Karnataka High Court
Sri Muthuraja D A vs The State Of Karnataka on 20 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:11636
WP No. 2746 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 2746 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI. MUTHURAJA D.A,
S/O ELEMALLAPPA,
AGED ABOUT 30 YEARS,
R/AT DHRONAKUNTE VILLAGE,
HOSSUR POST AND HOBLI
GAURIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT - 561 210.
SHARE NO. 7003.
2. SRI. GANGARAJA D.A,
S/O ELEMALLAPPA,
AGED ABOUT 28 YEARS,
R/AT DHRONAKUNTE VILLAGE,
HOSSUR POST AND HOBLI
Digitally signed GAURIBIDANUR TALUK,
by SHWETHA CHIKKABALLAPUR DISTRICT - 561 210.
RAGHAVENDRA
Location: HIGH SHARE NO. 7020
COURT OF ...PETITIONERS
KARNATAKA
(BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
MS BUILDING, BANGALORE - 560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
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WP No. 2746 of 2025
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, TTMC A BLOCK, K.H. ROAD,
SHANTINAGAR, BANGALORE - 560 027,
REPRESENTED BY ITS SECRETARY.
3. PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.,
GAURIBIDANURU TALUK,
CHIKKABALLAPUR DISTRICT - 561 208,
REPRESENTED BY ITS CEO,
A SOCIETY REGISTERED UNDER KARNATAKA
CO-OPERATIVE SOCIETIES ACT 1959.
4. THE RETURNING OFFICER,
PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.,
GAURIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT - 561 208.
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. RAKSHITH KUMAR, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.3 AND 4 TO INCLUDE THE NAMES OF THE
PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT
ANNEXURE-G AND PERMIT THE PETITIONERS TO CAST ITS
VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3
BANK WHICH IS SCHEDULED TO BE HELD ON 01.02.2025 AND
ETC.,
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WP No. 2746 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN '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 votes 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 a separate ballot box.
2. A Co-ordinate 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
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:11636
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 in the above matter 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 the
above matter.
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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 a 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
NG
CT: BHK
