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2025 DAILYLAW 14051 (KAR)

SRI. G.E. RAVI v. THE STATE OF KARNATAKA

WP/1433/2025 · 2025-03-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:5995 WP No. 1433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1433 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. G.E. RAVI S/O. PATEL ESHWARAPPA, AGED ABOUT 51 YEARS. 2. SRI. M.E. BASAVARAJAPPA S/O.ESHWARAPPA, AGED ABOUT 58 YEARS. 3. SRI. M.E. MALLESH S/O. ESHWARAPPA AGED ABOUT 55 YEARS. 4. SRI. M.S. GNANESHAWARA S/O. M. SIDDAPPA AGED ABOUT 65 YEARS. 5. SRI. M.S. PALAKSHAPPA S/O. M. SIDDAPPA AGED ABOUT 66 YEARS. 6. SRI. M.N. MAHARUDRAIAH S/O. NAVILAPPA AGED ABOUT 67 YEARS. 7. SRI. J.R. MALLESHAPPA S/O RAMAPPA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5995 WP No. 1433 of 2025 AGED ABOUT 63 YEARS 8. SRI. N. YOGESHAPPA S/O. N. NANJAPPA AGED ABOUT 64 YEARS. 9. SRI. G.R. BASAVARAJAPPA S/O. GOWDRAMAPPA AGED ABOUT 68 YEARS. 10. SRI. M.V. RAJASHEKHAR S/O M. VEERAIAH AGED ABOUT 54 YEARS. 11. SRI. N. MANJUNATH S/O. N. NANJAPPA AGED ABOUT 55 YEARS. 12. SRI. N. SURESH, S/O. N. NANJUNDAPPA AGED ABOUT 52 YEARS. 13. SRI. GIRIJAMMA W/O. BASAVARAJAIAH AGED ABOUT 56 YEARS. 14. SMT. M.N. SHIVARUDRAMMA, W/O. L.R. ESHWARAIAH AGED ABOUT 58 YEARS. 15. SRI. G.N. RUDRESHAPPA S/O. NANDYAPPA AGED ABOUT 57 YEARS. 16. SMT. M. GEETHA W/O. M.H. MALLESHAPPA - 3 - NC: 2025:KHC:5995 WP No. 1433 of 2025 AGED ABOUT 56 YEARS 17. SRI. A.O.J AYASHANKARA S/O. O. ONKARAPPA AGED ABOUT 52 YEARS. 18. SRI. M.R. GURUNANJAYYA S/O. M. RUDRAIAH AGED ABOUT 52 YEARS. 19. SRI. I.B. MALLESHAPPA S/O. BASAPPA AGED ABOUT 54 YEARS. 20. SMT. YASHODAMMA W/O. H. SHIVAPPA AGED ABOUT 58 YEARS. 21. SRI. M.C. KUMARAIAH S/O. M. CHANDRAIAH AGED ABOUT 53 YEARS. 22. SRI. G.R. SHEKHARAPPA S/O. RAMAPPA AGED ABOUT 65 YEARS. 23. SRI. PATEL ESHWARAPPA S/O. RAMAPPAGOWDA AGED ABOUT 68 YEARS. 24. SRI. H.S. CHANDRU S/O. LATE SHIVAPPA AGED ABOUT 38 YEARS. 25. SRI. M. SHEKHARAIAH S/O. MUDDAVEERAIAH - 4 - NC: 2025:KHC:5995 WP No. 1433 of 2025 AGED ABOUT 68 YEARS. 26. SRI. M.C. CHINNAIAH S/O CHANNABASAPPA AGED ABOUT 70 YEARS. 27. SRI. M. NANDAN S/O. M.H. MALLESHAPPA, AGED ABOUT 36 YEARS. 28. SRI. T.S. DANANJAYA S/O. SIDDAPPA AGED ABOUT 52 YEARS. 29. SRI. K. SWAMY S/O. KALIYAPPA, AGED ABOUT 56 YEARS. 30. SRI. NIRANJANAMURTHY S/O. LATE VEERABHADRACHAR, AGED ABOUT 60 YEARS. 31. SRI. M.Y. RUDRESHAIAH S/O. YOMAKESHAIAH, AGED ABOUT 54 YEARS. 32. SRI. M.Y. VEERESHAIAH S/O. YOMAKESHAIAH, AGED ABOUT 52 YEARS. 33. SRI. M.C. DEVENDRAIAH S/O. M. CHANDRAIAH AGED ABOUT 56 YEARS, 34. SRI. M. THIRTHAIAH S/O.MUDDAVEERAIAH, - 5 - NC: 2025:KHC:5995 WP No. 1433 of 2025 AGED ABOUT 58 YEARS. 35. SRI.M.S.VIRUPAKSHAIAH, S/O. M.SHARANAIAH AGED ABOUT 59 YEARS. 36. SRI.C.ESHWARAIAH, S/O.CHANNABASAIAH, AGED ABOUT 64 YEARS. 37. SRI M.B.PRAKASH S/O.BASAIAH, AGED ABOUT 54 YEARS. 38. SRI.J.SHUBHAKUMAR S/O.M.S.GNANESHWARA, AGED ABOUT 47 YEARS. 39. SRI.J.VISHWAS, S/O.M.S.GNANESHWARA, AGED ABOUT 45 YEARS. 40. SMT.NEELAMMA W/O.M.S.GNANESHWARA, AGED ABOUT 65 YEARS. 41. SMT.JAYAMMA W/O. LATE BOJACHAR AGED ABOUT 67 YEARS. 42. SRI.M.SHEKHARAIAH S/O. MAHADEVAIAH AGED ABOUT 68 YEARS. 