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2025 DAILYLAW 15336 (KAR)

S GANESH v. THE STATE OF KARNATAKA

WP/2415/2025 · 2025-02-12

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:6377 WP No. 2415 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. 2415 OF 2025 (CS-EL/M) BETWEEN: 1. S GANESH S/O SRIRAMAPPA AGED ABOUT 55 YEARS, MEMBERSHIP NO.45 2. MADHU S/O RAMESH AGED ABOUT 58 YEARS, MEMBERSHIP NO. B112 3. T RAMACHANDRAN S/O THIMMARAYAPPA AGED ABOUT 60 YEARS, MEMBERSHIP NO. 1284 4. H S LAKSHMINARAYANA AGED ABOUT 61 YEARS, S/O SHANKARA MEMBERSHIP NO. 01337 5. B V SRINIVASA REDDY S/O VENKATA REDDY AGED ABOUT 65 YEARS, MEMBERSHIP NO. 1366 6. G SULOCHANA D/O GANGADHAR AGED ABOUT 55 YEARS, MEMBERSHIP NO. 1415 7. H C CHIKKE GOWDA S/O HANUMANTHU AGED ABOUT 55 YEARS, MEMBERSHIP NO. 1415 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6377 WP No. 2415 of 2025 8. H V SHIVALINGAIAH, S/O VENKATAPPA AGED ABOUT 55 YEARS, MEMBERSHIP NO. 1475 9. NANJUNDASWAMY, S/O RAGHAVENDRA AGED ABOUT 65 YEARS, MEMBERSHIP NO. 1499 10. T D RANGANNA S/O DEVAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO. 1500 11. S VELAYUDHAN S/O SHANKAR AGED ABOUT 61 YEARS MEMBERSHIP NO. 4211 12. C E SRINIVASAMURTHY S/O ERAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.1502 13. H D GOWRAMBA D/O DEVAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.1528 14. S MAHESH S/O SAMPANGI AGED ABOUT 55 YEARS MEMBERSHIP NO. 4211 15. H L KRISHNA S/O LINGANNA AGED ABOUT 55 YEARS MEMBERSHIP NO. 4218 16. N MANMATHAN S/O NARASIMHA AGED ABOUT 58 YEARS MEMBERSHIP NO.1530 - 3 - NC: 2025:KHC:6377 WP No. 2415 of 2025 17. H N VEERESH S/O NAGARAJ AGED ABOUT 65 YEARS MEMBERSHIP NO. 1573 18. SHANTHAKUMAR S/O RAJU AGED ABOUT 50 YEARS MEMBERSHIP NO. 1648 19. K V NARAYANASWAMY S/O VEERANNA AGED ABOUT 60 YEARS MEMBERSHIP NO.1712 20. V RAJENDRAPRASAD S/O VARAPRASAD AGED ABOUT 60 YEARS MEMBERSHIP NO. 1715 21. T V SURESH S/O VENKATESH AGED ABOUT 55 YEARS MEMBERSHIP NO. 1719 22. K N SRINIVAS S/O NAGESH AGED ABOUT 59 YEARS MEMBERSHIP NO. 1727 23. T SRINIVASA MURTHY S/O THYAGARAJ AGED ABOUT 60 YEARS MEMBERSHIP NO.1774 24. K SRINIVAS S/O KENCHAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO. 1785 25. B S KRISHNE GOWDA S/O SHIVANNE GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO. - 4 - NC: 2025:KHC:6377 WP No. 2415 of 2025 26. DAVID S/O SADAYANATHAN AGED ABOUT 62 YEARS MEMBERSHIP NO. 1824 27. S M RAMACHANDRAN S/O MAHESH AGED ABOUT 58 YEARS MEMBERSHIP NO. 28. M SRINIVASA MURTHY S/O MARAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO. 4130 29. C RAMESH S/O CHANNAIAH AGED ABOUT 50 YEARS. MEMBERSHIP NO. 4174 30. V YARISWAMY S/O VENKATESH AGED ABOUT 58 YEARS MEMBERSHIP NO. 4175 31. S MAHESH S/O SONNAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4211 32. GANGADHARAPPA