Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:10679 WP No. 1433 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.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 AGED ABOUT 63 YEARS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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 AGED ABOUT 56 YEARS
- 3 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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 AGED ABOUT 68 YEARS. - 4 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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, AGED ABOUT 58 YEARS. - 5 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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 AGED ABOUT 59 YEARS
- 6 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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 49 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. 51. SMT. A.G. GIRIJA W/O. T. REVANASIDDAPPA, AGED ABOUT 62 YEARS. - 7 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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:10679 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) 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
- 9 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
PARISHKARANA SAHAKARA SANGA NIYAMITA 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;
R.6 - SERVED THROUGH HAND SUMMONS)
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:
- 10 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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 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
1 W.P.No.8502/2022 dated 7.6.2022
- 11 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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 Petition is disposed of. ii) The Returning Officer in the above matter is
directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter. 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
- 12 -
NC: 2025:KHC:10679 WP No. 1433 of 2025
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.: 43