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High Court of Karnataka · body

2025 DAILYLAW 13256 (KAR)

RAMESHA S M v. THE STATE OF KARNATAKA

WP/430/2025 · 2025-01-24

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:4184 WP No. 430 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. 430 OF 2025 (CS-EL/M) BETWEEN: 1. RAMESHA S M S/O MUDDU SHETTY AGED ABOUT 42 YEARS MEMBERSHIP NO.2212 2. ANNAPPA S/O BAADU AGED ABOUT 55 YEARS MEMBERSHIP NO.0988 3. MAHABALA S/O PUDIYA AGED ABOUT 50 YEARS MEMBERSHIP NO.0991 4. KUSUMA W/O RAJU AGED ABOUT 50 YEARS MEMBERSHIP NO.0994 5. GOWRI W/O THIMMA AGED ABOUT 61 YEARS MEMBERSHIP NO.0999 6. SHARADHA W/O ANNAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.1004 7. NAAGA S/O PEERA AGED ABOUT 61 YEARS MEMBERSHIP NO.1010 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4184 WP No. 430 of 2025 8. SHANKARA S/O DUGGAYYA AGED ABOUT 50 MEMBERSHIP NO.1018 9. GULABI W/O AITH SHETTY AGED ABOUT 56 YEARS MEMBERSHIP NO.1032 10. CHALLA S/O MOTA AGED ABOUT 40 YEARS MEMBERSHIP NO.1033 11. GIRIJA W/O MOTA AGED ABOUT 60 YEARS MEMBERSHIP NO.1034 12. ANNU S/O ANGU AGED ABOUT 70 YEARS MEMBERSHIP NO.1037 13. SEETHU W/O ANNU AGED ABOUT 65 YEARS MEMBERSHIP NO.1038 14. SUSHEELA W/O ANGARA AGED ABOUT 60 YEARS MEMBERSHIP NO.1040 15. SUNANDA W/O MOHANA AGED ABOUT 61 YEARS MEMBERSHIP NO.1044 16. MOHANA S/O KUKRA AGED ABOUT 64 YEARS MEMBERSHIP NO.1045 - 3 - NC: 2025:KHC:4184 WP No. 430 of 2025 17. GULABI W/O ANNU AGED ABOUT 52 YEARS MEMBERSHIP NO.1049 18. SEENA S/O DEVU AGED ABOUT 69 YEARS MEMBERSHIP NO.1051 19. SADASHIVA S/O DEVU AGED ABOUT 62 YEARS MEMBERSHIP NO.1052 20. GIRIJA W/O PUTTA AGED ABOUT 48 YEARS MEMBERSHIP NO.1077 21. ANNAPPA S/O KADAYYA AGED ABOUT 55 YEARS MEMBERSHIP NO.1079 22. SHARADA W/O ANNAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.1080 23. THAMMAYYA S/O BOLAYYA AGED ABOUT 66 YEARS MEMBERSHIP NO.1083 24. JAYAMMA W/O THAMMAYYA AGED ABOUT 55 YEARS MEMBERSHIP NO.1084 25. ANNAPPA S/O KARADI AGED ABOUT 60 YEARS MEMBERSHIP NO.1087 - 4 - NC: 2025:KHC:4184 WP No. 430 of 2025 26. YASHODHA W/O ANNAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.1088 27. SHESHGIRI S/O SINGAYYA AGED ABOUT 55 YEARS MEMBERSHIP NO.1097 28. RAVIKALA W/O SHESHGIRI AGED ABOUT 45 YEARS MEMBERSHIP NO.1098 29. LINGAYYA S/O SINGAYYA AGED ABOUT 53 YEARS MEMBERSHIP NO.1099 30. HALAMMA W/O RUDRAYYA AGED ABOUT 61 YEARS MEMBERSHIP NO.1101 31. YOGA S/O GUNDA AGED ABOUT 40 YEARS MEMBERSHIP NO.1105 32. ANANDA S/O RAMA AGED ABOUT 42 YEARS MEMBERSHIP NO.1114 33. SUSHEELA W/O ANANDA AGED ABOUT 38 YEARS MEMBERSHIP NO.1115 34. SEETHAMMA W/O DUGGAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO.1149 - 5 - NC: 2025:KHC:4184 WP No. 430 of 2025 PETITION IS DISMISSED AS PER ORDER DATED 24.01.2025 35. BELLAMMA W/O PUTTAYYA AGED ABOUT 72 YEARS MEMBERSHIP NO.1125 36. CHANDRAPPA S/O SOMAYYA AGED ABOUT 64 YEARS MEMBERSHIP NO.1152 37. VEERAPPA S/O THAMMAYYA AGED ABOUT 