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High Court of Karnataka · body

2025 DAILYLAW 13865 (KAR)

SHAILENDRA ACHARYA v. THE STATE OF KARNATAKA

WP/858/2025 · 2025-01-27

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4206 WP No. 858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 858 OF 2025 (CS-EL/M) BETWEEN: 1. SHAILENDRA ACHARYA S/O. KRISHNA ACHARYA S AGED ABOUT 32 YEARS MEMBERSHIP NO. A9238 2. VENKATA MOGERA S/O. KUPPA MOGERA AGED ABOUT 65 YEARS MEMBERSHIP NO. A1599 3. BHASHA SAHEB S/O. RAHIMAN SAHEB AGED ABOUT 60 YEARS MEMBERSHIP NO. A1707 4. MOHAMMAD SHARIF S/O. KASIM SAHEB AGED ABOUT 58 YEARS MEMBERSHIP NO. A3175 5. AMIRUDDIN SAHEB S/O. ABDUL KHADR SAHEB AGED ABOUT 55 YEARS MEMBERSHIP NO. A3209 6. KORAGAPPA SUVRANA C/O. RAMA POOJARI Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4206 WP No. 858 of 2025 AGED ABOUT 60 YEARS MEMBERSHIP NO. A3751 7. SADASHIVA BHANDARI S/O ANANTHA BHANDARI AGED ABOUT 70 YEARS MEMBERSHIP NO. A4481 8. MAIDU KUTTI S/O. SAYARI BAIRI AGED ABOUT 72 YEARS MEMBERSHIP NO. A4678 9. KAMALA W/O. BHASKARA MAIYA AGED ABOUT 70 YEARS MEMBERSHIP NO. A4705 10. IBRAHIM BAIRI S/O SHEK AHAMMAD BAIRI AGED ABOUT 65 YEARS MEMBERSHIP NO. A4863 11. ISMAIL SAHEB S/O. SHEK HAMMAD BAIRI AGED ABOUT 60 YEARS MEMBERSHIP NO. A4942 12. PATHIMABI D/O. AMIR SAHEB AGED ABOUT 48 YEARS MEMBERSHIP NO. A5893 13. GOPALAG V S/O. VENKATA HARIJANA - 3 - NC: 2025:KHC:4206 WP No. 858 of 2025 AGED ABOUT 60 YEARS MEMBERSHIP NO. A6341 14. NABUNNISA D/O. KARIM SAHEB AGED ABOUT 45 YEARS MEMBERSHIP NO. A7057 15. JEENATH W/O.HAMMED BAIRI, AGED ABOUT 42 YEARS MEMBERSHIP NO. A7103 16. HAMEED BAIRI S/O. SANNA ABDUL BAIRI AGED ABOUT 62 YEARS MEMBERSHIP NO. A7104 17. JUJE ALMEDA S/O. FRANCIS ALMEDA AGED ABOUT 58 YEARS MEMBERSHIP NO. A7147 18. LEENA ALMEDA S/O. JEJE ALMEDA AGED ABOUT 42 YEARS MEMBERSHIP NO.A7152 19. DINKARA POOJARY S/O. EKALAVYA POOJARY AGED ABOUT 40 YEARS MEMBERSHIP NO.A7343 20. VILIAM ALMEDA S/O FRANCIS ALMEDA AGED ABOUT 43 YEARS - 4 - NC: 2025:KHC:4206 WP No. 858 of 2025 MEMBERSHIP NO. A7536 21. RAMANI POOJARTHI W/O. SHESHA POOJARY AGED ABOUT 65 YEARS MEMBERSHIP NO. A7695 22. VINAYA KUMAR S/O KABYADI GANAPATHI BHAT AGED ABOUT 55 YEARS MEMBERSHIP NO. A8303 23. MAHAMMAD GOWS S/0. PATHIMABI AGED ABOUT 53 YEARS MEMBERSHIP NO, A8838 24. SHANKARA S/O. PANJU HARIJANA AGED ABOUT 45 YEARS MEMBERSHIP NO. A8842 25. PATHIMABI S/O. SAMPRABI AGED ABOUT 42 YEARS MEMBERSHIP NO. A8868 26. LAXMANA POOJARY S/O SURA POOJARY AGED ABOUT 60 YEARS MEMBERSHIP NO. A8887 27. JAMELABI W/O AMIR SAHEB, AGED ABOUT 60 YEARS MEMBERSHIP NO. A9032 - 5 - NC: 2025:KHC:4206 WP No. 858 of 2025 28. DAYANANDA POOJARY S/O ANNAYYA POOJARY AGED ABOUT 65 YEARS MEMBERSHIP NO. A9376 29. UDAYA MARAKALA S/O ANANDA MOGAVEERA AGED ABOUT 55 YEARS MEMBERSHIP NO. A9395 30. MAHAMMAD GOWS S/O AMIR HUSSIN AGED ABOUT 63 YEARS MEMBERSHIP NO.A9407 31. SAJIDABI W/O AMIR HUSSIN AGED ABOUT 62 YEARS MEMBERSHIP NO. A9408 32. ABDUL GAFAR S/O. MAHAMMAD ALI T AGED ABOUT 58 YEARS MEMBERSHIP NO. A9668 33. SHEKARA MADIVALA S/O RAMA MADIVALA AGED ABOUT 60 YEARS MEMBERSHIP NO. A9835 34. KURSHAD BHANU S/O AMIR HUSSIN AGED ABOUT 57 YEARS MEMBERSHIP NO. A9937 - 6 - NC: 2025:KHC:4206 WP No. 858 of 2025 35. SANKU MARAKALTHI W/O. NARASIMHA AGED ABOUT 68 YEARS MEMBERSHIP NO. A10030 36. RADHAKRISHNA SHETTIGAR S/O. ANANTHA SHETTIGARA AGED ABOUT 65 YEARS MEMBERSHIP NO. A10102 37. NESEEBA W/O. MOHIDDINABBAPS AGED ABOUT 63 YEARS MEMBERSHIP NO. A10109 38. SADANADA PAI S/O. MOHANDASA PAI AGED ABOUT 55 YEARS MEMBERSHIP NO. A10119 39. JAHIR MAHAMMAD ALI S/O. BHANU BIBI AGED ABOUT 64 YEARS MEMBERSHIP NO. A10120 40. ABDUL SAMMAD S/O. MOHAMMAD SAHEB AGED ABOUT 62 YEARS MEMBERSHIP NO. A10123 41. BHOJA MARAKALA S/O. SANKU MARAKALTHI AGED ABOUT 68 YEARS MEMBERSHIP NO. A10126 - 7 - NC: 2025:KHC:4206 WP No. 858 of 2025 42. DINAKARA V RAO S/O. V K GUNDMI AGED ABOUT 45 YEARS MEMBERSHIP NO. A10154 43. ABDUL RAJAK S/O. ABDUL KARIM SAHEB AGED ABOUT 50 