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High Court of Karnataka · body

2025 DAILYLAW 14835 (KAR)

KIRAN HEGDE v. THE STATE OF KARNATAKA

WP/2025/2025 · 2025-02-07

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:5641 WP No. 2025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2025 OF 2025 (CS-EL/M) BETWEEN: 1. KIRAN HEGDE S/O DAYANANDA HEGDE AGED ABOUT 60 YEARS MEMBERSHIP NO. 3604 2. THIMMA NAIK S/O KINKI NAIK AGED ABOUT 65 YEARS MEMBERSHIP NO. 3942 3. KALYANI W/O. NARAYAN MULYA AGED ABOUT 68 YEARS MEMBERSHIP NO.4854 4. MADHU SUDHAN S/O. ANTHAPPA POOJARY AGED ABOUT 40 YEARS MEMBERSHIP NO. 4881 5. JAMEELA S/O. ADAM AGED ABOUT 49 YEARS MEMBERSHIP NO. 4919 6. SHANTHAMMA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5641 WP No. 2025 of 2025 D/O UMANA POOJARY AGED ABOUT 70 YEARS MEMBERSHIP NO. 4946 7. BHEEPATUMMA S/O KAASIM N K AGED ABOUT 58 YEARS MEMBERSHIP NO. 5016 8. UMAPATHY S/O DAYANANDA MADIWAL AGED ABOUT 51 YEARS MEMBERSHIP NO. 5105 9. NARAYANA POOJARY S/O DAYANANDA POOJARY AGED ABOUT 51 YEARS MEMBERSHIP NO. 5105 10. IBHRAHIM S/O PUTHU BYARI AGED ABOUT 84 YEARS MEMBERSHIP NO. 5144 11. VISHALAKSHI D/O BHOJARAJA ACHARYA AGED ABOUT 56 YEARS MEMBERSHIP NO. 5159 12. SHOBHA W/O DAMODAR ACHARYA AGED ABOUT 47 YEARS MEMBERSHIP NO. 5160 13. ANWAR HUSSIAN - 3 - NC: 2025:KHC:5641 WP No. 2025 of 2025 S/O SULAIMAN AGED ABOUT 59 YEARS MEMBERSHIP NO. 5166 14. GULABI W/O GOPALA NAIK AGED ABOUT 54 YEARS MEMBERSHIP NO. 5169 15. HUSSIAN MUSLIYAR W/O ISUBU BYARI AGED ABOUT 62 YEARS MEMBERSHIP NO. 5171 16. SAROJINI B P W/O PADMANABA GOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO. 5216 17. MOHAMMADH SHAFIKH S/O ABDUL KHADAR AGED ABOUT 42 YEARS MEMBERSHIP NO. 5240 18. SEETHARAMA S/O HONNAPPA POOJARY AGED ABOUT 49 YEARS MEMBERSHIP NO. 5296 19. SUNITHA SHETTY W/O KESHAVA SHETTY AGED ABOUT 58 YEARS MEMBERSHIP NO. 5303 20. ISMAIL KS S/O ADHAM BYARI - 4 - NC: 2025:KHC:5641 WP No. 2025 of 2025 AGED ABOUT 77 YEARS MEMBERSHIP NO. 5304 21. JALAJAKSHI W/O GOPALA POOJARY AGED ABOUT 46YEARS MEMBERSHIP NO. 5360 22. ABDUL RAZAK S/O YUSUF AGED ABOUT 39 YEARS MEMBERSHIP NO. 5378 23. NAZIR S/O ABBAS AGED ABOUT 32 YEARS MEMBERSHIP NO. 5387 24. JOSHI S/O BHASKARA AGED ABOUT 56 YEARS MEMBERSHIP NO. 5407 25. ABDUL HAMID S/O IBRAHIM AGED ABOUT 61 YEARS MEMBERSHIP NO. 5437 26. KIRAN SHETTY S/O MAHABALA SHETTY AGED ABOUT 32 YEARS MEMBERSHIP NO. 6453 27. MUNEER A S/O ABDHUL REHMAN - 5 - NC: 2025:KHC:5641 WP No. 2025 of 2025 AGED ABOUT 45 YEARS MEMBERSHIP NO. 6699 28. SHIVARAM SHETTY D/O UGGAPPA SHETTY AGED ABOUT 45 YEARS MEMBERSHIP NO. 6317 29. SHRIMATHI D/O JAGANATHA ALVA AGED ABOUT 60 YEARS MEMBERSHIP NO. 6376 30. KHATHIJAMMA W/O ABDHUL RAZAK AGED ABOUT 48 YEARS MEMBERSHIP NO. 6390 31. SAROJINI W/O VENKTAPPA SAPHALYA AGED ABOUT 45 YEARS MEMBERSHIP NO. 6421 32. LALITHA W/O DAMODARA AGED ABOUT 58 YEARS MEMBERSHIP NO. 6424 33. MARIYAMMA W/O MOHAMMAD RIYAZ AGED ABOUT 32 YEARS MEMBERSHIP NO. 6436 34. JUBAIBA S/O HABIBH RAHEMAN - 6 - NC: 2025:KHC:5641 WP No. 2025 of 2025 AGED ABOUT 40 YEARS MEMBERSHIP NO. 6437 35. KALYANI W/O CHANDRA SHEKAR GOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO. 6446 36. CHANDRAVATHI S/O MAHADEVA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. 