Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14667 (KAR)

SMT. SARASWATHI. T v. THE STATE OF KARNATAKA

WP/1731/2025 · 2025-02-11

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6130 WP No. 1731 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1731 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. SARASWATHI. T., D/O. TUKRAPPA POOJARY, AGED ABOUT 57 YEARS, MEMBER NO.4345 2. SMT. BABY POOJARY W/O.SANJEEVA POOJARY AGED ABOUT 63 YEARS, MEMBER NO.2842 3. SRI. DINESH BANGERA S/O.LATE GURUVA POOJARY, AGED ABOUT 57 YEARS, MEMBER NO.4648 4. SRI. RAJESH SHETTY S/O.SHIVARAMA SHETTY AGED ABOUT 47 YEARS, MEMBER NO.4658 5. SRI.AJAYA KUMAR S/O.AP KAMAT AGED ABOUT 42 YEARS, MEMBER NO.3914 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6130 WP No. 1731 of 2025 6. SRI.SADANANDA SHETTY S/O.KRISHNA SHETTY AGED ABOUT 58 YEARS, MEMBER NO.4101 7. SRI.CHANDRAIAH BANGERA S/O.KRISHNAPPA BANGERA AGED ABOUT 69 YEARS, MEMBER NO.4142 8. SRI.WINSON DEVATA SALINS S/O.GERSON AGED ABOUT 59 YEARS, MEMBER NO.1095 9. SMT. SHAHSHIREKHA SHETTY, W/O.SEETARAMA SHETTY, AGED ABOUT 56 YEARS, MEMBER NO.4173 10. SMT. BHAVANI W/O.RAMA MOOLYA, AGED ABOUT 72 YEARS, MEMBER NO.4243 11. SRI.KRISHNAMURTHY UPADYA S/O. LAKSHMINARAYA UPADYA, AGED ABOUT 62 YEARS, MEMBER NO.4392 12. SMT. GEETA V RAO W/O. M VENKATARAMANA RAO AGED ABOUT 60 YEARS, MEMBER NO.4429 - 3 - NC: 2025:KHC:6130 WP No. 1731 of 2025 13. SMT.VANI S ACHARYA W/O. SURESH ACHARYA AGED ABOUT 59 YEARS, MEMBER NO.4431 14. SMT. VIJAYA B DEVADIGA W/O. KARIYASHARIGAR AGED ABOUT 59 YEARS, MEMBER NO.3974 15. SRI. RAMESH B SHETTY S/O. BOJA SHETTY, AGED ABOUT 60 YEARS, MEMBER NO.4003 16. SRI.RAVINDRA S/O.PADMANABHA BHANDARI AGED ABOUT 35 YEARS, MEMBER NO.3924 17. SRI. PRADEEP KAMAT S/O. GOKULDAS KAMAT AGED ABOUT 40 YEARS, MEMBER NO.4034 18. SRI.SATISH DEVADIGA S/O.VASU DEVADIGA AGED ABOUT 41 YEARS, MEMBER NO.2911 19. SRI. SHIVARAM P SHETTY, S/O.T ANNAIAH SHETTY, AGED ABOUT 55 YEARS, MEMBER NO.4276 - 4 - NC: 2025:KHC:6130 WP No. 1731 of 2025 20. SRI. RAJARAM SHETTY S/O.SHAMA SHETTY AGED ABOUT 56 YEARS, MEMBER NO.4376 21. SRI.RAGHAVENDRA BALLAL, S/O.MUNDANNA BALLAL AGED ABOUT 54 YEARS, MEMBER NO.4382 22. SRI. PRASHANTH KAMAT S/O.GOKULDAS KAMAT AGED ABOUT 55 YEARS, MEMBER NO.4387 23. SMT. RASHMI S HOLLA W/O. SHRIDHAR HOLLA, AGED ABOUT 50 YEARS, MEMBER NO.4410 24. SMT.SUSHEELA, W/O.MAHABALA POOJARY AGED ABOUT 45 YEARS, MEMBER NO.4439 25. SRI. MURALIDHAR M ACHARYA S/O. GOVINDA