Karnataka High Court
Yathish Kumar N C vs The State Of Karnataka on 21 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 6165 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 6165 OF 2025 (CS-EL/M)
BETWEEN:
1. YATHISH KUMAR N C
S/O CHIKAMOGA
AGED ABOUT 40 YEARS,
2. SATHISH KUMAR N C
S/O CHIKAMOGA
AGED ABOUT 44 YEARS,
3. SAVITHA H S
W/O SATISH KUMAR N C
AGED ABOUT 34 YEARS,
ALL ARE R/AT ALURU,
NEELAKANTA HALLI
MADHUR TALUK
MANDYA DISTRICT - 571 433
Digitally signed ...PETITIONERS
by SHWETHA (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE)
RAGHAVENDRA
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION,
M S BUILDING, BANGALORE - 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, TTMC A BLOCK, K H ROAD,
SHANTINAGARM BANGALORE - 560027
REPRESENTED BY ITS SECRETARY
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WP No. 6165 of 2025
3. NEELAKANTAHALLI MULTIPURPOSE PRIMARY RURAL
AGRICULTURAL CO OPERATIVE SOCIETY
MADHUR TALUK
MANDYA DISTRICT - 571433
A SOCIETY REGISTERED UNDER KARNATAKA
CO OPERATIVE SOCIETIES ACT 1959
REPRESENTED BY ITS CEO
4. THE RETURNING OFFICER
NEELAKANTAHALLI MULTIPURPOSE PRIMARY RURAL
AGRICULTURAL CO OPERATIVE SOCIETY,
MADHUR TALUK
MANDYA DISTRICT - 571 433
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2
SRI. SIDDHARTH B MUCHANDI, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS
IN ELIGIBLE LIST FOR THE UPCOMING ELECTIONS SCHEDULED
ON 09/03/2025 AND PERMIT THE PETITIONER NO.1 TO
CONTEST/VOTE AND PETITIONER NOS.2-3 TO VOTE IN THE
UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY
SCHEDULED ON 09/03/2025, GRANT AN INTERIM ORDER TO
PERMIT THE PETITIONER NO.1 TO CONTEST AND PETITIONER
NOS.2-3 TO CAST THEIR VOTES IN THE ELECTION TO THE
BOARD OF RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED
TO BE HELD ON 09/03/2025 IN SO FAR AS THE PETITIONERS
CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.
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
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WP No. 6165 of 2025
ORAL ORDER
1. This Court by way of various interim order 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
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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 of 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 of the
above matter.
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
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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
AMM
