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High Court of Karnataka · body

2025 DAILYLAW 12694 (KAR)

PURUSHOTHAMA v. THE STATE OF KARNATAKA

WP/69/2025 · 2025-02-28

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 69 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 70 OF 2025 (CS-EL/M) IN WP No. 69/2025 BETWEEN: 1. PURUSHOTHAMA S/O NARAYANA AGED 45 YEARS MEMBERSHIP NO. 1728. 2. ANNI SHETTY S/O SESU SHETTY AGED 72 YEARS MEMBERSHIP NO. 1520. 3. SANGEETHA HEDGE W/O SHIVANANDA HEGDE AGED 52 YEARS MEMBERSHIP NO. 1584. 4. SATHISH H S/O BABU MADIVALA AGED 48 YEARS MEMBERSHIP NO. 1600. 5. SADANANDA SHETTY S/O ANNU SHETTY AGED 53 YEARS MEMBERSHIP NO. 1606. 6. SURESH BHAT S/O NAGAPAYYA BHAT AGED 49 YEARS MEMBERSHIP NO. 1784.. 7. PRABHAKAR ACHARYA S/O MONAPPA ACHARYA AGED 45 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 1845. 8. SUNIL BAPAT S/O M G BAPAT AGED 58 YEARS MEMBERSHIP NO. 1873. 9. NARAYANA B S/O ANNI KANNADA AGED ABOUT 65 YEARS MEMBERSHIP NO. 1919 10. RATHNA W/O BABU LINGAYATHA AGED ABOUT 71 YEARS, MEMBERSHIP NO. 1935 11. DHARNAPPA SHETTY S/O SANJEEVA SHETTY AGED ABOUT 54 YEARS, MEMBERSHIP NO. 1936 12. KESHAVA DEVADIGA S/O VENKAPPA DEVADIGA AGED ABOUT 59 YEARS, MEMBERSHIP NO. 2002 13. THRIVKRAMA HEBBAR S/O VENKATESH HEBBAR AGED 64 YEARS MEMBERSHIP NO. 1948. 14. DAYANANDA RAI S/O RAMANNA RAI AGED 58 YEARS MEMBERSHIP NO. 2014. 15. DEVAKI W/O GOPALA DEVADIGA AGED 70 YEARS MEMBERSHIP NO. 2084. 16. CHEENKRA YANE VISHWANATHA DEVADIGA S/O BABU DEVADIGA AGED 72 YEARS - 3 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 2095. 17. JANRDHANA S/O GIRYAPPA ACHARI AGED 70 YEARS MEMBERSHIP NO. 2104. 18. SUSHEELA W/O JANARDHANA AGED 65 YEARS MEMBERSHIP NO. 2113. 19. LEELAVATHI W/O NONAYYA DEVADIGA AGED 69 YEARS MEMBERSHIP NO. 2156. 20. ISHWARA SHETTY S/O DOMBAYYA SHETTY AGED 89 YEARS MEMBERSHIP NO. 2199. 21. SUGUNA M BHAPAT W/O MURALIDHARA BAPAT AGED 79 YEARS MEMBERSHIP NO. 2217. 22. SATHYA SHANKAR BHAT S/O GOPALAKRISHNA BHAT AGED 58 YEARS MEMBERSHIP NO. 2219. 23. GIRISH S/O PADMANABHA DEVADIGA AGED 51 YEARS MEMBERSHIP NO. 2266. 24. MOHAN HEGDE S/O VENKGAPPA HEGDE AGED 59 YEARS MEMBERSHIP NO. 2394. 25. VANAJA K SAMANI W/O KRISHNA SAMANI AGED 67 YEARS - 4 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 2397. 26. UMAVATHI W/O SADANANDA DEVADIGA AGED 73 YEARS MEMBERSHIP NO. 2398. 27. VIRENDRA POOJARY S/O RAMA POOJARY AGED 63 YEARS MEMBERSHIP NO. 2428. 28. SUNDARI W/O NANDU SHETTY AGED 79 YEARS MEMBERSHIP NO. 2459. 29. VASANTHA DEVADIGA S/O SUNDARA DEVADIGA AGED 50 YEARS MEMBERSHIP NO. 2504. 30. YOGISH SHETTY S/O NARAYANA SHETTY AGED 56 YEARS MEMBERSHIP NO. 2526. 31. BHAVANI K S/O SHANKARA HEBBAR AGED 61 YEARS MEMBERSHIP NO. 2639. 32. SUBRAMANYA NAVADA S/O BALAKRISHNA NAVADA AGED 32 YEARS MEMBERSHIP NO. 2653. 