Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.848 OF 2025 (CS-EL/M) C/W WRIT PETITION NO.1514 OF 2025 (CS-EL/M)
IN WP No. 848/2025
BETWEEN:
1. SRI. S. MALLIAH S/O LATE G M SIDDAPPA AGED ABOUT 56 YEARS MEMBER ID NO. 930,
2. SRI. HARSHA H. D.
S/O. H. T. DEVENDRA, AGED ABOUT 34 YEARS MEMBER ID NO 435
3. SRI. B. MURTHY S/O. BELERANGAPPA AGED ABOUT 67 YEARS MEMBER ID NO 168
4. SRI. VENUGOPALAIAH G V S/O. G. N. VENKATARAMAIAH, AGED ABOUT 75 YEARS, MEMBER ID NO 544
5. SMT. LALEETHAMMA W/O. VENUGOPALA, AGED ABOUT 60 YEARS, MEMBER ID NO 473
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
6. SRI. M S. SATHEESH KUMAR S/O. M. N. SHADAKSHRAIHA, AGED ABOUT 55 YEARS, MEMBER ID NO 598
7. SRI.MURALI.D.A S/O.LATE DODDAMALLAPPA, AGED ABOUT 48 YEARS, MEMBER ID NO 748
8. SRI. P. NATARAJU S/O. PUSHKARA, AGED ABOUT 38 YEARS, MEMBER ID NO 1038
9. SRI. K. SHIVALINGAMMA D/O. LATE KENCHAVEERAIAH, AGED ABOUT 52 YEARS, MEMBER ID NO 1068
10. SRI. M. PRAKASH S/O. LATE MAHADEVAIAH, AGED ABOUT 45 YEARS, MEMBER ID NO 1064
11. SMT. SUSHILAMMA D/O. LATE KENCHAVEERAIAH, AGED ABOUT 59 YEARS, MEMBER ID NO 1019
12. SRI. RANGAPPA S/O. LATE KEMPAIAH, AGED ABOUT 77 YEARS, MEMBER ID NO 865
13. SMT.VIJAYAKUMARI. H W/O. SIDDARAJU, AGED ABOUT 53 YEARS, MEMBER ID NO 1084
14. SMT.CHANDRAKALA. V W/O. MURALI D. A,
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AGED ABOUT 42 YEARS, MEMBER ID NO 1092