43. SMT.G.B.PREMA W/O.G.N.NAGARAJAPPA - 6 - NC: 2025:KHC:5995 WP No. 1433 of 2025 AGED ABOUT 59 YEARS 44. SRI. T.M. NANDYAPPA S/O. MALLAPPA AGED ABOUT 68 YEARS. 45. SRI. T.S. PALAKSHAIAH S/O. SHIVALINGAIAH AGED ABOUT 68 YEARS. 46. SRI. CHANNABASAIAH S/O. SHIVALINGAIAH AGED ABOUT 60 YEARS. 47. SRI. SIDDOJI RAO, S/O. RAMACHANDRAPPA AGED ABOUT 72 YEARS. 48. SMT. KALPANA W/O. K.R. MANJUNATH AGED ABOUT 56 YEARS. 49. SRI. T.N. HIRANNAIAH S/O. T. NAGAPPA AGED ABOUT 48 YEARS. THE PETITIONERS NO.44 TO R9 ARE RESIDENTS OF TADASA VILLAGE AGARADAHALLI POST - 577 227, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT. 50. SRI. B.T. MURALI S/O NAGARATHNAMMA AGED ABOUT 56 YEARS. - 7 - NC: 2025:KHC:5995 WP No. 1433 of 2025 51. SMT. A.G. GIRIJA W/O. T. REVANASIDDAPPA, AGED ABOUT 62 YEARS. 52. SRI. R. MAHENDRA S/O. T. REVANASIDDAPPA, AGED ABOUT 54 YEARS. 53. SMT. C.H. ANANTHALAKSHMI W/O. SATHYANARAYANA AGED ABOUT 65 YEARS. 54. SRI. M.C. MAHENDRA S/O. CHANNABASAPPA, AGED ABOUT 55 YEARS. 55. SRI. M.S. SHADAKSHARI S/O. SIDDAPPA AGED ABOUT 68 YEARS. 56. SRI. H.R. RAJAPPA S/O. H. RAMAPPA, AGED ABOUT 54 YEARS. 57. SRI. A.M. MANJAYYA S/O. M. MAHADEVAIAH AGED ABOUT 56 YEARS THE PETITIONERS NO.50 TO 57 ARE RESIDENTS OF BASAVAPURA VILLAGE, AGARADAHALLI POST - 577 227, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. 58. SRI. H.B. CHANDRASHEKHARA S/O. H.S. BASAVARAJAPPA, AGED ABOUT 52 YEARS. - 8 - NC: 2025:KHC:5995 WP No. 1433 of 2025 59. SRI. RAJAPPA S/O. DASAPPA AGED ABOUT 50 YEARS. THE PETITIONERS NO. 58 AND 59 ARE RESIDENTS OF HANCHINASIDDAPURA AGARADAHALLI POST - 577 227, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI. HARISH N.R, ADVOCATE(ABSENT)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC A BLOCK, SHANTHINAGAR, BENGALURU - 560 027 REPRESENTED BY ITS SECRETARY. 3. DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 4. THE JOINT REGISTRAR FOR CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, VASANTHANAGAR, BENGALURU - 560 052. 5. RETURNING OFFICER, RAITARA ADIKE MARATA MATTU PARISHKARANA SAHAKARA SANGA NIYAMITA - 9 - NC: 2025:KHC:5995 WP No. 1433 of 2025 AND CO-OPERATIVE DEVELOPMENT OFFICER, BHADRAVATI - 577 301, SHIVAMOGGA DISTRICT. 6. RAITARA ADIKE MARATA MATTU PARISHKARANA SAHAKARA SANGA NIYAMITA, BHADRAVATI - 577 301, SHIVAMOGGA DISTRICT, REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER, SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE REGISTRATION ACT. 7. THE UNION OF INDIA, DEPARTMENT OF AGRICULTURE AND CO-OPERATIVE SOCIETIES, NEW DELHI, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. VINAY VENUGOPAL, CGC FOR C/R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA, AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 10 - NC: 2025:KHC:5995 WP No. 1433 of 2025 ORAL ORDER This Court on 22.01.2025 permitted the petitioners to take out hand summons in respect of respondent No.6. 2. Neither the petitioners are present nor the hand summons is taken in compliance of the order dated 22.01.2025. Hence, the petition stands dismissed for non-prosecution. 3. Returning Officer is directed to announce the results without including the votes cast by the petitioners. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 2 CT: BHK