YEARS MEMBERSHIP NO. A10198 44. KAVERI MARAKALTHI D/O. SANKI MARAKALTHI AGED ABOUT 43 YEARS MEMBERSHIP NO. A10254 45. BHAVU BAIRI S/O. HASAN BAIRI AGED ABOUT 64 YEARS MEMBERSHIP NO. A10273 46. NOORJAHAN W/O. BASHA SAHEB AGED ABOUT 60 YEARS MEMBERSHIP NO. A10360 47. ABDUL RAFIK S/O. MOHAMMAD USTHAD PS AGED ABOUT 45 YEARS MEMBERSHIP NO. A10362 48. SARABI W/O. MOHAMMAD USTHAD PS AGED ABOUT 60 YEARS MEMBERSHIP NO. A10363 - 8 - NC: 2025:KHC:4206 WP No. 858 of 2025 49. MAHAMMAD ALI S/O. BHUDAN SAHEB AGED ABOUT 48 YEARS MEMBERSHIP NO. A10419 50. JAGADISHA Y A S/O. ANNAPPA POOJARY AGED ABOUT 56 YEARS MEMBERSHIP NO. A10461 51. NIRMALA W/O. PRABHAKARA HANDE AGED ABOUT 35 YEARS MEMBERSHIP NO. A10467 52. MARDULA S/O. PRABHAKARA HANDE AGED ABOUT 52 YEARS MEMBERSHIP NO. A10468 53. SAMIM BHANU W/O. ANWAR ALI AGED ABOUT 55 YEARS MEMBERSHIP NO. A10505 54. CHANDRA S/O. NAGAPPA POOJARY AGED ABOUT 62 YEARS MEMBERSHIP NO. A10532 55. SHAMSHUDDIN S/O. BHAVU BAIRI AGED ABOUT 55 YEARS MEMBERSHIP NO. A10583 - 9 - NC: 2025:KHC:4206 WP No. 858 of 2025 56. CHANDRAVATHI S/O ANNAYYA MARAKALA AGED ABOUT 50 YEARS MEMBERSHIP NO. A10616 57. NIRAMALA MARAKALTHI D/O SANKI MARAKALTHI AGED ABOUT 46 YEARS MEMBERSHIP NO. A10644 58. LAXMI MARAKALTHI W/O. BABU MARAKALA AGED ABOUT 44 YEARS MEMBERSHIP NO. A10768 59. LALITHA D/O LAXMI MARAKALTHI AGED ABOUT 42 YEARS MEMBERSHIP NO. A10769 60. BHAVANI MARAKALTHI W/O. SHEKARA AMIN AGED ABOUT 42 YEARS MEMBERSHIP NO. A10770 61. DILDAR BHANU S/O ABDUL SATHAR SAHEB AGED ABOUT 62 YEARS MEMBERSHIP NO. A10943 62. VENKTESH S/O MAHABALA SHETTIGAR AGED ABOUT 50 YEARS MEMBERSHIP NO. A10967 - 10 - NC: 2025:KHC:4206 WP No. 858 of 2025 63. SURESH MARAKALA G S/O AITHA MARAKALA AGED ABOUT 54 YEARS MEMBERSHIP NO. A10974 64. T SHANAKARA S/O PUTTA BHANDARI AGED ABOUT 48 YEARS MEMBERSHIP NO. A10987 65. GIRIJA W/O. SOMANNA AGED ABOUT 70 YEARS MEMBERSHIP NO. A10994 66. KAMALA H S D/O. GIRIJA SOMANNA AGED ABOUT 53 YEARS MEMBERSHIP NO. A10995 67. SANNAMMA POOJARTHI W/O. VEERANNA POOJARY AGED ABOUT 45 YEARS MEMBERSHIP NO. A11017 68. NARAGARA S/O. VEERANNA POOJARY AGED ABOUT 70 YEARS MEMBERSHIP NO. A11018 69. NARASIMHA POOJARY S/O SADIAMMA POOJARTHI AGED ABOUT 50 YEARS MEMBERSHIP NO A11045 - 11 - NC: 2025:KHC:4206 WP No. 858 of 2025 70. JAYANTHI W/O. GOPALA BHANDARI AGED ABOUT 61 YEARS MEMBERSHIP NO. A11168 71. G HASAN SAHEB S/O MOHAMMAD SAHEB AGED ABOUT 57 YEARS MEMBERSHIP NO A11199 72. PATHIMABI D/O. HASAN SAHEB B AGED ABOUT 46 YEARS MEMBERSHIP NO. A11200 73. ABBAS S/O. ABUDL BAIRI AGED ABOUT 65 YEARS MEMBERSHIP NO. A11230 74. DILSHADH S/O. MAIDU KUTTI AGED ABOUT 46 YEARS MEMBERSHIP NO. A11310 75. NARASIMHAMURTHI S/O RAMACHANDRA UPADHYA AGED ABOUT 65 YEARS MEMBERSHIP NO. A11351 76. GAFUR SAHEB S/O MITTU SAHEB AGED ABOUT 48 YEARS MEMBERSHIP NO. A11387 - 12 - NC: 2025:KHC:4206 WP No. 858 of 2025 77. ASHRIF BHANU S/O GAFUR SAHEB AGED ABOUT 66 YEARS MEMBERSHIP NO.A11393 78. HUSSIAN SAHEB S/O HAIDAR G SAHEB AGED ABOUT 58 YEARS MEMBERSHIP NO. A11397 79. ATHIJA W/O ABDUL BAIRI AGED ABOUT 54 YEARS MEMBERSHIP NO. A11402 80. MAHAMMAD ASHRAF W/O SHABBIR SAHEB AGED ABOUT 64 YEARS MEMBERSHIP NO. A11544 81. KIRANA S/O PRABHAVTHI B AGED ABOUT 45 YEARS MEMBERSHIP NO. A11643 82. GANAPTHI POOJRY S/O. SHESHA POOJARY AGED ABOUT 54 YEARS MEMBERSHIP NO. A11739 83. AMINABI W/O, MAHAMMAD G AGED ABOUT 60 YEARS MEMBERSHIP NO. A11839 - 13 - NC: 2025:KHC:4206 WP No. 858 of 2025 84. ALI ASKAR S/O MAHAMMAD G AGED ABOUT 68 YEARS MEMBERSHIP NO. A11840 85. SAJIDA BHANU S/O MAHAMMAD G AGED ABOUT 38 YEARS MEMBERSHIP NO. A11841 86. MAHAMMAD ELIYAS S/O. BHASHA SAHEB AGED ABOUT 39 YEARS MEMBERSHIP NO. A11918 87. NAGU POOJARTHI W/O. ANNAYYA POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO. A-11972 88. HARISH POOJARY S/O. NAGU POOJARTHI AGED ABOUT 80 YEARS MEMBERSHIP NO. A11973 89. SAYAD ABUBAKAR S/O. AMEENA AGED ABOUT 48 YEARS MEMBERSHIP NO. A12077 90. RAMESH BATTADA S/O. CHIKKU BATTADA AGED ABOUT 55 YEARS MEMBERSHIP NO. A12123 - 