15. SRI. SIDDAGANGAPPA S /O. LATE HONNAGANGAPPA, AGED ABOUT 76 YEARS, MEMBER ID NO 984
16. SRI. RUDRAPPA S/O. LATE GANGAPPA, AGED ABOUT 67 YEARS, MEMBER ID NO 916
17. SMT. S. SUSHEELA W/O.VEDHAMURTHY, AGED ABOUT 45 YEARS, MEMBER ID NO 1177
18. SMT. KAMALAMMA D/O. SIDDAPPA, AGED ABOUT 81 YEARS, MEMBER ID NO 1114
19. SRI. P. REVANNASIDDAPPA S/O. LATE PUTTAREVANNA, AGED ABOUT 83 YEARS, MEMBER ID NO 769
20. SMT. SIDDALINGAMMA D/O. LATE BASAPPA, AGED ABOUT 75 YEARS, MEMBER ID NO 1086
21. SRI.
VEERAPPA S/O. LATE CHIKKA ADAVIYAPPA, AGED ABOUT 68 YEARS, MEMBER ID NO 958
22. SMT. SHARADAMMA D/O. LATE MADHURAYYA, AGED ABOUT 60 YEARS, MEMBER ID NO 811
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
23. SRI. H. T. PRAKASH S/O. LATE R. THIMMEGOWDA, AGED ABOUT 48 YEARS, MEMBER ID NO 725
24. SMT. H. V. RATHNAMMA D/O. VENKATARAMANAPPA, AGED ABOUT 63 YEARS, MEMBER ID NO 812
25. SRI.V. RAMCHANDRA S/O. LATE VENKATACHALAYA, AGED ABOUT 42 YEARS, MEMBER ID NO 1076
26. SRI. H. PRAKASH S/O. LATE HANUMANTHAPPA, AGED ABOUT 60 YEARS, MEMBER ID NO 1014
27. SRI. B. SURESH S/O. LATE K. BEERALINGAYA, AGED ABOUT 48 YEARS, MEMBER ID NO 978
28. SRI. G. DASHARATH S/O. LATE S. MARKANDAYA, AGED ABOUT 55 YEARS, MEMBER ID NO 658
29. SRI. H. K. RAMESH S/O. KEMPAHANUMAYA, AGED ABOUT 48 YEARS, MEMBER ID NO 715
30. SRI. M. G. CHANDRASHEKARAIAH S/O. GURUBASAIAAH AGED ABOUT 70 YEARS, MEMBER ID NO 316
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
31. SRI. M. S. BANU PRAKASH S/O.C. SOMASHEKAR, AGED ABOUT 43 YEARS, MEMBER ID NO 1045
32. SRI. S. VIJAYSHANKAR S/O. A. SHIVANNA, AGED ABOUT 75 YEARS, MEMBER ID NO 1069
33. SRI. B. JAYDEVAIAH S/O. BASAPPA, AGED ABOUT 70 YEARS MEMBER ID NO 557
34. SRI. B. MUNRAME GOWDA S/O. LATE H. B. BYREGOWDA, AGED ABOUT 62 YEARS, MEMBER ID NO 12
35. SRI. KALAPPA S/O. LATE BYRANNA, AGED ABOUT 78 YEARS, MEMBER ID NO 805
36. SRI. G. SAMPATH KUMAR S/O. GOVINDRAJU, AGED ABOUT 42 YEARS, MEMBER ID NO 74
37. SRI. RAMANJINEYA S/O. LATE HANUMANTAIAH, AGED ABOUT 62 YEARS, MEMBER ID NO 687
38. SRI. NARAYANAPPA S/O. LATE KARAGAYYA, AGED ABOUT 57 YEARS, MEMBER ID NO 884
39. SRI.
SIDDPPA S/O. NARAYANAPPA,
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AGED ABOUT 53 YEARS, MEMBER ID NO 708
40. SRI. R. SHIVAKUMAR S/O. RAMIAH, AGED ABOUT 51 YEARS, MEMBER ID NO 686
41. SMT. SUNANDA W/O. PALANETRA, AGED ABOUT 55 YEARS MEMBER ID NO 1126
42. SRI. PALANETRA S/O. YENJAPPA, AGED ABOUT 59 YEARS, MEMBER ID NO 628
43. SRI. SIDGANGAPPA S/O. LATE SIDRAMAIAH AGED ABOUT 80 YEARS, MEMBER ID NO 341
44. SRI. H. MARIYALAGAIAH S/O. LATE HANUMAIAAH, AGED ABOUT 80 YEARS MEMBER ID NO 283
45. SRI. S. ANANDAPPA S/O. SIDRAMAIAH, AGED ABOUT 73 YEARS MEMBER ID NO 615
46. SRI. SIDALINGAPPA S/O. CHIKGURSIDAIIAH, AGED ABOUT 80 YEARS MEMBER ID NO 378
47. SRI. S. HEMANTH KUMAR S/O. M. S. SHIVPRAKASH AGED ABOUT 30 YEARS, MEMBER ID NO 990
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48. SRI. C. RAJANNA S/O. CHIKGURSIDAIAH AGED ABOUT 70 YEARS MEMBER ID NO 712
49. SRI. SHIVAPRAKASH S/O.LATE MALAPPA, AGED ABOUT 56 YEARS, MEMBER ID NO 923
50. SRI. S. BASAVALINGAYYA S/O. SIDLINGAPPA AGED ABOUT 58 YEARS, MEMBER ID NO 991
51. SRI. M. S. CHANDRAMOHAN S/O. SADASHIVAIAH AGED ABOUT 67 YEARS, MEMBER ID NO 375
52. SMT. PARTAMMA W/O BASVARAJU AGED ABOUT 68 YEARS MEMBER ID NO 678
53. SRI. N. KIDIYAPPA S/O. LATE NANJUNDAPA AGED ABOUT 78 YEARS MEMBER ID NO 239
54. SMT. SEETHAMMA W/O. NAGRAJU AGED ABOUT 65 YEARS MEMBER ID NO 937
55. SRI. NANJUNDAPPA S/O. CHIKKAMUNIYAPPA AGED ABOUT 64 YEARS, MEMBER ID NO 179
56. SRI. S. RAJANNA S/O. SIDDAPPA
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AGED ABOUT 70 YEARS, MEMBER ID NO 427
57. SRI. V. MUNIYAPPA S/O. VENKATASHAMAYYA AGED ABOUT 64 YEARS, MEMBER ID NO 133
58. SMT. RATHAMMA S/O. KRISHNAMURTHY AGED ABOUT 41 YEARS, MEMBER ID NO 821
59.
