- 1 - HC-KAR NC: 2025:KHC:28581 WP No. 14484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14484 OF 2025 (CS-EL/M) BETWEEN: RAMESH G S/O GOVINDAPPA, AGE 53 YEARS, R/AT GALIBILIKOTE, DODDABALLAPURA TALUK, BANGALURU RURAL DISTRICT PIN-561203 …PETITIONER (BY SRI. KARUNAKARA P.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECTARY FOR DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001 2. THE STATE ELECTION COMMISSION, BELLARY ROAD, SADASHIVANAGAR, BENGALURU. 3. THE MANAGING DIRECTOR, BENGALURU CO-OPERATIVE MILK FEDERATION, DR. M.H MARIGOWDA ROAD, BENGALURU 560029 4. THE BANGALORE RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS FEDERATION, REPRESENTED BY ITS MANAGING DIRECTOR. BANGALORE HALL, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28581 WP No. 14484 of 2025 DR.M.H.MARIGOWDA ROAD, DR COLLEGE POST, BENGALURU 560 029. 5. ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETY. ALI ASKAR ROAD, BANGALORE 560001. 6. RETURNING OFFICER APPOINTED FOR BENGALURU CO-OPERATIVE MILK FEDERATION AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES URBAN BANK DIVISION THE OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BENGALURU. 560052 7. GALIBILIKOTE MILK PRODUCERS CO-OPERATIVE SOCIETY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER GALIBILIKOTE, DODDA BALLAPURA TALUK, BANGALORE RURAL- 561203. (REG SOCIETY U/S 706 KARNATAKA CO-OPERATIAVE SOCIETIES ACT) 8. JAYARAMIAH S/O CHIKKGOWDER, ADDRESS GALIBILIKOTE, ARABE POST, DODDABALLAPURA TALUK, BANGALORE RURAL- 561203 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. B.L. SANJEEV ., ADVOCATEFOR R3, R4 & R6; R7 & R8 -SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO DIRECT THE R-3 AND 4 TO INCLUDE THE NAME OF THE PETITIONER INSTEAD OF THE NAME OF R-8 AT SL.NO.801 OF THE ELIGIBLE VOTERS LIST OF THE R-4 FEDERATION ELECTION AT ANNX-A AND ETC. - 3 - HC-KAR NC: 2025:KHC:28581 WP No. 14484 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and that the vote cast by the petitioner shall be kept in separate ballot box. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 4 - HC-KAR NC: 2025:KHC:28581 WP No. 14484 of 2025 regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the vote cast by the petitioner. 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 vote cast by the petitioner in the above matter. 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 - 5 - HC-KAR NC: 2025:KHC:28581 WP No. 14484 of 2025 for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues. iv. The vote cast by the petitioner 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 timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 70