ACHARYA, AGED ABOUT 60 YEARS, MEMBER NO.4448 26. SRI. MOHAN UPADYAYA S/O. GOPALA KRISHNA UPADYA AGED ABOUT 43 YEARS, MEMBER NO.4463 - 5 - NC: 2025:KHC:6130 WP No. 1731 of 2025 27. SRI. YASHWANTHA SHETTIGAR S/O. LOKAYYA SHETTIGAR, AGED ABOUT 41 YEARS, MEMBER NO.4471 28. SRI.CHANDRAKANTH S/O.SURAPPA POOJARY AGED ABOUT 40 YEARS, MEMBER NO.4472 29. SRI. ASHOK KAMATH S/O. NARAYANA KAMAT AGED ABOUT 42 YEARS, MEMBER NO.4487 30. SRI.MOHAN ACHARYA S/O.PUNDA LEKHA ACHARYA AGED ABOUT 41 YEARS, MEMBER NO.4527 31. SRI. RAMESH S/O.REDY NAIK HONNEKODI AGED ABOUT 54 YEARS, MEMBER NO.2466 32. SRI. RAVICHANDRA S/O.NARAYANA SHEDTIGAR AGED ABOUT 50 YEARS, MEMBER NO.2814 33. SRI. RAMACHANDRA MANI, S/O.KARPAN AGED ABOUT 47 YEARS, MEMBER NO.3097 - 6 - NC: 2025:KHC:6130 WP No. 1731 of 2025 34. SMT. VINODA W/O. RAMESHA NAYAK AGED ABOUT 43 YEARS, MEMBER NO.3145 35. SRI. MANJUNATHA S/O. VENKATESHA SHET AGED ABOUT 46 YEARS, MEMBER NO.3172 36. SRI.BOJA SHERIGARA S/O. KUDUPA SHERIGARA AGED ABOUT 62 YEARS, MEMBER NO.3230 37. SMT. GIRIJA SHERIGARTI W/O. RAGHURAMA DEVADIGA AGED ABOUT 60 YEARS, MEMBER NO.3248 38. SRI. MAHESHA S/O. RAGHURAMA DEVADIGA AGED ABOUT 47 YEARS, MEMBER NO.3269 39. SMT. VISHALA D/O. JONE BANGERA AGED ABOUT 48 YEARS, MEMBER NO.3274 40. SMT. JAYANTHI SHETTY W/O. THIMMAPPA SHETTY AGED ABOUT 46 YEARS, MEMBER NO.3358 - 7 - NC: 2025:KHC:6130 WP No. 1731 of 2025 41. SMT. RAJANI W/O. LINGAPPA DAS AGED ABOUT 36 YEARS, MEMBER NO.3379 42. SRI. KANNAN DEVAN S/O. KASHIRAJ AGED ABOUT 39 YEARS, MEMBER NO.3419 43. SMT. SHOBA SALAVANKAR. W/O. SHANTARAM SALAVANKAR AGED ABOUT 39 YEARS, MEMBER NO.3462 44. SMT. SHARADA W/O. SHEKHARA POOJARY AGED ABOUT 46 YEARS, MEMBER NO.3514 45. SRI. SHEKHARA S/O. ANTU MADIVATHI AGED ABOUT 39 YEARS, MEMBER NO.3518 46. SRI. CHANDRA SHEKHAR S/O. VASUDEVA ACHARYA AGED ABOUT 47 YEARS, MEMBER NO.3794 47. SRI. PRADEEP KUNDAR S/O. CHANDU MARKALA AGED ABOUT 47 YEARS, MEMBER NO.4436 - 8 - NC: 2025:KHC:6130 WP No. 1731 of 2025 48. SRI. JAYA SHETTY S/O. SHESHAPPA SHETTY AGED ABOUT 52 YEARS, MEMBER NO.664 49. SMT. RADHU SHERIGANTI W/O. BOGRA SHERIGAR AGED ABOUT 61 YEARS, MEMBER NO.968 50. SMT. LALITHA J SHETIGAR W/O. JAIKAN SHETTY SHERIGAR AGED ABOUT 48 YEARS, MEMBER NO.1861 51. SRI. VISHWANATH NAYAK S/O.NARAYAN NAIK, AGED ABOUT 39 YEARS, MEMBER NO.1930 52. SRI. GOPALA KRISHNA BHAT S/O. RAMACHANDRA BHAT AGED ABOUT 48 YEARS, MEMBER NO.1943 53. SRI. RAMACHANDRA S/O. PUTTASHERIGAR, AGED ABOUT 40 YEARS, MEMBER NO.1123 