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High Court of Karnataka · body

2025 DAILYLAW 13089 (KAR)

KRISHNA RAO K v. THE STATE OF KARNATAKA

WP/276/2025 · 2025-01-16

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:2056 WP No. 276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 276 OF 2025 (CS-EL/M) BETWEEN: 1. KRISHNA RAO K S/O JANARDHANAIAH, AGED ABOUT 62 YEARS, MEMBER NO. 387. 2. THIMMAIAH SHETTY S/O NAVELA SHETTY, AGED ABOUT 60 YEARS, MEMBER NO. 793. 3. SUNDARA B SHETTY S/O BOGRU SHETTY, AGED ABOUT 59 YEARS, MEMBER NO. 916. 4. PREMA K W/O H LOKKAYYA POOJARY, AGED ABOUT 60 YEARS, MEMBER NO. 1159. 5. MALLIKA SURESH HEGDE W/O SURESH HEGDE, AGED ABOUT 63 YEARS MEMBER NO. 1971. 6. SEETHU W/O RAGHU RAMA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2056 WP No. 276 of 2025 AGED ABOUT 70 YEARS, MEMBER NO. 2342/ 7. SANDHYA W/O SUDHEER S P, AGED ABOUT 45 YEARS, MEMBER NO. 2540/ 8. RUKMINI HEGDE W/O SOMANNA HEGDE, AGED ABOUT 40 YEARS, MEMBER NO. 2844. 9. SURESH HEGDE S/O RATHNAKARA HEGDE, AGED ABOUT 58 YEARS, MEMBER NO. 2845. 10. MUTTU HENGSU D/O VENKAMMA, AGED ABOUT 46 YEARS, MEMBER NO. 266. 11. ANANDA POOJARY S/O MAANTHU POOJARY, AGED ABOUT 53 YEARS, MEMBER NO. 591. 12. ANNI YANE OBBAIAH MALEKUDIYA S/O DHARMANNA MALEKUDIYA , AGED ABOUT 57 YEARS, MEMBER NO. 778. 13. RAMA NATHA BHAT S/O VISHNU BHAT, AGED ABOUT 63 YEARS, - 3 - NC: 2025:KHC:2056 WP No. 276 of 2025 MEMBER NO. 1285. 14. GEETHA S/O RAJA MALYA, AGED ABOUT 39 YEARS, MEMBER NO. 1324. 15. GANGAIAH GOWDA S/O DHARMANNA GOWDA, AGED ABOUT 58 YEARS, MEMBER NO. 1671. 16. MONNAPPA S/O BABU, AGED ABOUT 62 YEARS, MEMBER NO. 2166. 17. PADMAVATHI W/O GANGADHARA, AGED ABOUT 43 YEARS, MEMBER NO. 2432. 18. SUNIL S/O NARAYANA POOJARY, AGED ABOUT 40 YEARS, MEMBER NO. 2550. 19. GEETHA W/O VITTALA SHETTY AGED ABOUT 38 YEARS, MEMBER NO. 2812. 20. SUMANGALA W/O VAJRA NABHA AGED ABOUT 72 YEARS, MEMBER NO. 275. - 4 - NC: 2025:KHC:2056 WP No. 276 of 2025 21. BESTHI JOSEPH S/O JOSEPH T J , AGED ABOUT 55 YEARS, MEMBER NO. 349. 22. MALATHI W/O BRAHMAYYA JAIN, AGED ABOUT 62 YEARS, MEMBER NO. 450. 23. JAYA CHANDRA RAI N, W/O VAJRA NABHA, AGED ABOUT 59 YEARS, MEMBER NO. 275. 24. PRABHAVATHI W/O KUMARAYYA POOVANNI, AGED ABOUT 76 YEARS, MEMBER NO. 723. 25. NARAYANA DEVADIGA S/O MONTA SERIGARA, AGED ABOUT 72 YEARS, MEMBER NO. 785. 26. LEELAVATHI W/O ANANDA, AGED ABOUT 56 YEARS, MEMBER NO. 809. 27. RATHNA RAJA S/O DEVARAJA HEGDE, AGED ABOUT 75 YEARS, MEMBER NO. 891. - 5 - NC: 2025:KHC:2056 WP No. 276 of 2025 28. JANAKI W/O LAKSHMANA POOJARY, AGED ABOUT 58 YEARS, MEMBER NO. 998. 29. LEELAVATHI YANE LATHA W/O PADMANABHA ACHARYA AGED ABOUT 53 YEARS, MEMBER NO. 999. 30. BABY W/O JAYACHANDRA RAI, AGED ABOUT 48 YEARS, MEMBER NO. 1176. 