65 YEARS MEMBERSHIP NO.1154 38. LAKSHMI W/O VEERAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.1155 39. PUTTA S/O SOMA AGED ABOUT 48 YEARS MEMBERSHIP NO.1159 40. GUBBI S/O BABU AGED ABOUT 70 YEARS MEMBERSHIP NO.1160 41. SAVITHA W/O RAMESH AGED ABOUT 46 YEARS MEMBERSHIP NO.1172 42. NAGESH S/O CHODANNA AGED ABOUT 58 YEARS MEMBERSHIP NO.1168 - 6 - NC: 2025:KHC:4184 WP No. 430 of 2025 43. YASHODHA W/O SUBRAMANYA AGED ABOUT 54 YEARS MEMBERSHIP NO.1344 44. VEDAVATHI W/O ANANTH BHAT AGED ABOUT 55 YEARS MEMBERSHIP NO.1351 45. CHANDRAKALA W/O VENKATESH AGED ABOUT 45 YEARS MEMBERSHIP NO.1437 46. YASHODHA W/O RAMA MURTHY AGED ABOUT 48 YEARS MEMBERSHIP NO.1438 47. MANJAPPA GOWDA K G S/O GUNDE GOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO.1477 48. RAGHAVENDRA M S/O MANJUNATHA AGED ABOUT 42 YEARS MEMBERSHIP NO.1524 49. ANANDA SWAMY K P S/O PADMANABHAYYA AGED ABOUT 50 YEARS MEMBERSHIP NO.1610 50. BHOJUKULAL S/O SEENA KULAL AGED ABOUT 44 YEARS MEMBERSHIP NO.1614 51. MAHESH K A S/O ANANDA K R AGED ABOUT 42 YEARS MEMBERSHIP NO.1615 - 7 - NC: 2025:KHC:4184 WP No. 430 of 2025 52. KARUNAKAR SHETTY S/O NARAYAN SHETTY AGED ABOUT 70 YEARS MEMBERSHIP NO.1629 53. PRABHAKAR HEGDE S/O MOHAN HEGDE AGED ABOUT 68 YEARS MEMBERSHIP NO.1633 54. RATHI W/O KARUNAKAR SHETTY AGED ABOUT 66 YEARS MEMBERSHIP NO.1679 55. KALAVATHI W/O KALASAPPA GOWDA AGED ABOUT 64 YEARS MEMBERSHIP NO.1641 56. SUMANGALA W/O ANANTHA SWAMY AGED ABOUT 48 YEARS MEMBERSHIP NO.1649 57. BABANNA S/O MANJUNATHA AGED ABOUT 62 YEARS MEMBERSHIP NO.1675 58. GANESH N S/O NAGAPPA HEGDE AGED ABOUT 54 YEARS MEMBERSHIP NO.1677 59. NAGARAJA S S/O SHIVARAM AGED ABOUT 28 YEARS MEMBERSHIP NO.1722 60. RAJU S/O KUTTI AGED ABOUT 64 YEARS MEMBERSHIP NO.1757 - 8 - NC: 2025:KHC:4184 WP No. 430 of 2025 61. GOPALA S/O KADAPPA AGED ABOUT 68 YEARS MEMBERSHIP NO.1767 62. LEELAVATHI S HEGDE S/O SHANKAR HEGDE AGED ABOUT 65 YEARS MEMBERSHIP NO.1771 63. ANANDA S/O BABU AGED ABOUT 38 YEARS MEMBERSHIP NO.1772 64. PREM KUMAR S/O THIMMAPPA ACHARI AGED ABOUT 42 YEARS MEMBERSHIP NO.1793 65. DEVARAJ S/O SADHIYANNA AGED ABOUT 58 YEARS MEMBERSHIP NO.1795 66. RAME GOWDA N G S/O GUNDE GOWDA AGED ABOUT 74 YEARS MEMBERSHIP NO.1831 67. SUSHEELA W/O RAMANNA AGED ABOUT 65 YEARS MEMBERSHIP NO.1837 68. DEVI W/O GUNDA AGED ABOUT 71 YEARS MEMBERSHIP NO.1838 69. YASHODHA W/O SHREEDHAR POOJARI AGED ABOUT 46 YEARS MEMBERSHIP NO.1839 - 9 - NC: 2025:KHC:4184 WP No. 430 of 2025 70. SHARADHA W/O RAGHAVENDRA AGED ABOUT 60 YEARS MEMBERSHIP NO.1840 71. PRAKASHA S/O PAPAYYA GOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.1856 72. KIRAN KUMAR S/O REVINI AGED ABOUT 32 YEARS MEMBERSHIP NO.1861 73. KRISHNA S S/O DANKAPPA SHETTY AGED ABOUT 42 YEARS MEMBERSHIP NO.1864 74. RAGHAVENDRA S S/O SANJEEVA AGED ABOUT 36 YEARS MEMBERSHIP NO.1871 75. LAKSHMANA VV S/O VEERAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.1895 76. GIRIJA LAKSHMI W/O SHIVSHANKAR AGED ABOUT 48 YEARS