Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7271 WP No. 2412 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.2412 OF 2025 (CS-EL/M)
BETWEEN:
1. G.T.DEVEGOWDA
S/O THAMMEGOWDA
AGE ABOUT 50 YEARS MEMBERSHIP NO.204
2. KUMAR.E.S
S/O SHIVALINGAPPA
AGE ABOUT 48 YEARS
MEMBERSHIP NO.359
3. MAHADEVU.M.
S/O MADAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.3094
4. JAYARAMEGOWDA S/O NARAYANEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.2935
5. DINESH S/O KRISHNEGOWDA AGE ABOUT 45 YEARS MEMBERSHIP NO.1168
6. SHIVEGOWDA S/O LATE CHIKKATHAMMAIAH AGE ABOUT 43 YEARS MEMBERSHIP NO.2122
7. KRISHNEGOWDA.B.K.
S/O KENCHEGOWDA
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7271 WP No. 2412 of 2025
AGE ABOUT 47 YEARS MEMBERSHIP NO.253
8. BOREGOWDA S/O CHIKKAHALLEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.1209
9. NANDIGOWDA S/O KULLEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.1696
10. MANJUNATHA.S.
S/O HALLEGOWDA @ SANNEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.1699
11. NARASEGOWDA S/O MULLEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.1840
12. SHIVEGOWDA S/O JAVAREGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.1859
13. JAGADEESH.G.
S/O GANGEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.1891
14. BASAVEGOWDA S/O LAKKEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.2663
15. GANGEGOWDA.A.C.
S/O CHIKKASIDDEGOWDA AGE ABOUT 48 YEARS MEMBERSHIP NO.2725
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NC: 2025:KHC:7271 WP No. 2412 of 2025
16. NAGEGOWDA.M.
S/O MUNIGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO.2813
17. SRINIVASA S/O ANNEGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO.2889
18. BOREGOWDA
S/O BOREGOWDA
AGE ABOUT 59 YEARS
MEMBERSHIP NO.2775
19. GOVINDEGOWDA.D.
S/O DODDEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.2783
20. NINGEGOWDA
S/O SIDDEGOWDA
AGE ABOUT 52 YEARS
MEMBERSHIP NO.2795
21. ANUKUMARA
S/O GOVINDEGOWDA
AGE ABOUT 45 YEARS
MEMBERSHIP NO.4369
22. RAMA NAYAKA S/O DOLLANAYAK AGE ABOUT 52 YEARS MEMBERSHIP NO.1220
23. RAMAKRISHNE GOWDA S/O BOREGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.1525
24. MAHADEVANAYAK S/O KARINAYAK AGE ABOUT 56 YEARS MEMBERSHIP NO.1582
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NC: 2025:KHC:7271 WP No. 2412 of 2025
25. YADHUVAR.G.T.
S/O THAMMEGOWDA AGE ABOUT 45 YEARS MEMBERSHIP NO.185
26. SHIVELINGEGOWDA S/O ANDANIGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.811
27. SIDDARAMEGOWDA S/O MUGGEGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.1399
28. SRIKANTEGOWDA S/O THIMMEGOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.1880
29. LOKESHA S/O THIMMEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.2130
30. SEETHARAMU S/O THIMMEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.2269
31. MANJUNATHA S/O SRINIVASEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.4141
32.
KALLEGOWDA S/O SRINIVASEGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.4142
33. YOGAMURTHY S/O SRINIVASAMURTHY
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AGE ABOUT 53 YEARS MEMBERSHIP NO.1897
34. PREMA KUMARA.B.S.
W/O VEERABHARASWAMY.E.
AGE ABOUT 45 YEARS MEMBERSHIP NO.333
35. KARIGOWDA S/O JAVAREGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.1043
36. NAGEGOWDA S/O SIDDEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.1156
37. BETTEGOWDA S/O LAKKEGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.1514
38. RAMAKRISHNEGOWDA
S/O SIDDALINGEGOWDA
AGE ABOUT 55 YEARS
MEMBERSHIP NO.194
39. RAMESHA.R.
S/O RAMEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.1988
40. SOMASHEKHARA S/O GOWDAIAH AGE ABOUT 54 YEARS MEMBERSHIP NO.2285
41. SURESHA.Y.S.
S/O SANNEMARIGOWDA AGE ABOUT 48 YEARS MEMBERSHIP NO.3319
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NC: 2025:KHC:7271 WP No. 2412 of 2025
42. SIDDARAMEGOWDA S/O KARIGOWDA AGE ABOUT 57 YEARS MEMBERSHIP NO.4809
43. SHIVANNA S/O MADEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.2282
44. GOVINDAIAH S/O DASAIAH AGE ABOUT 48 YEARS MEMBERSHIP NO.1089
45. SWAMY S/O BASAVAIAH AGE ABOUT 52 YEARS MEMBERSHIP NO.1090
46. KEMPAIAH S/O DODDAIAH AGE ABOUT 55 YEARS MEMBERSHIP NO.1169
47. SIDDARAMAIAH S/O MADAIAH AGE ABOUT 53 YEARS MEMBERSHIP NO.1188
48. CHELUVARAJU S/O VAIRAMUDAIAH AGE ABOUT 52 YEARS MEMBERSHIP NO.13
49. MAHALINGEGOWDA S/O LATE NARASIMHEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.1876
50. SHIVARAMEGOWDA S/O KARIGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.503
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NC: 2025:KHC:7271 WP No. 2412 of 2025
51. SHASHIDHAR S/O NANJUNDEGOWDA.Y.K.
AGE ABOUT 54 YEARS MEMBERSHIP NO.2036
52. SWAMY.Y.C.
S/O CHANNEKEGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO.4298
ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU DISTRICT, MYSURU-570001. …PETITIONERS
(BY SRI SANDESH T.B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED 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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU DISTRICT-570001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU DISTRICT-570001.
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NC: 2025:KHC:7271 WP No. 2412 of 2025
5. MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU DISTRICT MYSURU-570001. REPRESENTED BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
6. RETURNING OFFICER
MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MYSURU DISTRICT, MYSURU-570001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
… RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6;
SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2;
SRI S.B. TOTAD, ADVOCATE FOR R-5)
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 TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 (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:7271 WP No. 2412 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.5 which is scheduled to be held on 02.02.2025 vide 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 29.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition.
3. Heard Sri Sandesh T.B., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar,
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NC: 2025:KHC:7271 WP No. 2412 of 2025
learned counsel for respondent No.2 and Sri S.B. Totad,
learned counsel for respondent No.5.
4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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 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.
Learned counsel for respondent No.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and
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cast votes of the petitioners to be included while counting and the results to be announced.
7. 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:
ORDER i. Writ petition is disposed of.
ii. The Returning Officer to count the votes, including the votes cast by petitioners and
1 2022 (4) AKR 775
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announce the results of the election, which was scheduled on 02.02.2025.
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.
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
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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.: 11