Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4185 WP No. 64 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 64 OF 2025 (CS-EL/M) BETWEEN:
1. VEDAVATHI W/O CHANNAPPAGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2285
2. PRASANNA V N S/O NAAGESHRAO V G AGED ABOUT 49 YEARS MEMBERSHIP NO.1903
3. B R SHYLA W/O DUGAPPAGOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO.2366
4. VAAGDEVI W/O VENKATAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.2235
5. K M PRASANNA W/O MALLAPPAGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.1759
6. SUDEERA S N S/O NAGESHA AGED ABOUT 33 YEARS MEMBERSHIP NO.1987
7. SHANTHA LAKSHMI W/O RAMAKRISHNAYYA AGED ABOUT 60 YEARS MEMBERSHIP NO.1681
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4185 WP No. 64 of 2025
8. SHOBHA W/O PRAKASH AGED ABOUT 52 YEARS MEMBERSHIP NO.2560
9. K R SHIVASHANKARA S/O K RAMAYYA AGED ABOUT 59 YEARS MEMBERSHIP NO.1572
10. K S RAJESHVARI W/O SHIVASHANKAR AGED ABOUT 57 YEARS MEMBERSHIP NO.1434
11. SURESH K R S/O RAMAYYA AGED ABOUT 57 YEARS MEMBERSHIP NO.1796
12. SURESH A S S/O SHESHAGIRIYAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO.2221
13. GOPAL KRISHNA S/O MAHABALAYYA AGED ABOUT 63 YEARS MEMBERSHIP NO.1876
14. NAGABHOSHANA B R S/O RAMAYYA AGED ABOUT 58 YEARS MEMBERSHIP NO.1805
15. SHESHAGIRIYAPPA B R S/O RAMAYYA AGED ABOUT 75 YEARS MEMBERSHIP NO.1804
16. CHANDRA SHEKARA BHATT S/O GANESH BHATT AGED ABOUT 71 YEARS MEMBERSHIP NO.397
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NC: 2025:KHC:4185 WP No. 64 of 2025
17. NAGESH RAO S/O MAHABALAIAH AGED ABOUT 67 YEARS MEMBERSHIP NO.1811
18. SRINIVAS RAO S/O MAHABALAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO.1810
19. LAKSHMI NARAYANA S/O SINGAPAYYA AGED ABOUT 68 YEARS MEMBERSHIP NO.135
20. SRIKANT RAO S/O SHESHAGIRIYAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.922
21. SHANKARAPPANAIKA S/O HALAPPANAIKA AGED ABOUT 50 YEARS MEMBERSHIP NO.1752
22. UMESHA B T S/O THIMAPPAGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.2114
23. SHREERANGA H R S/O RADHAKRISHNA AGED ABOUT 31 YEARS MEMBERSHIP NO.2351
24. VISHWESHVAR H N S/O NAGABHOSHAN H G AGED ABOUT 58 YEARS MEMBERSHIP NO.930
25. DIVAKAR H K S/O KRISHNA RAO H G AGED ABOUT 55 YEARS MEMBERSHIP NO.1264
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NC: 2025:KHC:4185 WP No. 64 of 2025
26. SUJATHA W/O MANJUNATHA AGED ABOUT 59 YEARS MEMBERSHIP NO.1335
27. NAGENDRA S M S/O MAHADEVRAO AGED ABOUT 50 YEARS MEMBERSHIP NO.1888
28.
