Karnataka High Court
Giddanahalli Milk Producers ... vs The State Of Karnataka on 12 June, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:20158
WP No. 15245 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 15245 OF 2025 (CS-RES)
BETWEEN:
1. GIDDANAHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
CHIKKABALLAPUR TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
G.V. NAGARAJU
SON OF VENKATARAMAREDDY
AGED ABOUT 49 YRS
REGISTERED CO-OPERATIVE SOCIETY
2. KUDUPAKUNTE MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
SHIDLAGHATTA TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
Digitally signed SEETHARAMAREDDY
by SHWETHA SON OF VENKATAREDDY
RAGHAVENDRA
AGED ABOUT 49 YRS
Location: HIGH
COURT OF REGISTERED CO-OPERATIVE SOCIETY
KARNATAKA
3. BEVINAHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
GOWRIBIDANUR TALUK
CHIKKABALLPUR DISTRICT-561213
BY ITS PRESIDENT AND DELEGATE
B.N.NAGRAJAGOWDA
S/O NARASIMHAYYA
AGED ABOUT 46 YRS
REGISTERED CO-OPERATIVE SOCIETY
-2-
NC: 2025:KHC:20158
WP No. 15245 of 2025
HC-KAR
4. PULAGANAHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
SATHEESH
SON OF GANGADHARAPPA
AGED ABOUT 50 YRS
REGISTERED CO-OPERATIVE SOCIETY
5. KELAGINA DINAMAGATANAHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
THIMMAPPA
SON OF CHIKKA VENKATAPPA
AGED ABOUT 68 YRS
REGISTERED CO-OPERATIVE SOCIETY
6. GUDIHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
GUDIHALLI, ABLUDU POST
SHIDLAGHATTA TALUK
CHIKKABALLAPUR DISTRICT
BY ITS DIRECTOR AND DELEGATE
UMESH
S/O KYATHAPPA
AGED ABOUT 45 YRS
REGISTERED CO-OPERATIVE SOCIETY
7. DIGUVAPALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
RAMESH
SON OF NARYANASWAMY
AGED ABOUT 49 YRS
REGISTERED CO-OPERATIVE SOCIETY
-3-
NC: 2025:KHC:20158
WP No. 15245 of 2025
HC-KAR
8. B. VADAHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
CHINTAMANI TALUK
CHIKKABALLPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
VENKATESH
SON OF VADDAHALLI
AGED ABOUT 48 YRS
REGISTERED CO-OPERATIVE SOCIETY
9. ANOOR MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
T. VENKATESHAPPA
SON OF THIMMAIAH
AGED ABOUT 72 YRS
REGISTERED CO-OPERATIVE SOCIETY
10. THARIDALU MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
GOWRIBIDNUR TALUK
CHIKKABALLAPUR DISTRICT
BY ITS PRESIDENT AND DELEGATE
VALAPPA T R
S/O RAMAPPA
AGED ABOUT 48 YRS
REGISTERED CO-OPERATIVE SOCIETY
...PETITIONERS
(BY SRI. SARAVANA S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
VIDHANA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI,
-4-
NC: 2025:KHC:20158
WP No. 15245 of 2025
HC-KAR
BENGALURU-560 001
REPT. BY ITS PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, T.T.M.C. 'A' BLOCK,
SHANTHI NAGAR,
BANGALORE-560 027,
REPRESENTED BY ITS SECRETARY.
3. DEPUTY COMMISSIONER / ELECTION OFFICER
KOLAR DISTRICT
KOLAR-563101
4. RETURNING OFFICER
KOLAR-CHIKKABALLAPUR DISTRICT
CENTRAL CO-OPERATIVE BANK LTD.,
#DCC BANK ROAD, KOLAR-563101.
5. KOLAR-CHIKKABALLAPUR DISTRICT
CENTRAL CO-OPERATIVE BANK LTD.,
DCC BANK ROAD, KOLAR-563101.
BY IT CHIEF EXECUTIVE OFFICER
REGISTERED CO-OPERATIVE SOCIETY
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2;
SRI. KALLESHAPPA, ADVOCATE FOR RESPONDENT NO.5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO PERMIT THE PETITIONERS TO PARTICIPATE
AND VOTE IN THE ELECTIONS TO THE 5TH RESPONDENT CO-
OPERATIVE SOCIETY SCHEDULED ON 28.05.2025 FOR TERM
2025-2030 AS PER CALENDAR OF EVENTS DATED 12.05.2025
-5-
NC: 2025:KHC:20158
WP No. 15245 of 2025
HC-KAR
VIDE ANNEXURE - A THROUGH THEIR DELEGATES AS PER
ANNEXURES-B, B1-B9.
THIS PETITION, 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 came to a
categorical conclusion that any irregularity in the
conduct of election in a petition under Article 226 of
the Constitution of India would not be the proper
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:20158
HC-KAR
remedy of 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 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 Petition is disposed of.
ii) The Returning Officer 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.
NC: 2025:KHC:20158
HC-KAR
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
SMA