31. MEENA W/O S R MANI, AGED ABOUT 54 YEARS, MEMBER NO. 1415. 32. CHANDRASHEKAR BHAT S/O VASU DEVA BHAT, AGED ABOUT 65 YEARS, MEMBER NO. 1231. 33. SAJEEV CHAKOB S/O E U CHAKOB, AGED ABOUT 48 YEARS, MEMBER NO. 1537. 34. ANAND MALE KUDIYA S/O YELLAPPA MALEKUDIYA, AGED ABOUT 64 YEARS, MEMBER NO. 1692. - 6 - NC: 2025:KHC:2056 WP No. 276 of 2025 35. JOSHI ANTONY S/O ANTONY, AGED ABOUT 48 YEARS, MEMBER NO. 1440. 36. BHAVANI W/O GOPALA POOJARY, AGED ABOUT 46 YEARS, MEMBER NO. 1502. 37. SHANTHA KUMARI W/O A RATNA RAJA HEGDE, AGED ABOUT 70 YEARS, MEMBER NO. 1527. 38. NEELAMMA W/O MAHABALA SERIGARA, AGED ABOUT 69 YEARS, MEMBER NO. 1552. 39. MARIYANNA HEGDE S/O ANNI HEGDE, AGED ABOUT 76 YEARS, MEMBER NO. 1731. 40. VINAYA J HEGDE W/O JEEVANDHAR KUMAR, AGED ABOUT 58 YEARS, MEMBER NO. 1873. 41. SUDHAKAR S/O SUNDARA DEVADIGA, AGED ABOUT 39 YEARS, MEMBER NO. 1995. - 7 - NC: 2025:KHC:2056 WP No. 276 of 2025 42. PADMAVATHI W/O SHIVAYYA POOJARY, AGED ABOUT 56 YEARS, MEMBER NO. 2069. 43. VAGESHWARI W/O PASHWANATHA HEGDE, AGED ABOUT 40 YEARS, MEMBER NO. 2128. 44. VEERESHA MADIWALA S/O BASAPPA MADIWALA, AGED ABOUT 57 YEARS, MEMBER NO. 2220. 45. MANI S/O RAMA SWAMY, AGED ABOUT 64 YEARS, MEMBER NO. 2699. 46. DHARNAPPA POOJARY S/O LOKKAYYA POOJARY, AGED ABOUT 72 YEARS, MEMBER NO. 2736. 47. RAJENDRA BHAT S/O VENKATA RAMANA BHAT, AGED ABOUT 49 YEARS, MEMBER NO. 465. 48. VIMALA POOJARTHI W/O. KRISHNAPPA POOJARI, AGED ABOUT 66 YEARS, MEMBER NO. 273. - 8 - NC: 2025:KHC:2056 WP No. 276 of 2025 49. DEJAMAA W/O VEERAPPAPOOJARI, AGED ABOUT 72 YEARS, MEMBER NO. 286. 50. MUNIRAJA JAIN S/O NAGARAJA HEGDE, AGED ABOUT 55 YEARS, MEMBER NO. 485. 51. PARSHWANATH HEGDE S/O. KUMARAIAH, AGED ABOUT 54 YEARS, MEMBER NO. 544. 52. MUTHU POOJARI W/O SRINIVASA H.D., AGED ABOUT 64 YEARS, MEMBER NO. 656. 53. VASANTHA POOJARI S/O. PURALLA POOJARI, AGED ABOUT 55 YEARS, MEMBER NO. 751. 54. MONAPPA POOJARI S/O. RAMA POOJARI, AGED ABOUT 65 YEARS MEMBER NO. 755. 55. YASHODHARA ACHARYA S/O. BABU ACHARYA, AGED ABOUT 53 YEARS, MEMBER NO. 764. - 9 - NC: 2025:KHC:2056 WP No. 276 of 2025 56. RAVI J. SALYAN S/O. JARAPPA POOJARI, AGED ABOUT 48 YEARS, MEMBER NO. 796. 57. JAYA CHANDRA RAI N W/O VAJRA NABHA, AGED ABOUT 72 YEARS, MEMBER NO. 275. 58. POVAPPA MALEKUDIA S/O. NEMU MALEKUDIA, AGED ABOUT 51 YEARS, MEMBER NO. 812. 59. SHIVAPPA POOJARI S/O. BADU POOJARI, AGED ABOUT 72 YEARS, MEMBER NO. 869. 60. KRISHNAPPA K. S/O CHENAMU PARAVA, AGED ABOUT 60 YEARS, MEMBER NO. 892. 61. DUGGAPPA POOJARI S/O. IRMILA POOJARI, AGED ABOUT 68 YEARS, MEMBER NO. 899. 62. KAMALA W/O. POVAPPA POOJARI, AGED ABOUT 80 YEARS, MEMBER NO. 1004. - 10 - NC: 2025:KHC:2056 WP No. 276 of 2025 63. GANESHA S/O JANARDHANA ACHARYA, AGED ABOUT 44 YEARS, MEMBER NO. 2879. 