SRI. R. BASAVARAJAPPA S/O. LATE RUDRAPPA, AGED ABOUT 65 YEARS, MEMBER ID NO 635
60. SRI. YELLAPPA S/O. MARIYALLAGAYA, AGED ABOUT 52 YEARS, MEMBER ID NO 729
61. SMT. SIDDAGANGAMMA D/O. LATE GUNDAPPA, AGED ABOUT 67 YEARS, MEMBER ID NO 744
62. SRI. BYLANJINAPPA S/O. LATE GANGAYYA, AGED ABOUT 75 YEARS, MEMBER ID NO 400
63. SRI. BYRE GOWDA S/O. LATE BYRAPPA, AGED ABOUT 75 YEARS, MEMBER ID NO 280
64. SRI. PANCHAKSHARIAH S/O. MARISIDAIAAH AGED ABOUT 72 YEARS, MEMBER ID NO 562
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65. SRI. V. GANGANARAJU S/O. VENKATAPPA AGED ABOUT 60 YEARS, MEMBER ID NO 590
66. SMT. MANJULA W/O. V. VENKATESH, AGED ABOUT 35 YEARS, MEMBER ID NO 909
67. SRI. G. S. ANNAIAH SHETTY S/O. SIDDALINGAIAH, AGED ABOUT 72 YEARS, MEMBER ID NO 173
68. SMT. VISHALASHKAMMA W/O. G. C. HANUMANTHA RAO, AGED ABOUT 65 YEARS, MEMBER ID NO 474
69. SRI. SHIVANAND S/O. LATE GURU SIDDAPPA, AGED ABOUT 61 YEARS, MEMBER ID NO 1001
70. SRI. NARASAPPA S/O. SHIVANNA, AGED ABOUT 59 YEARS, MEMBER ID NO 856
71. SRI. NANJUNADAPPA S/O. VENKETRAMAMAPA @ PAPPAYA, AGED ABOUT 80 YEARS, MEMBER ID NO 429
72. SRI. GANGARAJU S/O. SIDAPPA, AGED ABOUT 63 YEARS, MEMBER ID NO 741
73. SRI. G. VARDHARAJU S/O. S. V. GOPALAYYA,
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AGED ABOUT 80 YEARS, MEMBER ID NO 685
74. SRI. M. GOVINDARAJU S/O. LATE MARAPPA AGED ABOUT 59 YEARS, MEMBER ID NO 690
75. SRI. H. G. CHANDRASHEKAR S/O. HANUMANTHARAO AGED ABOUT 58 YEARS, MEMBER ID NO 88
76. SRI. KRISHNAMURTHY S/O. LATE POOJAYYA, AGED ABOUT 55 YEARS, MEMBER ID NO. 734
ALL THE PETITIONERS ARE MEMBER OF THE GOLLAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD, O/AT: GOLLAHALLI KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL, BENGALURU-562 123. …PETITIONERS
(BY SRI. AMAR CORREA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S. BUILDING, DR AMBEDKAR VEEDHI BENGALURU - 560 001. REP BY PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, SHANTHI NAGAR, BANGALORE - 560 027. REP. BY SECRETARY
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT ELECTION OFFICER, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT BENGALURU - 562 110. 4. RETURNING OFFICER APPOINTED FOR GOLLAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO OPERATIVE SOCIETY LTD., GOLLAHALLI KASABA HOBLI NELAMANGALA TALUK, BENGALURU RURAL BENGALURU - 562 123. 5. GOLLAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD GOLLAHALLI KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL, BENGALURU - 562 123. REP BY CHIEF EXECUTIVE OFFICER. R4 AND R5 ARE REG. UNDER THE CO-OPERATIVE SOCIETY ACT, 1960. …RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. B.R. PRASANNA, ADVOCATE R5;
SRI. CHETAN JADHAV, ADVOCATE FOR IMPLEADING APPLICANT ON I.A.1/2025)
THIS W.P. IS FILED UNDEER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST AND CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.01.2025 VIDE ANNEXURE-A AND ETC. - 12 -
NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
IN WP NO. 1514/2025
BETWEEN:
1. SRI H LOKESH S/O. LATE HONNAGANGAIAH AGED ABOUT 48 YEARS, MEMBER ID NO. 934
2. SRI. SIDDAPPA S/O. LATE. NARASAYYA, AGED ABOUT 65 YEARS, MEMBER ID NO. 124
3. SMT. S. SARVAMANGALAMMA W/O. RENUKARADIYA, AGED ABOUT 49 YEARS, MEMBER ID NO. 755
4. SMT. M. SAROJA W/O. NAGARAJU, AGED ABOUT 42 YEARS, MEMBER ID NO. 776
5. SRI. M. KRISHNAPPA S/O. MASTAPPA, AGED ABOUT 40 YEARS, MEMBER ID NO. 777
6.