14 - NC: 2025:KHC:4206 WP No. 858 of 2025 91. PADMAVATHI W/O. RAMACHANDRA ACHAR AGED ABOUT 50 YEARS MEMBERSHIP NO. A12164 92. ABDUL MAJEED S/O. RUKNAMBI AGED ABOUT 50 YEARS MEMBERSHIP NO. A12226 93. RUKNAMBI W/O. MITTU YANE ISMAIL SAHEB AGED ABOUT 50 YEARS MEMBERSHIP NO. A12233 94. SHEENA POOJARY S/O. ANANTHA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. A12311 95. HABIB S/O ABDUL KHADAR AGED ABOUT 55 YEARS MEMBERSHIP NO. A12349 96. LAXMI HARIJANA W/O. DURGA HARIJANA AGED ABOUT 52 YEARS MEMBERSHIP NO. A12351 97. HARISH G S/O. GANAPA MARKALA G AGED ABOUT 45 YEARS MEMBERSHIP NO. A12365 - 15 - NC: 2025:KHC:4206 WP No. 858 of 2025 98. SUMA D/O. MUTTU HARIJANA AGED ABOUT 45 YEARS MEMBERSHIP NO. A12367 99. NEELU D/O. CHANDU HARIJANA AGED ABOUT 55 YEARS MEMBERSHIP NO. A12425 100. LAXMI W/O. GOVINDA HARIJANA AGED ABOUT 42 YEARS MEMBERSHIP NO. A12426 101. NOORI W/O. ABDUL KARIM AGED ABOUT 55 YEARS MEMBERSHIP NO. A12546 102. UDAYA KUMAR G S/O. NARSI HARIJANA AGED ABOUT 53 YEARS MEMBERSHIP NO. A12565 103. SHAFIYA D/O. SABAN BAIRI AGED ABOUT 48 YEARS MEMBERSHIP NO. A12669 104. ASHA W/O. ABDUL KHADR AGED ABOUT 32 YEARS MEMBERSHIP NO. A12670 - 16 - NC: 2025:KHC:4206 WP No. 858 of 2025 105. BHAGIRATHI W/O. MAHABALA HARIJANA AGED ABOUT 50 YEARS MEMBERSHIP NO. A12854 106. GEETHA D/O LAXMI HARIJANA AGED ABOUT 50 YEARS MEMBERSHIP NO. A12981 107. PATHIMA W/O. ISMAIL AGED ABOUT 55 YEARS MEMBERSHIP NO. A13022 108. SANTHOSH S/O. LAXMI HARIJANA AGED ABOUT 43 YEARS MEMBERSHIP NO. A13087 109. ABDUL KHADR S/O JULEKABI AGED ABOUT 56 YEARS MEMBERSHIP NO. A13101 110. MUMTHAZ W/O ABDUL KHADR AGED ABOUT 48 YEARS MEMBERSHIP NO. A13102 111. VASU MARAKALA S/O NANDI GURIKARA AGED ABOUT 55 YEARS MEMBERSHIP NO. A13361 - 17 - NC: 2025:KHC:4206 WP No. 858 of 2025 112. JAYARAMA ACHARI S/O RUDRA ACHARI AGED ABOUT 48 YEARS MEMBERSHIP NO. A13393 113. PATHIMABI W/O. ABDULA SHUKR SAHEB AGED ABOUT 54 YEARS MEMBERSHIP NO. A13465 114. NAJEERA D/O. HAMEED BAIRI AGED ABOUT 38 YEARS MEMBERSHIP NO. A13484 115. PRABHAVTHI W/O CHANDRASHEKARA SHETTIGAR AGED ABOUT 45 YEARS MEMBERSHIP NO. A13514 116. SHANTHA D/O. GANAPA POOJARY AGED ABOUT 46 YEARS MEMBERSHIP NO. A13565 117. JALAJA MARAKALTHI W/O. RAJU MARAKALA AGED ABOUT 48 YEARS MEMBERSHIP NO. A13579 118. SOMASHEKAR SHETTIGAR S/O. SRINIVASA SHETTIGAR AGED ABOUT 50 YEARS MEMBERSHIP NO. A13626 - 18 - NC: 2025:KHC:4206 WP No. 858 of 2025 119. PADMAVATHI W/O SOMASHEKAR SHETTIGAR AGED ABOUT 42 YEARS MEMBERSHIP NO. A13627 120. JALAJA D/O. MINKU HARIJANA AGED ABOUT 59 YEARS MEMBERSHIP NO. A13736 121. ABDUL SAMMAD S/O. MAHAMMAD USTHAD ABED ABOUT 60 YEARS MEMBERSHIP NO. A13737 122. HANEEFABI W/O MEERA SAHEB AGED ABOUT 48 YEARS MEMBERSHIP NO. A13861 123. RAGHAVENDRA MADYASTHA G S/O. ANANTHAYYA MADYASTHA AGED ABOUT 50 YEARS MEMBERSHIP NO.A13910 124. VINODA S/O. GULLA MARAKALA AGED ABOUT 38 YEARS MEMBERSHIP NO. A14058 125. MOHAMMAD S/O. MAIDINABBHA PS AGED ABOUT 49 YEARS MEMBERSHIP NO. A14136 - 19 - NC: 2025:KHC:4206 WP No. 858 of 2025 126. SHOHEB AHAMAD S/O KASIM G AGED ABOUT 48 YEARS MEMBERSHIP NO. A14278 127. GULABI W/O. DAYANADA POOJARY AGED ABOUT 56 YEARS MEMBERSHIP NO. A14332 128. MAIMUNA W/O ABDUL BAYRI AGED ABOUT 38 YEARS MEMBERSHIP NO.A14344 129. DIVYA D/O GOPALA POOJARY AGED ABOUT 36 YEARS MEMBERSHIP NO.A14481 130. ASHIYA W/O HAMMAB BAYRI AGED ABOUT 35 YEARS MEMBERSHIP NO. A14609 131. LAXMI HARIJANA W/O DHOOMA HARIJANA AGED ABOUT 56 YEARS MEMBERSHIP NO. A14842 132. SHAMSHAD BEGAM W/O SULEMAN SAHEB AGED ABOUT 42 YEARS MEMBERSHIP NO. A14858 - 20 - NC: 2025:KHC:4206 WP No. 858 of 2025 133. NAJAMMUNISSA W/O GULAM MOIDDIN AGED ABOUT 65 YEARS MEMBERSHIP NO. A14859 134. SHABBIR SAHEB S/O HAIDAR SAHEB AGED ABOUT 46 YEARS MEMBERSHIP NO. A14892 135. BHOJA KOTARI S/O CHINKRA KOTARI AGED ABOUT 60 YEARS MEMBERSHIP NO. A14943 136. ANANDA MARAKALA S/O BASAVA MARAKALA AGED ABOUT 56 YEARS MEMBERSHIP NO. A15093 137. SUSHEELA ANANDA W/O ANANDA MARAKALA AGED ABOUT 48 YEARS MEMBERSHIP NO. A15094 