MEMBERSHIP NO.1909 77. PARVATHAMMA W/O NARAYAN NAIK AGED ABOUT 72 YEARS MEMBERSHIP NO.1945 78. LAKSHMANA S/O KRISHNA SHETTY AGED ABOUT 48 YEARS MEMBERSHIP NO.1947 - 10 - NC: 2025:KHC:4184 WP No. 430 of 2025 79. SHAKUNTHALA D/O NARAYANA AGED ABOUT 46 YEARS MEMBERSHIP NO.1961 80. KUMARA H S/O HONNAYYA AGED ABOUT 48 YEARS MEMBERSHIP NO.1963 81. JANARDAN ACHAR S/O KORAGA ACHAR AGED ABOUT 71 YEARS MEMBERSHIP NO.1965 82. GIRIDHARA S/O NARAYANA AGED ABOUT 46 YEARS MEMBERSHIP NO.1966 83. SHANKARA P S S/O SINGA AGED ABOUT 43 YEARS MEMBERSHIP NO.2967 84. KUSHALA W/O SHESHAPPA ACHAR AGED ABOUT 49 YEARS MEMBERSHIP NO.1974 85. UMESH H T S/O THIMMAPPA AGED ABOUT 43 YEARS MEMBERSHIP NO.1986 86. MANU KANCHAN S/O MANJUNATHA AGED ABOUT 36 YEARS MEMBERSHIP NO.1997 87. ANANDA H K S/O KANTHE GOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.2011 - 11 - NC: 2025:KHC:4184 WP No. 430 of 2025 88. GAYATHREE B.L W/O KRISHNAPPA GOWDA B V AGED ABOUT 62 YEARS MEMBERSHIP NO.2014 89. SUBBANA M.L. S/O LAKSHMINARAYANA AGED ABOUT 52 YEARS MEMBERSHIP NO.2018 90. RAMANNA H S S/O SHESH BANDARI AGED ABOUT 76 YEARS MEMBERSHIP NO.2067 91. KUMARA S/O MANJULA AGED ABOUT 32 YEARS MEMBERSHIP NO.2090 92. KIRAN KUMAR M S S/O SHESHGIRI BHAT AGED ABOUT 30 YEARS MEMBERSHIP NO.2093 93. NAVEEN KUMAR S/O UDAY KUMAR AGED ABOUT 28 YEARS MEMBERSHIP NO.2113 94. RAJESH M.S S/O NARASIMHA MURTHY AGED ABOUT 50 YEARS MEMBERSHIP NO.2115 95. SHIVANNA S S/O SOMAYYA AGED ABOUT 53 YEARS MEMBERSHIP NO.2119 96. KOUSAR W/O ALTHAP AHEMAD AGED ABOUT 52 YEARS MEMBERSHIP NO.2123 - 12 - NC: 2025:KHC:4184 WP No. 430 of 2025 97. KISHOR KUMAR S/O SHESHGIRI BHAT AGED ABOUT 31 YEARS MEMBERSHIP NO.2128 98. SUSHEELA W/O DODDAYYA AGED ABOUT 38 YEARS MEMBERSHIP NO.2138 99. SHARADHA S/O SREENIVA S.R AGED ABOUT 39 YEARS MEMBERSHIP NO.2141 100. RAJEEVI W/O SHIVANNA AGED ABOUT 71 YEARS MEMBERSHIP NO.2112 101. UDAY KUMAR S/O BASAVARAJ AGED ABOUT 54 YEARS MEMBERSHIP NO.2177 102. NAGARAJ T S/O THIMMAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.2189 103. PREMA N GEGDE S/O PRAVEEN SHETTY AGED ABOUT 42 YEARS MEMBERSHIP NO.2203 104. SHASHIKALA W/O SINGAPPA M V AGED ABOUT 52 YEARS MEMBERSHIP NO.2227 105. MANJUNATH M K S/O KUTTI AMMEN AGED ABOUT 60 YEARS MEMBERSHIP NO.2246 - 13 - NC: 2025:KHC:4184 WP No. 430 of 2025 106. RAJU M.K. S/O KRISHNA AGED ABOUT 48 YEARS MEMBERSHIP NO.2299 107. SUNITHA M PRABHU W/O MOHAN PRABHU AGED ABOUT 36 YEARS MEMBERSHIP NO.2302 108. ANNAPURNA D/O SHIVAYYA AGED ABOUT 40 YEARS MEMBERSHIP NO.2317 109. SHAILAJA W/O LAKSHMANA AGED ABOUT 41 YEARS MEMBERSHIP NO.2318 110. SHIVARAM S/O ANNAPPA AGED ABOUT 68 YEARS MEMBERSHIP NO.2325 PETITION IS DISMISSED AS PER ORDER DATED 24.01.2025 111. RAJU S/O SHIVANNA AGED ABOUT 35 YEARS MEMBERSHIP NO.2345 112. BHARATHI R W/O RAJU AGED ABOUT 30 YEARS MEMBERSHIP NO.2346 113. SAVITHA K P W/O CHANDRAN AGED ABOUT 52 YEARS MEMBERSHIP NO.2347 114. VAMAN MURTHY S G S/O GANESHAYYA - 14 