Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8039 WP No. 1623 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.1623 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI SHIVANANDA (SHARE NO.198/1) S/O LINGAPPA AGED ABOUT 47 YEARS, R/AT. ALAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL-561203. 2. SRI. RAMESH (SHARE NO.93/2) S/O. RAMAIAH, AGED ABOUT 47 YEARS, R/AT. S M GOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 3. SRI. A. BASAVARAJU (SHARE NO. 134/2) S/O ASHWATHAPPA, AGED ABOUT 48 YEARS, R/AT. ALAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 4. SRI KEMPAIAH (SHARE NO. 160/2) S/O. MALLAIAH. AGED ABOUT 65 YEARS. 5. SMT. SHAKUNTHALA (SHARE NO. 165/2) W/O J. D. NAGARAJU, AGED ABOUT 40 YEARS,
6. SMT. ARASAMMA (SHARE NO. 13/3) W/O. MUNISWAMY, AGED ABOUT 85 YEARS,
PETITIONER NOS.4 TO 6 ARE
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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R/AT S.M. GOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL-561203. 7. SMT. ANANDAMMA (SHARE NO.39/3) W/O. CHANNEGOWDA, AGED ABOUT 43 YEARS,
8. SRI. RAMACHANDRAPPA (SHARE NO.109/3) W/O. CHANNAPPA, AGED ABOUT 50 YEARS,
9. SMT. B. V. MANJULA (SHARE NO.111/3) W/O. R. VEERANNA, AGED ABOUT 43 YEARS,
PETITIONER NOS.7 TO 9 ARE R/AT. KUNTANAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 10. SRI. K. MANJUNATHA (SHARE NO.144/3) S/O. HORI KARAGAIAH, AGED ABOUT 46 YEARS,
11. SRI. R. HARISH KUMAR (SHARE NO.33/4) S/O. RAMANJINAPPA, AGED ABOUT 38 YEARS,
PETITIONER NOS.10 & 11 ARE R/AT. EKASHIPURA VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 12. SRI. NAGARAJU (SHARE NO.83/4) S/O. DODDABEERAIAH, AGED ABOUT 48 YEARS,
13. SRI. RAVIKUMAR (SHARE NO.93/4) S/O. HUCHAPPA AGED ABOUT 40 YEARS
14. SRI. KEMPANNA (SHARE NO.106/4)
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S/O. SIDDAPPA AGED ABOUT 64 YEARS
PETITIONER NOS.12 TO 14 ARE R/AT. S M GOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL-561203. 15. SRI. K. MALLESH (SHARE NO.9/5) S/O. KALAPPA AGED ABOUT 48 YEARS R/AT. ALAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 16. SMT. RATHNAMMA (SHARE NO.18/5) W/O BEERAPPA AGED ABOUT 59 YEARS R/AT.S M GOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 17. SRI. NARAYANASWAMY (SHARE NO.35/5) S/O HORI KARAGAIAH AGED ABOUT 56 YEARS
18. SMT. ROOPA (SHARE NO.36/5) W/O NARAYANASWAMY AGED ABOUT 45 YEARS
19. SRI. SUBBAIAH (SHARE NO.37/5) S/O HORI KARAGAIAH AGED ABOUT 52 YEARS
20.
SMT.ANITHA (SHARE NO.42/5) W/O MUNIANJINAPPA AGED ABOUT 60 YEARS
21. SRI. SATHISH (SHARE NO.46/5) S/O MUNIANJINAPPA AGED ABOUT 38 YEARS
PETITIONER NOS.17 TO 21 ARE R/AT.EKASHIPURA VILLAGE, KASABA HOBLI,
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BANGALORE RURAL -561203. 22. SMT. CHANNAMMA (SHARE NO.50/5) W/O. SHIVAKUMAR AGED ABOUT 48 YEARS
23. SRI. VENKATESH (SHARE NO.51/5) S/O. PAPANNA AGED ABOUT 56 YEARS
PETITIONER NOS.22 & 23 ARE R/AT. KUNTANAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 24. SMT. MEENA (SHARE NO.53/5) W/O ASHWATHNARAYANA GOWDA AGED ABOUT 47 YEARS R/AT. ARALUMALLIGE VILLAGE KASABA HOBLI, BANGALORE RURAL-561203. 25. SRI. K.M. MURULI (SHARE NO.54/5) S/O M. MUNEGOWDA AGED ABOUT 44 YEARS
26. SMT. N.V. GAYATHRI (SHARE NO.55/5) W/O K.R. RAGHAVENDRA AGED ABOUT 34 YEARS
27. SRI. K.M. KISHOR (SHARE NO.58/5) W/O K.P. MANJUNATHA AGED ABOUT 41 YEARS
28. SMT. BHARATHI (SHARE NO.61/5) W/O CHIKKEGOWDA AGED ABOUT 50 YEARS
29. SMT. LAVANYA (SHARE NO.62/5) W/O. APPAJIGOWDA AGED ABOUT 29 YEARS
PETITIONER NOS.25 TO 29 ARE R/AT. KUNTANAHALLI VILLAGE, KASABA HOBLI,
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BANGALORE RURAL DISTRICT -561203. 30. SRI. RAMAMURTHY (SHARE NO.86/5) S/O LATE BEERAPPA AGED ABOUT 41 YEARS R/AT.S M GOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL DISTRICT-561203. 31. SRI. HANUMANTHARAJU (SHARE NO.103/5) S/O. NAGARAJAPPA AGED ABOUT 51 YEARS R/AT. ALAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL-561203. 32. SRI. ERAKEMPAIAH (SHARE NO.112/5) S/O. AJJABEERAPPA AGED ABOUT 60 YEARS R/AT.S.M. GOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL DISTRICT -561203. 33. SRI. MUNEGOWDA (SHARE NO.115/5) S/O. MUNISHAMAIAH AGED ABOUT 60 YEARS R/AT. KUNTANAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL -561203. 34. SMT. K.S.MANJULA (SHARE NO.157/5) W/O. A. RRAJANNA AGED ABOUT 60 YEARS R/AT. EKASHIPURA VILLAGE, KASABA HOBLI, BANGALORE RURAL DISTRICT-561203. 35. SMT. BASAMMA (SHARE NO.163/5) W/O ASHWATHAPPA AGED ABOUT 65 YEARS R/AT. ALAHALLI VILLAGE, KASABA HOBLI, BANGALORE RURAL DISTRICT-561203. 36. SRI DEVARAJU (SHARE NO.59/6)
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S/O. GOPALAPPA AGED ABOUT 43 YEARS
37.
