- 1 - HC-KAR NC: 2025:KHC:25619 WP No. 14915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.14915 OF 2025 (CS-EL/M) BETWEEN: THE BANANTHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY (CODE 2311), BANANTHALLI, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA-562138. REP. BY PRESIDENT. CO-OPERATIVE SOCIETIES REGISTERED ACT, 1956. …PETITIONER (BY SRI AJAY PRABHU M., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB-DIVISION, RAMANAGARA-562159. 2. THE EXTENSION OFFICER, BENGALURU CO-OPERATIVE MILK UNION, CHANNAPATTANA SUB-OFFICE CHANNAPATTANA-562160. 3. THE DEPUTY COMMISSIONER AND ELECTION OFFICER, FEDERAL CO-OPERATIVE SOCIETIES, RAMANAGARA-562159. 4. THE CHIEF EXECUTIVE OFFICER, BANANTHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, BANAN THAHALLI, VIRUPAKSHIAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA-562138. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25619 WP No. 14915 of 2025 5. MANAGING DIRECTOR, BENGALURU CO-OPERATIVE MILK UNION LIMITED, DR. M.H. MARIGOWDA ROAD, DHARMARAM COLLEGE POST, BENGALURU-560029. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 & R-3; SRI THILAK RAJ S.V., ADVOCATE FOR PROPOSED R-6 & R-7; R-5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED CONSOLIDATED INELIGIBLE VOTERS LIST DATED 06.05.2025 PREPARED BY THE RESPONDENT NO.5 IN SO FAR AS PETITIONER IS CONCERNED IN ITEM NO.129 AS PER ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION , 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 1 W.P.No.8502/2022 dated 7.6.2022 - 3 - HC-KAR NC: 2025:KHC:25619 WP No. 14915 of 2025 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 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 - 4 - HC-KAR NC: 2025:KHC:25619 WP No. 14915 of 2025 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 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 time frame prescribed. v. In view of disposal of the main petition, pending IA's do not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 0