64. SUSHEELA, W/O RAMA DEVADIGA, AGED ABOUT 68 YEARS, MEMBER NO. 1124. 65. CHELUVAMMA W/O DUGGAPPA POOJARI, AGED ABOUT 70 YEARS MEMBER NO. 1179. 66. LALITHA W/O RUKMAIAH, AGED ABOUT 69 YEARS, MEMBER NO. 1207. 67. SUNDARA ACHARYA S/O CHANDRAIAH ACHARYA, AGED ABOUT 56 YEARS, MEMBER NO. 1221. 68. GOPALA POOJARI W/O ANNI POOJARI, AGED ABOUT 58 YEARS, MEMBER NO. 1234. 69. SHASHIKALA W/O PRAVEENA KOTIAN, AGED ABOUT 44 YEARS, MEMBER NO. 1271. - 11 - NC: 2025:KHC:2056 WP No. 276 of 2025 70. SUDHAKARA S/O. SANJEEVA ACHARYA, AGED ABOUT 40 YEARS, MEMBER NO. 1343. 71. PRASHANTHA DEVADIGA S/O NARAYANA DEVADIGA, AGED ABOUT 44 YEARS, MEMBER NO. 1609. 72. SHOBHA, W/O LINGAPPA POOJARI, AGED ABOUT 43 YEARS, MEMBER NO. 2023. 73. PADMA MOOLYA, S/O BIBAIAYYA MOOLYA, AGED ABOUT 65 YEARS, MEMBER NO. 2264. 74. HARISH ACHARYA S/O APPU ACHARYA, AGED ABOUT 45 YEARS, MEMBER NO. 2312. 75. SUNITHA W/O KARUNAKARA ACHARYA, AGED ABOUT 43 YEARS, MEMBER NO. 2337. 76. KUSUMA W/O DAKAYYA POOJARI, AGED ABOUT 54 YEARS, MEMBER NO. 2392. - 12 - NC: 2025:KHC:2056 WP No. 276 of 2025 77. PADMAVATHI W/O BHOJA POOJARI, AGED ABOUT 46 YEARS, MEMBER NO. 2457. 78. SHIVAPRAKASH, W/O CHOKKAIAH POOJARI, AGED ABOUT 40 YEARS, MEMBER NO. 2462. 79. JIBIN JONNY S/O. JONNY A., AGED ABOUT 50 YEARS, MEMBER NO. 1598. 80. NAVEENA, S/O ACHAPPA POOJARI, AGED MAJOR, MEMBER NO. 1017. 81. RATHANAKARA S/O ANNI POOJARI, AGED MAJOR, MEMBER NO. 1134. 82. SHEKHARA POOJARI S/O THIMMA POOJARI, AGED ABOUT 52 YEARS, MEMBER NO. 1203. 83. RATHNA @ RATHNAVATHI, W/O CHANDRASHEKARA, AGED MAJOR, MEMBER NO. 1241. - 13 - NC: 2025:KHC:2056 WP No. 276 of 2025 84. VATHSALA, W/O PASHAVANATHA, AGED MAJOR, MEMBER NO. 1773. 85. VIMALA W/O ANANDA POOJARY, AGED MAJOR, MEMBER NO. 1880. 86. DEVENDRA KUMAR S/O NANAPPA POOJARY, AGED ABOUT 61 YEARS, MEMBER NO. 1925. 87. ANNI POOJARY S/O BABU POOJARY, AGED MAJOR, MEMBER NO. 2191. 88. BOMMAIAH AGED MAJOR, S/O NAKRA MERA, MEMBER NO. 2427. 89. SUNITHA DIWAKAR W/O U DIWAKAR POOJARY, AGED MAJOR, MEMBER NO. 2534. 90. RATNA W/O VIJAY POOJARY, AGED MAJOR, MEMBER NO. 2963. - 14 - NC: 2025:KHC:2056 WP No. 276 of 2025 91. REVATHI W/O RAJU POOJARY, AGED ABOUT 51 YEARS, MEMBER NO. 2655. 92. PRASHANTH S/O VENKAPPA, AGED MAJOR, MEMBER NO. 2247. 93. SHEKARA S/O TABURA, AGED MAJOR, MEMBER NO. 2092. 94. PADMAVATHI W/O SUNDRARA POOJARY, AGED MAJOR, MEMBER NO. 1747. 95. VIJAYA W/O RAMESHA, AGED ABOUT 42 YEARS, MEMBER NO. 2332. 96. SRI. SADASHIVA HEGDE S/O. CHANDAIAH HEGDE, AGED ABOUT 60 YEARS, MEMBER NO. 372. 97. SMT. GUNAVATHI, W/O. PADMARAJ, AGED ABOUT 65 YEARS, MEMBER NO.377. - 15 - NC: 2025:KHC:2056 WP No. 276 of 2025 98. SRI. DOMBAIAH POOJARY, S/O. RANGU POOJARY, AGED ABOUT 68 YEARS, MEMBER NO.690. 