Karnataka High Court

C N Ravi vs The State Of Karnataka on 14 March, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                 -1-
                                                             NC: 2025:KHC:10688
                                                           WP No. 2418 of 2025
                                                       C/W WP No. 2726 of 2025



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 14TH DAY OF MARCH, 2025

                                           BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

                            WRIT PETITION NO.2418 OF 2025 (CS-EL/M)
                                             C/W
                            WRIT PETITION NO.2726 OF 2025 (CS-EL/M)

                   IN WP NO.2418/2025

                   BETWEEN:

                   1.   C N RAVI
                        S/O LATE C.P.NINGEGOWDA
                        AGED ABOUT 48 YEARS
                        R/O CHITTANAHALLI
                        KANDAGALA POST
                        PERIYAPATNA TALUK
                        MYSORE DISTRICT-571107

Digitally signed   2.   SMT.RATHNAMMA
by SHWETHA              W/O RAJEGOWDA
RAGHAVENDRA
                        MAJOR
Location: HIGH
COURT OF                R/AT HEMMIGE GRAMA
KARNATAKA               KANDEGAALA POST
                        RAVANDUR HOBALI
                        PERIYAPATNA TALUK
                        MYSORE DISTRICT-571107
                                                                 ...PETITIONERS
                   (BY SRI.MAHAMAD TAHIR A, ADVOCATE)

                   AND:
                              -2-
                                          NC: 2025:KHC:10688
                                       WP No. 2418 of 2025
                                   C/W WP No. 2726 of 2025



1.   THE STATE OF KARNATAKA
     DEPARTMENT OF CO-OPERATION
     VIKASA SOUDHA
     BENGALURU -560001
     REP BY ITS SECRETARY

2.   THE REGISTRAR CO-OPERATIVE SOCIETIES
     NO.1, ALI ASKER ROAD
     BENGALURU -560052

3.   THE STATE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, TTMC A BLOCK, K.H.ROAD
     SHANTINAGAR
     BENGALURU -560027
     REPRESENTED BY ITS SECRETARY

4.   THE DISTRICT ELECTION OFFICER
     AND ALSO DEPUTY REGISTRAR
     CO-OPERATIVE SOCIETIES
     MYSORE DISTRICT-571125

5.   THE RETURNING OFFICER
     PRIMARY AGRICULTURAL CREDIT
     CO-OPERATIVE SOCIETY LTD., CHITTANAHALLI
     PERIYAPATNA, MYSORE DIST-571125
     A SOCIETY REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT, 1959.

6.   PRIMARY AGRICULTURE CREDIT SOCIETY
     CHITTENHALLI, PERIYAPATNA TALUK
     MYSORE DISTRICT-57
     REPRESENTED BY ITS CEO
     A SOCIETY REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT, 1959.
                                             ...RESPONDENTS
(BY SRI.YOGESH D NAIK, AGA FOR R.1, R.2, R4 AND R.5;
SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R.3;
SRI.SANDESH T.B, ADVOCATE FOR R.6)
                             -3-
                                        NC: 2025:KHC:10688
                                      WP No. 2418 of 2025
                                  C/W WP No. 2726 of 2025



       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-4 AND 5 TO CONDUCT THE ELECTION BEFORE THE TERM OF
THE BOARD OF RESPONDENT NO.6 - SOCIETY EXPIRES I.E., ON
02.02.2025.


IN WP NO. 2726/2025

BETWEEN:

     SRI C K RANGASWAMY
     SON OF LATE KARIAIAH
     AGED ABOUT 53 YEARS
     RESIDING AT CHANNEAHALLI VILLAGE
     KASABA HOBLI
     PERIYAPATNA TALUK
     MYSURU DISTRICT - 571107
                                          ...PETITIONER

(BY SRI. MAHAMAD TAHIR, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY
     DEPARTMENT OF CO-OPERATIVE
     M.S.BUILDING
     BENGALURU - 560 001

2.   THE REGISTRAR OF CO-OPERATIVE SOCIETIES
     NO.1, ALI ASKAR ROAD
     BENGALURU - 560052

3.   THE STATE CO-OPERATIVE
     ELECTION AUTHORITY
     3RD FLOOR, TTMC A BLOCK
     SHANTHINAGAR
                            -4-
                                        NC: 2025:KHC:10688
                                      WP No. 2418 of 2025
                                  C/W WP No. 2726 of 2025



     BENGALURU - 560027
     REPRESENTED BY ITS SECRETARY

4.   THE DEPUTY REGISTRAR
     AND ALSO THE DISTRICT ELECTION OFFICER
     DEPARTMENT OF CO-OPERATIVE SOCIETIES
     SAYYAJI ROAD
     MYSURU - 570001

5.   THE COOPERATIVE DEVELOPMENT OFFICER/
     THE RETURNING OFFICER OF
     VIVDODESHA PRATHMIKA GRAMINA
     KRUSHI SHAKARA SANGHA NIYAMITHA
     CHITTENAHALLI
     PERIYAPATNA TALUK
     MYSURU 571107