S/O RAMAKRISHNA AGED ABOUT 59 YEARS MEMBERSHIP NO. 4212 33. H L KRISHNA S/O LINGAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO. 4213 34. SRINIVASA S/O RAVINDRA AGED ABOUT 54 YEARS MEMBERSHIP NO. 4263 - 5 - NC: 2025:KHC:6377 WP No. 2415 of 2025 35. S RAMESH S/O SRINIVASA AGED ABOUT 58 YEARS MEMBERSHIP NO. 4264 36. C BHAGYAMMA D/O CHANNAIAH AGED ABOUT 42 YEARS MEMBERSHIP NO. 4313 37. RANGASWAMAIAH S/O NAGARAJ AGED ABOUT 57 YEARS MEMBERSHIP NO. 4321 38. G BALAJI S/O GANGADHAR AGED ABOUT 51 YEARS MEMBERSHIP NO. 4393 39. R MANJUNATH S/O RANGAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 4396 40. SHIVARAME GOWDA S/O RAMANNA AGED ABOUT 52 YEARS MEMBERSHIP NO. 4397 41. H M PUTTAGOWRAMMA D/O MARAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.4403 42. H NANJUNDAIAH S/O HANUMANTHAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 4435 43. T L VIJAYANNA S/O LINGAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO. 4492 - 6 - NC: 2025:KHC:6377 WP No. 2415 of 2025 44. C S VEERABHADRAIAH S/O SAMPANGI AGED ABOUT 62 YEARS MEMBERSHIP NO. 4495 45. S G SHIVANANDA SWAMY S/O GANGADHAR AGED ABOUT 57 YEARS MEMBERSHIP NO. 4544 46. T V MALLIKARJUNA S/O VEERANNA AGED ABOUT 56 YEARS MEMBERSHIP NO. 4545 47. A N TULASIRAM S/O NARAYANA AGED ABOUT 54 YEARS MEMBERSHIP NO. 4579 48. S ANANDARAJU S/O SRINIVAS AGED ABOUT 53 YEARS MEMBERSHIP NO. 4595 49. GOWSAB S/O LATIF AGED ABOUT 51 YEARS MEMBERSHIP NO. 4601 50. Y NATARAJ S/O YOGARAJ AGED ABOUT 49 YEARS MEMBERSHIP NO.4637 51. RANGAIAH S/O MOHAN RAJ AGED ABOUT 57 YEARS MEMBERSHIP NO. 4638 52. N KRISHNOJI RAO S/O NARAYANAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 1914 - 7 - NC: 2025:KHC:6377 WP No. 2415 of 2025 53. YASHWANTH KUMAR D R S/O RANGASWAMY AGED ABOUT 61 YEARS MEMBERSHIP NO. 1945 54. S VASANTHA KUMAR S/O SHANKAR AGED ABOUT 58 YEARS MEMBERSHIP NO. 1978 55. T CHANDR KUMAR S/O THIMAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1979 56. C RAVICHANDRAN S/O CHANDRASHEKAR AGED ABOUT 59 YEARS MEMBERSHIP NO. 1980 57. N SAROJA D/O NARAYAN AGED ABOUT 55 YEARS MEMBERSHIP NO. 1983 58. T N SAMPANGI RAMA REDDY S/O NARAYANA REDDY AGED ABOUT 60 YEARS MEMBERSHIP NO. 1988 59. H GOPAL S/O HANUMANTHAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 1989 60. D VISHWANATH S/O DEVARAJ AGED ABOUT 60 YEARS MEMBERSHIP NO. 2037 61. R SUNDAR S/O RAMANNA AGED ABOUT 59 YEARS MEMBERSHIP NO. 2089 - 8 - NC: 2025:KHC:6377 WP No. 2415 of 2025 62. VIJAYASRI NARAGUNDA S/O RAJESH NARAGUNDA AGED ABOUT 50 YEARS MEMBERSHIP NO. 2107 63. CHICKKACHANAIAH S/O RAGHAVENDRA AGED ABOUT 68 YEARS MEMBERSHIP NO. 221 64. RAVI KUMAR S/O THIMMANNA AGED ABOUT 58 YEARS MEMBERSHIP NO. 34/59 65. NANJUNDASWAMY S/O RAMESH AGED ABOUT 58 YEARS MEMBERSHIP NO. 1498 66. T O GANGANNA S/O OBALAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1500 