33. JAGADISH HEGDE S/O VENKAPPA HEGDE AGED 58 YEARS MEMBERSHIP NO. 2679. 34. KORAGAPPA S/O MONTA MOOLYA AGED 57 YEARS - 5 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 2685. 35. RAGHURAMA SHETTY S/O POOVAPPA SHETTY AGED 73 YEARS MEMBERSHIP NO. 2694. 36. CHANDAPPA S/O MONTA MOOLYA AGED ABOUT 52 YEARS MEMBERSHIP NO. 2714 37. JAYANTHI W/O KRISHNAPPA MOOLYA AGED ABOUT 50 YEARS MEMBERSHIP NO.2772 38. ANITHA HEGDE D/O ANNI HEDGE AGED ABOUT 47 YEARS MEMBERSHIP NO. 2779 39. GOVINDA BHAT S S/O SUBRAYA BHAT S AGED ABOUT 78 YEARS MEMBERSHIP NO. 664 40. K.K. KUMARAN S/O K.V KRISHNAN AGED ABOUT 71 YEARS MEMBERSHIP NO. 1828 41. MURALI .B S/O GOPALAKRISHNA BHAT AGED ABOUT 61 YEARS MEMBERSHIP NO. 2001. 42. MALLIKA W/O NAVEENA MADIVALA AGED ABOUT 46 YEARS MEMBERSHIP NO. 2498. 43. HEMAVATHI W/O SADANANDA HEGDE AGED ABOUT 78 YEARS - 6 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 2515 44. LAXMANA S/O ANNU SAPALYA AGED ABOUT 49 YEARS MEMBERSHIP NO. 2688 45. LALITHA W/O KORAGAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO. 2716 46. SEETHA W/O NARAYANA SHETTY AGED ABOUT 75 YEARS MEMBERSHIP NO.2749 47. LAKKANNA RAI S/O CHIKKAPPA RAI AGED ABOUT 67 YEARS MEMBERSHIP NO. 279 48. CHINNAYYA NAIKA S/O CHOKA NAIKA AGED ABOUT 64 YEARS MEMBERSHIP NO.861 49. SHASHIDHARA SALIYAN S/O VINAYACHANDRA AGED ABOUT 55 YEARS MEMBERSHIP NO. 1590 50. JAYARAMA S/O BABU SAPALYA AGED ABOUT 47 YEARS MEMBERSHIP NO. 1696 51. SANDESH S/O VEERAPPA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. 1631. 52. SANJEEVA POOJARY S/O BELIAPPA POOJARY AGED ABOUT 67 YEARS - 7 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 2744 53. JINNAPPA GOWDA S/O BABU GOWDA AGED ABOUT 77 YEARS MEMBERSHIP NO. 1748. 54. LAKSHMANA POOJARY S/O KUNYAPPA POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO. 1765 55. VASU GOWDA S/O THYAMPA GOWDA AGED ABOUT 82 YEARS MEMBERSHIP NO. 1876 56. YAMUNA W/O SANJEEVA GOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.1986 57. PADMA NAIKA S/O SANKAPPA NAIKA AGED ABOUT 58 YEARS MEMBERSHIP NO. 2055 58. KRISHNAPPA POOJARY S/O NAKKURA POOJARY AGED ABOUT 62 YEARS MEMBERSHIP NO. 2093. 59. THANIYAPPA S/O AITHA AGED ABOUT 63 YEARS MEMBERSHIP NO. 2117 60. YASHODHARA S/O DUGGA MALEKUDIYA AGED ABOUT 58 YEARS MEMBERSHIP NO. 2209 61. GURUNATH GOWDA S/O JARAPPA GOWDA AGED ABOUT 30 YEARS - 8 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBERSHIP NO. 2455 62. JANAKI W/O SESAPPA POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO. 2499 63. RAJU GOWDA S/O VASU GOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2507 64. PREMA W/O KRISHNAPPA MOOLYA AGED ABOUT 49 YEARS MEMBERSHIP NO. 2509 65. HEMALATHA W/O VINAYA AGED ABOUT 38 YEARS MEMBERSHIP NO. 2553 66. SANJEEVA NAIKA S/O BABU