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2025 DAILYLAW 15484 (KAR)

SADANANDA KADYA SHETTY v. THE STATE OF KARNATAKA

WP/2611/2025 · 2025-02-06

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:5535 WP No. 2611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2611 OF 2025 (CS-EL/M) BETWEEN: 1. SADANANDA KADYA SHETTY S/O. KADYA SHETTY AGED ABOUT 72 YEARS RESIDING AT KORANTUGUTTU MANE, KALATTURU POST 574106. MEMBER NO.2957. R/AT 9-98, NEHAL SORPU, SHIRVA, UDUPI DISTRICT KARNATAKA-574116. 2. BALAKRISHNA K. KAMATH S/O. TRIVIKRAMA KAMATH AGED ABOUT 64 YEARS RESIDING AT LAKSHMI SARASWATI OPP. BUS STAND, SHIRVA-574116. MEMBER NO.4836. 3. VENUGOPALA .M S/O. KRISHNA BHAT .M AGED ABOUT 65 YEARS RESIDING AT NISARGA KALATHUR POST-574106. MEMBER NO.5718. 4. SAVITHA V.J. W/O. VENUGOPALA .M AGED ABOUT 58 YEARS RESIDING AT NISARGA KALATHUR POST-574106. MEMBER NO.5720. 5. RAMACHANDRA MALLYA S/O. RAGAHAVENDRA MALLYA AGED ABOUT 50 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5535 WP No. 2611 of 2025 RESIDING AT TURNING POINT, NEAR PETROL PUMP SHIRVA POST-574116. MEMBER NO.993. 6. VARIJA MOOLYA W/O. KRISHNA MOOLYA AGED ABOUT 61 YEARS, RESIDING AT KALLANDU MANE KALATHUR POST-574106. MEMBER NO.1786. 7. RAMARAYA S. NAYAK S/O. SHESHAPPA NAYAK AGED ABOUT 70 YEARS RESIDING AT KADAMBU MELMANE MATTAR POST-574116. MEMBER NO.2128. 8. SURESH K. SUVARNA S/O. DEVARAJA SUVARNA AGED ABOUT 62 YEARS RESIDING AT DHARMASHREE NILAYA SUVARNA MAHAL SHIRVA POST-574116. MEMBER NO.2133. 9. RAMANATHA NAYAK S/O. SHRINIVASA NAYAK AGED ABOUT 80 YEARS RESIDING AT KALLOTTU, KELAGINA MANE SHIRVA POST-574116. MEMBER NO.2174. 10. YOGISH KULAL S/O. CHIKKAYYA KULAL AGED ABOUT 55 YEARS RESIDING AT NEAR TELEPHONE EXCHANGE SHIRVA POST-574116. MEMBER NO.2764. 11. S. RAGHUPATHI BHAT S/O. LATE BHOJA BHAT AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:5535 WP No. 2611 of 2025 RESIDING AT VISHNUPRASADA, BALLADIKARE SHIRVA POST-574116. MEMBER NO.2810. 12. ARUNAKARA SHETTY S/O. DEJU SHETTY AGED ABOUT 55 YEARS RESIDING AT KALATHUR HOSAMANE KALATHUR POST-574106. MEMBER NO.3116. 13. BABU POOJARI S/O. THABURA POOJARI AGED ABOUT 60 YEARS RESIDING AT DADDINA GUDDE MANE SHIRVA POST-574116. MEMBER NO.3763. 14. MANOHARA SHETTY S/O. NARAYANA SHETTY AGED ABOUT 65 YEARS RESIDING AT HOTEL MANDARA SHIRVA POST-574116. MEMBER NO.3764. 15. RAJENDRA K.B. S/O. K. BABU ACHARYA AGED ABOUT 55 YEARS RESIDING AT NEW KRUPA JEWELLERS SHIRVA POST-574116. MEMBER NO.3818. 16. VENKATESH PRABHU S/O. NARAYANA NAYAK AGED ABOUT 48 YEARS RESIDING AT VENKATESHA KRUPA BILLADIKERE, SHIRVA POST-574116. MEMBER NO.4295. 