67. C CHINNA D/O CHANDRA AGED ABOUT 45 YEARS MEMBERSHIP NO. 1513 68. H MUDDAPA S/O HANUMANTHA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1628 69. H GOPAL S/O HARISH AGED ABOUT 55 YEARS MEMBERSHIP NO. 1989 70. N NARASIMHA MURTHY S/O NANDA KUMAR AGED ABOUT 59 YEARS MEMBERSHIP NO. 2162 - 9 - NC: 2025:KHC:6377 WP No. 2415 of 2025 71. S SATISHA S/O SANTOSH AGED ABOUT 58 YEARS MEMBERSHIP NO 2379 72. R SHIVASHANKAR S/O RAJANNA AGED ABOUT 50 YEARS MEMBERSHIP NO. 2913 73. S P PATIL S/O PUTTAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 3787 74. VASIRUDDIN S/O AZAR AGED ABOUT 57 YEARS MEMBERSHIP NO. 3801 75. D RAJAPPA S/O DODDAIAH AGED ABOUT 59 YEARS MEMBERSHIP NO. 3922 76. SRINIVASAIAH S/O RAMACHANDRA AGED ABOUT 59 YEARS MEMBERSHIP NO. 3923 77. R KRISHNAPPA S/O RAJANNA AGED ABOUT 59 YEARS MEMBERSHIP NO. 3966 78. B C RUDRESH S/O CHANDRA AGED ABOUT 44 YEARS MEMBERSHIP NO. 4648 79. SHIVE GOWDA S/O RAMANNA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4649 - 10 - NC: 2025:KHC:6377 WP No. 2415 of 2025 80. SRINIVAS MURTHY S/O RAMANNA AGED ABOUT 53 YEARS MEMBERSHIP NO. 4647 81. BALACHANDRA HEGADE S/O HEMANNA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4719 82. M R SHIVA KUMAR S/O RAJENDRA AGED ABOUT 52 YEARS MEMBERSHIP NO. 4756 83. H R RAMAKRISHNA S/O RAMESH AGED ABOUT 61 YEARS MEMBERSHIP NO. 4765 84. NAGENDRA KUMAR S/O RANGAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO. 4839 85. BASAPPA MUDNAL S/O RANGAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4857 86. U C VEERASWAMY S/O CHANDRASHEKAR AGED ABOUT 53 YEARS MEMBERSHIP NO. 4889. 87. M RAVIKUMAR S/O MARAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO. 4897 88. T KRISHNA S/O THIMAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO. 5186 89. NINGAPPA - 11 - NC: 2025:KHC:6377 WP No. 2415 of 2025 S/O RAMAMURTHY AGED ABOUT 51 YEARS MEMBERSHIP NO. 5061 90. BASAVANANDA S/O NANJUNDA AGED ABOUT 54 YEARS MEMBERSHIP NO. 5104 91. G K SATISH KUMAR S/O KEMPALAH AGED ABOUT 57 YEARS MEMBERSHIP NO. 5186 92. NARENDRA KUMAR S/O RAJANNA AGED ABOUT 52 YEARS MEMBERSHIP NO.5373 93. T PUTTASWAMY S/O THIMAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO. 5187 94. A S MURALIDHARA S/O SEENAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 5212 95. T HANUMAIAH S/O THIRUMALAIAH AGED ABOUT 49 YEARS MEMBERSHIP NO. 5897 96. L HARISH S/O LINGAIAH AGED ABOUT 59 YEARS MEMBERSHIP NO. 1340 97. SHANTHAKUMAR S/O HARISH AGED ABOUT 54 YEARS MEMBERSHIP NO. 1648 98. B D THIPPESWAMY S/O DODDAIAH - 12 - NC: 2025:KHC:6377 WP No. 2415 of 2025 AGED ABOUT 52 YEARS MEMBERSHIP NO. 2169 99. M P SHASHIDHARA S/O PARAMESH AGED ABOUT 55 YEARS MEMBERSHIP NO.4374 100. C SEENAPPA S/O CHANDRAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO. 2654 101. C S RAVI S/O SANTOSH AGED ABOUT 49 YEARS