- 1 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31654 OF 2025 (CS-RES) BETWEEN: 1. SRI. THIPPESH R S/O RAMAPPA, AGED ABOUT 40 YEARS 2. SMT. ASHA S W/O PARASHURAM E N AGED ABOUT 35 YEARS 3. SRI PARASHURAM E N S/O NAGENRAPPA AGED ABOUT 40 YEARS 4. SMT. HANUMANTAMMA W/O MAVURIGAPPA AGED ABOUT 80 YEARS BENEFIT OF SENIOR CITIZEN NOT CLAIMED 5. SRI GIDDAPPA S/O RAMAPPA AGED ABOUT 66 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 6. SMT. SAROJAMMA W/O GIDDAPPA AGED ABOUT 46 YEARS, 7. SMT. NETRAVATHI W/O. CHANDRASHEKHAR AGED ABOUT 32 YEARS, 8. SMT. MAVURAMMA Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 W/O MALLAPPA AGED ABOUT 51 YEARS, 9. SMT. MANJAMMA W/O HALAPPA AGED ABOUT 41 YEARS, 10. SRI HALAPPA S/O RAMAPPA AGED ABOUT 49 YEARS 11. SMT. GOWRAMMA W/O RANGAPPA AGED ABOUT 53 YEARS, 12. SRI HANUMANTHAPPA S/O PARASHAPPA AGED ABOUT 51 YEARS, 13. SRI RAMAPPA S/O HANUMANTHAPPA AGED ABOUT 70 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 14. SRI RAMAPPA S/O RANGAPPA AGED ABOUT 78 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 15. SRI NAGAPPA S/O RANAPPA AGED ABOUT 65 YEARS BENEFIT OF SENIOR CITIZEN NOT CLAIMED 16. SMT. HEMAVATHI W/O MAHESHAPPA, AGED ABOUT 44 YEARS 17. SRI HANUMANTHAPPA S/O BASAPPA, AGED ABUT 66 YEARS - 3 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 BENEFIT OF SENIOR CITIZEN NOT CLAIMED 18. SRI SHIVAMURTHY S/O PARAPPA, AGED ABOUT 56 YEARS 19. SRI GANGAMMA W/O BASAPPA, AGED ABOUT 50 YEARS 20. SMT. RATHNAMMA W/ MAHABHOVI, AGED ABOUT 25 YEARS 21. SRI SIDDA BHOVI S/O YNKA BHOVI, AGED ABOUT 68 YEARS BENEFIT OF SENIOR CITIZEN NOT CLAIMED 22. SMT. CHANDRAMMA W/O BHIMANNA, AGED ABOUT 62 YEARS 23. SMT. REKHA W/O PALAKSHAPPA, AGED ABOUT 39 YEARS 24. SMT. KAMALAKSHI W/O UMESH, AGED ABOUT 36 YEARS 25. SRI ANJANEYA S/O HANUMANTHAPPA, AGED ABOUT 49 YEARS 26. SMT SARASWATHAMMA W/O NAGAPPA AGED ABOUT 50 YEARS 27. SMT SUJATHA W/O PARASHURAM AGED ABOUT 37 YEARS - 4 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 28. SRI PARASHURAM S/O YALLOJIRAO, AGED ABOUT 42 YEARS 29. SRI YALLOJIRAO S/O MARIYAPPA, AGED ABOUT 59 YEARS 30. SRI PARVATHAMMA W/O YALLOJIRAO, AGED ABOUT 57 YEARS, 31. SMT RENUKAMMA W/O SURESH RAO, AGED ABOUT 40 YEARS, 32. SRI SHEKHARAPPA S/O MALLAPPA, AGED ABOUT 56 YEARS, 33. SMT SAROJAMMA W/O RAMAPPA, AGED ABOUT 71 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 34. SMT. YASHODAMMA W/O MAVURANGAPPA, AGED ABOUT 50 YEARS, 35. SMT. GIRIJAMMA W/O RUDRAPPA, AGED ABOUT 58 YEARS, 36. SMT. PEDDAKKA W/O YANKA BHOVI, AGED ABOUT 66 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 37. SRI JAGADISHA S/O MAVURIGAPPA, AGED ABOUT 48 YEARS, - 5 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 38. SMT. LALITHAMMA W/O VENKATESH, AGED ABOUT 39 YEARS, 39. SMT. RATHNAMMA W/O YANKA BHOVI, AGED ABOUT 75 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 40. SMT. RENUKA W/O THIPPESH, AGED ABOUT 36 YEARS, THE PETITIONERS NO.1 TO 40 ARE R/O. ITTIGEHALLI, ANAVERE POST, BHADRAVATI, SHIMOGA - 577 243 41. SRI. G.E. PUTTESH S/O. ESHWARAPPA, AGED ABOUT 59 YEARS, 42. SRI. PARAMESHWARAPPA .H. S/O PUTTAPPA, AGED ABOUT 75 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 43. SRI JAGADEESHA H.V. S/O PARAMESHWARAPPA .H., AGED ABOUT 47 YEARS, 44. SRI BASAPPA S/O RUDRAPPA, AGED ABOUT 75 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED 45. SRI RANGAPPA S/O NANJAPPA, AGED ABOUT 73 YEARS, BENEFIT OF SENIOR CITIZEN - 6 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 NOT CLAIMED 46. SRI. D.C. SURESH S/O. D. CHANNAVEERAPPA, AGED ABOUT 55 YEARS, 47. SRI. JANARDHANA H R S/O H RANGAPPA, AGED ABOUT 45 YEARS, 48. SRI. GIRISH H.V S/O PARAMESHWARAPPA H, AGED ABOUT 48 YEARS, 49. SRI. SHIVAPPA S.E S/O ESHWARAPPA .S, AGED ABOUT 55 YEARS, 50. SMT. ANASUYAMMA W/O. MURTHACHAR AGED ABOUT 60 YEARS. 