54. SRI. JINSON KOTIYAN S/O.DEVAPPA KOTIYAN AGED ABOUT 62 YEARS, MEMBER NO.1311 - 9 - NC: 2025:KHC:6130 WP No. 1731 of 2025 55. SRI. BHOJA SHERIGAR S/O.BABU SHERIGAR AGED ABOUT 61 YEARS, MEMBER NO.1448 56. SRI. NITHYANANDA SHETTIGARA S/O. RAMA SHERIGARA AGED ABOUT 39 YEARS, MEMBER NO.1503 57. SRI. KARUNAKARA SHETTIGAR S/O. LAXMAN SHETTIGAR AGED ABOUT 67 YEARS, MEMBER NO.1584 58. SRI. GANESH A PRABHU S/O. NAGESH PRABHU AGED ABOUT 60 YEARS, MEMBER NO.1715 59. SMT. SUNANDA K SHETTIGAN W/O. KARUNAKAR SHETTIGAR, AGED ABOUT 57 YEARS, MEMBER NO.1799 60. SRI. YOGISH SHERIGAR S/O. THIMAPPA SHERIGAR AGED ABOUT 49 YEARS, MEMBER NO. 1877 61. SRI. UDAYA BHANDARY S/O. SHANKAR BHANDARY AGED ABOUT 62 YEARS, MEMBER NO. 4047 - 10 - NC: 2025:KHC:6130 WP No. 1731 of 2025 62. SRI. ASHOK B SHETTY S/O. BHOJANGA SHETTY AGED ABOUT 62 YEARS, MEMBER NO.2302 63. SMT. SUNDARI MADIVALTHI, W/O. VENKATA MADIVALA AGED ABOUT 70 YEARS, MEMBER NO.57 64. SRI. SANTOSH SHENOY, S/O. NAGESH SHENOY AGED ABOUT 57 YEARS, MEMBER NO.2742 65. SRI. SURESHA S/O. SANJEEVA MOOLYA, AGED ABOUT 56 YEARS, MEMBER NO. 2836 66. SMT. BABY POOJARTHI W/O. SANJEEVA POOJARY AGED ABOUT 65 YEARS, MEMBER NO.2842 67. SRI. SHAILAJA D/O. THIMAYYA BHANDARI, AGED ABOUT 48 YEARS, MEMBER NO.3157 68. SMT. PUSHPA W/O. JAYA BHANDARI AGED ABOUT 68 YEARS, MEMBER NO.3303 . - 11 - NC: 2025:KHC:6130 WP No. 1731 of 2025 69. SRI. VENKATESHA SHET S/O. G VASUDEVA AGED ABOUT 76 YEARS, MEMBER NO. 2532 70. SMT. SINDHU D/O. LAXMANA AGED ABOUT 59 YEARS, MEMBER NO.2566 71. SRI. RAMESHA DEVADIGA S/O. GOPALA DEVADIGA AGED ABOUT 59 YEARS, MEMBER NO.2582 72. SMT. SUSHEELA W/O. RAMA AGED ABOUT 65 YEARS, MEMBER NO.2664 73. SMT. NIRUPAMA, D/O. RAGHURAMA DEVADIGA AGED ABOUT 36 YEARS, MEMBER NO.2695 74. SRI. SANTOSH RAO, S/O.K RADHAKRISHNA RAO, AGED ABOUT 46 YEARS, MEMBER NO.2743 75. SRI.ARUNA S/O.GOPALA SHERIGARA AGED ABOUT 50 YEARS, MEMBER NO.2758 - 12 - NC: 2025:KHC:6130 WP No. 1731 of 2025 76. SRI. RAVI KUMAR, S/O.RAGHURAMA AGED ABOUT 63 YEARS, MEMBER NO.2736 77. SRI. KARUNAKAR SHETTIGAR S/O. LAZMAN SHETTIGAR, AGED ABOUT 72 YEARS, MEMBER NO.1584 78. SRI. GANAPATHI BHAT, S/O. RAMACHANDRA BHAT AGED ABOUT 56 YEARS, MEMBER NO.4560 79. SRI. SAMPATH S/O. SUNANDA POOJARY AGED ABOUT 42 YEARS, MEMBER NO.4565 80. SRI. KIRAN KUMAR S/O. JAYABARA SHETTIGAR, AGED ABOUT 51 YEARS, MEMBER NO.3440 81. SMT. JALAJA SHERIGARTHI, W/O. KOOKRA SHERIGAR, AGED ABOUT 60 YEARS, MEMBER NO.3479 82. SRI. MOHAN SHERIGARA