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2025 DAILYLAW 13091 (KAR)

ROBERT D'SOUZA v. THE STATE OF KARNATAKA

WP/251/2025 · 2025-01-16

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:1644 WP No. 251 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. 251 OF 2025 (CS-EL/M) BETWEEN: 1. ROBERT D'SOUZA S/O JOSEPH, AGED ABOUT 40 YEARS, MEMBER NO:527. 2. RAFAEL D'SOUZA S/O ANTHONY D'SOUZA AGED ABOUT 56 YEARS MEMBER NO. 609 3. SARASWATHI W/O LOKKAYYA HEGDE, AGED ABOUT 70 YEARS MEMBER NO.626 4. KESHAVA SHERIGAR S/O ANANDA SHERIGAR AGED ABOUT 45 YEARS MEMBER NO. 638 5. SURYA NARAYANA PAI S., S/O GANAPATHI PAI S., AGED ABOUT 65 YEARS, MEMBER NO.816 6. IRIS PAUL D/O LIGHORI PAI S., Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1644 WP No. 251 of 2025 AGED ABOUT 54 YEARS, MEMBER NO. 966 7. VIJAYALAKSHMI W/O SUNDARA HEGDE, AGED ABOUT 50 YEARS, MEMBER NO. 1057 8. PASCAL LOBO S/O BOSTHAM LOBO AGED ABOUT 65 YEARS MEMBER NO. 1064 9. LILY PAIS W/O JOHN D'SOUZA, AGED ABOUT 48 YEARS MEMBER NO. 1185 10. MARCU PAIS W/O ANTONY PAIS AGED ABOUT 64 YEARS MEMBER NO. 1200 11. MONTHU PAIS W/O ANTHONY PAIS AGED ABOUT 72 YEARS MEMBER NO. 1208 12. SUNANDA W/O KRISHNA B DEVADIGA AGED ABOUT 58 YEARS MEMBER NO. 1217 13. LEO LOBO S/O ALEX LOBO - 3 - NC: 2025:KHC:1644 WP No. 251 of 2025 AGED ABOUT 60 YEARS MEMBER NO. 1224 14. ARUNA PAIS W/O PASCAL PAIS AGED ABOUT 45 YEARS MEMBER NO. 1359 15. MAXIM MENEZES W/O PAVASTHIN MENEZES AGED ABOUT 52 YEARS MEMBER NO. 1396 16. THUNGAMMA W/O NARAYANA DAS AGED ABOUT 70 YEARS MEMBER NO. 1450 17. ANNU S/O NAKKURA HARIJANA AGED ABOUT 48 YEARS MEMBER NO. 1454 18. LIDWIN D'SOUZA W/O TIMOTHY D'SOZA AGED ABOUT 43 YEARS MEMBER NO. 1480 19. RUKHIYA W/O USMAN AGED ABOUT 60 YEARS MEMBER NO. 1511 20. VISHALAKSHI W/O VASANTHA HEGDE AGED ABOUT 58 YEARS - 4 - NC: 2025:KHC:1644 WP No. 251 of 2025 MEMBER NO:1511. 21. RONALD FERNANDES S/O SALODARA FERNANDES AGED ABOUT 48 YEARS MEMBER NO. 1546 22. ANANDA SHERIGARA S/O PADMAYA SHERIGARA AGED ABOUT 70 YEARS MEMBER NO. 1560 23. PANIRAJA HEGDE S/O UPENDRA HEGDE AGED ABOUT 42 YEARS MEMBER NO. 1582 24. SAALU S/O GURUVA AGED ABOUT 62 YEARS MEMBER NO. 1623 25. VINCENT RODRIGUES S/O JOSEPH RODRIGUES AGED ABOUT 55 YEARS MEMBER NO. 1659 26. MAHABALA POOJARY S/O JAARU POOJARY AGED MAJOR MEMBER NO. 381 27. SRI. RAVI POOJARY S/O DOMBAIAH POOJARY AGED MAJOR MEMBER NO. 433 - 5 - NC: 2025:KHC:1644 WP No. 251 of 2025 28. SHOBHA W/O NARAYANA SHERIGARA AGED ABOUT 60 YEARS MEMBER NO. 1666 