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 68 YEARS MEMBERSHIP NO.2362 115. FARAJHAN W/O SHOKATH AGED ABOUT 30 YEARS MEMBERSHIP NO.2371 116. SHASHIKALA W/O HAREESH BHAT AGED ABOUT 46 YEARS MEMBERSHIP NO.2385 117. NAGESH U NAIK S/O UPENDRA NAIK AGED ABOUT 48 YEARS MEMBERSHIP NO.2386 118. SHOBHA SURESH W/O SURESH H AGED ABOUT 45 YEARS MEMBERSHIP NO.2391 119. RAVI S/O NAGAPPA AGED ABOUT 42 YEARS MEMBERSHIP NO.2408 120. NAGARAJ S/O RAMANNA AGED ABOUT 40 YEARS MEMBERSHIP NO.2411 121. VASUDEV S/O HIRIYANNA AGED ABOUT 31 YEARS MEMBERSHIP NO.2414 122. RAGHU U S/O MANJUNATH AGED ABOUT 35 YEARS MEMBERSHIP NO.2415 123. NEELAYYA ACHAR S/O NARAYANA ACHAR - 15 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 46 YEARS MEMBERSHIP NO.2419 124. SHANAKARA S/O KRISHNAIAH AGED ABOUT 40 YEARS MEMBERSHIP NO.2422 125. KRISHNAPPA S/O MOTA AGED ABOUT 52 YEARS MEMBERSHIP NO.2431 126. RAVINDRA S/O VEERAPPA GOWDA AGED ABOUT 47 YEARS MEMBERSHIP NO.2432 127. SHESH MOULYA S/O MOULYA AGED ABOUT 46 YEARS MEMBERSHIP NO.2433 128. ANANDA S/O RAMANNA AGED ABOUT 54 YEARS MEMBERSHIP NO.2435 129. VAASU ACHAR S/O SEENU ACHAR AGED ABOUT 65 YEARS MEMBERSHIP NO.2436 130. GANESH SHETTY S/O SEETHARAM SHETTY AGED ABOUT 48 YEARS MEMBERSHIP NO.2437 131. PRASHANTH S/O SEETHARAM SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO.2442 132. UMESH M.G S/O JINNAPPA POJARI - 16 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 38 YEARS MEMBERSHIP NO.2445 133. JAGANNATH S/O KUPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2446 134. RAVEENDRA S/O MONAPPA SHETTY AGED ABOUT 55 YEARS MEMBERSHIP NO.2447 135. RAJ POOJARI S S/O LOK POOJARI AGED ABOUT 52 YEARS MEMBERSHIP NO.2450 136. CHANDRASHEKHAR ACHAR S/O APPU ACHAR AGED ABOUT 39 YEARS MEMBERSHIP NO.2455 137. VISHWANATH M S S/O SHAMRAYAHAR AGED ABOUT 38 YEARS MEMBERSHIP NO.2456 138. RAVEENDRA K B S/O BASAVA MARKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.2458 139. MANJUNATHA D D S/O DUGAPPA GOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO.2459 140. UMESHA H R S/O RAJ MOULYA AGED ABOUT 47 YEARS MEMBERSHIP NO.2460 141. DEVENDRA S/O DHARMAYYA - 17 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 65 YEARS MEMBERSHIP NO.2461 142. SREENIVASA S/O NARAYANA AGED ABOUT 62 YEARS MEMBERSHIP NO.2462 143. CHANDRASHEKHAR S/O SUNDAR AGED ABOUT 46 YEARS MEMBERSHIP NO.2471 144. PRABHAKARA M G S/O JANARDAN ACHAR AGED ABOUT 41 YEARS MEMBERSHIP NO.2475 145. VASU POOJAR S/O KADAYYA POOJAR AGED ABOUT 68 YEARS MEMBERSHIP NO.2479 146. MANJUNATHA S/O SADIYANNA AGED ABOUT 65 YEARS MEMBERSHIP NO.2481 147. KRISHNAMURTHY S/O MARIYAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.2484 148. RAGHUNANDANA S S/O SANJEEVA B G AGED ABOUT 38 YEARS MEMBERSHIP NO.2485 149. RAVEENDRA U G S/O JOGAPPA ACHAR AGED ABOUT 48 YEARS MEMBERSHIP NO.2493 150. SANTHOSH S/O APPU - 18 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 55 YEARS MEMBERSHIP NO.2500 151. KARUNAKARA S/O KANNAN NAIR AGED