S/O. KOOKRA SHERIGAR AGED ABOUT 48 YEARS, MEMBER NO.3480 - 13 - NC: 2025:KHC:6130 WP No. 1731 of 2025 83. SRI. SUNDHAKARA ACHARI, S/O. VENKAYYA ACHARI, AGED ABOUT 58 YEARS, MEMBER NO.3475 84. SRI. SURESHA NAIK, S/O. VITTALA NAIK, AGED ABOUT 48 YEARS, MEMBER NO.3610 85. SRI. ASHOK SHETTY, S/O. LACHA SHETTY, AGED ABOUT 60 YEARS, MEMBER NO.3676 86. SMT. PADMAVATHI, W/O. SRINIVASA NAIK, AGED ABOUT 59 YEARS, MEMBER NO.3889 87. SRI. PURANDER SHERIGAR S/O. THOGGU SHERIGAR, AGED ABOUT 59 YEARS, MEMBER NO.3996 88. SMT. PADMAVATHI, W/O. M GOPALA KRISHNA RAO, AGED ABOUT 57 YEARS, MEMBER NO.2198 89. SRI. ABDUL KHADAR S/O. BUDAN SHAHEBA AGED ABOUT 57 YEARS, MEMBER NO.2328 - 14 - NC: 2025:KHC:6130 WP No. 1731 of 2025 90. SMT. BABY W/O. PRAKASHA AGED ABOUT 60 YEARS, MEMBER NO.2336 91. SMT. SUNANDA K SHETTIGAR, W/O. KARUNAKAR, AGED ABOUT 60 YEARS, MEMBER NO.1799 92. SRI. BHASKAR AMIN, S/O. SHESHA POOJARY, AGED ABOUT 60 YEARS, MEMBER NO.2199 93. SRI. BABU NAIK, S/O. SUKADU NAIKA, AGED ABOUT 57 YEARS, MEMBER NO.2766 94. SRI. WINSON SOANS, S/O.SOLOMAN SOANS, AGED ABOUT 62 YEARS, MEMBER NO.457 95. SRI. HARISHA S/O. NARAYANA BELCHADA AGED ABOUT 62 YEARS, MEMBER NO.2955 96. SMT. PREMA SHETTY W/O. SUNDARA SHETTY, AGED ABOUT 45 YEARS, MEMBER NO.3357 - 15 - NC: 2025:KHC:6130 WP No. 1731 of 2025 97. SRI. SRINIVASA RAO, S/O. RAGHUPATHI RAO, AGED ABOUT 40 YEARS, MEMBER NO.3411 98. SMT. PRABHAVATHI, W/O. KRISHNA JATHANNA, AGED ABOUT 56 YEARS, MEMBER NO.3543 99. SRI. GOPALA, S/O. TAALYA, AGED ABOUT 49 YEARS, MEMBER NO.3553 100. SRI. RAMESHA S/O. KORAGA SHERIGARA, AGED ABOUT 48 YEARS, MEMBER NO.3608. 101. SMT. SHANTHA W/O. RAJU BHANDARI, AGED ABOUT 47 YEARS, MEMBER NO.3619 102. SMT. SATHYABHAMA, D/O. SHEENA ACHARYA, AGED ABOUT 61 YEARS, MEMBER NO.3648 103. SRI. MITHUN, S/O. CHANDRA SHEKARA, AGED ABOUT 58 YEARS, MEMBER NO.3683 - 16 - NC: 2025:KHC:6130 WP No. 1731 of 2025 104. SMT. VIJAYALAXMI G SHETTY, W/O. GANESH SHETTY, AGED ABOUT 61 YEARS, MEMBER NO.3706 105. SMT. USHA M W/O. MADHAVA AGED ABOUT 59 YEARS, MEMBER NO.3065 106. SRI. KITTA MOOLYA, S/O.JABBA MOOLYA, AGED ABOUT 67 YEARS, MEMBER NO.1053 107. SRI. LAXMIRAMANA, S/O. VASUDEVA UPADAHYAYA AGED ABOUT 66 YEARS, MEMBER NO.1333 108. SRI. BHASKARA SHETTIGAR, S/O.NARAYANA SHETTIGAR, AGED ABOUT 64 YEARS, MEMBER NO.1958 109. SRI.SHRIPATHI M ACHARYA S/O. GURURAJA ACHARYA, AGED ABOUT 43 YEARS, MEMBER NO.2197 110. SRI. SUNDAR SHETTY, S/O. K ADAPPA SHETTY, AGED ABOUT 54 YEARS, MEMBER NO.1187 - 17 - NC: 2025:KHC:6130 WP No. 1731 of 2025 111. SMT. SEETHA SHETTY, W/O. LATE KRISHNA SHETTY, AGED ABOUT 65 YEARS, MEMBER NO.1204 112. SRI. BHASKAR RAO, K S/O. KRISHNA RAO, AGED ABOUT 73 YEARS, MEMBER NO.3305 113. SMT. JAYA SHETTY, D/O. KAMALA SHETTY, AGED ABOUT 48 YEARS, MEMBER NO.1278 114. SMT. LAXMI DEVI M SHENOY W/O. MARTHAPPA SHENOY AGED ABOUT 48 YEARS, MEMBER NO.1307 115. SMT. TULARI ROA, W/O. BHASKARA RAO, AGED ABOUT 73 YEARS, MEMBER NO.3306. 116. SMT. BABY POOJARI W/O. APPANA POOJARI AGED ABOUT 54 YEARS, MEMBER NO.1859 117. SMT. RADHA POOJARY, S/O. SEENAPOOJARI AGED ABOUT 62 YEARS, MEMBER NO.1907 - 18 - NC: 2025:KHC:6130 WP No. 1731 of 2025 118. SMT. NANCY, W/O. CHRISTIAN SOANS, AGED ABOUT 68 YEARS, MEMBER NO.2114 119. SMT. KITTI POOJARI W/O. BASKARA POOJARI, AGED ABOUT 67 YEARS, MEMBER NO.2270 120. SMT. RADHU POOJARI W/O. UMAKANTH POOJARI, AGED ABOUT 55 YEARS, MEMBER NO.2282 121. SRI. ANAND MOOLYA S/O APPU MOOLYA AGED ABOUT 76 YEARS MEMBER NO.1659 122. SMT. SHARADA W/O THAMMAYYA SHERIGAR AGED ABOUT 73 YEARS MEMBER NO.1582 123. SRI. DINESH DEVADIGA S/O DAMODARA DEVADIGA AGED ABOUT 50 YEARS MEMBER NO.2326 124. SMT. GULABI W/O YOGISH SHERIGAR AGED ABOUT 65 YEARS MEMBER NO.2369 - 19 - NC: 2025:KHC:6130 WP No. 1731 of 2025 125. SRI .GIRISH TANTRI S/O RAGUPATHI TANTRI AGED ABOUT 57 YEARS MEMBER NO.2444 126. SRI.PRAKASH DEVADIGA S/O DAMODARA DEVADIGA AGED ABOUT 48 YEARS MEMBER NO.2460 127. SMT. SHANTHA SHETTIGHARA W/O VYASARAYA SHETTIGHARA AGED ABOUT 60 YEARS MEMBER NO.2563 128. SMT. SHANTHA K PRABHU W/O KRISHNA PRABHU AGED ABOUT 69 YEARS MEMBER NO.2160 129. SRI. SUNDAR U S/O BADIYA HANDA AGED ABOUT 64 YEARS MEMBER NO.2208 130. SMT. RADHA GANIGA W/O GOPALA GANIGA AGED ABOUT 70 YEARS MEMBER NO.2218 131. SMT. BABY SALVANKAR D/O NARAYANA SALVANKAR AGED ABOUT 72 YEARS MEMBER NO.2278 - 20 - NC: 2025:KHC:6130 WP No. 1731 of 2025 132. SRI.APPU SHERIGHAR S/O LATE SHEENA SHERIGHARA AGED ABOUT 65 YEARS MEMBER NO.2300 133. SRI. NARASIMHA KODANCHA S/O LAXIMINARAYANA BHAT AGED ABOUT 60 YEARS MEMBER NO.2355 134. SRI. GANESH SHENOY S/O UMANATH SHENOY AGED ABOUT 56 YEARS MEMBER NO-2392 135. SRI. SUDHAKAR BHANDARY S/O GOPALA BHANDARY AGED ABOUT 58 YEARS MEMBER NO.2435 136. SRI. SAMPATH, S/O SUNNANDA POOJARY AGED ABOUT 43 YEARS MEMBER NO.4565 137. SRI. CHANDRAYA BANGERA S/O KRISHNAPPA BANGERA AGED ABOUT 66 YEARS MEMBER NO.4142 138. SMT. POORNIMA W/O BABU AGED ABOUT 52 YEARS MEMBER NO.3524 - 21 - NC: 2025:KHC:6130 