- 1 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22163 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. CHIKKATHAIAMMA W/O. RAJEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.07. 2. SRI. CHINNASHETTY, S/O. PIDHASHETTY AGED ABOUT 66 YEARS, SHARE NO.249. 3. SMT. MANJULA, W/O. P. MUTHURAJU AGED ABOUT 41 YEARS, SHARE NO. 410. 4. SRI. MUNICHOWDA CHARI, S/O. MARIYA CHARI, AGED ABOUT 68 YEARS, SHARE NO. 112. 5. SRI. KRISHNA MURTHY, S/O. KULLACHARI, AGED ABOUT 63 YEARS, SHARE NO. 139. 6. SRI. DASEGOWDA, S/O. THIMMEGOWDA, AGED ABOUT 66 YEARS, SHARE NO. 198. 7. SMT. CHIKKATHAIAMMA, W/O. NANJEGOWDA, AGED ABOUT 63 YEARS, SHARE NO. 340. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 8. SRI. RAMCHANDRE GOWDA, S/O. KARI GOWDA, AGED ABOUT 61 YEARS, SHARE NO.344 . 9. SMT. SANNAMMA, W/O. BHOLLEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.345. 10. SMT. VENNAMMA, W/O. LATE NANJUNDALINGA CHARI, AGED ABOUT 65 YEARS, SHARE NO. 370. 11. SRI. SHIVANNA, S/O. L. SOMMEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.374. 12. SMT. RATHNAMMA, W/O. LINGARAJEGOWDA AGED ABOUT 52 YEARS, SHARE NO.454. 13. SRI. ERAPPA, S/O. SONNEGOWDA, AGED ABOUT 45 YEARS, SHARE NO.524. 14. SMT. VIJAYA, W/O. MANCHEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.525. 15. SRI. CHAMACHARI, S/O. KAPANACHARI, AGED ABOUT 63 YEARS, SHARE NO.560. 16. SRI. NAGARAJACHARI, S/O. LAKSHMACHARI AGED ABOUT 55 YEARS, SHARE NO.575. - 3 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 17. SMT. CHANDRAMMA, W/O. SHIVANEGOWDA, AGED ABOUT 64 YEARS, SHARE NO.71. ALL THE PETITIONERS ARE RESIDING AT N. KODIHALLI, HALAGURU HOBLI, MALAVALI TALUK, MANDYA DISTRICT-571430. …PETITIONERS (BY SRI. GIRI KUMAR S.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-560 001. 2. N. KODIHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, A REGISTERED CO-OPERATIVE SOCIETY UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 N. KODIHALLI, HALAGURU HOBLI, MALAVALI TALUK, MANDYA DISTRICT-571430. REPRESENTED BY ITS SECRETARY 3. THE RETURNING OFFICER, N. KODIHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, N. KODIHALLI, HALAGURU HOBLI, MALAVALI TALUK, MANDYA DISTRICT-571430. 4. THE ELECTION OFFICER, AND ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETY, (HOUSING AND OTHERS), OFFICE OF THE CO-OPERATIVE NO.1, ALI ASKAR ROAD, BENGALURU -560 052. - 4 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 5. CO-OPERATIVE ELECTION COMMISSION, REP BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC, 'A' BLOCK, SHANTINAGAR, BANGALORE - 560 002. …RESPONDENTS (BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 3 AND 4; SRI. T.L.KIRAN KUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.5; NOTICE SERVED ON RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACT OF THE RESPONDENT NO.2 IN DISQUALIFYING THE PETITIONERS FROM THE ELIGIBLE VOTERS LIST IS VIOLATIVE OF RULE 13(D)(3) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 BY ALLOWING THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for the following reliefs: "(a) Issue a writ of appropriate nature to declare that the act of the Respondent No.2 in disqualifying the petitioners from the eligible voters list is violative of Rule 13-D(3) and proviso to the Karnataka Co-operative - 5 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 Societies Act, 1959 by allowing this Writ Petition. (b) Issue a writ of mandamus directing the Respondents to permit the Petitioners to contest in the election process including right to vote scheduled to be held on 27.07.2025 at the premises of the 2nd respondent for the Management of Committee. Respondent Society for the next term of five years pursuant to ANNEXURE- A issued by the 3rd respondent." 2. When the petition was listed for preliminary hearing in 'B' group, the learned counsel for the petitioners submitted that the petitioners would not pursue relief No.(a) and restricts the writ petition to relief No.(b). 3. The petitioners contend that they are all members of respondent No.2. 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 - 6 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 issued to the respondent Nos.4 and 5 to include their names in the list of eligible voters. 4. 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 Nos.4 and 5 to include the names of the petitioners. He further contends that this Court had granted an interim order dated 24.07.2025 permitting the petitioners to cast their votes. However, results of the elections were not declared. He therefore prays that a suitable direction be issued to the respondent No.3 to count the votes of petitioners and declare the results of the election. 5. 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. - 7 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 6. 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 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. 7. Now that the petitioners are permitted to cast their votes at the elections that were held on 27.07.2025, 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: - 8 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 (i) The Returning officer shall count the votes cast at the elections held on 27.07.2025 to the committee of management of respondent No.2. (ii) The respondent No.3 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.2. (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.2. - 9 - HC-KAR NC: 2025:KHC:33480 WP No. 22163 of 2025 (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.4 and 5. (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.: 52