SUBBANNA S/O SHESHGIRIYAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.2056
29. RAVINDRA M M S/O MANJUNATH AGED ABOUT 45 YEARS MEMBERSHIP NO.2089
30. NARASIMHAMOORTHY S/O SHRUNGESHVAR RAO AGED ABOUT 50 YEARS MEMBERSHIP NO.2183
31. UDAYA T S/O THIMAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO.2200
32. VEENA S G D/O GOPALA KRISHNA RAO S R AGED ABOUT 32 YEARS MEMBERSHIP NO.2053
33. UMESH K S S/O RAMAYYA AGED ABOUT 35 YEARS MEMBERSHIP NO.2101
34. SUBRAY ACHAR S/O NAGAPPA ACHAR AGED ABOUT 49 YEARS MEMBERSHIP NO.2340
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NC: 2025:KHC:4185 WP No. 64 of 2025
35. RAMESH K D S/O DEVAPPAGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.2307
36. LALITHA W/O LAKSHMANNAIK SHETTY AGED ABOUT 55 YEARS MEMBERSHIP NO.2298
37. K V CHENAKESHAVA S/O VENKATARAMANA AGED ABOUT 46 YEARS MEMBERSHIP NO.2008
38. RATHNAMMA B M W/O NAGESH S R AGED ABOUT 53 YEARS MEMBERSHIP NO.2243
39. M M MAHESH S/O MANJAPPAGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.2073
40. SRINIVAS K K S/O PUTTAYYA AGED ABOUT 59 YEARS MEMBERSHIP NO.1977
41. SUMATHI W/O SHANKARA S AGED ABOUT 40 YEARS MEMBERSHIP NO.2251
42. GANAPATHI S/O KRUSHNAYYA AGED ABOUT 50 YEARS MEMBERSHIP NO.2295
43. GAYATHRI W/O PALACHANDRA AGED ABOUT 45 YEARS MEMBERSHIP NO.1224
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44. NARASIMBHAT S/O SHAM BHAT AGED ABOUT 50 YEARS MEMBERSHIP NO.1809
45. GANESHAYYA S/O SEETHARAMAYYA AGED ABOUT 42 YEARS MEMBERSHIP NO.1886
46. SUNITHA K T W/O HIRIYANNA AGED ABOUT 42 YEARS MEMBERSHIP NO.1912
47. SRINIVAS K T S/O THAMMEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.1927
48. SACHIN P G S/O GOPALGOWDA AGED ABOUT 32 YEARS MEMBERSHIP NO.2040
49. SHARAVATHI W/O VENKATESHRAO AGED ABOUT 42 YEARS MEMBERSHIP NO.2096
50. SHIVSHANKAR K S S/O SHIVAPPAGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.1544
51. MAHABALAYYA S/O SUBAYYA AGED ABOUT 54 YEARS MEMBERSHIP NO.1814
52. K V RAMURTHY S/O VENKATESHAYYA AGED ABOUT 59 YEARS MEMBERSHIP NO.1597
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NC: 2025:KHC:4185 WP No. 64 of 2025
53.
MAHABALA K S S/O SHRUNGESHVARAYYA AGED ABOUT 54 YEARS MEMBERSHIP NO.2356
54. INJITH P S S/O P B SRINIVAS AGED ABOUT 35 YEARS MEMBERSHIP NO.2230
55. SATHISH GOWDA M S S/O SIDDAPAGOWDA M S AGED ABOUT 50 YEARS MEMBERSHIP NO.1671
56. KRISHNAYYA S S/O SHESHAYYA K AGED ABOUT 75 MEMBERSHIP NO.0310
57. KRISHNAMURTHY BHAT D N S/O NAGABHUSAN BHAT AGED ABOUT 56 MEMBERSHIP NO.0495
58. SEETHAPATHI K V BHAT S/O VENKATA NARASIMHA AVADHANI AGED ABOUT 70 MEMBERSHIP NO.0546
59. CHANDRASHEKAR M V S/O VENKATAGOWDA AGED ABOUT 69 MEMBERSHIP NO. 60. NANJUNDA BHAT D S/O GANESH BHAT AGED ABOUT 80 MEMBERSHIP NO.0663
61. PRAKASH K R S/O RAMAPAYYA KV AGED ABOUT 63 YEARS MEMBERSHIP NO.0754
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62. RADHAMMA W/O THIMMAPPA AGED ABOUT 70 MEMBERSHIP NO.0864
63. SREENIVASA D S/O DHARMAYYA (NARAYANA NAIK) AGED ABOUT 58 MEMBERSHIP NO.0959
64. SHEKHARA S/O YALLAPPAHALANDHUR AGED ABOUT 58 MEMBERSHIP NO.1968