138. SEETHA POOJARTHI W/O. DINAKARA KOTIAN AGED ABOUT 53 YEARS MEMBERSHIP NO. A15267 139. SAMPA W/O. NARAYANA K AGED ABOUT 39 YEARS MEMBERSHIP NO. A15270 - 21 - NC: 2025:KHC:4206 WP No. 858 of 2025 140. MUMTHAZ W/O LIYAKATH ALI AGED ABOUT 38 YEARS MEMBERSHIP NO. A15458 141. AZMA BHANU W/O ABDUL HAMEED AGED ABOUT 36 YEARS MEMBERSHIP NO. A15492 142. ASKAR ALI S/O ABDUL BAYRI AGED ABOUT 35 YEARS MEMBERSHIP NO. A15511 143. ATHIKA W/O SULEMAN AGED ABOUT 37 YEARS MEMBERSHIP NO. A15680 144. BEBI W/O VASU HANDA AGED ABOUT 59 YEARS MEMBERSHIP NO.A15751 145. VASU S/O BABU HANDA AGED ABOUT 37 YEARS MEMBERSHIP NO.A15753 146. BHAVANI W/O UDAYA KUNDER AGED ABOUT 38 YEARS MEMBERSHIP NO. A15887 - 22 - NC: 2025:KHC:4206 WP No. 858 of 2025 147. VEENA D/O JALAJA MARAKALTHI AGED ABOUT 32 YEARS MEMBERSHIP NO. A15901 148. UDAYA S/O SADIYA MARAKALA AGED ABOUT 42 YEARS MEMBERSHIP NO. A15928 149. SUMA W/O SAHADEVA POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO. A16037 150. PRATHIBHA D/O GIRIJA POOJARTHI AGED ABOUT 38 YEARS MEMBERSHIP NO. A16038 151. LATHA D/O MEENAKSHI POOJARTHI AGED ABOUT 40 YEARS MEMBERSHIP NO.A16085 152. DURGI MADIVALTHI D/O CHIKKA MADIVALTHI AGED ABOUT 59 YEARS MEMBERSHIP NO. A16125 153. SUDHIKSHA G D D/O. DINKARA G A AGED ABOUT 56 YEARS MEMBERSHIP NO.A16224 - 23 - NC: 2025:KHC:4206 WP No. 858 of 2025 154. JAHIRA W/O. HABIB AGED ABOUT 39 YEARS MEMBERSHIP NO.A16259 155. MAMTHAZ HAMEED W/O G ABDUL HAMEED AGED ABOUT 59 YEARS MEMBERSHIP NO. A16354 156. BABI POOJARTHI W/O ANNAYYA POOJARY AGED ABOUT 59 YEAR MEMBERSHIP NO.A16380 157. VENKATARAMANA ACHAR S/O LATE GANAPAYYA ACHAR AGED ABOUT 58 YEARS MEMBERSHIP NO. A16425 158. HASINA BHANU D/O. USMAN SAHEB AGED ABOUT 32 YEARS MEMBERSHIP NO. A16447 159. SAHIRA BHANU D/O. USMAN SAHEB AGED ABOUT 40 YEARS MEMBERSHIP NO. A16448 160. KARUNA S/O. KITTA AGED ABOUT 39 YEARS MEMBERSHIP NO. A16601 - 24 - NC: 2025:KHC:4206 WP No. 858 of 2025 161. MAHAMMAD S/O. BHAPU BAYRI AGED ABOUT 45 YEARS MEMBERSHIP NO. A16652 162. FRAZAN HANEEF W/O. MOHAMMAD HANEEF AGED ABOUT 38 YEARS MEMBERSHIP NO. A16728 163. MOHAMMAD ABDUL RAZAQ S/O. AMEENABI AGED ABOUT 57 YEARS MEMBERSHIP NO. A16729 164. HAZVIN SHABA RAFIK W/O. MOHAMMAD ABDUL GAFOOR AGED ABOUT 39 YEARS MEMBERSHIP NO. A16730 165. SRIMATHI W/O. SEETHARAMA ACHRI AGED ABOUT 42 YEARS MEMBERSHIP NO. A16837 166. RASHIDA S/O. RAJAB BAYRI AGED ABOUT 49 YEARS MEMBERSHIP NO. A16848 167. NABISSA W/O. RAJAB BAYRI AGED ABOUT 46 YEARS MEMBERSHIP NO. A16849 - 25 - NC: 2025:KHC:4206 WP No. 858 of 2025 168. SATHISH K S/O JALAJA AGED ABOUT 38 YEARS MEMBERSHIP NO.A16977 169. KHADRI BAYRI S/O. HAJI BAYRI AGED ABOUT 62 YEARS MEMBERSHIP NO. A17041 170. IBRAHIM BAYRI S/O ISMAIL BK AGED ABOUT 64 YEARS MEMBERSHIP NO.A17044 171. PRAJWAL S/O PRABHAKARA HANDE AGED ABOUT 45 YEARS MEMBERSHIP NO.A17053 172. SUSHANTH KUNDER S/O JOGAPPA KUNDER AGED ABOUT 39 YEARS MEMBERSHIP NO. A17086 173. PATHIMA SHUKUR W/O ABDUL SHUKUR AGED ABOUT 56 YEARS MEMBERSHIP NO.A17154 174. RAVINDRA S/O. ANNAPPA MADIVALA AGED ABOUT 45 YEARS MEMBERSHIP NO. A17242 - 26 - NC: 2025:KHC:4206 WP No. 858 of 2025 175. SHAKILA D/O. GULAM MOIDDIN AGED ABOUT 56 YEARS MEMBERSHIP NO.A17322 176. SANGEETHA D/O. GOAPLA BHANDARI AGED ABOUT 39 YEARS MEMBERSHIP NO. A17346 177. DINKARA K POOJARY S/O. NARSI POOJARTHI AGED ABOUT 39 YEARS MEMBERSHIP NO. A17371 178. RESHMA D/O. RUKIYAMBI AGED ABOUT 32 YEARS MEMBERSHIP NO. A17410 179. SHABEERA W/O. REHIMAN SAHEB AGED ABOUT 56 YEARS MEMBERSHIP NO. A17411 180. LAXMIKAANTH D/O. SANJEEVA SHET AGED ABOUT 65 YEARS MEMBERSHIP NO. A17451 181. INDIRA S/O. PUNDA AGED ABOUT 40 YEARS MEMBERSHIP NO. A17461 - 27 - NC: 2025:KHC:4206 WP No. 858 of 2025 182. SUMITHRA D/O. RAMAPPA MARAKALA AGED ABOUT 36 YEARS MEMBERSHIP NO. A17633 183. PATHIMA W/O. SUFEE BAYRI AGED ABOUT 31 YEARS MEMBERSHIP NO. A17657 184. RAZAK D/O. SUFEE BAYRI AGED ABOUT 42 YEARS MEMBERSHIP NO. A17658 185. CHANDRAPPA S/O. CHIKKA HARIJANA AGED ABOUT 59 YEARS MEMBERSHIP NO. A17780 186. SHARADA