29. RAMESHA SUVARNA S/O KUNJIRA POOJARY AGED ABOUT 52 YEARS MEMBER NO. 1770 30. SHANTHI JULIAN FERNANDES W/O ALPHONSO DANTIS AGED ABOUT 45 YEARS MEMBER NO. 1772 31. ELJIN D'SOUZA S/O PHELIX D'SOUZA AGED ABOUT 68 YEARS MEMBER NO. 1861 32. SUDHAKARA S/O MANGURA AGED ABOUT 45 YEARS MEMBER NO. 2094 33. PADMAYA HEGDE W/O JOGAYYA HEGDE AGED ABOUT 70 YEARS MEMBER NO. 2355 34. ANIL LOBO S/O PASCAL LOBO AGED ABOUT 44 YEARS MEMBER NO. 2434 - 6 - NC: 2025:KHC:1644 WP No. 251 of 2025 35. SEBASTIAN V C S/O CHAKO V. E AGED ABOUT 46 YEARS, MEMBER NO.2443 36. NELSON ROHAN D'SOUZA S/O JOHN D'SOUZA AGED ABOUT 35 YEARS MEMBER NO. 2478 37. VARGHEES .P. S S/O LEO. P.P AGED ABOUT 42 YEARS MEMBER NO. 2486 38. ROOPA S/O SUNDARA HEGDE AGED ABOUT 35 YEARS MEMBER NO. 2512 39. JANET LOBO W/O FREDRIK LOBO AGED ABOUT 38 YEARS MEMBER NO. 2526 40. PRAVEEN ANTHONY S/O LAWRENCE RODRIGUES AGED ABOUT 40 YEARS MEMBER NO. 2619 41. PREMA HEGDE W/O NARAYANA HEGDE AGED ABOUT 68 YEARS MEMBER NO.2742 - 7 - NC: 2025:KHC:1644 WP No. 251 of 2025 42. KISHORE POOJARY S/O SHIVAPPA POOJARY AGED ABOUT 40 YEARS MEMBER NO.2770 43. JANAKI W/O VASU POOJARY AGED ABOUT 70 YEARS MEMBER NO. 2823 44. HARISH SHYAMA HEGDE S/O SHYAMA HEGDE AGED ABOUT 46 YEARS MEMBER NO. 2830 45. JOSEPH P.L. S/O LEO. P AGED ABOUT 52 YEARS MEMBER NO.2861 46. YELSAMMA W/O P.L. JOSEPH AGED ABOUT 70 YEARS MEMBER NO.2865 47. DINESHA S/O MAHABALA POOJARY AGED ABOUT 44 YEARS MEMBER NO. 2953 48. RAMESHA POOJARY S/O MAHABALA POOJARY AGED ABOUT 42 YEARS MEMBER NO. 2956 - 8 - NC: 2025:KHC:1644 WP No. 251 of 2025 49. CHANDRASHEKAR S/O NARAYANA POOJARY AGED ABOUT 38 YEARS MEMBER NO. 1389 50. MARCO D'SILVA S/O INAS D'SILVA AGED ABOUT 65 YEARS MEMBER NO. 11 51. SHOBHA. G. ARIGA W/O GUNAPALA ARIGA AGED ABOUT 58 YEARS MEMBER NO. 288 52. VINAYA W/O. VAJRANABHA JAIN AGED MAJOR, MEMBER NO.736 53. VARIJA W/O. GOPALA POOJARI, AGED MAJOR, MEMBER NO. 1538 54. LEUIS PERIERA, S/O. BELCHER PERIERA, AGED 45 YEARS, MEMBER NO.19 55. LADRU PERIERA, S/O. RUJARI PERIARA, AGED 60 YEARS, MEMBER NO.179 - 9 - NC: 2025:KHC:1644 WP No. 251 of 2025 56. ROSY PERIERA, S/O. FRANCIS PERIERA, AGED 52 YEARS, MEMBER NO. 375 57. ABDUL KADAR, S/O. IDINABBA, AGED 62 YEARS, MEMBER NO.472 58. SUDHA S. KINI W/O. SADANANDA KINI N. AGED 55 YEARS, MEMBER NO.543. 59. SHANTHARAMA KAMATH S/O. MANJUNATH KAMATH AGED 68 YEARS, MEMBER NO.574. 60. ROSY JOSEPH W/O. JOSEPH K.C., AGED 65 YEARS, MEMBER NO. 636. 61. SATHYA. W/O. PURUSHOTHAM, AGED 62 YEARS, MEMBER NO. 748. 