65. ANANDA S/O BABU AGED ABOUT 54 MEMBERSHIP NO.973
66. RAJU S/O BABU AGED ABOUT 58 MEMBERSHIP NO.0974
67. VENKAPPA S/O DHOOJA AGED ABOUT 58 MEMBERSHIP NO.0982
68. SHANTHA W/O SEENA AGED ABOUT 59 MEMBERSHIP NO.990
69. RAMESHA K P S/O PUTTAYYA AGED ABOUT 50 MEMBERSHIP NO.1006
70. RATHNA W/O UMESH (BHADAYYA) AGED ABOUT 65 MEMBERSHIP NO.1008
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NC: 2025:KHC:4185 WP No. 64 of 2025
71. PUTTI W/O MANJA AGED ABOUT 70 MEMBERSHIP NO.1011
72. ANNAPPA K S S/O SIDDA AGED ABOUT 40 MEMBERSHIP NO.1020
73. BABU S/O AITHAPPA AGED ABOUT 72 MEMBERSHIP NO.1041
74. SEETHU W/O BABU AGED ABOUT 68 MEMBERSHIP NO.1042
75. SUNDARA S/O BABU AGED ABOUT 35 MEMBERSHIP NO.1043
76. KUTTI S/O KUKRA AGED ABOUT 68 MEMBERSHIP NO.1046
77. NAAGA S/O DURGA AGED ABOUT 68 MEMBERSHIP NO.1054
78. SHARADHA W/O VEERAPPA AGED ABOUT 75 MEMBERSHIP NO.1130
79. JAYAMMA W/O ANNAPPA AGED ABOUT 68 MEMBERSHIP NO.1133
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NC: 2025:KHC:4185 WP No. 64 of 2025
80.
SHARADHA WW/O MAASTHI AGED ABOUT 62 MEMBERSHIP NO.1134
81. RAMESHA S/O GORIYA AGED ABOUT 60 MEMBERSHIP NO.1136
82. JANAKI W/O NAGA AGED ABOUT 55 MEMBERSHIP NO.1143
83. SEETHAMMA W/O SINGAPPA GOWDA AGED ABOUT 72 MEMBERSHIP NO.1277
84. SUMITHRA W/O SHIVASHANKARA BHAT AGED ABOUT 68 MEMBERSHIP NO.1397
85. POORNIMA W/O RAMAYYA AGED ABOUT 62 MEMBERSHIP NO.1435
86. HEMAVATHI W/O CHANDRASHEKHAR AGED ABOUT 58 MEMBERSHIP NO.1441
87. NAGARAJA S/O SANNAPPA AGED ABOUT 50 MEMBERSHIP NO.1483
88. PALACHANDRA RAO V S S/O SHANKAR RAO V G AGED ABOUT 62 MEMBERSHIP NO.1489
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NC: 2025:KHC:4185 WP No. 64 of 2025
89. HIRIYANNA M C S/O CHINNAPPA HEGDE AGED ABOUT 58 MEMBERSHIP NO.1504
90. RAGHAVENDRA M.
S/O MANJUNATHA AGED ABOUT 48 MEMBERSHIP NO.1524
91. GANESHA G G S/O GURUMURTHY AGED ABOUT 75 MEMBERSHIP NO.1575
92. ACHUTH RAO S/O GANESHAYYA AGED ABOUT 75 MEMBERSHIP NO.1585
93. HIRIYANNAPPA S/O GANESHAYYA AGED ABOUT 76 MEMBERSHIP NO.1678
94. VINODHA W/O DUGGAPPA GOWDA AGED ABOUT 62 MEMBERSHIP NO.1684
95. VENKATESH BHAT S/O GANESH BHAT AGED ABOUT 80 MEMBERSHIP NO.1726
96. DHUGGAPPA GOWDA S/O DHUGGAPPA GOWDA AGED ABOUT 65 MEMBERSHIP NO.1747
97. VASUNDHARA W/O RAGHAVENDRA M AGED ABOUT 45 MEMBERSHIP NO.1770
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NC: 2025:KHC:4185 WP No. 64 of 2025
98. RAVI V R S/O RAMAKRISHNA HANDHE AGED ABOUT 55 MEMBERSHIP NO.1776
99. BHASKAR RAO K V S/O VENKAT RAO AGED ABOUT 50 MEMBERSHIP NO.1803
100. JANAKAMMA S/O SREENIVASA GOWDA AGED ABOUT 80 MEMBERSHIP NO.1647
101. NAGARAJA H S S/O SINGAPPA GOWDA AGED ABOUT 60 MEMBERSHIP NO.1875
102. DINESH DONGRE G S/O GANESHA G G AGED ABOUT 45 MEMBERSHIP NO.1844
103. RATHNAKARA K K S/O KADAPPA GOWDA AGED ABOUT 48 MEMBERSHIP NO.1897
104. GURUMURTHY S/O KRISHNAMURTHY AGED ABOUT 65 MEMBERSHIP NO.1901
105. VIJAY KUMAR M C S/O CHANDRASHEKHAR M V AGED ABOUT 65 MEMBERSHIP NO.1747
106. SHANKARAPPA GOWDA K B S/O KANAVALLI AGED ABOUT 64 MEMBERSHIP NO.1925
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NC: 2025:KHC:4185 WP No. 64 of 2025
107.