NAIKA AGED ABOUT 51 YEARS MEMBERSHIP NO. 2564 67. POOVAPPA GOWDA S/O KITTANNA GOWDA AGED ABOUT 53 YEARS MEMBERSHIP NO. 2596 68. KUSAPPA GOWDA S/O BOMMANNA GOWDA, AGED ABOUT 51 YEASR, MEMBERSHIP NO. 2647 69. MALATHI W/O CHANDRASHEKARA AGED ABOUT 55 YEARS MEMBERSHIP NO. 2649 - 9 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 70. NARAYANA MOOLYA S/O AITHAPPA MOOLYA AGED ABOUT 60 YEARS MEMBERSHIP NO. 2676 71. PRAKASH S/O NONAYYA POOJARY AGED ABOUT 40 YEARS MEMBERSHIP NO. 2678 72. KRISHNAPPA S/O MUTHAPPA GOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO. 2764 73. GOPALA GOWDA S/O KUNJIRA GOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 2332 74. NONAYYA S/O LOKAYYAMOOLYA AGED ABOUT 49 YEARS MEMBERSHIP NO. 2348 75. RANJITH S/O NEMI POOJARY AGED ABOUT 26 YEARS MEMBERSHIP NO. 2364 76. KRISHNA BHAT M S/O GOVINDAHEBBAR AGED ABOUT 81 YEARS MEMBERSHIP NO. 199 77. HAREESHSA KUMAR M S/O ANANTHARAMA BHAT AGED ABOUT 59 YEARS MEMBERSHIP NO. 847 78. P. H. PRAKASH SHETTY S/O NARAYANA SHETTY AGED ABOUT 58 YEARS MEMBERSHIP NO. 837 - 10 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 79. PREMALATHA N SHETTY W/O P.H NITHYANANDA SHETTY AGED ABOUT 67 YEARS MEMBERSHIP NO. 1910 80. TUKARAMA S/O BABU POOJARY AGED ABOUT 43 YEARS MEMBERSHIP NO. 2038 81. SHAVEENA S/O SOMANATHA BANGERA AGED ABOUT 55 YEARS MEMBERSHIP NO. 2056 82. ANANDA MOOLYA S/O THIMMA MOOLYA AGED ABOUT 58 YEARS MEMBERSHIP NO. 2145 83. SANKETH S/O SADANANDA BANGERA AGED ABOUT 32 YEARS MEMBERSHIP NO. 2250 84. PRAVEENA P SHETTY W/O P.H.PRAKASH SHETTY AGED ABOUT 72 YEARS MEMBERSHIP NO. 2265 85. THARANATHA C/O YAMUNA AGED ABOUT 40 YEARS MEMBERSHIP NO. 2370 86. KANTHAPPA MALEKUDIYA S/O MONTA MALEKUDIYA AGED ABOUT 62 YEARS MEMBERSHIP NO.2644 87. PAVITHRA W /O NARAYANA POOJARY AGED ABOUT 72 YEARS MEMBERSHIP NO. 2656 - 11 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 88. SHRILATHA U SHETTY W/O UDAYA KUMAR AGED ABOUT 45 YEARS MEMBERSHIP NO. 2758. 89. KUMARA CHANDRA S/O BABY BANGERA AGED ABOUT 37 YEARS MEMBERSHIP NO. 2331 ALL ARE MEMBERS OF SULKERI-MOGRU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. SHIRLALU VILLAGE, BELTHANGADY TALUK D.K DISTRICT-574217. …PETITIONERS (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, BANGALORE-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR,TTMC A BLOCK,K.H ROAD, SHANTHINAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY. 3. SULKERI - MOGRU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, SHIRLALU VILLAGE, BELTHANGADY TALUK, D.K DISTRICT-574217 REPRESENTED BY ITS CEO. - 12 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 4. THE RETURNING OFFICER SULKERI-MOGRU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., SHIRLALU VILLAGE, BELTHANGADY TALUK, D.K DISTRICT-574217 …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1 AND R4, SRI. T L KIRAN KUMAR, ADVOCATE FOR R2, SRI. DEEPAK S SHETTY, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 08.01.2025. IN WP NO. 70 OF 2025 BETWEEN: 1. VASANTH POOJARY S/O. GIRIYAPPA POOJARY AGED ABOUT 62 YEARS MEMBER NO. 372 2. BABU A S/O. KATADA HARIJANA AGED ABOUT 57 YEARS MEMBER NO. 1471 3. HASANABBA S/O. KUNYALLI BEARY AGED ABOUT 70 YEARS MEMBER NO. 1846 4. SOORYANARAYANA S S/O. THIMMAPPA D AGED ABOUT 76 YEARS MEMBER NO. 1882 5. SANTHOSH S/O. KRISHNAPPA POOJARY AGED ABOUT 40 YEARS - 13 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBER NO. 2481 6. DAMODHARA S/O. MODANKILA AGED ABOUT 45 YEARS MEMBER NO. 2545 7. SANJEEVA S/O. KARIYA AGED ABOUT 53 YEARS MEMBER NO. 2549 8. SMT. LAKSHMI W/O. CHANDRASHEKAR AGED ABOUT 46 YEARS MEMBER NO. 2556 9. MAYABBA S/O. IBRAHIM BEARY AGED ABOUT 68 YEARS MEMBER NO. 2581 10. MYMUNA W/O. ASHRAF AGED ABOUT 42 YEARS MEMBER NO. 2582 11. SATHISH DEVADIGA S/O. RAMA DEVADIGA AGED ABOUT 52 YEARS MEMBER NO., 2616 12. SMT. CHANDRAVATHI W/O. KORAGA MALEKUDIYA AGED ABOUT 67 YEARS MEMBER NO. 2625 13. PRAKASH W/O. NONAYYA POOJARY AGED ABOUT 38 YEARS MEMBER NO. 2678 14. NEELAMMA W/O. LOKAYYA POOJARY AGED ABOUT 68 YEARS - 14 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBER NO. 2680 15. NARAYANA POOJARY S/O. ANNU POOJARY AGED ABOUT 53 YEARS MEMBER NO. 2761 16. BIRMANA S/O. DHARNAPPA POOJARY AGED ABOUT 56 YEARS MEMBER NO. 2506 17. K. ASHRAF S/O. IBRAHIM BEARY AGED ABOUT 48 YEARS MEMBER NO. 2566 18. HUSSEIN S/O. ABDUL RAHIMAN AGED ABOUT 55 YEARS MEMBER NO. 2567 19. MOHAMMAD HANEEF S/O. MOIDDINBEARY AGED ABOUT 45 YEARS MEMBER NO. 2573 20. ASIYAMMA W/O. ABOOBAKKAR AGED ABOUT 37 YEARS MEMBER NO. 2574 21. FRANCIS VEGUS S/O. DENIYA VEGUS AGED ABOUT 48 YEARS MEMBER NO. 1691 22. NEBISA W/O. HASSEINAR AGED ABOUT 45 YEARS MEMBER NO. 2576 23. JUBEIDA S/O. HAMEED AGED ABOUT 51 YEARS - 15 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBER NO. 2577 24. ANANDA POOJARY S/O. GURUVAPPA POOJARY AGED ABOUT 58 YEARS MEMBER NO. 2245 25. PASCAL PINTO S/O. SEBASTIAN PINTO AGED ABOUT 65 YEARS MEMBER NO. 2245 26. SURESH S/O. SHIVAYYA POOJARY AGED ABOUT 51 YEARS MEMBER NO. 2291 27. DEEKAYYA POOJARY S/O. NARNA POOJARY AGED ABOUT 62 YEARS MEMBER NO. 2309 28. PUTTHUMONU S/O. HAJABBA AGED ABOUT 52 YEARS MEMBER NO. 2568 29. GEETHA W/O. KRISHNPPA KOTIAN AGED ABOUT 55 YEARS MEMBER NO. 2783 30. LALITHA W/O. DEJAPPA POOJARY AGED ABOUT 75 YEARS MEMBER NO. 2226 31. LEELAVATHI B SALIAN W/O. BABI SALIAN AGED ABOUT 70 YEARS MEMBER NO. 851 32. GANGADHARA M S/O. BIRMANA POOJARY AGED ABOUT 62 YEARS - 16 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBER NO. 883 33. THOMAS S/O. GEORGE AGED ABOUT 70 YEARS MEMBER NO. 1041 34. PRASANNA KUMAR K