MEMBERSHIP NO. 102. M G SHEKARAPPA S/O GOVINDAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4499 103. M M NAGARAJ S/O MAHESHWARAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 5701 104. H. CHALUVE GOWDA S/O HANUMANTHU AGED ABOUT 55 YEARS MEMBERSHIP NO. 1415 105. H B SHIVALINGAIAH S/O BHASKAR AGED ABOUT 59 YEARS MEMBERSHIP NO. 1475 106. B PRABHAKARAN S/O BASAVARAJ AGED ABOUT 57 YEARS MEMBERSHIP NO. 1492 107. NANJUNDASWAMY S/O NANDEESHA AGED ABOUT 58 YEARS - 13 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO. 1498 108. T D GANGANNA S/O DHANEESH AGED ABOUT 57 YEARS MEMBERSHIP NO. 1500 109. S VELAYUDHAN S/O RAMANATHAN AGED ABOUT 59 YEARS MEMBERSHIP NO.1501 110. C E SRINIVASA MURTHY S/O RAJANNA AGED ABOUT 57 YEARS MEMBERSHIP NO. 1502 111. H N VEERESHA S/O NAGARAJ AGED ABOUT 59 YEARS MEMBERSHIP NO. 1573 112. SHANTHA KUMAR S/O RAMANNA AGED ABOUT 55 YEARS MEMBERSHIP NO. 1648 113. K V NARAYANASWAMY S/O VASANTH AGED ABOUT 55 YEARS MEMBERSHIP NO. 1712 114. V RAJENDRAPRASAD S/O VARADAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.1715 115. P V SURESH S/O VARADAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO. 1719 116. K SRINIVAS S/O KARIYAPPA AGED ABOUT 55 YEARS - 14 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO.1779 117. B S KRISHNE GOWDA S/O SHARANAPPA AGED ABOUT 57 YEARS MEMBERSHIP NO.1785 118. B V SHANKAR REDDY S/O VENKAT REDDY AGED ABOUT 57 YEARS MEMBERSHIP NO. 1897 119. H C CHANNA BASAPPA S/O CHANDRASHEKAR AGED ABOUT 59 YEARS MEMBERSHIP NO. 1907 120. D T ASHWATH S/O THIMAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1909 121. DEVARAJAIH S/O RANGANATH AGED ABOUT 59 YEARS MEMBERSHIP NO. 1920 122. S HARIKRISHNA S/O SAMPATH AGED ABOUT 60 YEARS MEMBERSHIP NO. 1924 123. S SIDDARAJU S/O SADANNA AGED ABOUT 54 YEARS MEMBERSHIP NO. 1927 124. K N RAMANI D/O NANJAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO. 1930 125. H S LEELAMURTHY D/O SHANKARAJU AGED ABOUT 57 YEARS - 15 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO.1932 126. B R NARAYANASWAMY S/O RAGHAVA AGED ABOUT 60 YEARS MEMBERSHIP NO.1971 127. VENKATARAMANAPPA S/O RAJENDRA AGED ABOUT 61 YEARS MEMBERSHIP NO.1972 128. RAMKUMAR S/O RAJU AGED ABOUT 58 YEARS MEMBERSHIP NO.300 129. M N MAHALAKSHMI D/O RAJU AGED ABOUT 59 YEARS MEMBERSHIP NO. 303 130. K P RAJAKUMARA S/O RAMU AGED ABOUT 63 YEARS MEMBERSHIP NO.B-73 131. HEMACHANDRA S/O RAJANNA AGED ABOUT 62 YEARS MEMBERSHIP NO. 34/70 132. GIRIGOWDA S/O RAMAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO. 298 133. Y H SHIVANNA S/O SHIVAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO. 31/46 134. PADMABHAI D/O SURESH AGED ABOUT 82 YEARS - 16 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO. 29/78 135. JAYADEVARAJA URS S/O DEVARAJURS AGED ABOUT 70 YEARS MEMBERSHIP NO. B-52 136. D SIDDAPPA