62. KITTA MALEKUDIYA S/O. SHIVAPPA MALEKUDIA AGED ABOUT 58 YEARS, MEMBER NO.790. - 10 - NC: 2025:KHC:1644 WP No. 251 of 2025 63. ANGELINE D'SOUZA S/O. RAFEL D'SOUZA, AGED ABOUT 55 YEARS, MEMBER NO. 979. 64. VINCENT JOSEPH S/O. JOSEPH K. V., AGED ABOUT 45 YEARS, MEMBER NO.981. 65. NEMU POOJARI S/O. DOJA POOJARI AGED ABOUT 58 YEARS, MEMBER NO. 1052. 66. CICILIA PERERA, W/O. PERERA, AGED ABOUT 68 YEARS, MEMBER NO. 1060 67. YASHODHA W/O. VASANTHA AGED ABOUT 52 YEARS, MEMBER NO. 1102. 68. HARISHCHANDRA A. HEGDE, S/O. PADMAIAH HEGDE AGED ABOUT 48 YEARS, MEMBER NO. 11215 69. SRI. MADHUKARA PRABHU S/O. SANJEEVA PRABHU AGED ABOUT 42 YEARS, MEMBER NO. 1277 - 11 - NC: 2025:KHC:1644 WP No. 251 of 2025 70. MEENAKSHI W/O. VITTALA POOJARI, AGED ABOUT 65 YEARS, MEMBER NO. 1310. 71. JYOTHI LAKSHMI KAMATH, W/O. SHANTHA RAMA KAMATH, AGED ABOUT 63 YEARS, MEMBER NO.1344. 72. SHYAMA BHAT H. S/O. GANAPATHI BHAT AGED ABOUT 92 YEARS, MEMBER NO. 1367 73. CHANDRASHEKAR S/O. NARAYANA POOJARI, AGED ABOUT 40 YEARS, MEMBER NO. 1389 74. RAJAMATHI W/O. CHANDRARAJA BUNNU, AGED ABOUT 65 YEARS, MEMBER NO. 1402. 75. JYOTHI HEGDE W/O. AJITH HEGDE, AGED ABOUT 40 YEARS, MEMBER NO. 1475. 76. KRISHNAPPA POOJARI, S/O. NEELAIAH POOJARI, AGED ABOUT 68 YEARS, MEMBER NO. 1541. - 12 - NC: 2025:KHC:1644 WP No. 251 of 2025 77. SHISHUPALA JAIN, S/O. NEMIRAJA JAIN, AGED ABOUT 58 YEARS, MEMBER NO. 1550. 78. LEELA W/O. VISHWANATHA ACHARYA AGED ABOUT 52 YEARS, MEMBER NO. 1572 79. JOGALAH MALEKUDIAH, S/O. THIMMA MALEKODIAH AGED ABOUT 78 YEARS, MEMBER NO.1602. 80. VASANTHA W/O. GIRIYAPPA KORAGA, AGED ABOUT 40 YEARS, MEMBER NO. 1656. 81. IRINE PEREIRA W/O. LADRU PEREIRA, AGED ABOUT 52 YEARS, MEMBER NO. 1708. 82. SRIVATSA, S/O. SRIRAMA MARATHE, AGED ABOUT 34 YEARS, MEMBER NO. 1896. 83. SHAKUNTALA W/O. NABHIRAJA JAIN, AGED ABOUT 70 YEARS, MEMBER NO. 2131 - 13 - NC: 2025:KHC:1644 WP No. 251 of 2025 84. GRACY SALDHANA W/O. VICTOR SALDHANA, AGED ABOUT 53 YEARS, MEMBER NO. 2149. 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. 3. NARAVI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. NARAVI VILLAGE, - 14 - NC: 2025:KHC:1644 WP No. 251 of 2025 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. YOGESH D NAIK, 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 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 15 - NC: 2025:KHC:1644 WP No. 251 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 - 16 - NC: 2025:KHC:1644 WP No. 251 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.: 32