Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6840 WP No. 1876 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.1876 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI B.N. MANJUNATH S/O NARAYAN REDDY, AGED ABOUT 56 YEARS, MEMBERSHIP NO.17
2. SRI M. NAGRAJU S/O MUNISHAMAYYA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.29
3. SRI B.M. GIRISADANANDA SWAMY S/O MUNIANJINAPPA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.49
4. SRI B.H. SOMSHEKHAR S/O HANUMANTHARAYAPPA, AGED ABOUT 43 YEARS, MEMBERSHIP NO. 5. SRI GOWRAMMA W/O B.C. HANUMANTHARAYAPPA, AGED ABOUT 79 YEARS, MEMBERSHIP NO.71
6. SRI H.N. BHAGYAMMA W/O B.C. CHANNARAYAPPA, AGED ABOUT 63 YEAS, MEMBERSHIP NO.81
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:6840 WP No. 1876 of 2025
7. SRI S.A. PUTTARAJU S/O ANJINAPPA, AGED ABOUT 41 YEARS, MEMBERSHIP NO.105
8. SRI B.V. VENKATESHAYA S/O VENKATAIAH, AGED ABOUT 61 YEARS, MEMBERSHIP NO.123
9. SRI PATALAPPA @ (B.S. PATALAYYA) S/O SONAPPA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.145
10. SRI VARALAKSHMI .P W/O PRABHU KUMAR .S AGED ABOUT 57 YEARS, MEMBERSHIP NO.166
11. SRI J. PUTTARAJU S/O ANJINAPPA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.105
12. SRI B.H. SURESH S/O HANUMANTHARAYAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.69
13. SMT. AKKAYAMMA W/O B.T. MUNISUBBAIA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.175
14. SMT. NANJAMMA W/O B.A. RAJANNA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.15
15. SRI NARASIMHAMURTHY S/O POOJAPPA .S
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AGED ABOUT 56 YEARS, MEMBERSHIP NO.75
16. SRI MUNEGOWDA B.M.
S/O MUNISHYAMAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.41
17. SRI SHRINIVASA REDDY S/O NARAYANA REDDY, AGED ABOUT 51 YEARS, MEMBERSHIP NO.214
18. SRI KEMPAVENKATAYYA S/O HUCCHAMALAYYA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.19
19. SMT RADHAMMA W/O SUBHRAMANI, AGED ABOUT 51 YEARS, MEMBERSHIP NO.25
20. SRI LAKSHMINARAYANA S/O MUNIANJINAPPA, AGED ABOUT 63 YEARS, MEMBERSHIP NO.32
21. SMT. INDIRAMMA W/O NARAYANAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.75
22. SRI MUNILAKKAYYA S/O MUNIMARAYYA, AGED ABOUT YEARS, MEMBERSHIP NO.89
23. SRI NANJAPPA S/O MUNIYAPPA, AGED ABOUT 85 YEARS, MEMBERSHIP NO.93
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NC: 2025:KHC:6840 WP No. 1876 of 2025
24. SRI KRISHNAPPA S/O JUNJAPPA, AGED ABOUT 69 YEARS, MEMBERSHIP NO.97
25. SMT. MANJULA W/O ASHWATHAYYA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.102
26. SMT BHARATHI W/O ANJINAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.121
27.
SMT LAKSHMAMMA W/O ANJINAPPA, AGED ABOUT 74 YEARS, MEMBERSHIP NO.128
28. SRI KRISHNAPPA S/O DODAYYA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.146
29. SRI RAJANNA S/O MUNIMARAPPA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.168
30. SRI KUMAR S/O KEMPAVENKATAYYA, AGED ABOUT 49 YEARS MEMBERSHIP NO.184
31. SRI SHIVANNA S/O HANUMANTHRAYAPPA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.79
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NC: 2025:KHC:6840 WP No. 1876 of 2025
32. SRI S.M. JAYARAMAIAH S/O MUNISHAMAIAH, AGED ABOUT 59 YEARS, MEMBERSHIP NO.149
ALL ARE MEMBERS OF BYATHA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BYATHA VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560089. … PETITIONERS
(BY SRI SHIVARAMU H.C., ADVOCATE FOR SRI RAVI SHANKAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT, ALI ASKAR ROAD, BANGALORE-560001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT, ALI ASKAR ROAD, BANGALORE-560001. 5. THE RETURNING OFFICER (SMT. MAMATHA .N)
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NC: 2025:KHC:6840 WP No. 1876 of 2025
BYATHA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BYATHA VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560089. 6. BYATHA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BYATHA VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560089. REP. BY ITS SECRETARY, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
7. SRI S.K. RAJA GOPAL S/O LATE KRISHNAPPA AGED 55 YEARS, R/AT VEERASANDRA VILLAGE, BYATHA POST, HESARAGHATTA (H) BANGALORE NORTH-560089.
(AMENDED V.C.O. DATED 05.02.2025) … RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 TO R-5;
SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2;
SRI DADAKHALANDAR T., ADVOCATE FOR R-7;
SRI VINOD C.S., ADVOCATE FOR R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-6 WHICH IS SCHEDULED TO BE HELD ON 27.01.2025 (ANNEXURE-A). THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
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NC: 2025:KHC:6840 WP No. 1876 of 2025
ORAL ORDER
The petitioners are seeking for the following prayers:-
“i. Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to votes in the elections to the respondent No.6 which is scheduled to be held on 27.01.2025 (Annexure-A) in the interest of justice and equity.
ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.”
2. This Court by way of an interim arrangement on 24.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 27.01.2025 subject to final outcome of this petition.
3. Heard Sri Shivaramu H.C., learned counsel for Sri Ravi Shankar .K, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 5, Sri T.L. Kiran Kumar, learned counsel for respondent
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NC: 2025:KHC:6840 WP No. 1876 of 2025
No.2, Sri Dadakhalandar .T,
learned counsel for respondent No.7 and Sri. Vinod learned counsel for respondent No.6.
4. Reiterating the various contentions raised in the writ petition, learned counsel for the petitioners would mainly urge that the mandatory requirement of Rule 13-D (2-A) of the Karnataka Co-operative Societies Rules, 1960 (‘the Rules’ for short) has not been followed while preparing the eligible and ineligible voters list. It is thus submitted that the petitioners should be treated as an eligible voters and their votes need to be counted as valid votes.
5. Impleading applicant seeks to raise several
contentions including the contentions that petitioner Nos.1 to 16 and 32 do not come under the category of violation of Rule 13-D (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short) and that the petitioners are not entitled to have the benefit of the interim order granted by this Court and thus, the cast
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NC: 2025:KHC:6840 WP No. 1876 of 2025
votes of the petitioners not to be included and counted in the election that was scheduled on 27.01.2025.
6. The society who is the answering party to the present petition has not controverted to the contentions raised by the petitioners that the preparation of the draft list of the eligible members and delegates with the right to vote was not in compliance with Rule 13-D (5) of the Rules as contended by the petitioners.
7. Though the learned counsel for the impleading applicant has raised several contentions, such aspects involve disputed questions of fact, which cannot be adjudicated in writ proceedings which have to be adjudicated before the appropriate authority.
8. 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,
1 2022 (4) AKR 775
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NC: 2025:KHC:6840 WP No. 1876 of 2025
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 27.01.2025.
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
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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.
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.: 5