PREAMA W/O KALASAPPA GOWDA AGED ABOUT 48 MEMBERSHIP NO.1964
108. SHASHIKALA S/O RAGHAVENDHRA AGED ABOUT 66 MEMBERSHIP NO.1976
109. MANJUNATHA M N S/O NAGESHA NAIK AGED ABOUT 50 MEMBERSHIP NO.1983
110. CHANNAKESHAVA K V S/O VENKATARAMANA RAO AGED ABOUT 67 MEMBERSHIP NO.2008
111. NATESHA M S/O MANJUNATHA AGED ABOUT 60 MEMBERSHIP NO.2019
112. SRINIVASA K S S/O NAGAPPA NAIKA AGED ABOUT 55 MEMBERSHIP NO.2039
113. KESHAVA K S S/O SHESHAPPA NAIK AGED ABOUT 50 MEMBERSHIP NO.2043
114. SUBRAMANYA BHAT D V S/O VENKATESH BHAT AGED ABOUT 48 MEMBERSHIP NO.2083
115. RAVI V K S/O KRISHNAYYA AGED ABOUT 53 MEMBERSHIP NO.2146
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NC: 2025:KHC:4185 WP No. 64 of 2025
116. SIDDAPPA GOWDA S/O SHESHAPPA GOWDA AGED ABOUT 68 MEMBERSHIP NO.2147
117. RAMESHA H G S/O GIDDENAIK AGED ABOUT 55 MEMBERSHIP NO.2155
118. BALASUBRAMNYA M S S/O SHYAM BHATTA AGED ABOUT 58 MEMBERSHIP NO.2175
119. LOKAMMA W/O CHINNAPPA GOWDA AGED ABOUT 54 MEMBERSHIP NO.2180
120. NAVEENA KUMARI W/O SATISHA S V AGED ABOUT 38 MEMBERSHIP NO.2187
121. RAMESHA H C S/O CHINNAPPA GOWDA AGED ABOUT 41 MEMBERSHIP NO.2201
122. RATNAMMA W/O SHANKRAPPA NAYKA AGED ABOUT 61 MEMBERSHIP NO.2218
123. JAGADISHA H V S/O VENKATARAMANA GOWDA AGED ABOUT 62 MEMBERSHIP NO.2224
124. UMESHA M R S/O RAMMOHANA M V AGED ABOUT 55 MEMBERSHIP NO.2236
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NC: 2025:KHC:4185 WP No. 64 of 2025
125. RAJANI K S W/O RATHNAKARA H V AGED ABOUT 41 MEMBERSHIP NO.2278
126. VEENA S A W/O KESHAVA K S AGED ABOUT 42 MEMBERSHIP NO.2281
127. KISHORKUMAR M C S/O CHINNAPPA GOWDA AGED ABOUT 41 MEMBERSHIP NO.2286
128. KIRANKUMAR M C S/O CHINNAPPA GOWDA AGED ABOUT 44 MEMBERSHIP NO.2287
129. KEERTIKUMAR M C S/O CHINNAPPA GOWDA AGED ABOUT 47 MEMBERSHIP NO.2288
130. SHANTAMMA W/O SHESHGIRIYAPPA AGED ABOUT 54 MEMBERSHIP NO.2305
131. MUTTAMMA W/O ANNAPPAPOOJARI AGED ABOUT 56 MEMBERSHIP NO.2301
132. SRIDHAR M R S/O RANGAYYA M R AGED ABOUT 58 MEMBERSHIP NO.2339
133.