S/O. JINARAJA POOVANI AGED ABOUT 64 YEARS MEMBER NO. 1225 35. CHANDRASHEKAR BHAT S/O. DATTATREYA BHAT AGED ABOUT 75 YEARS MEMBER NO. 1675 36. THUNGAMMA W/O. DAKAYYA POOJARY AGED ABOUT 90 YEARS MEMBER NO. 792 37. UMESH S/O.ANNI MADIVALA AGED ABOUT 44 YEARS MEMBER NOL. 1984 38. BOMMAYAMADIVALA S/O.SUBBA MADIVALA AGED ABOUT 71 YEARS MEMBER NO. 2039 39. GIRIJA W/O. KARIYA POOJARY AGED ABOUT 69 YEARS MEMBER NO. 2239 40. ASHWATH S/O. DHARNAPPA POOJARY AGED ABOUT 27 YEARS MEMBER NO. 2464 41. SAHANA W/O.GANGADHARA M AGED ABOUT 51 YEARS - 17 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBER NO. 2418 42. RAJU MOOLYA W/O. BABU MOOLYA AGED ABOUT 58 YEARS MEMBER NO. 2624 43. JANAKI W/O.PIJINA POOJARY AGED ABOUT 68 YEARS MEMBER NO. 2771 44. OLWYN D SOUZA S/O. PAUL D SOUZA AGED ABOUT 45 YEARS MEMBER NO. 2081 45. CHANDRARAJ JAIN S/O. SHANTHIRAJ AJILA AGED BOUT 80 YEARS MEMBER NO. 1854 46. ANGARA S/O. PARDESHI D AGED ABOUT 65 YEARS MEMBER NO. 1884 47. KORAGU S/O. GUDDA AGED ABOUT 55 YEARS MEMBER NO. 1895 48. SUBHASH S.O BEBI SALIAN AGED ABOUT 40 YEARS MEMBER NO.1903 49. JEESHAN V P S/O V J PAPACHCHAN AGED ABOUT 38 YEARS MEMBER NO.2433 50. DHARNAMMA W/O. SHANKAR KOTIAN AGED ABOUT 60 YEARS - 18 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 MEMBER NO. 2476 51. BIJU MATHEW S/O V J MATHEW AGED ABOUT 46 YEARS MEMBER NO.1924 52. NORBERT MASCARENHAS S/O BABLI MASCARENHAS AGED ABOUT 56 YEARS MEMBER NO.1979 53. YASHODHARA S/O PIJINA POOJARY AGED ABOUT 65 YEARS MEMBER NO.2413 54. VASU MOOLYA S/O CHANDU MOOLYA AGED ABOUT 52 YEARS MEMBER NO.2058 55. TOMY JECOB S/O CHACKO AGED ABOUT 65 YEARS MEMBER NO.2068 56. KESHAVATHI W/O POOVAPPA SALIAN AGED ABOUT 55 YEARS MEMBER NO.2077 57. DINAKARA POOJARY S/O SANJEEVA POOJARY AGED ABOUT 55 YEARS MEMBER NO.2123 58. ALBERT D’SOUZA S/O ROBERT D’SOUZA AGED ABOUT 55 YEARS MEMBER NO.2180 59. ELYAPPE W/O BABU - 19 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 AGED ABOUT 64 YEARS MEMBER NO.2203 60. PETER FRANCIS PINTO S/O JOPSEPH PINTO AGED ABOUT 57 YEARS MEMBER NO.2213 61. PRAKASH KOTIAN S/O ANNI POOJARY AGED ABOUT 47 YEARS MEMBER NO.2395 62. PRADEEP S/O. SMABHU AGED ABOUT 24 YEARS MEMBER NO.2247 63. THOMAS LOBO S/O ZORA LOBO AGED ABOUT 58 YEARS MEMBER NO.2277 64. VINU MATHEW S/O V J MATHEW AGED ABOUT 40 YEARS MEMBER NO.2310 65. NONAYYA S/O HUKRA AGED ABOUT 51 YEARS MEMBER NO.2324 66. RAGHU S/O SAMMAPPA AGED ABOUT 36 YEARS MEMBER NO.2338 67. PRAMEETHA PAIS S/O JOHN PAIS AGED ABOUT 32 YEARS MEMBER NO.2376 - 20 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 68. SARAMMA W/O HAMMED AGED ABOUT 54 YEARS MEMBER NO.2575 69. KINNIGA S/O PURALLA AGED ABOUT 65 YEARS MEMBER NO.393 70. ELIUS S/O APOLIAN AGED ABOUT 68 YEARS MEMBER NO.747 71. UMMAKKA W.O DHARMANA POOJARY AGED ABOUT 68 