votes. He therefore prays that a suitable direction be issued to the respondent No.4 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 coordinate bench of this Court in the case of 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 - 9 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 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: (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.4 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. - 10 - HC-KAR NC: 2025:KHC:33687 WP No. 24446 of 2025 (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. (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.2 and 3. (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. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 6