D/O. LATE PANJU AGED ABOUT 45 YEARS MEMBERSHIP NO. A17802 187. HASEENA D/O. BHASHA SAHEB AGED ABOUT 42 YEARS MEMBERSHIP NO. A17856 188. YAZMEENA BHANU D/O. ABBAS SAHEB AGED ABOUT 58 YEARS MEMBERSHIP NO. A17900 - 28 - NC: 2025:KHC:4206 WP No. 858 of 2025 189. VARIJA W/O. KORAGAPPA SUVRANA AGED ABOUT 46 YEARS MEMBERSHIP NO. A18067 190. SACHIN S/O. MANJU POOJARY AGED ABOUT 38 YEARS MEMBERSHIP NO. A18115 191. SHASHIKALA D/O. RAJU POOJARY AGED ABOUT 46 YEARS MEMBERSHIP NO. A18117 192. SANKU YANE SANKI POOJARTHI W/O. LATE NARASIMHA POOJARY AGED ABOUT 46 YEARS MEMBERSHIP NO. A18124 193. SWATHI D/O. BHAGI POOJARTHI AGED ABOUT 38 YEARS MEMBERSHIP NO. A18133 194. KRISHNA POOJARY S/O NARSI POOJARTHI AGED ABOUT 46 YEARS MEMBERSHIP NO. A18139 195. GEETHA POOJARTHI W/O. RAGHAVENDRA POOJARY AGED ABOUT 59 YEARS MEMBERSHIP NO. A18142 - 29 - NC: 2025:KHC:4206 WP No. 858 of 2025 209. RANJITH KHARVI S/O VITTALA KHARVI AGED ABOUT 40 YEARS MEMBERSHIP NO.A16543 210. PANDU KHARVI S/O HERIYA KHARVI AGED ABOUT 70 YEARS MEMBERSHIP NO.A16613 211. SHANKARA KHARVI S/O KOGGA KHARVI, AGED ABOUT 55 YEARS MEMBERSHIP NO.A16618 212. SRINIVASA KHARVI S/O MANJUNATHA KHARVI AGED ABOUT 50 YEARS MEMBERSHIP NO.A16722 213. RAGHAVENDRA KHARVI S/O SRIDHARA KHARVI AGED ABOUT 40 YEARS MEMBERSHIP NO.A17170 214. SANTHOSH KHARVI S/O MANJUNATHA KHARVI AGED ABOUT 40 YEARS MEMBERSHIP NO.A17216 215. BHAVANI KHARVI D/O JANARDHANA KHARVI AGED ABOUT 55 YEARS MEMBERSHIP NO.A17316 - 30 - NC: 2025:KHC:4206 WP No. 858 of 2025 216. NAGARAJA KHARVI S/O BASAVA KHARVI AGED ABOUT 42 YEARS MEMBERSHIP NO.A17395 217. VASANTHA KHARVI S/O NARAYANA KHARVI AGED ABOUT 38 YEARS MEMBERSHIP NO.A17431 218. GANESHA S/O NARAYANA KHARVI AGED ABOUT 30 YEARS MEMBERSHIP NO.A17726 219. NARAYANA KHARVI S/O MANJUNATHA KHARVI AGED ABOUT 60 YEARS MEMBERSHIP NO.A17931 220. SHEKARA KHARVI S/O SUBRAYA KHARVI AGED ABOUT 35 YEARS MEMBERSHIP NO.A18041 221. SHIVARAJA KHARVI S/O GANAPATHI KHARVI AGED ABOUT 30 YEARS MEMBERSHIP NO.A18263 222. PRAVEEN KHARVI S/O NARAYANA KHARVI AGED ABOUT 28 YEARS MEMBERSHIP NO.A18367 - 31 - NC: 2025:KHC:4206 WP No. 858 of 2025 223. NAGARATHNA KHARVI W/O BASAVA KHARVI AGED ABOUT 40 YEARS MEMBERSHIP NO.A18831 224. RAVINDRA KHARVI S/O BHOJA AGED ABOUT 35 YEARS MEMBERSHIP NO.A18980 225. SANGEETHA W/O SATHISH KHARVI AGED ABOUT 35 YEARS MEMBERSHIP NO.A19857 226. BAVANI BAI W/O NARASIMHA KHARVI AGED ABOUT 55 YEARS MEMBERSHIP NO.A19858 227. GANESHA S/O NARASIMHA KHARVI AGED ABOUT 38 YEARS MEMBERSHIP NO.A19872 228. BHAVANI KHARVI S/O NARASIMHA KHARVI AGED ABOUT 65 YEARS MEMBERSHIP NO.A20082 229. MAMATHA V. KOTIAN D/O VITTALA V. KOTIAN AGED ABOUT 40 YEARS MEMBERSHIP NO.A20424 - 32 - NC: 2025:KHC:4206 WP No. 858 of 2025 230. SARITHA KHARVI W/O ACHCHUTHA KHARV AGED ABOUT 30 YEARS MEMBERSHIP NO.A20601 231. VANITHA KHARVI W/O GANAPATHI KHARVI AGED ABOUT 62 YEARS MEMBERSHIP NO.A20602 232. VIKAS S/O SHANKARA KHARVI AGED ABOUT 30 YEARS MEMBERSHIP NO.A20710 233. PRABHAVATHI W/O SHANKARA KHARVI AGED ABOUT 50 YEARS MEMBERSHIP NO.A20711 234. ROOPA KHARVI W/O SANTHOSHA KHARVI AGED ABOUT 40 YEARS MEMBERSHIP NO.A20732 235. SEETHA BAI W/O BABU KHARVI AGED ABOUT 60 YEARS MEMBERSHIP NO.A20756 236. SANJEEVA KHARVI S/O NARAYANA KHARVI AGED ABOUT 40 YEARS MEMBERSHIP NO.A20988 - 33 - NC: 2025:KHC:4206 WP No. 858 of 2025 237. CHANDRA KHARVI S/O NARAYANA KHARVI AGED ABOUT 42 YEARS MEMBERSHIP NO.A20989 238. UDAYA KHARVI S/O MANJAPPA KHARVI AGED ABOUT 55 YEARS MEMBERSHIP NO.A21218 239. SATHISH KHARVI S/O NARASIMHA KHARVI AGED ABOUT 45 YEARS MEMBERSHIP NO.A17616 240. BHAVYA W/O. SANDEP SHETTY AGED ABOUT 35 YEARS MEMBERSHIP NO.A22568 241. ANNAIAH MOGERA S/O CHANNA MARAKALA AGED ABOUT 72 YEARS MEMBERSHIP NO.A2229 242. SHIVARAMA SHETTY S/O KALU SHETTY AGED ABOUT 52 YEARS MEMBERSHIP NO.A5977 243. VANAJA SHETTY C/O MANJAIAH SHETTY AGED ABOUT 75 YEARS MEMBERSHIP NO.A5993 - 34 - NC: 2025:KHC:4206 WP No. 858 of 2025 244. SURANAYAKA S/O BEDU NAYAKA AGED ABOUT 72 YEARS MEMBERSHIP