51. SRI. MURTHAPPA S/O. KARIYACHARI, AGED ABOUT 62 YEARS. 52. SRI. KANTHAIAH S.L S/O. LAKSHMAIAH .S, AGED ABOUT 40 YEARS. 53. SRI. RAMESH A.K S/O. RANGAPPA AGED ABOUT 50 YEARS. 54. SRI. PUTTAPPA S/O. NANJAPPA, AGED ABOUT 54 YEARS. THE PETITIONERS NO.41 TO 54 ARE RESIDENTS OF GUDUMAGATTA VILLAGE, ANAVERI POST - 577 243 BHADRAVATHI TALUK, SHIMOGA DISTRICT. …PETITIONERS (BY SRI. HARISH N.R., ADVOCATE) - 7 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDINGS, DR. AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC A BLOCK SHANTHINAGAR, BENGALURU-560 027 REPRESENTED BY ITS SECRETARY 3. DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. 4. THE JOINT REGISTRAR FOR CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, VASANTHANAGAR, BENGALURU-560 052. 5. RETURNING OFFICER, PRARTHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA AND CO-OPERATIVE DEVELOPMENT OFFICER, BHADRAVATI-577 301 SHIMOGA DISTRICT. REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT 1959 6. PRARTHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA, BHADRAVATI - 577301 SHIVAMOGGA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 TO 5 SRI. A. DEVARAJ, ADVOCATE FOR R2) - 8 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST TO CAST VOTE FOR THE ELECTION GOING TO BE HELD BY R6 SOCIETY ON 26.10.2025 WHICH IS PRODUCED AS ANNEXURE-A. AND B. DIRECT THE R3 TO 5 TO PERMIT THE PETITIONERS TO PARTICIPATE IN THE ELECTION PROCESS WHICH WILL BE CONDUCTED ON 26.10.2025. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard Sri. Harish N.R., learned counsel for the petitioners, Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1, 3 to 5 and Sri. Devaraj A, learned counsel for respondent Nos.2. Perused the materials on record. 2. Petitioners being the members of respondent No.6 - Society, have approached this Court seeking issuance of writ in the nature of certiorari to quash the ineligible voters' list and to cast vote for the election that was scheduled to be held by respondent No.6 - Society on 26.10.2025, which is produced as per Annexure - A, and issuance of writ in the nature of - 9 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 mandamus directing respondent Nos.3 to 5 to permit the petitioners to participate in the election process, which was scheduled on 26.10.2025. 3. As per the interim order dated 23.10.2025, the petitioners were permitted to cast vote in the election that was scheduled on 26.10.2025 and keep the vote cast by the petitioners separately in separate ballot box, which shall be subject to the further orders by this Court. Accordingly, the petitioners have already cast their votes in the election. 4. The dispute regarding the inclusion of the names of the petitioners in the ineligible voters list could be raised by the petitioners before the Registrar invoking Section 70 of the Karnataka Cooperative Societies Act (for short 'the KCS Act'). Under such circumstances, I do not find any reason to bypass the statutory remedy available under Section 70 of the KCS Act and to entertain this petition. 5. Hence, the petition is disposed off with liberty to the petitioners to invoke Section 70 of the KCS Act and raise the dispute, if they are advised to do so. - 10 - HC-KAR NC: 2025:KHC:47790 WP No. 31654 of 2025 6. The Returning Officer - respondent No.5 is directed to announce the result without counting the vote cast by the petitioners. He is directed to keep the vote cast by the petitioners separately, which shall be subject to the final result of the dispute that may be raised by the petitioners. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 2 Sl No.: 1