6462 37. ASHALATHA W/O RAVEENDRA AGED ABOUT 43 YEARS MEMBERSHIP NO. 6469 38. DAMODARA POOJARY S/O VEERAPPA POOJARY AGED ABOUT 52 YEARS MEMBERSHIP NO. 6483 39. LEELA W/O ANANDA POOJARY AGED ABOUT 42 YEARS MEMBERSHIP NO. 6484 40. SAVITHA W/O CHANDRASHEKAR AGED ABOUT 45 YEARS MEMBERSHIP NO. 6498 41. UMAR ISUBU AGED ABOUT 52 YEARS - 7 - NC: 2025:KHC:5641 WP No. 2025 of 2025 MEMBERSHIP NO. 6565 42. SHRIMATHI ALVA W/O KESHAVA ALVA AGED ABOUT 62 YEARS MEMBERSHIP NO. 6606 43. ABDUL IRFAN S/O P K MOOSY AGED ABOUT 34 YEARS MEMBERSHIP NO. 6650 44. SHREE LATHA W/O DHARNAPPA POOJARY AGED ABOUT 38 YEARS MEMBERSHIP NO. 6670 45. GOPALA NAYKA S/O JINAPPA NAYKA AGED ABOUT 50 YEARS MEMBERSHIP NO. 6754 46. SADASHIVA ALVA S/O BABU ALVA AGED ABOUT 69 YEARS MEMBERSHIP NO. 6823 47. AISAMMA S/O HASSAN AGED ABOUT 60 YEARS MEMBERSHIP NO. 6865 48. HARIPRASAD W/O PARAMESHWAR MULYA AGED ABOUT 38 YEARS - 8 - NC: 2025:KHC:5641 WP No. 2025 of 2025 MEMBERSHIP NO. 6964 49. JAYANTHI W/O CHIDANANDA POOJARY AGED ABOUT 44 YEARS MEMBERSHIP NO. 7030 50. VANAJA W/O RAMAKRISHNA AGED ABOUT 42 YEARS MEMBERSHIP NO. 7038 51. PADMAVATHI W/O JAGANNATH ALVA AGED ABOUT 85 YEARS MEMBERSHIP NO. 1736 52. SHASHIKALA KONDE W/O BALAKRISHNA KONDE AGED ABOUT 72 YEARS MEMBERSHIP NO.3427 53. PRASANNA KUMAR NAYAKA S/O RAGHRAM NAYAKA AGED ABOUT 65 YEARS MEMBERSHIP NO. 5467 54. RAMESH ACHARYA S/O JANARDHAN ACHARYA AGED ABOUT 50 YEARS MEMBERSHIP NO. 5483 55. SARSWATHY W/O BABU POOJARY AGED ABOUT 54 YEARS - 9 - NC: 2025:KHC:5641 WP No. 2025 of 2025 MEMBERSHIP NO. 5489 56. ISMAIL W/O ADAM BYARY AGED ABOUT 58 YEARS MEMBERSHIP NO. 5504 57. ABDHUL RAHIMAN S/O IDINABBA AGED ABOUT 63 YEARS MEMBERSHIP NO. 5557 58. BHEEPATHUMMA S/O MOHAMMAD AGED ABOUT 66 YEARS MEMBERSHIP NO. 5587 59. MOHAMMAD SAMAIR S/O HASINAR AGED ABOUT 51 YEARS MEMBERSHIP NO. 5603 60. SHIVA PRASAD S/O SURESH AGED ABOUT 34 YEARS MEMBERSHIP NO. 5702 61. DEVAKI W/O SHANTHAPPA POOJARY AGED ABOUT 52 YEARS MEMBERSHIP NO. 5726 62. PRAVEEN AMRUTH S/O PUAL SALDODAR AGED ABOUT 46 YEARS - 10 - NC: 2025:KHC:5641 WP No. 2025 of 2025 MEMBERSHIP NO. 5771 63. SATHISH S/O THIMMAPPA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. 5799 64. REKHA W/O GIRIYAPPA POOJARY AGED ABOUT 51 YEARS MEMBERSHIP NO. 5824 65. SHOBHA W/O SUNDAR POOJARY AGED ABOUT 42 YEARS MEMBERSHIP NO. 5894 66. DHULAIKA W/O ADDHU BYARI AGED ABOUT 40 YEARS MEMBERSHIP NO. 5937 67. PRASHANTH SHETTY S/O VENKAPPA SHETTY AGED ABOUT 33 YEARS MEMBERSHIP NO. 6037 68. HAMIDH K S/O ISMAIL BYARI AGED ABOUT 51 YEARS MEMBERSHIP NO. 6078 69. SHUBHA W/O JANARDHAN NAYAKA AGED ABOUT 31 YEARS MEMBERSHIP NO. 6105 - 11 - NC: 2025:KHC:5641 WP No. 2025 of 2025 70. ASHWATH S/O NAGAPPA POOJARY AGED ABOUT 28 YEARS MEMBERSHIP NO. 6111 71. LENET NOORHAN W/O SIRIN NOORHAN AGED ABOUT 