WP No. 1731 of 2025 139. SMT. SUJATHA W/O SRIDHARA RAO AGED ABOUT 56 YEARS MEMBER NO.3577 140. SRI. SRIDHARA RAO S/O SUNDARA RAO AGED ABOUT 70 YEARS MEMBER NO.3578 141. SMT. SHOBHA M HEGDE W/O MADHUSWAMY HEGDE AGED ABOUT 68 YEARS MEMBER NO.3617 142. SRI. RAJARAM SHET S/O SRINIVASA SHET AGED ABOUT 59 YEARS MEMBER NO.3744 143. SRI. SHAILRAJ S/O SHANKARA SHETTY AGED ABOUT 58 YEARS MEMBER NO.3913 144. SMT. SUNANDA BELEHADTHI W/O NARAYANA BELEHADA AGED ABOUT 70 YEARS MEMBER NO.3714 145. SMT. GULABI BHANDARTHI W/O THIMMAYYA AGED ABOUT 72 YEARS MEMBER NO.3857 - 22 - NC: 2025:KHC:6130 WP No. 1731 of 2025 146. SRI. SADASHIVA ACHARYA S/O NARAYANA SHETTY AGED ABOUT 70 YEARS MEMBER NO.4586 147. SRI. SATHHISH ACHARYA S/O KRISHNAYYA ACHARYA AGED ABOUT 58 YEARS MEMBER NO.4587 148. SRI. BHUPENDRA KULAWNATH S/O KULAWANTH GILL AGED ABOUT 56 YEARS MEMBER NO.4593 149. SMT. SANJEEVI SHEDTHI D/O SADANANDA SHETTY AGED ABOUT 74 YEARS MEMBER NO.4613 150. SRI. LAKSHMEESH BALLAL S/O DR. GOPAL KRISHNA BALLAL AGED ABOUT 39 YEARS MEMBER NO.4642 151. SRI. M HEMANTH SHETTY S/O S G SHETTY AGED ABOUT 62 YEARS MEMBER NO.1434 152. SRI. RAGHUSH SHETTY S/O SHEENA SHETTTY AGED ABOUT 68 YEARS MEMBER NO.7258 - 23 - NC: 2025:KHC:6130 WP No. 1731 of 2025 153. SRI. VITTALA POOJARY S/O MUDUKRA POOJARY AGED ABOUT 57 YEARS MEMBER NO.2452 154. SMT. RATHNA K POOJARY W/O KRISHNA POOJARY AGED ABOUT 48 YEARS MEMBER NO.2800 155. SRI. RAMA KRISHNA TANTRY S/O K R SRIDAR TANTRY AGED ABOUT 52 YEARS MEMBER NO.2809 156. SMT. SUMANA D/O ITHU MADIVALA AGED ABOUT 30 YEARS MEMBER NO.2831 157. SRI. SUBRAMANYA RAO S/O RAGHURAMA RAO AGED ABOUT 45 YEARS MEMBER NO.2904 158. SRI. VEERENDRA SHET S/O VENKETESH SHET AGED ABOUT 42 YEARS MEMBER NO.2923 159. SMT. SUMITHRA G ACHAR W/O GURURAJA ACHARYA AGED ABOUT 30 YEARS MEMBER NO.2968 - 24 - NC: 2025:KHC:6130 WP No. 1731 of 2025 160. SMT. RADHIKA B NAYAK W/O BALAKRISHNA NAYAK AGED ABOUT 50 YEARS MEMBER NO.3044 161. SRI. SOMANATHA U S/O LATE KRISHNAPPA U AGED ABOUT 75 YEARS MEMBER NO.3049 162. SRI. PRASAD ACHARYA S/O SRINIVASA ACHARYA AGED ABOUT 60 YEARS MEMBER NO.2498 163. SRI. SURESH SHENOY S/O A NAGESHA SHENOY AGED ABOUT 65 YEARS MEMBER NO.2547 164. SRI. CHANDRAKANTHA PAI S/O RAMAKRISHNA PAI AGED ABOUT 64 YEARS MEMBER NO.2609 165. SMT. CHANDRAVTHI SHETTIGAR W/O SURESH SHETTIGAR AGED ABOUT 52 YEARS MEMBER NO.2692 ALL ARE MEMBERS OF KORANGRAPADI AGRICULTURAL COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETIES ACT 