YEARS MEMBER NO.873 72. BABU POOJARY S/O LINGAPPA POOJARY AGED ABOUT 54 YEARS MEMBER NO.1619 73. NARAYANA POOJARY S/O LINGAPPA POOJARY AGED ABOUT 70 YEARS MEMBER NO.1620 74. KUSUMAVATHI W/O ANNI DEVADIGA AGED ABOUT 67 YEARS MEMBER NO.1688 75. SUNEETHA W/O CHANDAYY MADIVALA AGED ABOUT 59 YEARS MEMBER NO.1739 76. PADMAVATHI W/O OBAYYA DEVADIGA AGED ABOUT 64 YEARS MEMBER NO.1816 - 21 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 77. GANESH POOJARY S/O KRISHNAPPA POOJARY AGED ABOUT 51 YEARS MEMBER NO.2179 78. GANESH POOJARY S/O ANNI POOJARY AGED ABOUT 49 YEARS MEMBER NO.2224 79. THANGACHCHAN T P S/O PILIPOSE AGED ABOUT 59 YEARS MEMBER NO.2251 80 LISSI W/O THANGACHCHAN AGED ABOUT 52 YEARS MEMBER NO.2252 81. H RAJESH ANCHAN S/O NARYANA BANGERA AGED ABOUT 55 YEARS MEMBER NO.2636 82. APOLION D’SOUZA W/O PAUL D’SOUZA AGED ABOUT 58 YEARS MEMBER NO.2637 83. SMT. PAVITHRA W/O NARAYANA POOJARY AGED ABOUT 42 YEARS MEMBER NO.2656 84. RAMA DEVADIGA S/O MANJAPPA MOILY AGED ABOUT 70 YEARS MEMBER NO.2720 85. CHELUVAYYA POOJARY S/O GANGANA POOJARY AGED ABOUT 74 YEARS MEMBER NO.1743 - 22 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 86. YAVARAJ JAIN S/O NAGARAJ BANGA AGED ABOUT 57 YEARS MEMBER NO.2320 87. SUNANDA W/O JEEVANDHAR JAIN AGED ABOUT 59 YEARS MEMBER NO.2726 88. SULEIMAN S/O ABOOBAKKAR AGED ABOUT 55 YEARS MEMBER NO.1777 89. KESHAVATHI W/O POOVAPPA SALIAN AGED ABOUT 49 YEARS MEMBER NO.2077 90. JITTI THOMAS S/O K M THOMAS AGED ABOUT 56 YEARS MEMBER NO.2120 91. BOOBA S/O KURUMBILA AGED ABOUT 57 YEARS MEMBER NO.2229 92. ABBAS S/O ABDUL RAHIMAN AGED ABOUT 54 YEARS MEMBER NO.2340 93. RAMANANDA POOJARY S/O NARNAPPA POOJARY AGED ABOUT 62 YEARS MEMBER NO.2390 94. SRIDHAR BANGERA S/O NARNAPPA POOJARY AGED ABOUT 58 YEARS MEMBER NO.2421 - 23 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 95. SONY A J W/O. CHACKO JOSEPH AGED ABOUT 49 YEARS MEMBER NO. 2423 96. MOHAMMAD SHAFI S/O H UNJNI AGED ABOUT 56 YEARS MEMBER NO.2471 97. RAYMOND VEIGUS S/O HENRY VEIGUS AGED ABOUT 56 YEARS MEMBER NO.2660 98. PRAVEENA S/O SHAMBU AGED ABOUT 38 YEARS MEMBER NO.2674 99. SEFIYA W/O ASHRAF AGED ABOUT 42 YEARS MEMBER NO.2700 100. NAVEEN VEIGUS S/O HENRY VEIGUS AGED ABOUT 48 YEARS MEMBER NO.2717 101. RAJANI W/O RAMANANDA AGED ABOUT 44 YEARS MEMBER NO.2715 ALL ARE MEMBERS OF SULKERI-MOGRU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. SHIRLALU VILLAGE, BELTHANGADY TALUK D.K DISTRICT-574217 ...PETITIONERS (BY SRI. RAKSHITH KUMAR.,ADVOCATE) - 24 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 AND: 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, SHANTHINAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY. 3. SULKERI - MOGRU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, SHIRLALU VILLAGE,BELTHANGADY TALUK, D.K DISTRICT-574217 REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER SULKERI-MOGRU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., SHIRLALU VILLAGE, BELTHANGADY TALUK, D.K DISTRICT-574217 ...RESPONDENTS (BY SRI. YOGESH D NAIK,AGA FOR R1 AND R4, SRI. T L KIRAN KUMAR, ADVOCATE FOR R2, SRI. DEEPAK S SHETTY, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 08.01.2025. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 25 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners in both the petitions are seeking for the following prayers:- "Issue a writ of mandamus directing the Respondents to include the names of the Petitioners in the final eligible voters list and permit the Petitioners to cast their votes in the upcoming elections of the Respondent No.3 Society which is scheduled to be held on 08.01.2025.” 2. This Court by way of an interim arrangement on 07.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 08.01.2025 subject to final outcome of these petitions. 3. Heard Sri Dhananjay. Kumar, learned counsel for the petitioners in W.P.No.69/2025 and Sri Rakshith Kumar, learned counsel for the petitioners in W.P.No.70/2025, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned - 26 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 counsel for respondent No.2 and Sri Deepak S. Shetty, learned counsel for respondent No.3. 4. Counsel for the petitioners submits that the election has been held as scheduled on 08.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13-D (2- A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.3-Society fairly submits that the Society has not followed the mandatory requirement of the aforementioned Rules and - 27 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 cast votes of the petitioners to be included while counting and the results to be announced. 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2)(c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2)(c) of the Act and hence, the following: ORDER i. Writ petitions are disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and 1 2022 (4) AKR 775 - 28 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 announce the results of the election, which was scheduled on 08.01.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2)(c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent No.3– society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent No.3– society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent No.3-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results - 29 - NC: 2025:KHC:8926 WP No. 69 of 2025 C/W WP No. 70 of 2025 shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- _____________________ JUSTICE K.S. HEMALEKHA YKL List No.: 2 Sl No.: 11