40 YEARS MEMBERSHIP NO. 6136 72. AVINASHA S/O NAGAPPA POOJARY AGED ABOUT 28 YEARS MEMBERSHIP NO. 6140 73. CHENNAPPA GOWDA S/O KITTAPPA GOWDA AGED ABOUT 30 YEARS MEMBERSHIP NO. 6160 74. ASIKH K S/O HASAINAR P AGED ABOUT 33 YEARS MEMBERSHIP NO. 6165 75. VIMALA S R W/O SURENDRA RAAV AGED ABOUT 31 YEARS MEMBERSHIP NO. 6199 76. MUSSE S/O ABDHUL KHADAR AGED ABOUT 52 YEARS MEMBERSHIP NO. 5066 - 12 - NC: 2025:KHC:5641 WP No. 2025 of 2025 77. RAGHUNATH RAI S/O THIMMAPPA RAI AGED ABOUT 55 YEARS MEMBERSHIP NO. 5752 78. JUBAIDH S/O AADHAM AGED ABOUT 44 YEARS MEMBERSHIP NO.4391 79. SAHUL HAMIDH S/O IDHINABBA AGED ABOUT 63 YEARS MEMBERSHIP NO. 4409 80. SHEENA POOJARY S/O SANJEEV POOJARY AGED ABOUT 68 YEARS MEMBERSHIP NO. 4442 81. SHEENA POOJARY W/O BABU POOJARY AGED ABOUT 65 YEARS MEMBERSHIP NO. 4448 82. KRISHNAVENI W/O SUBHASH CHANDRA AGED ABOUT 48 YEARS MEMBERSHIP NO. 4465 83. HARISH KUMAR S/O SANJEEV SHETTY AGED ABOUT 46 YEARS MEMBERSHIP NO. 4496 - 13 - NC: 2025:KHC:5641 WP No. 2025 of 2025 84. HARISH NAIKA S/O. VENKAPPA NAIK, AGED ABOUT 59 YEARS MEMBERSHIP NO. 4503 85. K MALLIKA W/O GIRIYAPPA POOJARY AGED ABOUT 44 YEARS MEMBERSHIP NO. 4521 86. UMESH KUMAR S/O MUNDAPPA MULYA AGED ABOUT 49 YEARS MEMBERSHIP NO. 4534 87. ISUBHU S/O UMMARABBA AGED ABOUT 73 YEARS MEMBERSHIP NO. 4562 88. KAMALA W/O POOVAPPA POJARY AGED ABOUT 57 YEARS MEMBERSHIP NO. 4595 89. ISUBU S/O AHMED AGED ABOUT 69 YEARS MEMBERSHIP NO. 4601 90. CHANDRAPPA NAIK S/O NARAYANA NAIK AGED ABOUT 57 YEARS MEMBERSHIP NO. 4604 - 14 - NC: 2025:KHC:5641 WP No. 2025 of 2025 91. SUMITHRA W/O JAGANATH POOJARY AGED ABOUT 44 YEARS MEMBERSHIP NO. 4612 92. VEENA S PRABHU W/O SHREE KANTH PRABHU AGED ABOUT 62 YEARS MEMBERSHIP NO. 4628 93. VISHWANATH POOJARY S/O NEMU POOJARY AGED ABOUT 46 YEARS MEMBERSHIP NO. 4629 94. CHANDRAVATHI W/O VENKAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO. 4634 95. MOHINI W/O SUNDAR POOJARY AGED ABOUT 59 YEARS MEMBERSHIP NO. 4279 96. PREMA W/O CHENDRAHAASA AGED ABOUT 42 YEARS MEMBERSHIP NO. 4686 97. REHANA SULTHAN W/O AHAMMED KHAN AGED ABOUT 42 YEARS MEMBERSHIP NO. 4780 - 15 - NC: 2025:KHC:5641 WP No. 2025 of 2025 98. VISHWA KIRAN S/O VASAPPA POOJARY AGED ABOUT 41 YEARS MEMBERSHIP NO. 4817 99. HEMALATHA W/O RAMANNA POOJARY AGED ABOUT 49 YEARS MEMBERSHIP NO. 4821 100. MOHAMMAD AZARUDDIN S/O KAREEM AGED ABOUT 42 YEARS MEMBERSHIP NO. 4836 101. JANARDHAN POOJARY S/O TUKRA POOJARY AGED ABOUT 50 YEARS MEMBERSHIP NO. 3738 102. ABDHUL KHADAR S/O HUSSIAN B HAJI AGED ABOUT 38 YEARS MEMBERSHIP NO. 4170 103. ABDHUL KHADAR S/O MOHAMAD AGED ABOUT 65 YEARS MEMBERSHIP NO. 3786 104. ABDHUL KHADAR MUSLIYAR S/O UMMAR MUSLIYAR AGED ABOUT 62 YEARS MEMBERSHIP NO. 3820 - 16 - NC: 2025:KHC:5641 WP No. 2025 of 2025 105. CHANDRAVATHI W/O VENKAPPA POOJARY AGED ABOUT 41 YEARS MEMBERSHIP NO. 3859 106. ABDHUL K S/O IDDHI BYARI AGED ABOUT 60 YEARS MEMBERSHIP NO. 3921 107. GURUVAPPA POOJARY S/O MUDARA POOJARY AGED ABOUT 65 YEARS MEMBERSHIP NO. 3943 108. NEELAPPA POOJARY S/O MONAPPA POOJARY AGED ABOUT 