NO.A6612 245. RAJEEVA SHETTY M S/O SUBBANNA SHETTY AGED ABOUT 70 YEARS MEMBERSHIP NO.A6852 246. SANNAMMAKULALTHI W/O KUSTAKULALTHI AGED ABOUT 50 YEARS MEMBERSHIP NO.A7747 247. MANOHARA SHETTY S/O MAHALINGA SHETTY AGED ABOUT 62 YEARS MEMBERSHIP NO.A8057 248. JYOTHI SHETTY W/O BACHA SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO.A8254 249. MANJU HARIJANA S/O KARJAHARIJANA AGED ABOUT 45 YEARS MEMBERSHIP NO.A9081 250. ANANTHAMARAKALA S/O GOVINDAMARAKALA AGED ABOUT 50 YEARS MEMBERSHIP NO.A9111 - 35 - NC: 2025:KHC:4206 WP No. 858 of 2025 251. GIRIJAPOOJARTHI C/O ANNAIAHPOOJARI AGED ABOUT 65 YEARS MEMBERSHIP NO.A9130 252. BHAVANI ACHARTHI C/O NARAYANA ACHAR AGED ABOUT 60 YEARS MEMBERSHIP NO.A9627 253. NARAYANA ACHAR S/O KUSTAACHARI AGED ABOUT 65 YEARS MEMBERSHIP NO.A9628 254. SHANKARA MOGAVEERA S/O ANNAPPAMOGAVEERA AGED ABOUT 60 YEARS MEMBERSHIP NO.A9629 255. BABY MOGERTHI C/O SHANKARAMOGAVEERA AGED ABOUT 55 YEARS MEMBERSHIP NO.A9630 256. GIRIJAMMA SHEDATHI C/O SANJEEVA SHEDATHI AGED ABOUT 70 YEARS MEMBERSHIP NO.A9710 257. RAMESHA S/O SHEENA MARAKALA AGED ABOUT 40 YEARS MEMBERSHIP NO.A9763 - 36 - NC: 2025:KHC:4206 WP No. 858 of 2025 258. MADHAVA MARAKALA S/O SHEENA MARAKALA AGED ABOUT 50 YEARS MEMBERSHIP NO.A9764 259. GUNARATHNA SHETTY C/O VADIRAJA SHETTY AGED ABOUT 50 YEARS MEMBERSHIP NO.A10056 260. SUDHAKARA SHETTY S/O RATHNAVATHISHEDTHI AGED ABOUT 58 YEARS MEMBERSHIP NO.A10722 261. BIDUGU NAYAKA S/O APPU NAYAKA AGED ABOUT 75 YEARS MEMBERSHIP NO.A10837 262. ASHA SHEDATHI C/O JAGANATHA SHETTY AGED ABOUT 55 YEARS MEMBERSHIP NO.A11118 263. SRIMATHI C/O NARASIMHA PUTRAN AGED ABOUT 50 YEARS MEMBERSHIP NO.A11519 264. DEVAKI MARAKALTHI C/O BHASKAR MARAKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.A11807 - 37 - NC: 2025:KHC:4206 WP No. 858 of 2025 265. SADHU MARAKALTHI S/O SHIVA MARAKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.A12047 266. JAYANTHI C/O SHEKARA AGED ABOUT 45 YEARS MEMBERSHIP NO.A12463 267. GEETHA C/O GOPALA AGED ABOUT 50 YEARS MEMBERSHIP NO.A12464 268. SAROJA C/O VITTAL SHETTY AGED ABOUT 42 YEARS MEMBERSHIP NO.A12682 269. BABBIMUGERTHI C/O JOGUMARAKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.A12686 270. SARVAMMA D/O CHIKKUMARAKALTHI AGED ABOUT 70 YEARS MEMBERSHIP NO.A12687 271. SADHU S/O MADHU MARAKALA AGED ABOUT 60 YEARS MEMBERSHIP NO.A12688 - 38 - NC: 2025:KHC:4206 WP No. 858 of 2025 272. PARVATHI S SHETTY C/O SEETHARAMA SHETTY B AGED ABOUT 70 YEARS MEMBERSHIP NO.A12743 273. UMESHA S/O SEETHAMMA AGED ABOUT 45 YEARS MEMBERSHIP NO.A12751 274. LALITHA MARAKALTHI D/O SHEENA MARAKALA AGED ABOUT 50 YEARS MEMBERSHIP NO.A12752 275. KUSUMA MARAKALTHI C/O ANANDA MARAKALA AGED ABOUT 45 YEARS MEMBERSHIP NO.A12986 276. LALITHA SHEDATHI D/O PUTTAIAHSHEDATHI AGED ABOUT 60 YEARS MEMBERSHIP NO.A13428 277. GEETHA MARAKALTHI C/O SIDDAMARAKALA AGED ABOUT 45 YEARS MEMBERSHIP NO.A13116 278. NAGARATHNA D/O MANJE HARIJANA AGED ABOUT 45 YEARS MEMBERSHIP NO.A13606 - 39 - NC: 2025:KHC:4206 WP No. 858 of 2025 279. MAHALAKSHMI C/O ANANTHAMARAKALA AGED ABOUT 45 YEARS MEMBERSHIP NO.A14298 280. YASHODHA D/O KAVERI MARAKALTHI AGED ABOUT 52 YEARS MEMBERSHIP NO.14440 281. GIRIJAMOGERTHI C/O BABU MARAKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.A14459 282. SHYLAVATHI SHEDATHI C/O BUJANGA SHETTY AGED ABOUT 50 YEARS MEMBERSHIP NO.A14649 283. JAYA C/O HULIYA AGED ABOUT 65 YEARS MEMBERSHIP NO.A14656 284. KAVERI C/O NARAYANA AGED ABOUT 70 YEARS MEMBERSHIP NO.A14657 285. BABU MARAKALA S/O GOVINDAMARAKALA AGED ABOUT 64 YEARS MEMBERSHIP NO.A14675 - 40 - NC: 2025:KHC:4206 WP No. 858 of 2025 286. RADHA C/O NARAYANA MARAKALA AGED ABOUT 45 YEARS MEMBERSHIP NO.A14685 287. SANTHOSHA SHETTY S/O SANJEEVA SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO.A14688 288. VANAJA MARAKALTHI C/O RAJU MARAKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.A14693 289. LAKSHMI MARAKALTHI W/O BOLUMOGAVEERA AGED ABOUT 50 YEARS MEMBERSHIP NO.A14694 290. KAVERI C/O RAMA BOGAVEERA AGED