CHINNAPPA NAYKA S/O BAALENAYKA AGED ABOUT 80 MEMBERSHIP NO.2355
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134. GANAPATHI B L S/O LAKSHMINARYANA BHATT AGED ABOUT 56 MEMBERSHIP NO.2372
135. LAKSHMINARYANA S/O RAAMANNA AGED ABOUT 53 MEMBERSHIP NO.2373
136. SHRIKANTHA S S/O SEETHAPATHI K V AGED ABOUT 46 MEMBERSHIP NO.2375
137. BHAASKARA S/O KAADAPPA NAYKA AGED ABOUT 62 MEMBERSHIP NO.2377
138. SHANKARA S/O MARIYAPPA AGED ABOUT 56 MEMBERSHIP NO.2379
139. ADARSHA K S S/O SHANKRAPPA GOWDA AGED ABOUT 28 MEMBERSHIP NO.2397
140. RAVEESHA K K S/O KALASAPPA NAYKA AGED ABOUT 32 MEMBERSHIP NO.2439
141. CHINNAYYA S/O BELLA NAYKA AGED ABOUT 58 MEMBERSHIP NO.2476
142. VAASUDEVA K M S/O MARIYAPPA GOWDA AGED ABOUT 52 MEMBERSHIP NO.2498
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NC: 2025:KHC:4185 WP No. 64 of 2025
143. SAAVITHRI W/O SHANKARA AGED ABOUT 48 MEMBERSHIP NO.2562
144. DHARMAPPA GOWDA H S S/O SHESHAPPA GOWDA AGED ABOUT 62 MEMBERSHIP NO.2611
145. ANNPPA S/O KORAGA AGED ABOUT 44 MEMBERSHIP NO.2611
146. NARASIMHAMOORTHI B S S/O SHRUNGESHVARAYYA AGED ABOUT 38 MEMBERSHIP NO.2632
147. SRIKANTA BHATT K M S/O MAHABALAYYA AGED ABOUT 42 MEMBERSHIP NO.2633
148. ARUNKUMAR S/O KAMALAMMA AGED ABOUT 32 MEMBERSHIP NO.2636
149. ABBUBAKKARSAAB D S/O ISMAYIL SAAB AGED ABOUT 55 MEMBERSHIP NO.2661
150. JAGADISHA M M S/O SUBRAMANYA M V AGED ABOUT 58 MEMBERSHIP NO.2662
151. LACHHAMMA S/O KAAADAPPA AGED ABOUT 39 YEARS MEMBERSHIP NO.2669
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152. SHARATHKUMAR K V S/O VEERAPPAGOWDA K M AGED ABOUT 49 YEARS MEMBERSHIP NO.2680
153. RAJAGOOPALA K P S/O PAALACHANDRA K G AGED ABOUT 38 MEMBERSHIP NO.2686
154. SHANKARA D S S/O NANJUNDA BHAT AGED ABOUT 54 MEMBERSHIP NO.2689
155. NARASIMHA MURTHY B R S/O RAMAYYA B S AGED ABOUT 64 YEARS MEMBERSHIP NO.2691
156. SRINIVAS D K S/O BALANAYAK AGED ABOUT 62 MEMBERSHIP NO.2017
157. ABDUL HAMMEED S/O HOOSUB SAHEB AGED ABOUT 52 MEMBERSHIP NO.2696
158.