58 YEARS MEMBERSHIP NO. 3971 109. HARISHA S/O LOKU POOJARY AGED ABOUT 53 YEARS MEMBERSHIP NO. 4010 110. VISHWANATHA S/O SOMANATHA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4039 111. SUMATHI ALVA D/O SADASHIVA ALVA AGED ABOUT 58 YEARS MEMBERSHIP NO. 4068 - 17 - NC: 2025:KHC:5641 WP No. 2025 of 2025 112. MONAPPA POOJARY S/O VISHWANATHA POOJARY AGED ABOUT 57 YEARS MEMBERSHIP NO. 4044 113. KALYANI W/O MAHABALA SHETTY AGED ABOUT 62 YEARS MEMBERSHIP NO. 4152 114. GOPALA POOJARY S/O BAALAPPA POOJARY AGED ABOUT 58 YEARS MEMBERSHIP NO. 4167 115. PRASHANTH PL S/O LOKAYYA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. 4177 116. HAMIDH S/O USMAAN AGED ABOUT 55 YEARS MEMBERSHIP NO. 4178 117. HAAJIRA S/O ABDUL AP AGED ABOUT 49 YEARS MEMBERSHIP NO. 4185 118. SUSHEELA W/O CHENNAPPA GOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO. 4202 - 18 - NC: 2025:KHC:5641 WP No. 2025 of 2025 119. GULABI S/O GURUVA AGED ABOUT 57 YEARS MEMBERSHIP NO. 4221 120. VIMALA W/O JAYA POOJARY AGED ABOUT 53 YEARS MEMBERSHIP NO. 4245 121. BABU S/O TANIYA MUGERE AGED ABOUT 58 YEARS MEMBERSHIP NO. 4249 122. BASHEER S/O IBRAHIM K AGED ABOUT 56 YEARS MEMBERSHIP NO. 4279 123. MOHAMAD HAARISH S/O KHADRI BYARI AGED ABOUT 42 YEARS MEMBERSHIP NO. 4319 124. SUSHILA W/O JINNAPPA POOJARY AGED ABOUT 49 YEARS MEMBERSHIP NO. 4324 125. BHAVANI W/O NARAYANA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. 4362 - 19 - NC: 2025:KHC:5641 WP No. 2025 of 2025 126. AMIRUDDIN S S/O SUPHY BYARI AGED ABOUT 60 YEARS MEMBERSHIP NO. 4715 127. NAGESH POOJARY S/O MUNDAPPA POOJARY AGED ABOUT 45 YEARS MEMBERSHIP NO. 4819 128. NARAYANA MULLA S/O MUKU MULYA AGED ABOUT 82 YEARS MEMBERSHIP NO.1389 129. PADMAVATHI D/O JAGHANATH ALVA AGED ABOUT 73 YEARS MEMBERSHIP NO. 1736 130. GURUPADAM HEGDE S/O Y A N HEGDE AGED ABOUT 86 YEARS MEMBERSHIP NO. 2260 131. HONAPPA A S/O KORAGAPPA POOJARY AGED ABOUT 63 YEARS MEMBERSHIP NO. 2293 132. RAMA NAYKA S/O SUBBAYYA NAYKA AGED ABOUT 56 YEARS MEMBERSHIP NO. 2412 - 20 - NC: 2025:KHC:5641 WP No. 2025 of 2025 133. KAASIM K S/O IBHRAHIM BYARI AGED ABOUT 89 YEARS MEMBERSHIP NO. 2448 134. BABU NAYKA S/O SOMA NAYKA AGED ABOUT 56 YEARS MEMBERSHIP NO. 2481 135. BHASKARA S/O DOGRA AGED ABOUT 49 YEARS MEMBERSHIP NO. 2821 136. SANJEEVA SHETTY S/O NARAYANA SHETTY AGED ABOUT 54 YEARS MEMBERSHIP NO. 2853 137. DIKAYA POOJARY S/O PAKEERA POOJARY AGED ABOUT 68 YEARS MEMBERSHIP NO. 2981 138. PUTHU BYARI S/O IBHRAHIM BYARI AGED ABOUT 74 YEARS MEMBERSHIP NO. 3012 139. PADHMANABHA SHETTY W/O BABU SHETTY AGED ABOUT 64 YEARS MEMBERSHIP NO. 3311. - 21 - NC: 2025:KHC:5641 WP No. 2025 of 2025 140. NEELAMMA W/O NAGAPPA GOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO. 3322 141. BHAGEERATHA S/O RAGHURAMA SHETTY AGED ABOUT 72 YEARS MEMBERSHIP NO. 3390 142. POOVAPPA GOWDA S/O KUSAPPA GOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO. 3431 143. RUKHYA D/O H B HUSIAN AGED ABOUT 42 YEARS MEMBERSHIP NO. 3553 144. USMAN S/O HAMIDH BYARI AGED ABOUT 54 YEARS MEMBERSHIP NO. 3634 