- 1 - HC-KAR NC: 2025:KHC:28440 WP No. 9208 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9208 OF 2025 (CS-EL/M) BETWEEN: 1. SRI M.A. PALANI S/O LATE ANNIYAPPA, AGED ABOUT 70 YEARS, MEMBER SHIP NO.2237, R/AT NO.130, PMK HOUSE, 2ND STAGE, OKALIPURAM, BENGALURU-560021 …PETITIONER (BY SRI. KEMPARAJU.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S.BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T T M C A BLOCK, SHANTHI NAGAR, K H ROAD, BANGALORE – 560027 REPRESENTED BY ITS SECRETARY 3. THE REGISTRAR OF CO OPERATIVE SOCIETIES IN KARNATAKA NO.1 ALI ASKAR ROAD, BENGALURU – 560 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28440 WP No. 9208 of 2025 REPRESENTED BY ITS SECRETARY 4. THE RETURNING OFFICER THE REMCO (BHEL) HOUSE BUILDING CO OPERATIVE BANK LIMITED, NO.364, 5TH MAIN ROAD, REMCO LAYOUT, HAMPI NAGARA, BENGALURU – 560 104 5. THE REMCO (BHEL) HOUSE BUILDING CO OPERATIVE BANK LIMITED NO.364, 5TH MAIN ROAD, REMCO LAYOUT, HAMPI NAGARA, BENGALURU – 560 104 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SARAVANA ADVOCATE FOR R5 ( VK NOT FILED) SRI. B.S. MAHESHA ADVOCATE FOR R5 .,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DECLARE THAT SEC 20(2)(a-iv) AND (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA DIRECT, DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE RESPONDENT NO. 5 SOCIETY FOR THE TERM 2025-2030 AND PERMIT THE PETITIONER TO PARTICIPATE THE ELECTION I.E., TO VOTE IN THE ELECTION WITHOUT INSISTING FOR COMPLIANCE OF SEC 20(2)(a-iv) AND (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:28440 WP No. 9208 of 2025 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 Coordinate 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 Karnataka Co-operative Societies Act, 1959 after the 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - HC-KAR NC: 2025:KHC:28440 WP No. 9208 of 2025 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 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 votes cast by the petitioners. 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 may be raised are left open for consideration in - 5 - HC-KAR NC: 2025:KHC:28440 WP No. 9208 of 2025 accordance with the applicable law, this court has not expressed any opinion on those issues. iv) The votes cast by the 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 KTY List No.: 1 Sl No.: 14