99. SMT. PREMA W/O. VITTALA KULAL, AGED ABOUT 65 YEARS, MEMBER NO.789. 100. SRI. GOPALA POOJARY, S/O. THANIYA POOJARY, AGED ABOUT 68 YEARS, MEMBER NO.857. 101. SRI. SUBBA N S/O. KORAGU, AGED ABOUT 55 YEARS, MEMBER NO.1123. 102. SRI. SUNDARA HEGDE, S/O. THAMAIAH HEGDE, AGED ABOUT 68 YEARS, MEMBER NO. 1173. 103. SRI. SANTOSH S/O. LINGAPPA ACHARY, AGED ABOUT 45 YEARS, MEMBER NO. 1414. 104. SMT. SUNANDA W/O. DHARMANA POOJARY, AGED ABOUT 55 YEARS, MEMBER NO. 1417. - 16 - NC: 2025:KHC:2056 WP No. 276 of 2025 105. SRI. SHEKARA SHETTY, S/O CHELUVAIAH SHETTY, AGED ABOUT 58 YEARS, MEMBER NO.1544. 106. SMT. JAYANATHI W/O. ARISHA POOJARY, AGED ABOUT 44 YEARS, MEMBER NO.1809. 107. SMT. VIJAYA W/O. ARISH POOJARY, AGED ABOUT 40 YEARS, MEMBER NO.1810. 108. SMT. KESHAVATI, W/O. VASANTHA POOJARY, AGED ABOUT 58 YEARS, MEMBER NO.1992. 109. SMT. JAYANTHI, W/O. CHIDANANDA, AGED ABOUT 45 YEARS, MEMBER NO. 2009. 110. SMT. SUMATHI, W/O. SUBHAKARA K, AGED ABOUT 39 YEARS, MEMBER NO.2221. 111. SMT. TINTU JOSHI, W/O. JOSHI, AGED ABOUT 40 YEARS, MEMBER NO.2258. - 17 - NC: 2025:KHC:2056 WP No. 276 of 2025 112. SMT. APPI, W/O. SOMAPPA POOJARY, AGED ABOUT 70 YEARS, MEMBER NO.2268. 113. SMT. REVATHI, W/O. LOKESH, AGED ABOUT 34 YEARS, MEMBER NO. 2279. 114. SMT. SANDHYA W/O. GOPALA POOJARY, AGED ABOUT 40 YEARS, MEMBER NO. 2297. 115. SMT. BABY W/O. RUKMAIYYA POOJARY, AGED ABOUT 57 YEARS, MEMBER NO. 2311. 116. SMT. PUSHPA W/O. RAMESHA POOJARY, AGED ABOUT 45 YEARS, MEMBER NO. 2314. 117. SMT. SHASHIKALA W/O. VASANATHA POOJARY, AGED ABOUT 43 YEARS, MEMBER NO. 2315. 118. SMT. GULABI, W/O KARIYA HARI JANA, AGED ABOUT 44 YEARS, MEMBER NO. 2425. - 18 - NC: 2025:KHC:2056 WP No. 276 of 2025 119. SMT. PREMA, S/O. KORAGAPPA POOJARY, AGED ABOUT 50 YEARS, MEMBER NO.2440. 120. SMT. BABY, S/O.THUNGAPPA POOJARY, AGED ABOUT 55 YEARS, MEMBER NO.2497. 121. SRI. VIJAYA S/O. KADYA MOOLYA, AGED ABOUT 58 YEARS, MEMBER NO. 2503. 122. SRI. HARICHANDRA HEGDE, S/O. SUNDARA HEGDE, AGED ABOUT 40 YEARS, MEMBER NO. 2529. 123. SMT. SUMATHI W/O. KRISHNA SHETTY, AGED ABOUT 60 YEARS, MEMBER NO. 2631. 124. SMT. BHARATHI W/O. DHAYANANDA, AGED ABOUT 42 YEARS, MEMBER NO. 2717. 125. SMT. YAMUNA. W/O. NARAYANA POOJARY, AGED ABOUT 48 YEARS, MEMBER NO. 2804. 126. SMT. VARIJA W/O. GOPALA POOJARY, AGED ABOUT 50 YEARS, MEMBER NO.2897. - 19 - NC: 2025:KHC:2056 WP No. 276 of 2025 127. SRI. YUVARAJA POVANI, S/O. DHARMARAJA KADAMBA, AGED ABOUT 68 YEARS, MEMBER NO.931. 128. SRI. CHIDANANDA S/O. DIKAYA, AGED ABOUT 55 YEARS, MEMBER NO. 1161. 129. SMT. LALITHA W/O. SHEKHARA SHETTY, AGED ABOUT 55 YEARS, MEMBER NO. 1775. 130. SRI. CHANDAPPA @ JARAPPA POOJARY, S/O. KOKRA POOJARY, AGED ABOUT 58 YEARS, MEMBER NO.1828. 