145. KAMALAKSHI Y W/O KUSHALAPPA GOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO. 3690 146. NARAYANA POOJARY S/O VEERAPPA POOJARY AGED ABOUT 57 YEARS MEMBERSHIP NO. 3695 - 22 - NC: 2025:KHC:5641 WP No. 2025 of 2025 147. PADMANABHA N S/O CHANDU BYRA AGED ABOUT 47 YEARS MEMBERSHIP NO. 3773 148. BHAGYA LAKSHMI W/O KIRAN HEGDE AGED ABOUT 55 YEARS MEMBERSHIP NO. 3775 149. PRAVEEN CHANDRA K S/O SUNDHAR BHANDARI AGED ABOUT 32 YEARS MEMBERSHIP NO. 3805 150. LAKSHMAN MULYA S/O MUNDAPPA MULYA AGED ABOUT 51 YEARS MEMBERSHIP NO. 3780 151. SHREEDHAR POOJARY S/O MUTHAPPA POOJARY AGED ABOUT 54 YEARS MEMBERSHIP NO. 6887 152. ABDUL RAZZAK S/O UMAR HAJI AGED ABOUT 40 YEARS MEMBERSHIP NO. 7532 153. SUJATHA W/O RAMESH AGED ABOUT 45 YEARS MEMBERSHIP NO. 7046 - 23 - NC: 2025:KHC:5641 WP No. 2025 of 2025 154. PREMA D/O DAYANANDA SHETTY AGED ABOUT 42 YEARS MEMBERSHIP NO.7071 155. BALAKRISHNA POOJARY S/O THIMMAPPA POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO. 7076 156. ZAHEEDA W/O SYED AHAMEDH AGED ABOUT 38 YEARS MEMBERSHIP NO. 7084 157. MOHINI N W/O SADANANDA KULLAL AGED ABOUT 42 YEARS MEMBERSHIP NO. 7119 158. ABUBAKKAR SIDDIK S/O ISMAIL AGED ABOUT 45 YEARS MEMBERSHIP NO. 7128 159. RADHAKRISHNA P S/O LOKAYYA POOJARY AGED ABOUT 48 YEARS MEMBERSHIP NO. 7129 160. JAYAKARA S/O BALAPPA GOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 7168 - 24 - NC: 2025:KHC:5641 WP No. 2025 of 2025 161. DEEPTHI W/O BHASKAR AGED ABOUT 30 YEARS MEMBERSHIP NO. 7266 162. POORNIMA W/O SHEKARA POOJARY AGED ABOUT 42 YEARS MEMBERSHIP NO. 7316 163. SUNDARI ALVA W/O NARAYA ALVA AGED ABOUT 58 YEARS MEMBERSHIP NO. 7389 164. SADASHIVA S/O MUNDAPPA POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO. 7434 165. MARSELIN D'SOUZA W/O. FERNANDES D'SOUZA AGED ABOUT 53 YEARS MEMBERSHIP NO. 7448 166. SHRUTHI K S W/O PRASAD T R AGED ABOUT 32 YEARS MEMBERSHIP NO. 7527 167. ABDUL RAHIMAN S/O KUMMIMON AGED ABOUT 63 YEARS MEMBERSHIP NO. 7529 - 25 - NC: 2025:KHC:5641 WP No. 2025 of 2025 168. YUSUF SAEED S/O. ABBAS P AGED ABOUT 49 YEARS MEMBERSHIP NO. 4173 169. K ABBAS KODI S/O ISUBU AGED ABOUT 51 YEARS MEMBER NO. 7263 170. GRACY MENEZES W/O. WALTER AUSTIN DIAS AGED ABOUT 52 YEARS MEMBER NO. 6248 171. KIRAN JOSEPH S/O. INAS D'SOUZA AGED ABOUT 61 YEARS MEMBER NO. 6492 172. SHASHIKALA W/O. HARINAKSHA POOJARY AGED ABOUT 47 YEARS MEMBER NO. 6880 173. SUDHAKARA S/O. SHEKAR SHETTY AGED ABOUT 56 YEARS MEMBER NO. 7351 174. HELLAN D'CUNHO W/O. DENNIS D'CUNHA AGED ABOUT 37 YEARS MEMBER NO. 3987 - 26 - NC: 2025:KHC:5641 WP No. 2025 of 2025 175. ABDULLA A P S/O PAKEERABBA AGED ABOUT 59 YEARS MEMBER NO. 3513 176. MOHAMMAD IQBAL S/O. MAHAMMAD B AGED ABOUT 62 YEARS MEMBER NO. 4419 177. ABDUL MAJEED S/O. B MOHAMMAD AGED ABOUT 40 YEARS MEMBER NO. 5242 178. ISMAIL K S/O. ABDUL RAHIMAN AGED ABOUT 38 YEARS MEMBER NO. 5277 179. ABDUL KHADER S/O. PODIYA BEARY AGED ABOUT 39 YEARS MEMBER NO. 6644 180. SARAMMA W/O. IBRAHIM AGED ABOUT 52 YEARS MEMBER NO. 6826 181. YAHYA K W/O. HAJI HUSSAIN AGED ABOUT 40 