SRI S. SHIVAKUMAR (SHARE NO.60/6) S/O SRI RAMAIAH AGED ABOUT 41 YEARS
38. SRI RUPESH (SHARE NO.63/6) S/O BAIRAPPA AGED ABOUT 49 YEARS
PETITONER NOS.36 TO 38 ARE R/AT. ALAHALLI VILLAGE, KASABA HOBLI BANGALORE RURAL-561203. 39. SMT. RAMAKKA (SHARE NO.75/9) W/O PAPANNA AGED ABOUT 48 YEARS
40. SMT. GOWRAMMA (SHARE NO.80/6) W/O SIDDALINGACHAR AGED ABOUT 52 YEARS
41. SRI T.S. HARISHKUMAR (SHARE NO.89/6) S/O SRINVAS AGED ABOUT 36 YEARS
42. SRI KESHAVAMURTHY (SHARE NO.92/6) S/O MUNEGOWDA AGED ABOUT 48 YEARS
43. SMT. AKKAYAMMA (SHARE NO.94/6) W/O NARAYANAPPA AGED ABOUT 58 YEARS
44. SMT. UMADEVI (SHARE NO.105/6) W/O BAREGOWDA, AGED ABOUT 57 YEARS
45. SRI A.V. VINOD KUMAR (SHARE NO.113/6) S/O VEERANNA AGED ABOUT 38 YEARS
PETITIONER NOS.39 TO 45 ARE R/AT. KUNTANAHALLI VILLAGE,
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KASABA HOBLI, BANGALORE RURAL-561203. 46. SRI CHANNAPPA (SHARE NO.124/6) S/O NAGAPPA AGED ABOUT 50 YEARS
47. SRI R. SHIVAKUMAR (SHARE NO.126/6) S/O RAMAKRISHNAPPA AGED ABOUT 49 YEARS
48. SRI CHANDRAPPA (SHARE NO.127/6) S/O SUBBANNA AGED ABOUT 52 YEARS
49. SRI G. HANUMEGOWDA (SHARE NO.144/6) S/O H. GOPALAIAH AGED ABOUT 62 YEARS
50. SRI Y.K. SHYAMASUNDARAMURTHY (SHARE NO.169/7) S/O KARAGEGOWDA AGED ABOUT 47 YEARS
PETITIONER NOS.46 TO 50 ARE R/AT EKASHIPURA VILLAGE, KASABA HOBLI, BANGALORE RURAL-561203. … PETITIONERS
(BY SRI THYAGARAJA B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. B.R. AMBEKDAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY TO GOVERNMENT. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BENAGALURU-560027
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REP. BY ITS CEO. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A-BLOCK, SHANTHINAGAR BUS STAND, DOUBLE ROAD, BENGALURU-560027. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 8TH MAIN 3RD FLOOR, MALLESHWARAM, BENGALURU-560003. 5.
THE RETURNING OFFICER ARALUMALLIGE PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT ARALUMALLIGE, ARALUMALLIGE POST KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT -561203. 6. ARALUMALLIGE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT ARALUMALLIGE, ARALUMALLIGE POST KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. REP. BY RETURNING OFFICER (SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) … RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 TO R-5;
SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2;
R-6 – SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS SCHEDULED TO BE HELD ON 25.01.2025 TO THE RESPONDENT NO.6, CO-OPERATIVE SOCIETY, IN THE INTEREST OF JUSTICE AND EQUITY. - 9 -
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THIS WRIT 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
ORAL ORDER
The petitioners are seeking for the following prayers:-
“i) Issue a writ of mandamus directing the Respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to votes in the elections scheduled to be held on 25.01.2025 to the Respondent No.6, Co-Operative Society, in the interest of justice and equity.
ii) Grant such other and further relief as this Hon’ble Court may deem just and proper in the circumstances of the case.”
2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 25.01.2025 subject to final outcome of this petition.
3. Heard Sri Thyagaraja .B, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for
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respondent Nos.1, 3 to 5 and Sri T.L. Kiran Kumar,
learned counsel for respondent No.2.
4. Respondent No.6 though served has chosen to remain absent.
5. Counsel for the petitioners submits that the election has been held as scheduled on 25.01.2025 and the petitioners have cast their votes.
6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.
7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the
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notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:
ORDER i. Writ petition is disposed of.
ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 25.01.2025.
iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act,
1 2022 (4) AKR 775
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if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim
order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society.
iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard.
v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders.
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vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting.
vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners.
Sd/-
________________________ JUSTICE K.S. HEMALEKHA
MBM List No.: 2 Sl No.: 36