ABOUT 55 YEARS MEMBERSHIP NO.A14701 291. SAKHISHEDTHI D/O KALAPPA SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO.A14705 292. GANAPPAMARAKALA S/O SEETHUMARAKALTHI AGED ABOUT 65 YEARS MEMBERSHIP NO.A14816 - 41 - NC: 2025:KHC:4206 WP No. 858 of 2025 293. PRAKASHAKOTARI S/O KUSHALAKOTARI AGED ABOUT 35 YEARS MEMBERSHIP NO.A15326 294. SRINIVASA MARAKALA S/O KESHAVA MARAKALA AGED ABOUT 60 YEARS MEMBERSHIP NO.A15350 295. JYOTHI MARAKALTHI C/O SRINIVASA MARAKALA AGED ABOUT 55 YEARS MEMBERSHIP NO.A15351 296. SHANKARANARAYANA BHAT S/O GANAPATHI BHAT AGED ABOUT 65 YEARS MEMBERSHIP NO.A15435 297. SHARADA GANIGA C/O SUBBARAYAGANIGA AGED ABOUT 65 YEARS MEMBERSHIP NO.A15658 298. GIRIJAMARAKALTHI C/O GOPALA MARAKALA AGED ABOUT 68 YEARS MEMBERSHIP NO.A15710 299. CHETHUMARAKALTHI C/O SHEKHARAMARAKALA AGED ABOUT 45 YEARS MEMBERSHIP NO.A16122 - 42 - NC: 2025:KHC:4206 WP No. 858 of 2025 300. RAGHAVENDRA S/O VISHWANATH ACHARYA AGED ABOUT 45 YEARS MEMBERSHIP NO.A17250 301. PRATHAPA KUMAR SHETTY S/O SHIVARAMA SHETTY AGED ABOUT 47 YEARS MEMBERSHIP NO.A18082 302. SUCHITHRA C/O PRATHAPA KUMAR SHETTY AGED ABOUT 40 YEARS MEMBERSHIP NO.A18083 303. PREMANATHA SHETTY S/O MAHABALA SHETTY AGED ABOUT 52 YEARS MEMBERSHIP NO.A18641 304. RAJU MOGAVEERA S/O BABU MOGAVEERA AGED ABOUT 40 YEARS MEMBERSHIP NO.A19222 305. JYOTHI D/O BABU MOGAVEERA AGED ABOUT 38 YEARS MEMBERSHIP NO.A19271 306. GOPU S/O BASAVA AGED ABOUT 62 YEARS MEMBERSHIP NO.A19287 - 43 - NC: 2025:KHC:4206 WP No. 858 of 2025 307. ASHOKA SHETTY S/O KRISHNAIAH SHETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.A19299 308. KRISHNA MARAKALA S/O BOLUMARAKALA AGED ABOUT 45 YEARS MEMBERSHIP NO.A19311 309. SRIDHARAADIGA S/O SRINIVASA ADIGA AGED ABOUT 52 YEARS MEMBERSHIP NO.A19351 310. GIRIJA C/O LAKSHMANAMOGAVEERA AGED ABOUT 42 YEARS MEMBERSHIP NO.A19394 311. LAKSHMANA MOGAVEERA S/O SHEENA MARAKALA AGED ABOUT 50 YEARS MEMBERSHIP NO.A19395 312. SRIKALA D/O BIDUGU NAIK AGED ABOUT 43 YEARS MEMBERSHIP NO.A19589 313. SRILATHA D/O BIDUGU NAIK AGED ABOUT 40 YEARS MEMBERSHIP NO.A19591 - 44 - NC: 2025:KHC:4206 WP No. 858 of 2025 314. ANNAPURNA SHETTY D/O SUDHAKARA SHETTY AGED ABOUT 35 YEARS MEMBERSHIP NO.A20148 315. AMBIKA SHETTY D/O SUDHAKARA SHETTY AGED ABOUT 30 YEARS MEMBERSHIP NO.A20149 316. ASHA C/O RAGHAVENDRA MARAKALA AGED ABOUT 40 YEARS MEMBERSHIP NO.A20307 317. lACCHA C/O MANJU MOGAVEERA AGED ABOUT 78 YEARS MEMBERSHIP NO.A20431 318. ASHOKA SHETTY S/O BHUJANGA SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO.A7858 319. SRINIVASA S/O PANJU MOGAVEERA AGED ABOUT 48 YEARS MEMBERSHIP NO.A20489 320. JAYANTHI SHEDTHI C/O NAVEEN SHETTY AGED ABOUT 35 YEARS MEMBERSHIP NO.A21099 - 45 - NC: 2025:KHC:4206 WP No. 858 of 2025 321. SUMANA S/O SHANKARAMARAKALA AGED ABOUT 40 YEARS MEMBERSHIP NO.A21144 322. GEETHA SHETTY C/O CHANDRASHEKAR SHETTY AGED ABOUT 58 YEARS MEMBERSHIP NO.A21202 323. MAHESHA SHETTY S/O CHANDRASHEKAR SHETTY AGED ABOUT 32 YEARS MEMBERSHIP NO.A21204 324. GIRISH SHETTY S/O CHANDRASHEKARA SHETTY AGED ABOUT 30 YEARS MEMBERSHIP NO.A21213 325. SATHISHAMOGAVEERA S/O BASAVAMOGAVEERA AGED ABOUT 48 YEARS MEMBERSHIP NO.A21283 326. JOGU S/O BASAVA AGED ABOUT 55 YEARS MEMBERSHIP NO.A21323 327. PRATHIMA S/O SANDESH KUMAR AGED ABOUT 33 YEARS MEMBERSHIP NO.A21340 - 46 - NC: 2025:KHC:4206 WP No. 858 of 2025 328. RAJESHA S/O RAMUMOGAVEERA AGED ABOUT 30 YEARS MEMBERSHIP NO.A21438 329. NAGUMOGAVEERA S/O BOLUMOGAVEERA AGED ABOUT 60 YEARS MEMBERSHIP NO.A21261 330. PREMA SHETTY C/O ASHOKA SHETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.A21541 331. JALAJA C/O GANAPA AGED ABOUT 45 YEARS MEMBERSHIP NO.A14654 332. BASAVARAJ S/O PAKIRA AGED ABOUT 45 YEARS MEMBERSHIP NO.A16555 333. RAMU S/O PANJUMOGAVEERA AGED ABOUT 55 YEARS MEMBERSHIP NO.A20491 334. SHARADA ACHARTHI C/O VENKATARAMANA ACHAR AGED ABOUT 55 YEARS MEMBERSHIP NO.A21237 TALUK UDUPI DISTRICT-576221 - 47 - NC: 2025:KHC:4206 WP No. 858 of 2025 335. GULABISHEDTHI C/O SHIVARAM SHETTY AGED ABOUT 50 