- 1 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 30485 OF 2025 (CS-EL/M) BETWEEN: 1. SRI NARAYANASWAMY S/O SRI CHIKKACHANNAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO. 46 2. SMT. GAYITHRI W/O N. MURALI AGED ABOUT 34 YEARS MEMBERSHIP NO.03 3. SRI. NARAYANASWAMY S/O BACHAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO.08 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 4. SRI. T.N SRINIVASA S/O NARAYANAPPA AGED ABOUT 43 YEARS MEMBERSHIP NO.18 5. SRI. GANGAPPA S/O ANJINAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO.31 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 6. SRI. DEVARAJU T.N S/O NAGAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.65 Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 7. SRI. DYAVAPPA S/O VENKATARAYAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.68 8. SRI. ANJINAPPA S/O NARAYANAPPA AGED ABOUT 80 YEARS MEMBERSHIP NO.104 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 9. SRI. SIDDACHANNAKRISHNAPPA S/O MUNIYAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.104 10. SRI. KRISHNAPPA S/O MOPIRAPPA AGED ABOUT 73 YEARS MEMBERSHIP NO.148 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 11. SMT. MUNILAKSHMAMMA W/O RAMACHANDRAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO. 153 12. SMT. KRISHNAMMA W/O NANJUNDAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO.163 13. SRI. R. MANJUNATHA S/O RAMAKRISHNAPPA AGED ABOUT 47 YEARS MEMBERSHIP NO. 166 14. SRI. NARASHIMAPPA S/O DODDAMUNISHAMAPPA AGED ABOUT 71 YEARS MEMBERSHIP NO.190 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) - 3 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 15. SMT. NIRMALAMMA @ NIRMALA D/O CHANNAKRISHNAPPA AGED ABOUT 40 YEARS MEMBERSHIP NO.197 16. SMT. RUKMINIYAMMA W/O NARAYANASWAMY AGED ABOUT 55 YEARS MEMBERSHIP NO.207 17. SRI. NARAYANASWAMY S/O CHIKKACHANNAPPA AGED ABOUT 63 YEARS MEMBERSHIP NO.216 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 18. SMT SARASWATHAMMA, W/O RAMAKRISHNAPPA AGED ABOUT 48 YEARS, MEMBERSHIP NO 217 19. SMT CHANAKRISHNAMMA W/O NARAYANASWAMY AGED ABOUT 50 YEARS, MEMBERSHIP NO 218 20. SRI. R. MANJUNATHA S/O RAMAPPA AGED ABOUT 48 YEAR MEMBERSHIP NO.222 21. SMT. SARASWATHAMMA W/O HANUMANTHAPPA AGED ABOUT 49 YEAR MEMBERSHIP NO. 179 22. SMT. MANJULAMMA W/O DEVARAJA T.N AGED ABOUT 41 YEARS MEMBERSHIP NO. 132 23. SRI. ASHOK V. - 4 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 S/O VENKATAREDDY AGED ABOUT 39 YEARS MEMBERSHIP NO.07 24. SRI. ANJINAPPA S/O NARASAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO 133 25. SMT RATHNAMMA W/O NARAYANAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO. 156 ALL PETITIONERS ARE THE MEMBERS OF CHIKKATHEKAHALLI MILK PRODUCERS CO-OP, SOCIETY LTD CHIKKATHEKAHALLI VILLAGE, BASHETTIHALLI HOBLI SIDDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105 (A SOCIETY REGISTERED UNDER THE PROVISION OF THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959). …PETITIONERS (BY SRI. VIDYASHREE K.S., ADVOCATE SRI. CHOWDAREDDY T.M., 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 PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPURA DIVISION DISTRICT, CHIKKABALLAPURA - 562 101 4. THE ASSISTANT REGISTRAR OF - 5 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 CO OPERATIVE SOCIETIES CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPURA-562101 5. THE RETURNING OFFICER CHIKKATHEKAHALLI MILK PRODUCERS CO-OP, SOCIETY LTD CHIKKATHEKAHALLI VILLAGE, BASHETTIHALLI POST AND HOBLI SIDDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105 6. CHIKKATHEKAHALLI MILK PRODUCERS CO-OP, SOCIETY LTD, CHIKKATHEKAHALLI VILLAGE, BASHETTIHALLI HOBLI SIDDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT- 562105 BY ITS CHIEF EXECUTIVE OFFICER (THE RESPONDENT NO.6 IS A SOCIETY REGISTERED UNDER PROVISION OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGEH D. NAIK, AGA FOR R1, R3-5 SRI. DEVARAJA .A., ADVOCATE FOR R2 SRI. PRUTHVI WODEYAR, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE FINAL INELIGIBLE VOTERS LIST PREPARED AND PUBLISHED BY THE RESPONDENT NO. 5 OF THE RESPONDENT NO. 6 SOCIETY WHICH IS APPROVED BY RESPONDENT NO. 2 TO 4 AUTHORITIES IN SO FAR AS IT RELATES TO THE PETITIONERS ARE CONCERN IN INELIGIBLE VOTERS LIST WHICH IS PRODUCED AT ANNEXURE-C. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 6 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 ORAL ORDER Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1, 3 to 5. 2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondent No.5 to include their names in the eligible voters' list and permit them to contest and cast votes in the election that was scheduled to be held on 19.10.2025, in the interest of justice and equity. 3. It is noticed that the election for the society was already held. As per interim order dated 09.10.2025, the petitioners were permitted to cast votes in the election that was held. Accordingly, the petitioners have cast their votes, which were kept separately. 4. In view of the above, it is noticed that the petitioners are required to raise dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Therefore, I am of the opinion that the petition could be disposed off reserving liberty to the petitioners to raise dispute, - 7 - HC-KAR NC: 2025:KHC:45286 WP No. 30485 of 2025 in accordance with law. Accordingly, I proceed to pass the following: ORDER (i) Petition is disposed off. (ii) Liberty is reserved to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of copy of the order. In the meantime, the Returning Officer- respondent No.5 is directed to announce the election result without counting the votes already cast by the petitioners, but preserving them separately. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 4