1959. KUKKIKATTE, 76 BADAGABETTU VILLAGE, - 25 - NC: 2025:KHC:6130 WP No. 1731 of 2025 UDUPI TALUK AND DISTRICT - 576 101. …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. KORANGRAPADI AGRICULTURAL CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. KUKKIKATTE, 76 BADAGABETTU VILLAGE, UDUPI TALUK AND DISTRICT - 576 101. REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, KORANGRAPADI AGRICULTURAL COOPERATIVE SOCIETY LTD., KUKKIKATTE, 76 BADAGABETTU VILLAGE, UDUPI TALUK AND DISTRICT - 576 101. …RESPONDENTS (BY SRI. YOGESH B NAIK, AGA FOR R1 AND R4; SRI. T.C. KIRAN KUMAR, ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R3) - 26 - NC: 2025:KHC:6130 WP No. 1731 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 25.01.2025. GRANT AN INTERIM ORDER TO PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE BOARD OF R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 25.01.2025. THIS PETITION, COMING ON FOR ORDERS, 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 respondents to include the names of these petitioners in the final eligible voters list and permit the petitioners to cast their votes in the upcoming elections to the respondent No.3-Society which is scheduled to be held on 25.01.2025.. - 27 - NC: 2025:KHC:6130 WP No. 1731 of 2025 (ii) Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity." 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.Rakshith Kumar, learned counsel for the petitioner and Sri.Yogesh B.Naik, learned Additional Government Advocate for respondent Nos.1 and 4, Sri.T.L.Kiran Kumar, learned counsel for respondent No.2 and Sri.Devi Prasad Shetty, learned counsel for respondent No.3. 4. Counsel for the petitioners submits that the election has been concluded on 25.01.2025 and the petitioners have cast their votes. 5. 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 - 28 - NC: 2025:KHC:6130 WP No. 1731 of 2025 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. 6. It is brought to the 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: 1 2022 (4) AKR 775 - 29 - NC: 2025:KHC:6130 WP No. 1731 of 2025 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 23.01.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, 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. - 30 - NC: 2025:KHC:6130 WP No. 1731 of 2025 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. 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 SS List No.: 2 Sl No.: 10