YEARS MEMBERSHIP NO.A21238 ALL ARE MEMBERS OF KOTA AGRICULTURAL CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, UGAMA, KOTA, KODANGAYI POST, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 221. …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. KOTA AGRICULTURAL CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. UGAMA, KOTA, KODANGAYI POST, BRAHMAVARA TALUK UDUPI DISTRICT - 576 221, REPRESENTED BY ITS CEO. - 48 - NC: 2025:KHC:4206 WP No. 858 of 2025 4. THE RETURNING OFFICER, KOTA AGRICULTURAL CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. UGAMA, KOTA, KODANGAYI POST, BRAHMAVARA TALUK UDUPI DISRTICT - 576 221. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. K. PRASANNA SHETTY, ADVOCATE FOR R3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS I THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE R3 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 19/01/2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 49 - NC: 2025:KHC:4206 WP No. 858 of 2025 ORAL ORDER Petitioners are seeking to direct respondents 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.3-Society, which was scheduled to be held on 19.01.2025. 2. This Court, by way of interim arrangement on 17.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 19.01.2025 to the Board of Directors of respondent No.3-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 - 50 - NC: 2025:KHC:4206 WP No. 858 of 2025 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- 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 - 51 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 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 - 52 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 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 - 53 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 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 - 54 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 (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 - 55 - NC: 2025:KHC:4206 WP No. 858 of 2025 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; (i) Date and time of counting and declaration of results.” 5. The case of the petitioners is that the petitioners have paid all membership/shareholders due to respondent No.3-Society and attended all the annual general body meetings, in spite of which respondent No.3- Society has dropped the petitioners from the eligible - 56 - NC: 2025:KHC:4206 WP No. 858 of 2025 voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.3-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 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? 1 ILR 2024 KAR 1901 - 57 - NC: 2025:KHC:4206 WP No. 858 of 2025 (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: (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 - 58 - NC: 2025:KHC:4206 WP No. 858 of 2025 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: 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 - 59 - NC: 2025:KHC:4206 WP No. 858 of 2025 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: “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 - 60 - NC: 2025:KHC:4206 WP No. 858 of 2025 (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. (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 - 61 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 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 - 62 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 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 - 63 - NC: 2025:KHC:4206 WP No. 858 of 2025 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 19.01.2025 to the Board of Directors of respondent No.3-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 - 64 - NC: 2025:KHC:4206 WP No. 858 of 2025 the eligible and ineligible voters list and impact of the election to the Board of respondent No.3- Society. iv. All 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 AT List No.: 1 Sl No.: 72 CT: BHK