ABOUT 70 YEARS MEMBERSHIP NO.2501 152. PRASHANTH P S/O PADDU K AGED ABOUT 46 YEARS MEMBERSHIP NO.2502 153. NAVEEN S/O NARAYANA AGED ABOUT 32 YEARS MEMBERSHIP NO.2504 154. KARUNAKARA S/O MANJUNATH AGED ABOUT 56 YEARS MEMBERSHIP NO.2506 155. SHEKHAR K S S/O SUBBAYA SHETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.2507 156. JAYARAM S/O BABANNA AGED ABOUT 65 YEARS MEMBERSHIP NO.2509 157. SADASHIVA S R S/O RAMANNA AGED ABOUT 48 YEARS MEMBERSHIP NO.2513 158. PRABHAKARA S H S/O HANUMANTHAPPA AGED ABOUT 40 YEARS MEMBERSHIP NO.2516 159. PRASHANTHA S H S/O HANUMANTHAPPA - 19 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 36 YEARS MEMBERSHIP NO.2518 160. GAYATHRI W/O GOPAL AGED ABOUT 52 YEARS MEMBERSHIP NO.2524 161. SUMAN K G S/O GOPAL AGED ABOUT 42 YEARS MEMBERSHIP NO.2525 162. SAROJA W/O KUMARA AGED ABOUT 44 YEARS MEMBERSHIP NO.2529 163. LEELAVATHI W/O JAYARAM AGED ABOUT 38 YEARS MEMBERSHIP NO.2533 164. ASHA K V W/O VITTALA AGED ABOUT 36 YEARS MEMBERSHIP NO.2537 165. LALITHA W/O GANESH SHETTY AGED ABOUT 58 YEARS MEMBERSHIP NO.2538 166. SAVITHA W/O PRAKASH AGED ABOUT 40 YEARS MEMBERSHIP NO.2540 167. GULABI W/O SHIVAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2545 168. INDIRA W/O MANJUNATH - 20 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 48 YEARS MEMBERSHIP NO.2549 169. SUNITHA W/O RAVI AGED ABOUT 45 YEARS MEMBERSHIP NO.2550 170. SUSHEELA W/O RAVI AGED ABOUT 36 YEARS MEMBERSHIP NO.2551 171. JYOTHI W/O SHAM SHEKHAR AGED ABOUT 41 YEARS MEMBERSHIP NO.2553 172. SHARADHA W/O RAJU AGED ABOUT 39 YEARS MEMBERSHIP NO.2554 173. VEDHAVATHI W/O PRABHAKAR HEGDE AGED ABOUT 48 YEARS MEMBERSHIP NO.2555 174. SUMA W/O MANJUNATHA AGED ABOUT 41 YEARS MEMBERSHIP NO.2557 175. SHASHIKALA W/O ANANDA AGED ABOUT 48 YEARS MEMBERSHIP NO.2558 176. RAJINI H R W/O PREMKUMAR H T AGED ABOUT 32 YEARS MEMBERSHIP NO.2561 177. KALYANI W/O SUNADAR POOJARI - 21 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 68 MEMBERSHIP NO.2565 178. SUKANYA W/O RAJU SHETTY AGED ABOUT 48 YEARS MEMBERSHIP NO.2566 179. PUSHPA W/O MAHABALA AGED ABOUT 42 YEARS MEMBERSHIP NO.2571 180. BHAGYA W/O SUBBANNA AGED ABOUT 43 YEARS MEMBERSHIP NO.2573 181. JANAKI W/O GANESH AGED ABOUT 45 YEARS MEMBERSHIP NO.2579 182. LEELAVATHI W/O SADASHIVA AGED ABOUT 45 YEARS MEMBERSHIP NO.2581 183. RENUKA W/O RAMANNA AGED ABOUT 40 YEARS MEMBERSHIP NO.2582 184. PUSHPA W/O VISHWANATH ACHAR AGED ABOUT 46 YEARS MEMBERSHIP NO.2583 185. PREMA W/O RAGAVENDRA AGED ABOUT 38 YEARS MEMBERSHIP NO.2584 186. GEETHA W/O BABU - 22 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 45 MEMBERSHIP NO.2585 187. VASANTHI W/O VITTAL ACHAR AGED ABOUT 48 YEARS MEMBERSHIP NO.2586 188. SHANTHAMMA W/O SANJEEVA AGED ABOUT 47 YEARS MEMBERSHIP NO.2587 189. SAVITHA W/O MANJUNATH AGED ABOUT 38 YEARS MEMBERSHIP NO.2588 190. SUMITHRA W/O ANNAPPA AGED ABOUT 39 YEARS MEMBERSHIP NO.2590 191. MANJULA W/O MURGESH AGED ABOUT 38 YEARS MEMBERSHIP NO.2595 192. VINANTHI