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2025 DAILYLAW 15344 (KAR)

T R PATIL v. THE STATE OF KARNATAKA

WP/2472/2025 · 2025-02-21

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2472 OF 2025 (CS-EL/M) C/W WRIT PETITION NO.3721 OF 2025 (CS-EL/M) IN W.P. No.2472/2025 BETWEEN: T.R. PATIL D/O P.R. THIPPESWAM, AGED ABOUT 38 YEARS, SHARE NO.2218, MEMBER OF SHIVA CREDIT CO-OPERATIVE SOCIETY LTD., HONNALI TALUK, DAVANAGERE DISTRICT-577217. … PETITIONER (BY SRI CHANDRAKANTH R. PATEL, 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, SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE DISTRICT-577001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HONNALI SUB-DIVISION, HONNALI TALUK, DAVANAGERE DISTRICT-577217. 5. CHIEF EXECUTIVE OFFICER, THE SHIVA CREDIT CO-OPERATIVE SOCIETY LTD., HONNALI TALUK, DAVANAGERE DISTRICT-577217 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 6. RETURNING OFFICER SHIVA CREDIT CO-OPERATIVE SOCIETY LTD., HONNALI TALUK, DAVANAGERE DISTRICT-577217 (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 SRIKANTH PATIL K., ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER CONTEST AND VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 09.02.2025. IN W.P. NO.3721/2025 BETWEEN: 1. G R CHANDRAHASAPPA S/O. RUDRAPPA GOWDA, - 3 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 AGED ABOUT 78 YEARS SHARE NO.2214 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. G LEELAVATHI W W/O. RAJASHEKAR, AGED ABOUT 55 YEARS, SHARE NO.2225 3. PRAKASH S/O. MADEVAPPA GOWDA, AGED ABOUT 60 YEARS SHARE NO.4487 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 4. MANJU M D S/O. MAHANTESH RAO, AGED ABOUT 34 YEARS SHARE NO.4287 5. H B RUDRAPPA, S/O. BASAPPA, AGED ABOUT 70 YEARS SHARE NO.2241 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 6. G SHIVAPPA S/O. SIDDAPPA GOWDA, AGED ABOUT 80 YEARS SHARE NO.1531 7. MANGALAMMA W/O. SHADAKSHARI, AGED ABOUT 60 YEARS, SHARE NO.2495 8. CHANDRAPPA G C S/O. CHANABASAPPA, AGED ABOUT 56 YEARS, SHARE NO.2230 9. G S SHADAKSHARI S/O. SIDDABASAPPA GOWDA, AGED ABOUT 72 YEARS SHARE NO.2494 (SENIOR CITIZEN BENEFIT NOT CLAIMED) - 4 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 10. G P SHANMUKAPPA S/O. PANCHAPPA GOWDA, AGED ABOUT 74 YEARS SHARE NO.2226 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 11. G S ESHAWARAPPA S/O. SIDDABASAPPA GOWDA, AGED ABOUT 65 YEARS SHARE NO.2352 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 12. HALAPPA M G S/O. RUDRAPPA M G AGED ABOUT 53 YEARS, SHARE NO.2220 13. H N MALLIKARJUN S/O. NINGAPPA, AGED ABOUT 61 YEARS SHARE NO.4043 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 14. THIPPESWAMY S/O. RAMAPPA GOWDA AGED ABOUT 73 YEARS SHARE NO.2215 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 15. PARVATHAMMA W/O. THIPPESWAMY, AGED ABOUT 62 YEARS SHARE NO.2216 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 16. HALESH P T S/O. THIPPESWAMY, AGED ABOUT 42 YEARS SHARE NO.2217 17. DEEPA K R W/O. HALESH P T AGED ABOUT 39 YEARS SHARE NO.5156 - 5 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 18. M G MALLIKARJUNA S/O. RUDRAPPA M G AGED ABOUT 51 YEARS SHARE NO.2221 19. M G RAJASHEKAR S/O. RUDRAPPA M G AGED ABOUT 49 YEARS SHARE NO.2222 20. OMKARAPPA G C S/O. CHANNAVEERAPPA, AGED ABOUT 65 YEARS SHARE NO.2227 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 21. JAGANATHAPPA GOWDA S/O. NANDYAPPA GOWDA AGED ABOUT 79 YEARS SHARE NO.2231 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 22. SUMITHRAMMA W/O. JAGANATHA GOWDA, AGED ABOUT 65 YEARS SHARE NO.2232 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 23. PARAMESHWARAPPA S/O. NANDYAPPA GOWDA, AGED ABOUT 75 YEARS SHARE NO.2233 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 24. MAHANTESH P S/O. PEROJI RAO AGED ABOUT 40 YEARS SHARE NO.2242 25. VEERABHADRAPPA Y E S/O. VEERAPPA AGED ABOUT 65 YEARS SHARE NO.2243 (SENIOR CITIZEN BENEFIT NOT CLAIMED) - 6 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 26. VEERAPPA H S S/O. SIDDALINGAPPA, AGED ABOUT 64 YEARS SHARE NO.2351 