Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 15449 (KAR)

CHIKKEGOWDA v. THE STATE OF KARNATAKA

WP/2623/2025 · 2025-02-12

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6843 WP No. 2623 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.2623 OF 2025 (CS-EL/M) BETWEEN: 1. CHIKKEGOWDA S/O CHIKKEGOWDA AGED ABOUT 51 YEARS MEMBERSHIP NO.262 2. SRINIVASA S/O BASAVARAJU AGED ABOUT 42 YEARS MEMBERSHIP NO.302 3. BASAVARAJU S/O SHIVANNEGOWDA AGED ABOUT 43 YEARS MEMBERSHIP NO.305 4. NAGEGOWDA S/O MALEGOWDA AGED ABOUT 53 YEARS MEMBERSHIP NO.336 5. SRIKANTA S/O BOGEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.351 6. ETTEGOWDA S/O MALEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.366 7. NEELAMMA W/O CHIKKEGOWDA AGED ABOUT 53 YEARS MEMBERSHIP NO.378 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6843 WP No. 2623 of 2025 8. PANEESH S/O RAJEGOWDA AGED ABOUT 47 YEARS MEMBERSHIP NO.380 9. CHIKKEGOWDA S/O MALEGOWDA AGED ABOUT 39 YEARS MEMBERSHIP NO.343 10. RAVI S/O JAVAREGOWDA AGED ABOUT 42 YEARS MEMBERSHIP NO.257 11. NAGENDRA S/O CHIKKEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.391 12. MAHADEVU S/O NAGEGOWDA AGED ABOUT 51 YEARS MEMBERSHIP NO. 1274 13. ANANDA S/O CHIKKATHAMMEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO. 1310 14. BHASKAR S/O BASAVARAJU AGED ABOUT 49 YEARS MEMBERSHIP NO. 1315 15. CHANDRASHEKAR S/O PUTTABASAVEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.1328 16. SHARATH S/O PUTTABASAVEGOWDA AGED ABOUT 38 YEARS MEMBERSHIP NO. 1329 17. BASAPPA S/O CHENNEGOWDA - 3 - NC: 2025:KHC:6843 WP No. 2623 of 2025 AGED ABOUT 40 YEARS MEMBERSHIP NO. 1454 18. SHIVAMMA W/O CHENNEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO. 1455 19. NINGAMMA W/O JAVAREGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO. 104 20. C.CHANNARAJU W/O GURUSIDDA AGED ABOUT 44 YEARS MEMBERSHIP NO.003 21. RAMESHA S/O CHIKKEGOWDA AGED ABOUT 42 YEARS MEMBERSHIP NO.1362 22. MAHADEVAMMA W/O BASAVEGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.28 23. SAVITHA W/O SANNAMUTTU AGED ABOUT 38 YEARS MEMBERSHIP NO.33 24. BASAMMA W/O CHIKKAKOOSEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.44 25. CHIKKAKOOSEGOWDA S/O KAJJIBECREGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.46 26. PADMA W/O BASAVARAJU AGED ABOUT 45 YEARS MEMBERSHIP NO.47 - 4 - NC: 2025:KHC:6843 WP No. 2623 of 2025 27. SHIVAMMA W/O BASAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.56 28. RAJAKUMAR S/O CHIKKANAGEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.57 29. SWAMY S/O CHIKKANAGEGOWDA AGED ABOUT 35 YEARS MEMBERSHIP NO.58 30. KANAKEGOWDA S/O KANAKEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.92 31. SHIVAMMA W/O KANAKEGOWDA AGED ABOUT 53 YEARS MEMBERSHIP NO.93 32. CHALUVA S/O BASAVEGOWDA AGED ABOUT 46 YEARS MEMBERSHIP NO.296 33. JALAPPA S/O KANAKEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.96 34. KAMALA W/O NAGARAJU AGED ABOUT 45 YEARS MEMBERSHIP NO.115 35. KAVITHA W/O GURUSWAMY AGED ABOUT 45 YEARS MEMBERSHIP NO.66 - 5 - NC: 2025:KHC:6843 WP No. 2623 of 2025 36. PUSHPA W/O SIDDARAMEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.119 37. NINGAMMA W/O BASAVARAJU AGED ABOUT 59 YEARS MEMBERSHIP NO.120 38. GANESHA S/O BASAVARAJU AGED ABOUT 39 YEARS MEMBERSHIP NO.122 39. SHRUTHI W/O MALLESHA AGED ABOUT 35 YEARS MEMBERSHIP NO.146 40. MALLESHA S/O KARIGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.147 41. JAYAMMA W/O NAGEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.153 42. SAROJA W/O BASAVEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.176 43. SAKAMMA W/O BASAVEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.209 44. HARALAIAH S/O JAVAREGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.220 45. MINNAIAH S/O MARIGOWDA - 6 - NC: 2025:KHC:6843 WP No. 2623 of 2025 AGED ABOUT 56 YEARS MEMBERSHIP NO.288 