LAVANYA C D S/O SURESH S S AGED ABOUT 26 MEMBERSHIP NO.2712
159. KIRAN K V S/O ANNAPPA K P AGED ABOUT 42 YEARS MEMBERSHIP NO.2713
160. RAJITHA K C S/O CHIDAMBAR K B AGED ABOUT 62 YEARS MEMBERSHIP NO.2719
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161. SUBHRAMANYA H A S/O ANNAPPA AGED ABOUT 46 YEARS MEMBERSHIP NO.2725
162. SHAILA H M S/O CHAYAPATHI AGED ABOUT 46 MEMBERSHIP NO.2739
163. LALITHAMMA W/O THIMMAPPA GOWDA AGED ABOUT 46 MEMBERSHIP NO.2741
164. RAJITH S S S/O SUBBANNA S K AGED ABOUT 27 MEMBERSHIP NO.2745
165. SUDHAKARA K S S/O SIDDHAPPA K S AGED ABOUT 40 YEARS MEMBERSHIP NO.2746
166. RAVINDRA B S S/O SHESHAPPA GOWDA AGED ABOUT 44 YEARS MEMBERSHIP NO.2750
167. ANUP KUMAR S M S/O MANJUNATH S A AGED ABOUT 54 YEARS MEMBERSHIP NO.2755
168. GEETHA V BHAT S/O VENKATESH BHAT G S AGED ABOUT 50 MEMBERSHIP NO.2756
169. CHANDRASHEKHARA R S S/O SREENIVAS RAO AGED ABOUT 62 MEMBERSHIP NO.2776
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170. REKHA M H W/O D PRAKASH K M AGED ABOUT 38 YEARS MEMBERSHIP NO.2780
171. POORNIMA W/O RATHNAKARA K K AGED ABOUT 39 MEMBERSHIP NO.2782
172. SOWMYA H S D/O SRINIVAS RAO H M AGED ABOUT 28 YEARS MEMBERSHIP NO.2783
173. SUSHMA H S D/O SRINIVAS RAO H M AGED ABOUT 31 YEARS MEMBERSHIP NO.2784
174. SRIKRISHNA H G S/O GANAPATHI H K AGED ABOUT 36 YEARS MEMBERSHIP NO.2785
175. JAYAMMA W/O CHANDRAMOULI AGED ABOUT 40 YEARS MEMBERSHIP NO.2791
176. SAGAR S K S/O KRISHNAMURTHY S M AGED ABOUT 29 YEARS MEMBERSHIP NO.2797
PETITION IS DISMISSED AGAINST RESPONDENT NO.176 AS PER ORDER DATED 24.01.2025
177. POOJA K K W/O KESHAVA AGED ABOUT 26 MEMBERSHIP NO.2806
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178. GIRIJA W/O SUBHRAMANYA BHAT AGED ABOUT 40 YEARS MEMBERSHIP NO.2812
179.
ANNAPPA K K S/O KADAPPA GOWDA K AGED ABOUT 62 YEARS MEMBERSHIP NO.2826
180. RAJAMOHAN M S S/O SRINIVASA M AGED ABOUT 40 YEARS MEMBERSHIP NO.2833
181. SHIVANANDA K S S/O SEETHARAMAYYA AGED ABOUT 32 YEARS MEMBERSHIP NO.2842
182. SUNDARA K V S/O DAYANANDA K P AGED ABOUT 31 YEARS MEMBERSHIP NO.2845
183. JAYAMMA B S W/O RAJU AGED ABOUT 38 YEARS MEMBERSHIP NO.2851
184. PADMA W/O CHANDRASHEKHARA AGED ABOUT 39 YEARS MEMBERSHIP NO.2854
185. SHUBHATH KUMAR S/O THIMMAPPA S AGED ABOUT 24 MEMBERSHIP NO.2862
186. VEENA W/O DEVENDRA AGED ABOUT 58 YEARS MEMBERSHIP NO.2877
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187. SHEETHALA M S S/O SHIVAPPA M V AGED ABOUT 30 YEARS MEMBERSHIP NO.2883
188. PADMAVATHI W/O SHIVAPPA GOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.2884
189. ADARSHA M K S/O KRISHNAPPA M K AGED ABOUT 41 YEARS MEMBERSHIP NO.2885
190. SHREELATHA W/O CHANNAKESHAVA K S AGED ABOUT 46 YEARS MEMBERSHIP NO.1805
191. SHARADHA H D W/O NAGAPPA GOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2893
192. LAKHMAMMA W/O SINGAPPA GOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.2908
193. CHANDRAVATHI S S W/O SINGAPPA AGED ABOUT 52 MEMBERSHIP NO.2915
194. SINGAPPA GOWDA H C S/O CHANDE GOWDA AGED ABOUT 52 MEMBERSHIP NO.2916
195. SUMITH D S/O DUGGAPPA GOWDA AGED ABOUT 36 YEARS MEMBERSHIP NO.2934
196. NISHA M R W/O RAGHAVENDRA MR
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AGED ABOUT 39 YEARS MEMBERSHIP NO.2962
197. PRAKASH B R S/O RAMACHANDRA RAO AGED ABOUT 32 YEARS MEMBERSHIP NO.2968
198. PRASANNA B L S/O LAKSHMINARAYANA B R AGED ABOUT 35 YEARS MEMBERSHIP NO.2969
199. SUJATHA S C W/O SHREEPATHI AGED ABOUT 42 YEARS MEMBERSHIP NO.2974
200. KUMARA B GOWDA S/O KELAKOPPA AGED ABOUT 40 YEARS MEMBERSHIP NO.2975
201. MANIKANTA S/O JAGANNATH AGED ABOUT 36 YEARS MEMBERSHIP NO.2978
202. RAKESH K C S/O CHIDAMBAR K G AGED ABOUT 36 YEARS MEMBERSHIP NO.2981
203.
