Writ Petition No. 8542 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14145 WP No. 8542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8542 OF 2025 (CS-EL/M) BETWEEN: 1. REDDYGOLLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD REDDYGOLLAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562101 REPRESENTED BY ITS DIRECTOR/DELEGATE G.N. NARAYANASWAMY S/O NARASIMHAPPA AGE 65 YEARS. SHARE NO.43 2. JATHAVARA MILK PRODUCER'S COOPERATIVE SOCIETY LTD, JATHAVARA VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE CHANDRASHEKAR S/O CHIKKAMUNITHIMMAIAH AGE 50 YEARS SHARE NO.28 3. ADENNAGARAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, ADEGARAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE R RAJESH S/O D V RAMAKRISHNAPPA AGE 50 YEARS. SHARE NO.72 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14145 WP No. 8542 of 2025 4. MAREGANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, MAREGANAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE GANGADARAPPA S/O TIRUMALAPPA AGE 58 YEARS. SHARE NO.94 5. KADADIBBURU MILK PRODUCER'S COOPERATIVE SOCIETY LTD KADADIBBURU VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE LAKSHMINARASAPPA S/O NAGAPPA AGE 50 YEARS SHARE NO.106 6. SULTANPETE MILK PRODUCER'S COOPERATIVE SOCIETY LTD, SULTANPETE VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE MG GANGADHARA S/O GOVINDAPPA AGE 50 YEARS. SHARE NO.19 7. KUDUVATHI MILK PRODUCER'S COOPERATIVE SOCIETY LTD KUDUVATHI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE K NATARAJ S/O T KRISHNAPPA AGE 55 YEARS. SHARE NO.16 - 3 - NC: 2025:KHC:14145 WP No. 8542 of 2025 8. BANDAMMANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD. BANDAMMANAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE KM ASHOK S/O NARAYANAPPA AGE 36 YEARS. SHARE NO.96 9. GANGAREKALUVE MILK PRODUCER'S COOPERATIVE SOCIETY LTD, GANGAREKALUVE VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE NARASAPPA S/O NARASIMIAH AGE 72 YEARS. SHARE NO.44 10. D HOSURU MILK PRODUCER'S COOPERATIVE SOCIETY LTD, D HOSURU VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE ASHWATHNARAYANASWAMY S/O MUNIBACHAPPA AGE 51 YEARS. SHARE NO.85 11. KETHENAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, KETHENAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101
Legal Reasoning
REPRESENTED BY ITS DIRECTOR/ DELEGATE VENKATALAKSHMAMMA W/O K V SRIRAMAPPA AGE 65 YEARS. SHARE NO.41 - 4 - NC: 2025:KHC:14145 WP No. 8542 of 2025 12. MANDIKALLU MILK PRODUCER'S COOPERATIVE SOCIETY LTD, MANDIKALLU VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE M.N. ANANDA S/O NARASIMMAPPA AGE 38 YEARS. SHARE NO.21 13. HOOVINAHARANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, HOOVINAHARANAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE CR GOPAL S/O CHIKKALAKSHMAIAH AGE 58 YEARS SHARE NO.25 14. KONDENAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, KONDENAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT-562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE KN VENKATESH S/O NARAYANAPPA AGE 57 YEARS. SHARE NO.77 15. SULAKUNTE MILK PRODUCER'S COOPERATIVE SOCIETY LTD, SULAKUNTE VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE M.N. MANJUNATH S/O NARASIMHAPPA AGE 40 YEARS. SHARE NO.60 - 5 - NC: 2025:KHC:14145 WP No. 8542 of 2025 16. POSHETTIHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., POSHETTIHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE SUDHAKAR S/O NAGENDRAPPA AGE 36 YEARS. SHARE NO.4 17. ANGAREKANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, ANGAREKANAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE CHANNAKESHAVA S/O CHANNAPPA AGE 45 YEARS. SHARE NO.90 18. MUDDALAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, MUDDANAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE RAMAPPA S/O HANUMAPPA AGE 60 YEARS SHARE NO.69 19. GANDLAHOSAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT-562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE MARAPPA S/O ANJINAPPA AGE 50 YEARS SHARE NO.62 20. KATTARIGUPPE MILK PRODUCER'S COOPERATIVE SOCIETY LTD, KATTARIGUPPE VILLAGE, - 6 - NC: 2025:KHC:14145 WP No. 8542 of 2025 CHIKKABALLAPURA TALUK AND DISTRICT- 562101 REPRESENTED BY ITS DIRECTOR/ DELEGATE GANGADHAR S/O VENKATASHAMAPPA AGE 43 YEARS SHARE NO.93 THE PETITIONERS SOCIETIES ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT - 1959 …PETITIONERS (BY SRI. GIRISH J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER, CHIKKABALLAPUR, CHIKKABALLAPUR-561207 4. RETURNING OFFICER, CHIKKABALLAPUR DISTRICT COOPERATIVE UNION LTD, COOPERTAIVE BHANVAN, NH 44, HAROBANDE CROSS, CHIKKABALLAPUR DISTRICT-562101 - 7 - NC: 2025:KHC:14145 WP No. 8542 of 2025 5. CHIKKABALLAPUR DISTRICT COOPERATIVE UNION LTD, COOPERTAIVE BHANVAN, NH 44, HAROBANDE CROSS, CHIKKABALLAPUR DISTRICT-562101 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (BY SRI. DEVIPRASAD SHETTY, ADVOCATE FOR C/R5 (CP 5675/2025) SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.03.2025 PROVIDED AT ANNX- B DTD 05.03.2025, GRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE ABOVE WP TO DIRECT THE RESPONDENT NO. 2 TO 5 TO PREPARE AND CONDUCT THE ELECTION TO THE R-5 SOCIETY BY PERMITTING THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS SCHEDULED TO BE HELD ON 23.03.2025 PROVIDED AT ANNX-B DTD 05.03.2025. THIS PETITION, COMING ON FOR ORDERS, 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 - 8 - NC: 2025:KHC:14145 WP No. 8542 of 2025 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 9 - NC: 2025:KHC:14145 WP No. 8542 of 2025 4. In that view of the matter, I pass the following: i) ii)
Decision
ORDER The Writ Petition is disposed of. 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 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 - 10 - NC: 2025:KHC:14145 WP No. 8542 of 2025 disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 1 Sl No.: 7