46. SHANKAR S/OMARIGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.289 47. NAGAMMA W/O M BASAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.1335 48. MAHADEVASWAMY S/O CHADRAMA AGED ABOUT 57 YEARS MEMBERSHIP NO. 1343 49. MAYAMMA W/O KENCHEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1418 50. BHASKAR S/O CHIAKKABUDDIGOWDA AGED ABOUT 41 YEARS MEMBERSHIP NO. 1834 51. SHANKAR S/O MARIGOWDA AGED ABOUT 47 YEARS MEMBERSHIP NO. 1887 52. LINGARAJU S/O DEVANAYAKA AGED ABOUT 56 YEARS MEMBERSHIP NO.539 53. P.D. MAHADEVA S/O DEVANNA .P AGED ABOUT 50 YEARS MEMBERSHIP NO.626 54. P.D. MAHENDRA S/O DEVANNA .P AGED ABOUT 48 YEARS MEMBERSHIP NO.627 - 7 - NC: 2025:KHC:6843 WP No. 2623 of 2025 55. GURUSWAMY S/O SIDDANAYAKA AGED ABOUT 56 YEARS MEMBERSHIP NO.648 56. D.S. SIDDALINGAMURTHY S/O SIDDAIAH .D.S AGED ABOUT 58 YEARS MEMBERSHIP NO.716 57. RAGHU S/O SANNAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO.438 58. BHAGYA .N S/O NINGAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.1189 59. P. PUTTARAJU S/O PUTTABASAVAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO.1195 60. D.R. KOMALA S/O DS NATARAJU AGED ABOUT 48 YEARS MEMBERSHIP NO.1257 61. PRABHUSWAMY S/O BASAVALINGAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO.1263 62. LINGARAJU S/O MARILINGAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO.1269 63. MARISWAMY S/O NANJAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO.1260 - 8 - NC: 2025:KHC:6843 WP No. 2623 of 2025 64. LAKSHMI W/O T.S. NINGAIAH AGED ABOUT 41 YEARS MEMBERSHIP NO.1870 65. BEERASHETTY S/O BEERASHETTY AGED ABOUT 55 YEARS MEMBERSHIP NO.97/3 66. BEERASHETTY .M.B S/O BEERASHETTY AGED ABOUT 55 YEARS MEMBERSHIP NO.97/8 67. MARIGOWDA S/O PONNEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.164 ALL ARE MEMBERS OF R/AT DHANAGALLI PRIMARY AGRICULTURE, CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK, MYSURU DISTRICT – 570 001 … 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. - 9 - NC: 2025:KHC:6843 WP No. 2623 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT – 570 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT – 570 001. 5. CHIEF EXECUTIVE OFFICER THE DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK MYSURU DISTRICT – 570 001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK MYSURU DISTRICT – 570 001. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 AND 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 PETITIONER VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 31.01.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 10 - NC: 2025:KHC:6843 WP No. 2623 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- “Issue a writ of mandamus directing the Respondent Nos.2 to 6 to include the name of the petitioners 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 31.01.2025 n 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 30.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 31.01.2025 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, learned counsel for respondent No.2 and Sri S.B. Totad, learned counsel for respondent No.5. - 11 - NC: 2025:KHC:6843 WP No. 2623 of 2025 4. Counsel for the petitioners submits that the election has been held as scheduled on 31.01.2025 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 cast votes of the petitioners to be included while counting and the results to be announced. - 12 - NC: 2025:KHC:6843 WP No. 2623 of 2025 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 announce the results of the election, which was scheduled on 31.01.2025. 1 2022 (4) AKR 775 - 13 - NC: 2025:KHC:6843 WP No. 2623 of 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 shall also be taken into account before passing the final orders. - 14 - NC: 2025:KHC:6843 WP No. 2623 of 2025 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.: 30