- 1 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 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. 19502 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 18777 OF 2025 (CS-EL/M) IN WP No. 19502/2025 BETWEEN: 1. NETRAVATHI W/O YADUKUMAR AGED ABOUT 48 YEARS, SHARE NO.15, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 2. DAYAMANI W/O SHANKAR LINGEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 91 MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 3. LAKSHMAMMA D/O MUDDEGOWDA AGED ABOUT 65 YEARS, SHARE NO. 16 MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 4. SHLIPA W/O SUDAKAR, AGED ABOUT 38 YEARS, SHARE NO. 75 MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 5. NINGAMMA W/O CHANNEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 27 MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. …PETITIONERS (BY SRI. GIRISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPEARATION, M.S BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE STATE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, K H ROAD, BENGALURU- 560 027. REPRESENTED BY ITS COMMISSIONER 3. THE REGISTARAR OF CO-OPERATIVE SOCIEITES IN KARNATAKA - 3 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 NO. 1, ALI ASKAR ROAD, BENGALURU-560001. 4. THE DISTRICT CO OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE ASSISTANT REGISTRAR OF CO-OPEARATIVE SOCIEITES, MANDYA SUB DIVISION, MANDYA, MANDYA DISTRICT -571 434. 6. THE RETURNING OFFICER THE HULLENAHALL MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. 7. THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432, REPRESENTED BY ITS CEO …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7- SOCIETY FOR THE ENSUING ELECTION OF THE BORD OF DIRECTORS OF THE RESPONDENT NO.7-SOCIETY FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED (B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS AS VALID AND ELIGIBLE VOTERS AND INCLUDE THEIR NAMES IN THE ELIGILBLE/VALID VOTERS LIST TO ENABLE THEM TO CAST THEIR VOTES IN THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO. 7-SOCIETY SCHEDULED TO BE HELD ON 06.07.2025 FOR THE TERM 2025-30; C) PASS ANY SUCH OTHER ORDER OR ORDERS AS MAY BE APPROPRIATE IN THE - 4 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 18777/2025 BETWEEN: 1. ASHA H S D/O. SHIVANANJEGOWDA, AGED ABOUT 30 YEARS, SHARE NO.53, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 2. H N BHARATHI W/O. BASAVARAJU AGED ABOUT 46 YEARS, SHARE NO. 20, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 3. DHANALAKSHMI W/O. MAHADEVA, AGED ABOUT 38 YEARS, SHARE NO. 84, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 4. ROOPA W/O. NAGESH, AGED ABOUT 45 YEARS, SHARE NO. 32, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, - 5 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 MANDYA DISTRICT-571 432. 5. RATHI W/O. GANGADHARA GOWDA, AGED ABOUT 47 YEARS, SHARE NO. 3, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 6. SHOBHA D/O. SHIVANANJEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 43, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 7. PARVITRA W/O. SHIVANNA, AGED ABOUT 47 YEARS, SHARE NO. 85, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 8. LAKSHMI D/O ANDHANI SHETTY, AGED ABOUT 39 YEARS, SHARE NO, 13, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 9. AMMAIAH W/O, ANDHANI SHETTY, AGED ABOUT 69 YEARS, - 6 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 SHARE NO. 12, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 10. KUMARI D/O. ANDHANI SHETTY, AGED ABOUT 35 YEARS, SHARE NO. 14, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 11. SHUSHILA W/O. SHIVARAMEGOWDA, AGED ABOUT 51 YEARS, SHARE NO. 89, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 12. ROOPA W/O. BOREGOWDA, AGED ABOUT 38 YEARS, SHARE NO. 29, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 13. NAYANA D/O. RAMEGOWDA, AGED ABOUT 35 YEARS, SHARE NO. 19, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, - 7 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 MANDYA DISTRICT-571 432. 14. CHAYADEVI W/O. BYREGOWDA, AGED ABOUT 47 YEARS SHARE NO. 93, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. 15. LATHA D/O MANJEGOWDA, AGED ABOUT 78 YEARS, SHARE NO. 166/1, MEMBERS AND VOTERS OF RESPONDENT NO. 7, THE HULLENAHALLI MILK PRODUCED WOMAN CO-OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. ...PETITIONERS (BY SRI. GIRISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, K H ROAD, BENGALURU- 560027. REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKAR ROAD, BENGALURU-560001. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER - 8 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB DIVISION, MANDYA, MANDYA DISTRICT -571434. 6. THE RETURNING OFFICER THE HULLENAHALLI MILK PRODUCED WOMAN CO- OPERATIVE SOCIETY LTD., BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571432. 7. THE HULLENAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571432, REPRESENTED BY ITS CEO/ ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7-SOCIETY FOR THE ENSUING ELECTION OF THE BORD OF DIRECTORS OF THE RESPONDENT NO.7-SOCIETY FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED (B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS AS VALID AND ELIGIBLE VOTERS AND INCLUDE THEIR NAMES IN THE ELIGILBLE/VALID VOTERS LIST TO ENABLE THEM TO CAST THEIR VOTES IN THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO. 7-SOCIETY SCHEDULED TO BE HELD ON 06.07.2025 FOR THE TERM 2025-30; C) PASS ANY SUCH OTHER ORDER OR ORDERS AS MAY BE APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. - 9 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 THESE WRIT PETITIONS, COMING ON FOR ORDERS 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 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 - 10 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 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 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. iii) In the event of any proceeding being filed in relation to the results of the election under - 11 - HC-KAR NC: 2025:KHC:25267 WP No. 19502 of 2025 C/W WP No. 18777 of 2025 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 KG List No.: 1 Sl No.: 12