SRI. RENUKAPPA S/O. REVANNA AGED ABOUT 86 YEARS, MEMBER ID NO. 840
7. SRI. PUTTAHUNAMAPPA S/O. LATE GANGAPPA, AGED ABOUT 66 YEARS, MEMBER ID NO. 904
8. SRI. M. MUNIRAJU S/O. LATE MASTAPPA,
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AGED ABOUT 33 YEARS, MEMBER ID NO. 986
9. SMT. RATNAMMA W/O. NAGARAJU, AGED ABOUT 63 YEARS, MEMBER ID NO. 1065
10. SRI. S. NAGARAJAYYA S/O. LATE L. SHIVANNA, AGED ABOUT 68 YEARS, MEMBER ID NO. 1074
11. SRI. A. G. SHIVARAJU S/O. GURUSIDDAPPA, AGED ABOUT 59 YEARS, MEMBER ID NO. 1078
12. SRI. G. S. JAGADISH S/O. LATE G V SWAMI, AGED ABOUT 48 YEARS, MEMBER ID NO. 199
13. SRI. G. R. ARUN KUMAR S/O. LATE RAJANNA, AGED ABOUT 40 YEARS, MEMBER ID NO. 719
14. SRI. S. VENKATESH NATESH S/O. G. R. SRINIVASA MURTHY, AGED ABOUT 58 YEARS, MEMBER ID NO. 810
15. SRI. GANGABIRAPPA S/O. LATE KALAPPA, AGED ABOUT 60 YEARS, MEMBER ID NO. 195
16. SMT. PUTAMARAMMA W/O. LATE BAILAPPA, AGED ABOUT 85 YEARS, MEMBER ID NO. 630
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
17. SRI. PUTTAYYA W/O. LATE MUNISHANAIAH, AGED ABOUT 57 YEARS, MEMBER ID NO. 631
18. SRI. G. ANANTHRAMAIAH S/O. R. GANGAPPA, AGED ABOUT 63 YEARS, MEMBER ID NO. 634
19. SRI. D. RAJANNA S/O. LATE RAJANNA, AGED ABOUT 66 YEARS, MEMBER ID NO. 944
20. SRI. VENKATARAMAIAH S/O. LATE MAYAPPA, AGED ABOUT 50 YEARS, MEMBER ID NO. 945
21. SRI. ASHWATHAIAH S/O. LATE MAYAPPA, AGED ABOUT 44 YEARS, MEMBER ID NO. 1042
22. SRI. SIDDARAJU S/O. GANGANNA, AGED ABOUT 42 YEARS, MEMBER ID NO. 1026
23. SRI. N. KUMAR SWAMY S/O. LATE NAGARAJU AGED ABOUT 45 YEARS, MEMBER ID NO. 927
24. SRI. S. CHAKARVARTHI S/O. SRINIVASA AGED ABOUT 36 YEARS, MEMBER ID NO. 1025
25. SMT.
S. REKHA W/O. PRAVEEN KUMAR
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AGED ABOUT 32 YEARS, MEMBER ID NO. 1110
26. SMT. N. THIMARAJAMMA S/O. LATE. BYLAPPA AGED ABOUT 56 YEARS, MEMBER ID NO. 1097
27. SRI. VEERAPPADEVARU S/O. LATE. GANGAPPA AGED ABOUT 90 YEARS, MEMBER ID NO. 955
28. SRI. NARASAPPA S/O. LATE YELLAPPA AGED ABOUT 70 YEARS, MEMBER ID NO. 936
29. SRI. B. LAKSHMAN S/O. BYRAPPA AGED ABOUT 58 YEARS, MEMBER ID NO. 421
30. SRI. H. THIMMEGOWDA S/O. HANUMANTHRAYAPPA AGED ABOUT 48 YEARS, MEMBER ID NO. 767
31. SMT. YASHODHAMMA W/O. VASUDEV MURTHY AGED ABOUT 83 YEARS, MEMBER ID NO. 922
32. SRI. RAMANJINAPPA S/O. NARAYANAPPA AGED ABOUT 66 YEARS, MEMBER ID NO. 244
33. SRI. H. K SANJEEV KUMAR S/O. KEMPAHANUMAIAH AGED ABOUT 43 YEARS, MEMBER ID NO. 772
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34. SRI. G. VENKATESH S/O. LATE GIDDAPPA AGED ABOUT 53 YEARS, MEMBER ID NO. 917
35. SMT. SIDDAMMA D/O. LATE GANGAIAH, AGED ABOUT 80 YEARS, MEMBER ID NO. 752
36. SRI. SIDDAGANGAPPA S/O. LATE HUCHANARASIMHAIAH, AGED ABOUT 80 YEARS, MEMBER ID NO. 835
37. SRI. NARASAPPA S/O. LATE KADARAPPA, AGED ABOUT 59 YEARS, MEMBER ID NO. 980
38. SMT. GANGABAIRAMMA D/O. LATE NARASIMHAIAH, AGED ABOUT 74 YEARS, MEMBER ID NO. 982
39. SMT. DODDAHANUMAKKA D/O. LATE DODDAHANUMAIAH, AGED ABOUT 79 YEARS, MEMBER ID NO. 1075
