Karnataka High Court
Rangaswamy vs The State Of Karnataka on 27 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:13117
WP No. 5876 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 5876 OF 2025 (CS-EL/M)
BETWEEN:
RANGASWAMY
S/O. REVANNASHETTY
AGED ABOUT 54 YEARS
R/AT: HUVINAHALLI KAVAL
KUPPALLI, BELUR ROAD,
HASSAN - 573 117.
...PETITIONER
(BY SRI VIJAY KUMAR T, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
CO-OPERATION DEPARTMENT
Digitally signed KARNATAKA GOVERNMENT SECRETARIAT
by SHWETHA ROOM No. 610, 3RD GATE
RAGHAVENDRA
6TH FLOOR, M.S. BUILDING
Location: HIGH
COURT OF DR. AMBEDKAR VEEDHI
KARNATAKA BENGALURU - 560 001.
2. THE STATE CO-OPERATIVE
ELECTION AUTHORITY
3RD FLOOR, SHANTHI NAGAR
T.T.M.C., KHB ROAD
BENGALURU - 560 002.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
No. 1, ALI-ASKAR ROAD
BENGALURU 560 052.
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NC: 2025:KHC:13117
WP No. 5876 of 2025
REPRESENTED BY REGISTRAR.
4. THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES AND RETURNING OFFICER
PUBLIC OFFICE BUILDING
OPP. CORPORATION OFFICE
NEW SAYYAJI RAO ROAD
MYSURU - 570 024.
5. THE DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES
JANATHA BAJAR BUILDING
ARALIKATTE CIRCLE
HOUSING BOARD EXTENSION
HASSAN TOWN AND DISTRICT - 573 201.
6. RETURNING OFFICER
HOOVINAHALLI KAVALU MILK
PRODUCER'S CO-OPERATIVE SOCIETIES' LTD.,
KASABA HOBLI, HASSAN TALUK-573 217.
7. HOOVINAHALLI KAVALU MILK
PRODUCERS CO-OPERATIVE SOCIETIES LTD.,
KASABA HOBLI,
HASSAN TALUK - 573 217.
(REGISTERED UNDER KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959).
...RESPONDENTS
(BY SRI YOGESH D NAIK, ADDL. GOVERNMENT ADVOCATE FOR
R1, R3 TO R6 (MA NOT FILED)
SRI T L KIRAN KUMAR, ADVOCATE FOR R2 (VK NOT FILED)
SRI NAVEEN J.N. FOR RESPONDENT NO.7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
UNNUMBERED IMPUGNED NOTICE OF ELECTIONS SCHEDULE
DATED 11/02/2025 ISSUED BY THE 6TH RESPONDENT TO
CONDUCT THE ELECTION TO THE 7TH RESPONDENT/
HOOVINAHALLI KAVALU MILK PRODUCERS CO-OPERATIVE
SOCIETIES LTD., KASABA HOBLI, HASSAN TALUK TO BE HELD
ON 02-03-2025, VIDE ANNEXURE-A AND ETC.,
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NC: 2025:KHC:13117
WP No. 5876 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 petitioner who was declared to be
ineligible voters to cast his vote in the elections of
the Society, subject to the result of the writ petition
and that the votes cast by the petitioner 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
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:13117
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 petitioner.
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 vote cast by
the petitioner in 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,
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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 vote cast by the petitioner 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
MR