S/O SIDDEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO. 30/09 137. BHASKARSHETTI S/O RAMSHETTI AGED ABOUT 70 YEARS MEMBERSHIP NO. 32/72 138. S NARAYANA S/O THIMMEGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO. 31/85 139. V PUSHPARAJ S/O RAMRAJ AGED ABOUT 65 YEARS MEMBERSHIP NO. 34/20 140. SHANKAR RAO S/O RAMRAO AGED ABOUT 65 YEARS MEMBERSHIP NO. A-104 141. SUBBARAO S/O RAMRAO AGED ABOUT 70 YEARS. MEMBERSHIP NO.1319 142. K K SUMITHRA D/O UTHAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 1414 143. H MUNIKRISHNA S/O RAMKRISHNA AGED ABOUT 59 YEARS - 17 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO. 36/63 144. S NAGARAJ S/O V SAMPANGI AGED ABOUT 60 YEARS MEMBERSHIP NO.34/79 145. R K ASHWATHNARAYAN S/O RAYANNA AGED ABOUT 63 YEARS MEMBERSHIP NO. 1493 146. SISILA D/O RAMU AGED ABOUT 65 YEARS MEMBERSHIP NO. 28/47 147. SARASA D/O RANGANNA AGED ABOUT 68 YEARS MEMBERSHIP NO. 28/48 148. G S PANCHAKSHARI S/O RAMU AGED ABOUT 70 YEARS MEMBERSHIP NO. 28/58 149. T R.LAKSHMI D/O RAMESH AGED ABOUT 60 YEARS MEMBERSHIP NO. 28/47 150. M RAMANNA S/O RAJANNA AGED ABOUT 70 YEARS MEMBERSHIP NO. 28/95 151. L K DEVIKA D/O SAMPATH AGED ABOUT 65 YEARS MEMBERSHIP NO. 30/35 152. FRANSIS KUMAR S/O KUMAR AGED ABOUT 60 YEARS - 18 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO. 32/12 153. B PUTTARAJU S/O NAGARAJ AGED ABOUT 60 YEARS MEMBERSHIP NO. 32/51 154. SRIRAMAPPA S/O RANGANNA AGED ABOUT 65 YEARS MEMBERSHIP NO. 33/23 155. M LAGAMAIAH S/O RAMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO. 33/39 156. JAYARAMAIAH S/O KENCHAPPA AGED ABOUT 64 YEARS MEMBERSHIP NO.33/50 157. GANGANNA GOWDA S/O RAMEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO. 34/22 158. D NAGARAJ S/O RAJU AGED ABOUT 59 YEARS MEMBERSHIP NO. 35/60 159. BABU REDDY S/O GANGANNA AGED ABOUT 60 YEARS MEMBERSHIP NO. 35/61 160. R SHIVA KUMAR S/O GOVINDAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 35/63 161. G K NAGAIAH S/O NAGAPPA AGED ABOUT 60 YEARS - 19 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO. 36/04 162. LAKSHMAN GOWDA S/O RANJEGOWDA AGED ABOUT 61 YEARS MEMBERSHIP NO. 36/22 163. R MANJUSRI S/O SRIKANTAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO. 36/28 164. R RAJESHWARI D/O RAO AGED ABOUT 58 YEARS MEMBERSHIP NO.36/44 165. N MUNISWAMY S/O RAMANNA AGED ABOUT 60 YEARS MEMBERSHIP NO.36/48 166. M GOVINDARAJ S/O RAJU AGED ABOUT 65 YEARS MEMBERSHIP NO.36/59 167. H K JAYARAMAIAH S/O RANGARAJU AGED ABOUT 65 YEARS MEMBERSHIP NO.36/86 168. B ANANDA S/O RAMAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.36/87 169. SRIDHAR HEGDE S/O HEGDE AGED ABOUT 62 YEARS MEMBERSHIP NO. 36/89 170. Y J JAYARAME GOWDA S/O RAME GOWDA AGED ABOUT 60 YEARS - 20 - NC: 2025:KHC:6377 WP No. 2415 of 2025 MEMBERSHIP NO. 37/12 171. VISHWARADHYA S/O ARADHYA AGED ABOUT 