40. SRI. RAJANNA S/O. CHIKKARANGAYYA, AGED ABOUT 69 YEARS, MEMBER ID NO. 1096
41. SRI. T. THIMMARAYAPPA S/O. LATE GIDDAPPA, AGED ABOUT 58 YEARS, MEMBER ID NO. 981
42. SRI. NARASIMHAIAH S/O. LATE NARASIMHIAH,
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AGED ABOUT 57 YEARS, MEMBER ID NO. 1142
43. SMT. ASHA W/O. V. RAMACHANDRAPPA, AGED ABOUT 36 YEARS, MEMBER ID NO. 1077
44. SMT.
VISHALAKSHI W/O. A. KRISHNA MURTHY AGED ABOUT 55 YEARS, MEMBER ID NO. 702
45. SRI. KRISHNAPPA S/O. DODDAHANUMANTHAIAH AGED ABOUT 70 YEARS, MEMBER ID NO. 775
46. SRI. A. KRISHNA MURTHY S/O. ANJINAPPA AGED ABOUT 62 YEARS, MEMBER ID NO. 443
47. SMT. G. B SARVAMMA W/O. LATE SHIVANNA AGED ABOUT 60 YEARS, MEMBER ID NO. 531
ALL THE PETITIONERS ARE MEMBER OF THE GOLLAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD O/AT. GOLLAHALLI, KASABA HOBLI NELAMANGALA TALUK, BENGALURU RURAL BENGALURU-562 123. ...PETITIONERS
(BY SRI. AMAR CORREA, ADVOCATE)
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001. REP BY. PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3 RD FLOOR, SHANTHINAGAR TTMC A BLOCK, SHANTHI NAGAR BANGALORE-560 027. REP BY. SECRETARY
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT ELECTION OFFICER DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT BENGALURU-562 110. 4. RETURNING OFFICER APPOINTED FOR GOLLAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD, GOLLAHALLI KASABA HOBLI NELAMANGALA TALUK, BENGALURU RURAL BENGALURU-562 123. 5. GOLLAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD GOLLAHALLI KASABA HOBLI NELAMANGALA TALUK, BENGALURU RURAL BENGALURU-562 123. REP BY. CHIEF EXECUTIVE OFFICER R4 AND R5 ARE REG. UNDER CO-OPERATIVE SOCIETY ACT. ...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R3;
SRI. B.R. PRASANNA, ADVOCATE FOR R5; SRI.
CHETAN JADHAV, ADVOCATE FOR IMPLEADING APPLICANT ON I.A. 1/2025)
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NC: 2025:KHC:10678 WP No. 848 of 2025 C/W WP No. 1514 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTES LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.01.2025 VIDE ANNEXURE-A.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.
2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the
1 W.P.No.8502/2022 dated 7.6.2022
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Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.
3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.
4. In that view of the matter, I pass the following:
ORDER i) The Writ Petitions are disposed of. ii) The Returning Officer in each of the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into
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account the votes cast by the petitioners in each of the above matters. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv) The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.
SD/- (SURAJ GOVINDARAJ) JUDGE
NBM List No.: 1 Sl No.: 42