6.   THE VIVDODESHA PRATHMIKA GRAMINA
     KRUSHI SHAKARA SANGHA NIYAMITHA
     CHITTENAHALLI
     PERIYAPATNA TALUK
     MYSURU -571107
     REPRESENTED BY IT SECRETARY

7.   THE CHIEF EXECUTIVE OFFICER
     VIVDODESHA PRATHMIKA GRAMINA
     KRUSHI SHAKARA SANGHA NIYAMITHA
     CHITTENAHALLI
     PERIYAPATNA TALUK
     MYSURU -571107

8.   SRI.RAJEGOWDA
     SON OF LAKKEGOWDA
     AGED MAJOR
     RESIDING AT
     PERIYAPATNA TOWN AND TALUK
     MYSURU DISTRICT 571107
                           -5-
                                        NC: 2025:KHC:10688
                                      WP No. 2418 of 2025
                                  C/W WP No. 2726 of 2025



9.   SRI.SHIVALINGA
     SON OF T.N.NINGEGOWDA
     AGED MAJOR
     RESIDING AT
     PERIYAPATNA TOWN AND TALUK
     MYSURU DISTRICT - 571107

10. SRI.MAHADEVA P.M
    SON OF MALAGAIAH
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT - 571107

11. SMT.KUSUMA
    WIFE OF VINOD KUMAR
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT- 571107

12. SRI.VENKATESH
    SON OF VENKATARAMAIAH
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT 571107

13. SMT. RATHNAMMA
    WIFE OF KRISHNAMURTHY
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT 571107

14. SRI.RAVI
    SON OF GOVINDAPPA
    AGED MAJOR
                            -6-
                                       NC: 2025:KHC:10688
                                     WP No. 2418 of 2025
                                 C/W WP No. 2726 of 2025



    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT - 571107

15. SMT.GEETHA
    WIFE OF RAVI
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT - 571107

16. SRI.H.P.VENKATESH
    SON OF PUTTEGOWDA
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN AND TALUK
    MYSURU DISTRICT - 571107

17. SMT. MAYAMMA
    WIFE OF RAJEGOWDA
    AGED MAJOR
    RESIDING AT
    UPPARAGERE VILLAGE
    KASABA HOBLI
    PERIYAPATNA TALUK
    MYSURU DISTRICT - 571107

18. SMT.KEMPALAKKAMMA
    WIFE OF SUBBAIAH
    AGED MAJOR
    RESIDING AT UPPARAGERE VILLAGE
    KASABA HOBLI
    PERIYAPATNA TALUK
    MYSURU DISTRICT - 571107

19. SMT.SAVITHA
    WIFE OF PARAMESH
    AGED MAJOR
                            -7-
                                       NC: 2025:KHC:10688
                                     WP No. 2418 of 2025
                                 C/W WP No. 2726 of 2025



    RESIDING AT
    UPPARAGERE VILLAGE
    KASABA HOBLI
    PERIYAPATNA TALUK
    MYSURU DISTRICT - 571107

20. SRI. MALLARAM
    SON OF HAJIRAMJI
    AGED MAJOR
    RESIDING AT
    UPPARAGERE VILLAGE
    KASABA HOBLI
    PERIYAPATNA TALUK
    MYSURU DISTRICT - 571107

21. SRI.MANJU
    SON OF JAVARAPPA
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN
    PERIYAPATNA TALUK
    MYSURU DISTRICT - 571107

22. SRI.VENKATESH
    SON OF P.M.MALLANNA
    AGED MAJOR
    RESIDING AT
    PERIYAPATNA TOWN
    PERIYAPATNA TALUK
    MYSURU DISTRICT - 571107

23. SMT. MAYAMMA
    WIFE OF KALSEGOWDA
    AGED MAJOR
    RESIDING AT
    UPPARAGERE VILLAGE
    KASABA HOBLI
                                -8-
                                             NC: 2025:KHC:10688
                                          WP No. 2418 of 2025
                                      C/W WP No. 2726 of 2025



      PERIYAPATNA TALUK
      MYSURU DISTRICT 571107
                                             ...RESPONDENTS

(BY SRI.YOGESH D NAIK, AGA FOR R.1,R.2, R.4 AND R.5;

SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R.3;

SRI.SANDESH T B, ADVOCATE FOR R.7;

R.6, R.10, R.17, R.23 SERVED AND UNREPRESENTED)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DTD    09.01.2025   VIDE   REFERENCE    NO.UNIMY/C9/RIANE-
AMMO/CR/279/2024-25 AS PER ANNX-B PASSED BY THE
R-4 AND ETC.



       THESE   PETITIONS,    COMING     ON   FOR   PRELIMINARY
HEARING '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

NC: 2025:KHC:10688

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

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.

W.P.No.8502/2022 dated 7.6.2022

- 10 -

NC: 2025:KHC:10688

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 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