- 1 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16933 OF 2025 (CS-EL/M) BETWEEN: 1. VANAJAKSHAMMA S, W/O SUBBARAYA M.K., AGED ABOUT 51 YEARS, SHARE NO.720, 2. MOHAMMED, S/O EJAJ MOHAMMED, AGED ABOUT 63 YEARS, SHARE NO.740, 3. PUTTAMMA, W/O BORANAYAKA, AGED ABOUT 46 YEARS, SHARE NO.750, 4. SUNDARAMMA S, W/O RAMAKRISHNA R, AGED ABOUT 43 YEARS, SHARE NO.751, 5. KUMARA C.P., S/O PUTTASWAMYSHETTY, AGED ABOUT 33 YEARS, SHARE NO.754, 6. GOVINDAIAH, S/O JAVARAIAH, AGED ABOUT 54 YEARS, SHARE NO.761, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 7. BHAGYAMMA, W/O ASHOKANAYAKA, AGED ABOUT 41 YEARS, SHARE NO.763, 8. KRISHNAIAH, S/O BETTAIAH, AGED ABOUT 66 YEARS, SHARE NO.765, 9. JAYANTHI, W/O RAMU, AGED ABOUT 63 YEARS, SHARE NO.768, 10. VENKATESHAMURTHY C.K., S/O KRISHNAPPA V, AGED ABOUT 70 YEARS, SHARE NO.770, 11. SAMSUNNISSAH, S/O IBRAHIM KHAN, AGED ABOUT 41 YEARS, SHARE NO.784, 12. JAYAMMA, W/O JAYARAMA, AGED ABOUT 63 YEARS, SHARE NO.835, 13. SHIVAPPA M.R., S/O RAMASHETTY, AGED ABOUT 62 YEARS, SHARE NO.860, 14. CHALUVARAJU C.K., S/O KUNTAIAH, AGED ABOUT 68 YEARS, SHARE NO.898, - 3 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 15. ARUNA, S/O SWAMYGOWDA, AGED ABOUT 69 YEARS, SHARE NO.900, 16. RAJANAYAKA, S/O BASAVANAYAKA, AGED ABOUT 62 YEARS, SHARE NO.946, 17. KRISHNAMURTHY C.V., S/O VENKATESHAIAH, AGED ABOUT 70 YEARS, SHARE NO.964, 18. RAMANAYAKA, S/O GIRINAYAKA, AGED ABOUT 63 YEARS, SHARE NO.966, 19. KRISHNASHETTY, S/O SANNASHETTY, AGED ABOUT 63 YEARS, SHARE NO.1000, 20. RAVIGOWDA, S/O NINGEGOWDA, AGED ABOUT 66 YEARS, SHARE NO.1004, 21. MANIYAMMA, W/O SOMEGOWDA, AGED ABOUT 53 YEARS, SHARE NO.1009, 22. SANNAMMA, W/O RAMEGOWDA, AGED ABOUT 72 YEARS, SHARE NO.1012, - 4 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 23. THIMMANAYAKA, S/O KENCHNAYAKA, AGED ABOUT 66 YEARS, SHARE NO.1028, 24. JAYANNANAYAKA, S/O BASAVANAYAKA, AGED ABOUT 63 YEARS, SHARE NO.1046, 25. CHANDRANAYAKA, S/O PUTTANAYAKA, AGED ABOUT 71 YEARS, SHARE NO.1064, 26. NAGARAJU, S/O SUBBEGOWDA, AGED ABOUT 66 YEARS, SHARE NO.1065, 27. NOORULLAHKHAN, S/O KHASEEM KHAN, AGED ABOUT 68 YEARS, SHARE NO.1205, 28. VENKATARAMEGOWDA, W/O CHIKKANNEGOWDA, AGED ABOUT 71 YEARS, SHARE NO.1266, 29. VENKATESHA C.N., S/O RAMANNA C.N., AGED ABOUT 72 YEARS, SHARE NO.1254, 30. SHIVANNA, S/O JAVARAIAH, AGED ABOUT 67 YEARS, SHARE NO.1277, - 5 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 31. VENKATESHA, S/O DASAIAH, AGED ABOUT 68 YEARS, SHARE NO.1279, 32. SHIVANANJAMMA, W/O MOGANNA, AGED ABOUT 64 YEARS, SHARE NO.1284, 33. PARVATHAMMA, W/O CHIKKACHANNANAYAKA, AGED ABOUT 73 YEARS, SHARE NO.1289, 34. ATHAULLASHARIFF, S/O RAHIM SHARIFF, AGED ABOUT 66 YEARS, SHARE NO.1301, 35. SAVITHRAMMA, W/O KESHAVAMURTHY, AGED ABOUT 72 YEARS, SHARE NO.1311, 36. CHANDREGOWDA, S/O VENKATEGOWDA, AGED ABOUT 42 YEARS, SHARE NO.1315, 37. MUTHURAJU, S/O RAJEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.1340, 38. SOMASHEKARA, S/O PAPAIAH, AGED ABOUT 61 YEARS, SHARE NO.1342, - 6 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 39. JAYAMMA, W/O NAGARAJU C.P., AGED ABOUT 65 YEARS, SHARE NO.654, 40. GEETHA, W/O VENKATESHA, AGED ABOUT 51 YEARS, SHARE NO.815, 41. GOVINDAIAH, S/O CHALUVAIAH, AGED ABOUT 65 YEARS, SHARE NO.713, 42. AMBIKA H.S., W/O SUBHASH CHANDRA, AGED ABOUT 32 YEARS, SHARE NO.934, 43. PADMAMMA, W/O