59 YEARS MEMBERSHIP NO. A-04 172. SHANTHA KUMAR S/O RAM KUMAR AGED ABOUT 60 YEARS MEMBERSHIP NO. A-79 173. N NAGARAJ S/O RAMU AGED ABOUT 60 YEARS MEMBERSHIP NO. 1-116 174. RAVICHANDRA S S/O RAMACHANDRA AGED ABOUT 59 YEARS MEMBERSHIP NO. B-22 175. RAMESH L K S/O RAMU AGED ABOUT 63 YEARS MEMBERSHIP NO. B-35 ALL ARE MEMBERS OF KARNATAKA RAJYA RASTHE SARIGE NOUKARARA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA, KENGAL HANUMANTHAIAH ROAD, SHANTHINAGARA, BENGALURU-560 027 …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560 001 - 21 - NC: 2025:KHC:6377 WP No. 2415 of 2025 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS COMMISSIONER 3. THE RETURNING OFFICER KARNATAKA RAJYA RASTHE SARIGE NOUKARARA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA KENGAL HANUMANTHAIAH ROAD, SHANTHINAGARA, BENGALURU-560 027 4. KARNATAKA RAJYA RASTHE SARIGE NOUKARARA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA KENGAL HANUMANTHAIAH ROAD SHANTHINAGARA BENGALURU-560 027 BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 and R3; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; SMT. G.V.VEENA, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE RESPONDENT NO.4 SOCIETY BY INCLUDING THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF RESPONDENT NO.4 SOCIETY AND BY PERMITTING THE PETITIONERS TO VOTE AS PER CALENDAR OF EVENTS DATED. 09.01.2025 VIDE ANNEXURE-B ISSUED BY RESPONDENT NO.3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 22 - NC: 2025:KHC:6377 WP No. 2415 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- “i. Issue a writ in the nature of mandamus or any other appropriate writ or direction, directing the respondents to conduct the elections to the respondent No.4 society by including the name of the petitioners in the eligible voters list of respondent No.4 society and by permitting the petitioner to vote as per calendar of events dated 09-01-2025 vide Annexure-B issued by respondent No.3. 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 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 Jai Prakash Reddy .M, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 3, Sri T.L. Kiran Kumar, learned - 23 - NC: 2025:KHC:6377 WP No. 2415 of 2025 counsel for respondent No.2 and Smt. G.V. Veena, learned counsel for respondent No.4. 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.4-Society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to - 24 - NC: 2025:KHC:6377 WP No. 2415 of 2025 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. 1 2022 (4) AKR 775 - 25 - NC: 2025:KHC:6377 WP No. 2415 of 2025 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 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 - 26 - NC: 2025:KHC:6377 WP No. 2415 of 2025 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.: 13