131. SRI. NONU MERA S/O. PIJINA MERA, AGED ABOUT 69 YEARS, MEMBER NO. 2343. 132. SMT. RATNA W/O. GANGANA POOJARY, AGED ABOUT 68 YEARS, MEMBER NO. 2582. 133. SMT. VISHALAKSHI W/O. CHIDANANDA POOJARY, AGED ABOUT 50 YEARS, MEMBER NO.2652. 134. SMT. SUSHEELA W/O. RAJU, AGED ABOUT 55 YEARS, MEMBER NO.2750. - 20 - NC: 2025:KHC:2056 WP No. 276 of 2025 135. SRI. SHUBHAKARA S/O. NILAIAH POOJARY, AGED ABOUT 42 YEARS, MEMBER NO.2886. 136. SRI. SUDHAKARA S/O. NEELAIAH POOJARY, AGED ABOUT 45 YEARS, MEMBER NO. 2892. 137. SRI. PRAKASH SHETTY S/O. KRISHNA SHETTY, AGED ABOUT 50 YEARS, MEMBER NO.2955. 138. SRI. KRISHNAPPA KULAL S/O. SANTHU MOOLYA, AGED ABOUT 50 YEARS, MEMBER NO.1384. ALL ARE MEMBERS OF NARAVI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. NARAVI VILLAGE, BELTHANGADY TALUK D.K DISTRICT - 574 109. …PETITIONERS (BY SRI. RAKSHITH 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. - 21 - NC: 2025:KHC:2056 WP No. 276 of 2025 3. NARAVI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, NARAVI VILLAGE, BELTHANGADY TALUK, D.K. DISTRICT - 574 109, REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER NARAVI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., NARAVI VILLAGE, BELTHANGADY TALUK, D.K. DISTRICT - 574 109. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) 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 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 11.01.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 22 - NC: 2025:KHC:2056 WP No. 276 of 2025 ORAL ORDER Learned counsel for the petitioners' files memo, which reads as under: "The undersigned Counsel for the Petitioners most respectfully submits that, the Petitioners do not want to take benefit of the interim order passed by this Hon'ble Court. In view of this reason, they do not wish to pursue the above writ petition. Hence they may kindly be permitted to withdraw the above writ petition in the interest of justice. Further, the Petitioners would mostly humbly pray this Hon'ble Court to direct the 4th Respondent Returning Officer to announce the results of the election held on 11/01/2025 for the 3rd Respondent Society, without considering the votes of ineligible voters who casted their votes by virtue of the order passed by this Hon'ble Court." 2. The memo is taken on record. 3. In view of the memo filed, the writ petition is dismissed as withdrawn directing respondent No.4- Returning Officer to announce the result of the election of respondent No.3-Society, which was held on 11.01.2025 - 23 - NC: 2025:KHC:2056 WP No. 276 of 2025 and the cast votes of the ineligible voters to be not considered. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 35 CT: BHK