VENKATACHALAIAH, AGED ABOUT 62 YEARS, SHARE NO.699, 44. PARAMESHWARA, S/O SANNANARASAIAH, AGED ABOUT 63 YEARS, SHARE NO.838, 45. RAMANAYAKA, S/O GIRINAYAKA, AGED ABOUT 70 YEARS, SHARE NO.966, 46. KRISHNEGOWDA, S/O THAMMEGOWDA, AGED ABOUT 73 YEARS, SHARE NO.1030, - 7 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 47. SANNASHETTY, S/O ERASHETTY, AGED ABOUT 72 YEARS, SHARE NO.1034, 48. THAMMEGOWDA, S/O VENKATEGOWDA, AGED ABOUT 77 YEARS, SHARE NO.1038, 49. PUTTAMMANI, W/O SWAMY, AGED ABOUT 56 YEARS, SHARE NO.1084, 50. BHARATHESHA, S/O KRISHNEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.1190, 51. VINODHA, W/O RAJASHEKARA, AGED ABOUT 52 YEARS, SHARE NO.816, 52. VISHWANATHA C.V., S/O VENKATAGIRIYAIAH, AGED ABOUT 57 YEARS, SHARE NO.656, 53. ANITHA, W/O VASANTHAKUMARA, AGED ABOUT 46 YEARS, SHARE NO.1160, 54. NETHRAVATHI, W/O SUJENDRA, AGED ABOUT 47 YEARS, SHARE NO.759, - 8 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 55. PREMA, W/O PUTTARAJU, AGED ABOUT 44 YEARS, SHARE NO.988, 56. NAGARAJU H.M., S/O MALLEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.1054, 57. JYOTHI, W/O RAVIKUMARA, AGED ABOUT 47 YEARS, SHARE NO.1123, 58. SAVITHRI, W/O SUBRAMANYA, AGED ABOUT 62 YEARS, SHARE NO.1172, 59. SANNAMMA, W/O SIDDALINGAIAH, AGED ABOUT 61 YEARS, SHARE NO.1287, 60. ASHWATHTHAMMA, W/O NAGARAJU, AGED ABOUT 42 YEARS, SHARE NO.936, 61. SRIDHARAMURTHY H.R., S/O RAVINDRARAJ H, AGED ABOUT 41 YEARS, SHARE NO.1203, 62. GANESHA, S/O SUBBEGOWDA, AGED ABOUT 47 YEARS, SHARE NO.1002, - 9 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 63. RAVIKUMAR C.G., S/O GOPALA, AGED ABOUT 47 YEARS, SHARE NO.97, 64. KAMALAMMA, W/O SOMEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.289, 65. GOVINDEGOWDA, S/O BOREGOWDA, AGED ABOUT 62 YEARS, SHARE NO.643, 66. YASHODAMMA, W/O GOWDAIAH, AGED ABOUT 37 YEARS, SHARE NO.702, 67. SUBRAMANYA, S/O PUTTASWAMYGOWDA, AGED ABOUT 52 YEARS, SHARE NO.1171, 68. SUSHEELA, W/O THYAGARAJ, AGED ABOUT 36 YEARS, SHARE NO.1292, 69. VENKATESHPRASAD, S/O SRINIVASAMURTHY, AGED ABOUT 57 YEARS, SHARE NO.653, 70. KESHAVAPRASAD C.K., S/O KRISHNAMURTHY, AGED ABOUT 61 YEARS, SHARE NO.651, - 10 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 71. DATTATRI C.N., S/O NARAYANAPPA, AGED ABOUT 36 YEARS, SHARE NO.803, 72. GIRISHA C.N., S/O NAGARAJU C.V., AGED ABOUT 42 YEARS, SHARE NO.885, 73. SWAMY, S/O MARIKUNTAIAH, AGED ABOUT 63 YEARS, SHARE NO.1389, 74. BADRADDIN, S/O AMIRUDDIN, AGED ABOUT 41 YEARS, SHARE NO.1306, 75. RAVIPRAKASH C.S., S/O SRIKANTAIAH C.R., AGED ABOUT 43 YEARS, SHARE NO.1200, 76. ALIKUTTA, S/O MOHAMMEDKOK P.P., AGED ABOUT 41 YEARS, SHARE NO.685, 77. CHANDRA C.P., S/O PAPASHETTY, AGED ABOUT 38 YEARS, SHARE NO.695, 78. THASEENA BEGAM, W/O KHALEEL PASHA, AGED ABOUT 28 YEARS, SHARE NO.1071, - 11 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 79. SADANANDA, S/O CHALUVAIAH D, AGED ABOUT 31 YEARS, SHARE NO.729, 80. SHIVARAJU, S/O DASAPPA, AGED ABOUT 67 YEARS, SHARE NO.716, 81. SHOBHA C.R., W/O RAMU C, AGED ABOUT 31 YEARS, SHARE NO.868, 82. KHASIM, S/O GOUSE SHARIFF, AGED ABOUT 42 YEARS, SHARE NO.723, 83. KHALEEL AHMED, S/O SHEK IBRAHIM, AGED ABOUT 43 YEARS, SHARE NO.1309, 84. KHURSHID BEGAM, W/O UMMAR SHARIFF, AGED ABOUT 34 YEARS, SHARE NO.774, 85. RAJANAYAKA, S/O NANJUNDANAYAKA, AGED ABOUT 63 YEARS, SHARE NO.950, 86. SAKAMMA, W/O