YEARS MEMBER NO. 4160 - 27 - NC: 2025:KHC:5641 WP No. 2025 of 2025 182. RASHMI CHETHAN RAI W/O. CHETHAN RAI AGED ABOUT 45 YEARS MEMBER NO. 4174 183. THRIVENI W/O. RAMESH POOJARY AGED ABOUT 45 YEARS MEMBER NO. 4445 184. NOORUDDIN S/O. SULEIMAN AGED ABOUT 51 YEARS MEMBER NO. 4580 185. RAHIMATHULLA S/O. SABATH SAHEB AGED ABOUT 65 YEARS MEMBER NO. 4594 186. ILLYAS S/O. HAMMABBA AGED ABOUT 49 YEARS MEMBER NO. 4605 187. MOHAMMAD MASOOD S/O. YUSUF HAJI AGED ABOUT 50 YEARS MEMBER NO. 5707 188. VATSALA JAIN W/O. JAGADEESH JAIN AGED ABOUT 45 YEARS MEMBER NO. 5821 - 28 - NC: 2025:KHC:5641 WP No. 2025 of 2025 189. SHEIKH RAHAMATHULLA S/O SHEIKH SABAS SAHEB AGED ABOUT 39 YEARS MEMBER NO. 6058 190. AJITH S/O. RAMACHANDRA SHETTY AGED ABOUT 28 YEARS MEMBER NO. 6169 191. ABDUL AZEEZ S/O. ISMAIL L AGED ABOUT 31 YEARS. MEMBER NO. 6861 192. NEBISA W/O. UMMAR AGED ABOUT 26 YEARS MEMBER NO. 7017 193. ISMAIL KH S/O. AHAMAD KUNJNI BEARY AGED ABOUT 48 YEARS MEMBER NO. 7455 194. SURESH P S/O. DOOMA POOJARY AGED ABOUT 38 YEARS MEMBER NO. 5057 195. YASHODHARA S/O. SHEENA NAIKA AGED ABOUT 29 YEARS MEMBER NO. 7183 - 29 - NC: 2025:KHC:5641 WP No. 2025 of 2025 196. RAKSHITH B S/O. RAMANNA GOWDA AGED ABOUT 30 YEARS MEMBER NO. 7281 197. ASHOK PAI B S/O. NARAYANA PAL AGED ABOUT 32 YEARS MEMBER NO. 7297 198. ASHWINI PAI B W/O. ASHOK PAL B AGED ABOUT 33 YEARS MEMBER NO. 7299 199. SHEENA NALKA S/O. ENKAPPA NAIKA AGED ABOUT 41 YEARS MEMBER NO. 7378 200. BHAVYA W/O HARISH KUMAR AGED ABOUT 29 YEARS MEMBER NO. 7537 201. HARIS S/O. ISMAIL AGED ABOUT 48 YEARS MEMBER NO. 4606 202. JANARDHANA NAIKA S/O. KRISHNAPPA NAIKA AGED ABOUT 52 YEARS MEMBER NO. 5312 - 30 - NC: 2025:KHC:5641 WP No. 2025 of 2025 203. BHAVANI W/O. DEJAPPA POOJARY AGED ABOUT 42 YEARS MEMBER NO. 5317 204. KUSUMAVATHI W/O. RADHAKRISHNA POOJARY AGED ABOUT 52 YEARS MEMBER NO. 5809 205. RAJEEVI W/O. DERANNA POOJARY AGED ABOUT 56 YEARS MEMBER NO. 5825 206. SAPIYA W/O. ABOOBAKKAR AGED ABOUT 30 YEARS MEMBER NO. 6458 207. MAHAMMAD ASHRAF T K ABOOBAKKAR AGED ABOUT 46 YEARS MEMBER NO. 6757 208. KUSUMA W/O. NARNAPPA POOJARY AGED ABOUT 39 YEARS MEMBER NO. 7259 209. AVVAMMA W/O. ABDUL KHADER AGED ABOUT 24 YEARS MEMBER NO. 7304 - 31 - NC: 2025:KHC:5641 WP No. 2025 of 2025 210. MOHANA GOWDA S/O. KORAGAPPA GOWDA AGED ABOUT 29 YEARS MEMBER NO. 7487 211. VENKAPPA NAIKA S/O. THUKRA NAIKA AGED ABOUT 60 YEARS MEMBER NO. 7475 212. SUSHMA B K W/O. SATHISH POOJARY AGED ABOUT 42 YEARS MEMBER NO. 6817 213. ISMAIL K S/O ABDUL RAHIMAN AGED ABOUT 52 YEARS, MEMBER NO. 5277 214. MOHAMMED HANEEF S/O. ABDUL RAHIMAN, AGED ABOUT 46 YEARS, MEMBER NO. 7120 215. PUSHPA S/O. DARNAPPA POOJARY AGED ABOUT 53 YEARS, MEMBER NO.4204 216. PRABHAVATHI W/O. POOJARY GURUWAPPA AGED ABOUT 48 YEARS, MEMBER NO.4257 - 32 - NC: 2025:KHC:5641 WP No. 2025 of 2025 217. KUSUMAVATHI W/O. RADHA KRISHNA POOJARY AGED ABOUT 45 YEARS, MEMBER NO. 5809 218. ABDUL HAMEED, S/O. ISMAIL AGED ABOUT 54 YEARS, MEMBER NO.5830 219. KESHAVA POOJARY S/O. POOVAPPA POOJARY AGED ABOUT 55 YEARS, MEMBER