- 1 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15968 OF 2026 (CS-EL/M) BETWEEN: 1. H.C. KOMARI GOWDA AGED ABOUT 62 YEARS, S/O CHICKAIDE GOWDA MEMBERSHIP NO. 171 2. D. SIDDAIAH AGED ABOUT 46 YEARS, S/O DODDAMUGAIAH MEMBERSHIP NO. 10 3. H.S. DEVARAJU AGED ABOUT 61 YEARS, S/O PATEL SIDDE GOWDA MEMBERSHIP NO. 43 4. H.S. SIDDE GOWDA AGED ABOUT 70 YEARS, S/O PATEL SIDDE GOWDA MEMBERSHIP NO.42 5. H.L. SHANKARE GOWDA AGED ABOUT 45 YEARS S/O K LINGAIAH MEMBERSHIP NO.84 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 6. CHE. PUTTASWAMY AGED ABOUT 53 YEARS, S/O JOGI GOWDA MEMBERSHIP NO.82 7. SANNE GOWDA AGED ABOUT 64 YEARS, S/O SIDDE GOWDA MEMBERSHIP NO. 8 8. DEVAMMA AGED ABOUT 70 YEARS, W/O CHIKKAMUGAIAH MEMBERSHIP NO. 11 9. SHIVALINGAIAH, AGED ABOUT 43 YEARS, S/O SIDDE GOWDA MEMBERSHIP NO. 89 10. CHANDRAMMA AGED ABOUT 63 YEARS, W/O SIDDARAMU MEMBERSHIP NO. 34 11. JAYARAMU AGED ABOUT 51 YEARS S/O NIGE GOWDA MEMBERSHIP NO. 92 12. KEMPAMMA AGED ABOUT 54 YEARS W/O KULA NIGE GOWDA MEMBERSHIP NO. 36 - 3 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 13. THAYAMMA AGED ABOUT 54 YEARS, W/O C H S PAPANNA MEMBERSHIP NO. 44 14. NIGE GOWDA AGED ABOUT 61 YEARS, S/O VEERE GOWDA MEMBERSHIP NO. 47 15. LAKSHMAMMA AGED ABOUT 50 YEARS. W/O K LINGAIAH MEMBERSHIP NO. 95 16. JAYAMMA AGED ABOUT 44 YEARS. W/O THAMMAIAH MEMBERSHIP NO. 106 17. M LINGE GOWDA AGED ABOUT 58 YEARS. S/O GENDE MADE GOWDA MEMBERSHIP NO. 116 18. T SHIVARAJU AGED ABOUT 39 YEARS. S/O THAGADAIAH MEMBERSHIP NO. 133 19. THAYAMMA AGED ABOUT 65 YEARS. W/O BOCHE GOWDA MEMBERSHIP NO. 158 - 4 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 20. SIDDAIAH AGED ABOUT 59 YEARS. S/O MA SIDDAIAH MEMBERSHIP NO. 168 21. SHIVANNA AGED ABOUT 66 YEARS. S/O THAMAIAH @ SIDDE GOWDA MEMBERSHIP NO. 180 22. SHIVANNA AGED ABOUT 62 YEARS. S/O KEMPE GOWDA MEMBERSHIP NO. 200 23. SHIVALINGAIAH AGED ABOUT 59 YEARS. S/O DYAVAIAH MEMBERSHIP NO. 213 24. M. SHIVARAMU AGED ABOUT 48 YEARS. S/O MADHE GOWDA MEMBERSHIP NO. 217 25. JAYAMMA AGED ABOUT 58 YEARS. W/O SIDDE GOWDA MEMBERSHIP NO. 219 26. JAYAMMA AGED ABOUT 63 YEARS. S/O BILI GOWDA MEMBERSHIP NO. 225 - 5 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 27. CHIKKATHAYAMMA AGED ABOUT 65 YEARS. W/O KUNNE GOWDA MEMBERSHIP NO.226 28. CHIKKA THAYAMMA AGED ABOUT 72 YEARS. W/O KENCHAIAH MEMBERSHIP NO. 228 29. MANJU AGED ABOUT 43 YEARS. S/O N SIDDARAMU MEMBERSHIP NO. 229 30. MAHADEVA AGED ABOUT 54 YEARS. S/O GE MADE GOWDA MEMBERSHIP NO.235 31. H. PUTTE GOWDA AGED ABOUT 62 YEARS. S/O ANKE GOWDA MEMBERSHIP NO. 252 32. CHIKKA THAYAMMA AGED ABOUT 36 YEARS. S/O CHIKKA THAMMAIAH MEMBERSHIP NO. 266 33. SHIVA KUMAR AGED ABOUT 60 YEARS. S/O CHIKAIADE GOWDA MEMBERSHIP NO. 280 - 6 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 34. SURESH H S AGED ABOUT 62 YEARS S/O SHIVANNA HD MEMBERSHIP NO. 286 35. RAMALINGE GOWDA AGED ABOUT 57 YEARS. S/O CHIKKANNA MO MEMBERSHIP NO. 50 36. CHIKKANNA AGED ABOUT 60 YEARS. S/O DANDI BOLAIAH MEMBERSHIP NO. 48 37. SANNA THAYAMMA AGED ABOUT 60 YEARS. W/O A LINGAPPA MEMBERSHIP NO. 65 38. PUTTA THAYAMMA AGED ABOUT 50 YEARS. W/O SANNE GOWDA MEMBERSHIP NO. 73 39. GOWRAMMA AGED ABOUT 50 YEARS. W/O SHIVALINGAIAH MEMBERSHIP NO. 90 ALL ARE MEMBERS OF HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HAROKOPPA, VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK, RAMNAGARA DISTRICT - 562 138. …PETITIONERS (BY SRI. JAI PRAKASH REDDY M, ADVOCATE) - 7 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE - 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU - 560 027 BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES RAMNAGARA DISTRICT, RAMNAGARA - 562 159. 4. THE HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HAROKOPPA, VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK, RAMNAGARA DISTRICT - 562 138 BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 5. THE RETURNING OFFICER HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HAROKOPPA, VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK, RAMNAGARA DISTRICT - 562 138. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1 TO R3; SRI. P. ANAND, ADVOCATE FOR R4) - 8 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE RESPONDENT NO.4 SOCIETY BY INCLUDING THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF RESPONDENT NO.4 SOCIETY AS PER CALENDAR OF EVENTS DATED 12-05-2026 VIDE ANNEXURE-C ISSUED BY RESPONDENT NO.5 AND PERMIT THEM TO CAST THEIR VOTE IN THE ENSUING ELECTION ON 29-05-2026 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking for the following prayer: a. Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents to conduct the elections to the respondent No.4 society by including the names of the petitioners in the eligible voters list of respondent No.4 society as per calendar of events dated 12.05.2026 vide Annexure-C issued by respondent No.4 and permit them to cast their vote in the ensuing election on 29.05.2026. b. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 2. Learned counsel for the petitioners submits that the respondents have failed to consider the eligibility criteria and - 9 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 because of that, the petitioners have lost their opportunity to cast their votes in the ensuing election on 29.05.2026 and there may be a direction to the respondents to permit the petitioners to cast their votes. 3. Sri. P. Anand, learned counsel for respondent No.4 submits that this aspect cannot be gone into by this Court under Article 226 of the Constitution of India in the light of the judgment of the division bench of this Court, which is affirmed by the Hon'ble Apex Court. He has placed the judgment of the Co-ordinate Bench of this Court in W.P.No.5535/2025 dated 16.09.2025, wherein this Court has held that the question whether the petitioners are eligible or not cannot be gone into in proceedings under Article 226 of the Constitution of India and the questions relating to the constitution of a Co-operative Society or managing committee of a Co-operative Society are all questions which lie within the realm of the authorities under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). Hence, the Court has relegated the parties to the Registrar under Section 70 of the Act. In the light of the - 10 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 same, it is submitted that the writ petition cannot be entertained by this Court. 4. In response to that, learned counsel for the petitioners submits that the facts in this case are different, where the term of the earlier committee has expired in the year 2024 and contrary to the Act and the rules, the respondents have failed to consider the petitioner's case under Section 70 of the Act, the remedy for which lies only after the elections are conducted and not at this stage. Hence, it is submitted that this writ petition has to be independently decided, notwithstanding the fact that in the preferred writ petition 5535/2025 the parties are relegated to the Registrar under Section 70 of the Act. 5. Having heard the learned counsels on either side, perused the entire material on record. This Court is not able to appreciate the contention that is put forth by the petitioners that this is a different case and the facts and circumstances are about the eligibility and ineligibility of the petitioners' case. When this Court, relying on the division bench judgment, has observed that these aspects cannot be decided under Article - 11 - HC-KAR NC: 2026:KHC:25263 WP No. 15968 of 2026 226 of the Constitution of India when there is an effective alternative remedy under Section 70 of the Act to the petitioner. This Court cannot entertain the writ petition. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, reserving liberty to the petitioners to avail the appropriate remedies available under law. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 41