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 27. R V PATIL S/O. VERASHEKARAPPA PATIL AGED ABOUT 70 YEARS SHARE NO.2463 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 28. PALAKASHAPPA S/O. HALAPPA GOWDA G AGED ABOUT 62 YEARS SHARE NO.2888 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 29. RAJARAO S/O. RATHNOJIRAO AGED ABOUT 73 YEARS SHARE NO.4273 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 30. AJITH S/O. VISHWANATH G AGED ABOUT 34 YEARS SHARE NO.4536 31. RUDRESH H M S/O. MALESHAPPA H N AGED ABOUT 51 YEARS SHARE NO.4646 32. ASHA A V W/O. RANGANATHA H V AGED ABOUT 31 YEARS SHARE NO.6770 33. SHARADHAMMA W/O. PARAMESHWARAPPA, AGED ABOUT 78 YEARS SHARE NO.2205 (SENIOR CITIZEN BENEFIT NOT CLAIMED) - 7 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 34. RAVI KUMAR, S/O. PARAMESHWARAPPA, AGED ABOUT 60 YEARS SHARE NO.2206 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 35. USHA RANI W/O. RAVI KUMAR, AGED ABOUT 50 YEARS SHARE NO.2208 36. RAJANNA P S/O. PARAMESHWARAPPA, AGED ABOUT 58 YEARS SHARE NO.2207 37. SIDDESH S/O. MALLIKARJUNAPPA AGED ABOUT 42 YEARS SHARE NO.3943 38. SHRUTHI S L W/O. SIDDESH H N AGED ABOUT 33 YEARS SHARE NO.4854 39. NAGARAJA H G S/O. CHANDRAPPA PATIL AGED ABOUT 56 YEARS SHARE NO.1565 40. RUDRANAGOWDA G S/O. JAYAPPA GOWDA G AGED ABOUT 60 YEARS SHARE NO.1568 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 41. BASAVANAGOWDA H G S/O. BASAPPA, AGED ABOUT 68 YEARS SHARE NO.2340 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 42. PRABHU B C S/O. CHANNABASAPPA B AGED ABOUT 47 YEARS SHARE NO.230 - 8 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 43. SHIVAKUMAR B C S/O. CHANNABASAPPA B AGED ABOUT 50 YEARS SHARE NO.231 44. CHANNABASAPPA B S/O. RAMAPPA AGED ABOUT 88 YEARS SHARE NO.232 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 45. K M MALLIKARJUNA S/O. MAHESHWARAPPA, AGED ABOUT 65 YEARS SHARE NO.4058 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 46. K MANJAPPA S/O. MAHESHWARAPPA K AGED ABOUT 60 YEARS SHARE NO.3407 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 47. P S BASAVARAJU S/O. SHIVAPPA K P, AGED ABOUT 53 YEARS SHARE NO.2075 48. ESHWARAPPA P S S/O. SHIVAPPA K P AGED ABOUT 55 YEARS SHARE NO.2074 49. SATISH D R S/O. RAMAPPA D AGED ABOUT 48 YEARS SHARE NO.3605 50. A B BASAVARAJ S/O. HANUMANTHAPPA A B AGED ABOUT 48 YEARS SHARE NO.4000 51. A B KALAVATHI S/O. HANUMANTHAPPA A B - 9 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 AGED ABOUT 53 YEARS SHARE NO.2803 52. E R LAKSHMIDEVI S/O. LATE RANGAPPA K H AGED ABOUT 50 YEARS SHARE NO.5186 53. JAGADESHWARAPPA T L S/O. LAKSHMAPPA, AGED ABOUT 54 YEARS SHARE NO.2077 54. D MANJUNATHA S/O. BASAPPA AGED ABOUT 25 YEARS SHARE NO.4932 55. N V VEENA W/O.CHANDRAPPA H AGED ABOUT 38 YEARS SHARE NO.4801 56. NARASHIMAPPA C T S/O. THIMAPPA C AGED ABOUT 50 YEARS SHARE NO.2802 57. K GANESHACHAR S/O. CHANDRACHAR, AGED ABOUT 62 YEARS SHARE NO.3945 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 58. PRADEEP S N S/O. NARASHIMAPPA AGED ABOUT 35 YEARS SHARE NO.4738 59. HANUMANTHAPPA GANDI G M S/O. MALAPPA GANDI AGED ABOUT 55 YEARS SHARE NO.3931 60. CHANNABASAPPA B T S/O. THIMAPPA BALAJI - 10 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 AGED ABOUT 56 YEARS SHARE NO.2198 61. KIRAN KUMAR M B S/O. SHIVAMURTHYA AGED ABOUT 35 YEARS SHARE NO.4974 62. SANTOSH KUMAR A J S/O. JAYANNA AGED ABOUT 45 YEARS SHARE NO.2128 63. UMAPATHI S/O. BASAPPA AGED ABOUT 60 YEARS SHARE NO.2570 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 64. MAHENDRAPPA A B S/O. BASAPPA AGED ABOUT 60 YEARS SHARE NO.2571 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 65. BASAVANAGOWDA A B S/O. BASAPPA AGED ABOUT 54 YEARS SHARE NO.2573 66. RUDRESHAPPA H K S/O. HANUMANTHAPPA AGED ABOUT 55 YEARS SHARE NO.2712 67. VANAJAKSHAMMA W/O. PANCHAKSHARI AGED ABOUT 48 YEARS SHARE NO.2987 68. KARIBASAPPA H M S/O. MAHESHWARAPPA, AGED ABOUT 42 YEARS SHARE NO.3313 69. SHIVALINGAPPA S/O. GIRIYAPPA - 11 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 AGED ABOUT 48 YEARS SHARE NO.4172 70. SRINIVASA G