NO. 5939 220. ABDUL SATTAR, S/O IBRAHIM, AGED ABOUT 38 YEARS, MEMBER NO. 6110 221. ANISHA FATHIMA W/O. UMAR FAROOQ B AGED ABOUT 31 YEARS, MEMBER NO.6497 222. MOHAMMED SABIT S/O. P.K ABBAS AGED ABOUT 28 YEARS, MEMBER NO. 6831 223. ROHAN S/O. BALAKRISHNA DAS AGED ABOUT 26 YEARS, MEMBER NO.7512 - 33 - NC: 2025:KHC:5641 WP No. 2025 of 2025 224. ROSHAN JONIPES W/O.PAL SALVADAR, AGED ABOUT 49 YEARS MEMBER NO.4909 225. RENITA SUPMA W/O.JEEVAN SANTOSH AGED ABOUT 39 YEARS, MEMBER NO. 4924 226. SUMITHRA HEGDE S W/O. SHRIPAL HEGDE AGED ABOUT 54 YEARS, MEMBER NO.5820 227. SHRADDA JAIN D/O. SUMITHRA S AGED ABOUT 51 YEARS, MEMBER NO. 5819 228. SACHIN RAI S/O. KOCHANNA RAI AGED ABOUT 46 YEARS, MEMBER NO. 6540 229. SAVITHA RAI W/O SACHIN RAIN, AGED ABOUT 39 YEARS, MEMBER NO. 6541 230. APPI S/O. HONNAPPA A AGED ABOUT 72 YEARS, MEMBER NO. 1287 231. JANAKI W/O. VEERAPPA GOWDA, AGED ABOUT 68 YEARS, MEMBER NO. 1648 - 34 - NC: 2025:KHC:5641 WP No. 2025 of 2025 232. KAMALA W/O. SANTHAPPA MOOLYA, AGED ABOUT 65 YEARS, MEMBER NO. 3746 233. IQBAL MOHAMMED S/O UMAR B AGED ABOUT 49 YEARS, MEMBER NO.4419 234. KUSUMAVATHI S/O. LINGAPPA GOWDA AGED ABOUT 46 YEARS, MEMBER NO.5080 235. THANIYAPPA S/O BABU NAIKA AGED ABOUT 61 YEARS, MEMBER NO.5205 236. DENNIS D SOUZA S/O. FRANCIS D SOUZA AGED ABOUT 59 YEARS, MEMBER NO.6321 ALL ARE MEMBERS OF NERALAKATTE PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. NERALAKATTE POST, BANTWALA TALUK DAKSHINA KANNADA DISTRICT - 574 253. …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, - 35 - NC: 2025:KHC:5641 WP No. 2025 of 2025 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. NERALAKATTE PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. NERALAKATTE POST, BANTWALA TALUK. DAKSHINA KANNADA DISTRICT - 574 25, REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, NERALAKATTE PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD., NERALAKATTE POST, BANTWALA TALUK. DAKSHINA KANNADA DISTRICT - 574 253. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. DEEPAK, ADVOCATE FOR SRI. A. KESHAVA BHAT, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT 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 OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 29.01.2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 36 - NC: 2025:KHC:5641 WP No. 2025 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners are seeking to direct respondents to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.3-Society, which was scheduled to be held on 29.01.2025. 2. This Court, by way of interim arrangement on 27.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 29.01.2025 to the Board of Directors of respondent No.3-Society subject to the final outcome of this writ petition. 3. Heard Sri. Rakshith Kumar, learned counsel for the petitioners, Sri. Yogesh D. Naik., learned Additional Government Advocate for respondent Nos.1 and 4, Sri. T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri. Deepak, learned counsel for Sri. Keshava Bhat, learned counsel for respondent No.3. - 37 - NC: 2025:KHC:5641 WP No. 2025 of 2025 4. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the Rules’ for short) is not issued. 5. Learned counsel for respondent No.3-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 6. Rule 13-D of the Rules reads as under: “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; - 38 - NC: 2025:KHC:5641 WP No. 2025 of 2025 (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by - 39 - NC: 2025:KHC:5641 WP No. 2025 of 2025 registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. - 40 - NC: 2025:KHC:5641 WP No. 2025 of 2025 (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or - 41 - NC: 2025:KHC:5641 WP No. 2025 of 2025 representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of - 42 - NC: 2025:KHC:5641 WP No. 2025 of 2025 the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; - 43 - NC: 2025:KHC:5641 WP No. 2025 of 2025 (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” 7. The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the Rules and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘Act’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: “9. In the light of the contentions raised, the following questions arise for consideration; 1 ILR 2024 KAR 1901 - 44 - NC: 2025:KHC:5641 WP No. 2025 of 2025 (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 8. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the - 45 - NC: 2025:KHC:5641 WP No. 2025 of 2025 challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following: ORDER Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the - 46 - NC: 2025:KHC:5641 WP No. 2025 of 2025 Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 9. Section 70 of the Act reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– - 47 - NC: 2025:KHC:5641 WP No. 2025 of 2025 (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– - 48 - NC: 2025:KHC:5641 WP No. 2025 of 2025 (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, - 49 - NC: 2025:KHC:5641 WP No. 2025 of 2025 deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 10. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to - 50 - NC: 2025:KHC:5641 WP No. 2025 of 2025 be decided under Section 70 of the Act and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra. 11. 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 others2 (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 Act. Whether the petitioners would incur 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: 2 2022 (4) AKR 775 - 51 - NC: 2025:KHC:5641 WP No. 2025 of 2025 ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes including the votes cast by petitioners in the election held on 25.01.2025 to the Board of Directors of respondent No.3- society and announce the results. 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. - 52 - NC: 2025:KHC:5641 WP No. 2025 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 AT List No.: 2 Sl No.: 40 CT: BHK