BASAVARAJU, AGED ABOUT 48 YEARS, SHARE NO.709, - 12 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 87. NAGAMMA, W/O SANNEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.881, 88. ANNAYYANAYAKA, S/O CHANNANAYAKA, AGED ABOUT 36 YEARS, SHARE NO.1299, 89. SHARADAMMA, S/O SANNANAYAKA, AGED ABOUT 72 YEARS, SHARE NO.744, 90. THIMMEGOWDA, S/O SUBBEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.1353, 91. KALAMMA, W/O KUNTTINAYAKA, AGED ABOUT 67 YEARS, SHARE NO.675, 92. RAMESHA, S/O NARASIMHEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.719, 93. SUBRAMANYA, S/O THIBBANAYAKA, AGED ABOUT 42 YEARS, SHARE NO.907, 94. PUTTANAYAKA, S/O KEMPASANNANAYAKA, AGED ABOUT 46 YEARS, SHARE NO.827, - 13 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 95. MANGALA, W/O KRISHNEGOWDA K.M., AGED ABOUT 57 YEARS, SHARE NO.1253, 96. GOWRAMMA, W/O SHIVANNANAYAKA, AGED ABOUT 56 YEARS, SHARE NO.1295, 97. RAJAMMA, W/O MAHADEVANAYAKA, AGED ABOUT 72 YEARS, SHARE NO.1298, 98. RAMEGOWDA K.C., S/O CHANNEGOWDA K.M., AGED ABOUT 63 YEARS, SHARE NO. 1318, 99. CHIKKARAMEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 44 YEARS, SHARE NO.1341, 100. GOWRAMMA, W/O BASAVARAJANAYAKA, AGED ABOUT 68 YEARS, SHARE NO.1296, 101. IBRAN PASHA, S/O NANNEJAAN, AGED ABOUT 43 YEARS, SHARE NO.686, 102. ROOPA, W/O LOKESH M.S., AGED ABOUT 41 YEARS, SHARE NO.1196, - 14 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 ALL ARE MEMBERS OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., CHILKUNDA, CHILKUNDA VILLAGE, HUNASURU TALUK, MYSURU DISTRICT – 571 105. …PETITIONERS (BY SRI. SANDESH T.B., 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, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE – 560 027. REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DISTRICT, MYSURU – 570 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNASURU SUB-DIVISION, HUNASURU TALUK, MYSORE DISTRICT – 571 105. - 15 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CILKUNDA, CILKUNDA VILLAGE, HUNASURU TALUK, MYSORE DISTRICT – 571 105, REP. BY ITS CHIEF EXECUTIVE OFFICER. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). 6. RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CILKUNDA, CILKUNDA VILLAGE, HUNASURU TALUK, MYSORE DISTRICT – 571 105. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3, R4 AND R6; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI.GIRISH B.N., ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 22.06.2025 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 16 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 THIS 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 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 Co-ordinate 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 1 W.P.No.8502/2022 dated 7.6.2022 - 17 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 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 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 Petitions are disposed of. ii) The Returning Officer in each of the above matters 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 in each of the above matters. - 18 - HC-KAR NC: 2025:KHC:26361 WP No. 16933 of 2025 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 votes cast by the respective 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 DH List No.: 1 Sl No.: 109