M S/O. MAHADEVAPPA AGED ABOUT 49 YEARS SHARE NO.4566 71. PRASANNA K R S/O. RANGASHEPPA AGED ABOUT 44 YEARS SHARE NO.4805 72. CHETAN KUMAR S/O. BASAVARAJAPPA AGED ABOUT 35 YEARS SHARE NO.5153 73. THIMESHAPPA S/O. GIRIYAPPA AGED ABOUT 47 YEARS SHARE NO.1487 74. GIRIYAPPA GOWDA S/O. MAHADEVAPPA GOWDA, AGED ABOUT 57 YEARS SHARE NO.1491 75. BASAVARAJAPPA H K S/O. HANUMANTHAPPA AGED ABOUT 60 YEARS SHARE NO.1504 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 76. L H MANJAPPA S/O. HANUMANTHAPPA, AGED ABOUT 65 YEARS SHARE NO.1510 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 77. G H HALASWAMY S/O. HALESHWAPPA, AGED ABOUT 40 YEARS SHARE NO.4362 78. JAGANATHA K P S/O. PATEL CHANNABASAPPA, - 12 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 AGED ABOUT 78 YEARS SHARE NO.1384 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 79. SHIVAKUMAR G V S/O. VERASHEKARAPPA GOWDA, AGED ABOUT 47 YEARS SHARE NO.4978 80. DEVARAJA H S S/O. SHEKARAPPA, AGED ABOUT 45 YEARS SHARE NO.3336 ALL ARE ABOVE PETITIONERS ARE THE MEMBER OF SHIVA CREDIT CO-OPERATIVE SOCIETY LTD. HONNALI TALUK, DAVANAGERE DISTRICT-577217 ...PETITIONERS (BY SRI CHANDRAKANTH R. PATEL, 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 DAVANAGERE DISTRICT-577001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HONNALI SUB-DIVISION, - 13 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 HONNALI TALUK, DAVANAGERE DISTRICT-577217. 5. CHIEF EXECUTIVE OFFICER THE SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI TALUK, DAVANAGERE DISTRICT-577217. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI TALUK, DAVANAGERE DISTRICT-577217, (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 SRIKANTH PATIL K., 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 PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 09.02.2025 IN THE INTEREST OF JUSTICE AND EQUITY. THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 14 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 ORAL ORDER The petitioner in WP No.2472/2025 is seeking for the following prayers:- "i. Issue a writ of mandamus directing the respondent no.2 to 6 to include the name of the petitioner in the eligible voters list and permit the petitioner contest and votes in the elections to the respondent no.5 which is scheduled to be held on 09.02.2025 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. The petitioners in WP No.3721/2025 is seeking for the following prayers:- "i. Issue a writ of mandamus directing the respondent no.2 to 6 to include the name of the petitioner in the eligible voters list and permit the petitioner votes in the elections to the respondent no.5 which is scheduled to be held on 09.02.2025 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." - 15 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 3. This Court by way of an interim arrangement on permitted the petitioners to cast their votes in the ensuing election scheduled on 09.02.2025 subject to final outcome of these petitions. 4. Heard Sri Chandrakanth R. Patil, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Srikanth Patil .K, learned counsel for respondent No.5. 5. Counsel for the petitioners submits that the election has been held as scheduled on 09.02.2025 and the petitioners have cast their votes. 6. 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 - 16 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 (‘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. 7. Learned counsel for respondent No.5-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. 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, 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 1 2022 (4) AKR 775 - 17 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 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 petitions are 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 09.02.2025. 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. - 18 - NC: 2025:KHC:8057 WP No. 2472 of 2025 C/W WP No. 3721 of 2025 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.: 3