SUNNDA W/O DAYANAND AGED ABOUT 45 YEARS MEMBERSHIP NO.2845
ALL ARE MEMBERS OF HALANDUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MENASE, SRINGERI TALUK CHIKAMAGALURU DISTRICT -577139. …PETITIONERS (BY SRI. VIGNESHWAR S. SHASTRY, SENIOR COUNSEL FOR SRI. A.S. GIRISH, ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. B.R. AMVEDKAR VIDHI, BANGALORE -560 001. REPTD., BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. "A" BLOCK, SHANTINAGAR, BANGALORE-560 027. REPTD., BY ITS SECRETARY. 3. DEPUTY REGISTRAR/ DISTRICT ELECTION OFFICER, SAHAKARA UNION JYOTHI NAGARA, CHIKAMAGALURU TOWN, CHIKAMAGALURU DISTRICT-577 102. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT-577139. 5. HALANDUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MENASE, SRINGERI TALUK CHIKAMAGALURU DISTRICT-577139. BY ITS CHIEF EXECUTIVE OFFICER, (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959)
6. RETURNING OFFICER HALANDUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MENASE, SRINGERI TALUK CHIKAMAGALURU DISTRICT-577139. 7. SRI M.C.ACHUTHA S/O MR. CHINNAPPA GOWDA AGED ABOUT 62 YEARS, R/AT MAAGALU, HALANDUR VILLAGE, HALANDUR POST,
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SRINGERI TALUK, CHIKKAMAGALUR DISTRICT-577139. IMPLEADED VIDE ORDER DATED 24.01.2025
…RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3, R4 AND R6;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI. A.C.BALARAJ, ADVOCATE FOR R5;
SRI. M.R. RAJAGOPAL SENIOR COUNSEL FOR SRI. GANAPATI BHAT VAJRALLI, ADVOCATE FOR PROPOSED R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 12.01.2025 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
Petitioners in this petition are seeking to direct respondent Nos.2 to 6 to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.5 which was scheduled to be held on 12.01.2025. - 26 -
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2. This Court, by way of interim arrangement on 10.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 12.01.2025 to the Board of Directors of respondent No.5-society subject to the final outcome of this writ petition. 3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. Rule 13-D of the KCS Rules, 1960 reads as under:
“13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board;
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(c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society.
(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all
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ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. - 29 -
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(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.
(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority.
(5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates
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with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,–
(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;
(b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society,
and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society,
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the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,–
(a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society.
(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination;
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(b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.”
5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-society and attended all the annual general body meetings, in spite of which respondent No.5- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5-society. - 33 -
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6. The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under:
“9.
In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? 1 ILR 2024 KAR 1901
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(c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied)
7. The Co-Ordinate Bench after giving deliberate
consideration to various judgments has held at paragraph Nos.50 and 51 as under:
“50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium
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(d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases.
51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following:
ORDER
Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all
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questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.”
8. Section 70 of the KCS Act, 1959 reads as under:
“70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.–
(a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or
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(c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.
(2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.–
(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor,
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as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or
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the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x”
9.
The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is
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squarely applicable to the present facts and the present petition needs to be disposed of in similar terms and hence, the following:
ORDER i. The Returning Officer shall count the votes cast in the elections held on 12.01.2025 to the Board of Directors of respondent No.5-society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.5- society. iv. All the contentions of the parties are kept open.
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v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of.
Sd/- _______________________ JUSTICE K.S. HEMALEKHA
SS List No.: 1 Sl No.: 29