W/O UDAYA B K AGED ABOUT 43 YEARS MEMBERSHIP NO.2596 193. MANJUNATH S/O KRISHNAYYA AGED ABOUT 60 YEARS MEMBERSHIP NO.2599 194. SHREENIVASA S/O GIDDAYYA AGED ABOUT 48 YEARS MEMBERSHIP NO.2640 195. SREENIVAS RAO S/O PATER VENKAPPAYYA - 23 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 65 YEARS MEMBERSHIP NO.2645 196. SUSHEELA W/O RAVI AGED ABOUT 55 YEARS MEMBERSHIP NO.2650 197. NAVEEN M S/O MAHABALA AGED ABOUT 40 YEARS MEMBERSHIP NO.2657 198. UMESHA K T S/O THIMMAYYA AGED ABOUT 44 YEARS MEMBERSHIP NO.2659 199. RAVINDRA K T S/O THAMMAYYA AGED ABOUT 39 YEARS MEMBERSHIP NO.2660 200. GURUMURTHY S/O MANJAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.2675 201. VEERAPPA S/O THUNGAYYA AGED ABOUT 75 YEARS MEMBERSHIP NO.2676 202. SHIVARAM S S/O SIDDAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2685 203. KIRAN V S/O VISHNU KULAL AGED ABOUT 32 YEARS MEMBERSHIP NO.2711 204. VISHNU KUMAR G S/O VENKATESHWAR BHAT G - 24 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 65 YEARS MEMBERSHIP NO.2749 205. USHA W/O SUBRAY BARVA AGED ABOUT 50 YEARS MEMBERSHIP NO.2751 206. CHANDRIKA W/O AJITH SHETTY AGED ABOUT 48 YEARS MEMBERSHIP NO.2753 207. SUMALATHA SHETTY W/O PRAVEEN SHETTY AGED ABOUT 35 YEARS MEMBERSHIP NO.2749 208. NIRMALA W/O SHANKAR S AGED ABOUT 37 YEARS MEMBERSHIP NO.2760 209. RAGHAVENDRA B SHETTY S/O BHOJ SHETTY AGED ABOUT 40 YEARS MEMBERSHIP NO.2763 210. SURESHA H S S/O SEEN KULAL AGED ABOUT 35 YEARS MEMBERSHIP NO.2764 211. GEETHA U T W/O MANJUNATH AGED ABOUT 36 YEARS MEMBERSHIP NO.2765 212. SHOBHA W/O GANESH HEGDE AGED ABOUT 38 YEARS MEMBERSHIP NO.2769 213. SUNANDA W/O SREENIVAS - 25 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 52 YEARS MEMBERSHIP NO.2771 214. SHARADHA S W/O SREENIVASA AGED ABOUT 35 YEARS MEMBERSHIP NO.2803 215. SHREENIVAS S/O JANNA AGED ABOUT 40 YEARS MEMBERSHIP NO.2804 216. SEETHU W/O MANJU AGED ABOUT 56 YEARS MEMBERSHIP NO.2810 217. GANESH K M S/O MARAYYA AGED ABOUT 41 YEARS MEMBERSHIP NO.2811 218. SURESH S/O RAMANNA AGED ABOUT 40 YEARS MEMBERSHIP NO.2814 219. ASHA S/O GANESH K M AGED ABOUT 32 YEARS MEMBERSHIP NO.2821 220. ARAVINDA S S/O SHEHSHADRI C N AGED ABOUT 33 YEARS MEMBERSHIP NO.2923 221. SHESHADRI C N S/O NAGABHUSHAN RAO AGED ABOUT 54 YEARS MEMBERSHIP NO.2924 222. SUBRAMANYA T S/O THIMMAPPA - 26 - NC: 2025:KHC:4184 WP No. 430 of 2025 AGED ABOUT 65 YEARS MEMBERSHIP NO.2937 223. VIDYA A N W/O UDAY KUMAR AGED ABOUT 32 YEARS MEMBERSHIP NO.2945 224. PREMA H G W/O SHREENIVAS K AGED ABOUT 55 YEARS MEMBERSHIP NO.2949 225. ASHOKA M S/O MURUGESH AGED ABOUT 32 YEARS MEMBERSHIP NO.3025 226. MANJUNATH A S/O ANNU AGED ABOUT 39 YEARS MEMBERSHIP NO.3094 ALL ARE MEMBERS OF HALANDUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MENASE, SRINGERI TALUK CHIKAMAGALURU DISTRICT -577139. …PETITIONERS (BY SRI. VIGNESWAR S. SHASTRI, SENIOR COUNSEL FOR SRI. A.S. GIRISH., ADVOCATE) 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. - 27 - NC: 2025:KHC:4184 WP No. 430 of 2025 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, (SOCIETY 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, SRINGERI TALUK, CHIKKAMAGALUR DISTRICT-577139. IMPLEADED VIDE ORDER DATED 24.01.2025 CT NOT AMENDED BY ADVOCATE SEPARATE IA NOT FILED, CONNECTED IA FILED. …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, ADVOCAT FOR 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 - 28 - NC: 2025:KHC:4184 WP No. 430 of 2025 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. 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- - 29 - NC: 2025:KHC:4184 WP No. 430 of 2025 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; (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- - 30 - NC: 2025:KHC:4184 WP No. 430 of 2025 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 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 - 31 - NC: 2025:KHC:4184 WP No. 430 of 2025 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. (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 - 32 - NC: 2025:KHC:4184 WP No. 430 of 2025 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 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 - 33 - NC: 2025:KHC:4184 WP No. 430 of 2025 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, 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 - 34 - NC: 2025:KHC:4184 WP No. 430 of 2025 (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; (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; - 35 - NC: 2025:KHC:4184 WP No. 430 of 2025 (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. 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 1 ILR 2024 KAR 1901 - 36 - NC: 2025:KHC:4184 WP No. 430 of 2025 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? (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: - 37 - NC: 2025:KHC:4184 WP No. 430 of 2025 (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 (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: - 38 - NC: 2025:KHC:4184 WP No. 430 of 2025 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 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: - 39 - NC: 2025:KHC:4184 WP No. 430 of 2025 “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 (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. - 40 - NC: 2025:KHC:4184 WP No. 430 of 2025 (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, 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 - 41 - NC: 2025:KHC:4184 WP No. 430 of 2025 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 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 - 42 - NC: 2025:KHC:4184 WP No. 430 of 2025 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 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 - 43 - NC: 2025:KHC:4184 WP No. 430 of 2025 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. 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.: 2 Sl No.: 8