Karnataka High Court
Ugraiah vs The State Of Karnataka on 20 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:11747
WP No. 3644 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. 3644 OF 2025 (CS-EL/M)
BETWEEN:
1. UGRAIAH,
S/O DODDANARASIMHAIAH,
AGED ABOUT 62 YEARS,
R/O DODDABALAPURA TALUK,
KASAGATTA, DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT.
2. PRASANNA KUMAR,
S/O MUNIYAPPA,
AGED ABOUT 29 YEARS,
R/O 68, MADHURE
DODDABALAPURA TALUK,
BENGALURU RURAL DISTRICT.
PETITIONERS
(BY SRI. DEVI PRASAD SHETTY.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed DEPARTMENT OF CO-OPERATION,
by SHWETHA
RAGHAVENDRA M.S.BUILDING,
Location: HIGH DR. B.R. AMBEDKAR VEEDHI,
COURT OF BENGALURU - 560001,
KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, T.T.M.C. A BLOCK,
SHANTHI NAGAR,
BANGALORE - 560027,
REPRESENTED BY ITS SECRETARY.
3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES /
DISTRICT ELECTION OFFICER,
DC OFFICE PREMISES,
BEERASANDRA VILLAGE,
-2-
NC: 2025:KHC:11747
WP No. 3644 of 2025
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 110.
4. RETURNING OFFICER,
TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD.,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT - 561203
5. TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD.,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT - 561203,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
(RESPONDENT NOS.4 AND 5 ARE REGISTERED UNDER
THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959)
RESPONDENTS
(BY SRI. YOGESH D NAIK., AGA FOR R1, R3 AND R4;
SRI. TL KIRAN KUMAR., FOR R2;
V/O DTD 21.02.2025 SERVICE OF NOTICE TO R5 IS H/S;
R5 - TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD., REP BY ITS CHIEF EXECUTIVE
OFFICER ARUN KUMAR YH., FOR IMPLEADING APPLICANT ON
IA.1/2025)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R5 TO
INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS
LIST AND PERMIT THE PETITIONER TO CONTEST AND CAST THEIR
VOTES IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE
HELD ON 16/02/2025 AS PER THE CALENDAR OF EVENTS PRODUCED
AT AT ANNEXURE-A AND ETC,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
-3-
NC: 2025:KHC:11747
WP No. 3644 of 2025
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
regard the election under Section 70 (2) of the
Karnataka Co-operative Societies Act, 1959 after the
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:11747
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 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
NC: 2025:KHC:11747
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
PNV