17. SHEKHARA SHETTY S/O. SESU SHETTY AGED ABOUT 62 YEARS RESIDING AT GIRLAKKYARU - 4 - NC: 2025:KHC:5535 WP No. 2611 of 2025 SRINIDHI NILAYA, BALLADI, SHIRVA POST-574116. MEMBER NO.4630. 18. GOPALA PRABHU S/O. MANJUNATHA PRABHU AGED ABOUT 59 YEARS RESIDING AT NEAR HINDU SCHOOL SHIRVA POST-574116. MEMBER NO.4914. 19. S.R. SHREE HARSHA S/O. P.V. RAGHAVENDRA ACHARYA AGED ABOUT 40 YEARS RESIDING AT PUSHPANJALI MAIN ROAD, SHIRVA POST-574116. MEMBER NO.4966. 20. RAMESH K. ACHARYA S/O. LATE KUPPA ACHARYA AGED ABOUT 49 YEARS RESIDING AT PADMASHREE BANGLEGUDDE MATTARU POST-574116. MEMBER NO.5209. 21. VANAJA ACHARTHI W/O. VENKAPPA ACHARYA AGED ABOUT 62 YEARS RESIDING AT BANGLEGUDDE MATTARU POST-574116. MEMBER NO.5234. 22. PRASADA BHANDARI S/O. LATE SANJEEVA BHANDARI AGED ABOUT 47 YEARS RESIDING AT JYOTHINAGARA MANE KALATHUR POST-574106. MEMBER NO.5437. 23. JAYANTHI SAVITHA G. ACHARYA W/O. GOPALA ACHARYA AGED ABOUT 58 YEARS RESIDING AT CHAITANYA NIVASA - 5 - NC: 2025:KHC:5535 WP No. 2611 of 2025 PANJIMARU, PKELKE, SHIRVA POST-574116. MEMBER NO.5595. 24. JALAJA POOJARTHI W/O. LATE SOMAPPA POOJARI AGED ABOUT 64 YEARS RESIDING AT SOORYANAGARA MANE KALATHUR POST-574106. MEMBER NO.5625. 25. JAYA SHETTY S/O. RAMESH SHETTY AGED ABOUT 63 YEARS RESIDING AT KUNJIGUDDE MANE PERNALU POST-574116. MEMBER NO.5628. 26. SHANTHA SHEDTHI W/O. RAMESH SHETTY AGED ABOUT 69 YEARS RESIDING AT KUNJIGUDDE MANE PERNALU POST-574116. MEMBER NO.5629. 27. SANJEEVA SHETTY S/O. EERANNA SHETTY AGED ABOUT 70 YEARS RESIDING AT BAREBETTU SEETHA NIVASA KALATHUR POST-574106. MEMBER NO.5664. 28. SEETHA SHEDTHI W/O. SANJEEVA SHETTY AGED ABOUT 71 YEARS RESIDING AT BAREBETTU SEETHA NIVASA KALATHUR POST-574106. MEMBER NO.5665. 29. ANANDA NAIK S/O. LATE SHEENA NAIK AGED ABOUT 56 YEARS RESIDING AT KUTHYARU - 6 - NC: 2025:KHC:5535 WP No. 2611 of 2025 DADDUMANE KUTHYARU POST-574116. MEMBER NO.5749. 30. JAYANTHI POOJARTHI W/O. LATE MAHABALA POOJARY AGED ABOUT 67 YEARS RESIDING AT KOPPALA MANE SHIRVA POST-574116. MEMBER NO.5824. 31. GANESHA S/O. LATE SANJEEVA RAO AGED ABOUT 60 YEARS RESIDING AT GURME MANE KALATHUR SOUTH POST-574106. MEMBER NO.5850. 32. SHANTHA RAO W/O. LATE SANJEEVA RAO AGED ABOUT 59 YEARS RESIDING AT GURME MANE KALATHUR SOUTH POST-574106. MEMBER NO.5851. 33. SUNDARA MOOLYA S/O. LATE MONAPPA MOOLYA AGED ABOUT 62 YEARS RESIDING AT ANITHA NIVASA NADDODI MANE KUTHYAR POST-574116. MEMBER NO.5870. 34. SADANANDHA ACHARYA S/O. LATE SHIVARAYA ACHARYA AGED ABOUT 69 YEARS RESIDING AT NEAR SOCIETY SHIRVA POST MEMBER NO.5908. 35. RADHAKRISHNA SHARMA S/O. K.L. SHARMA AGED ABOUT 58 YEARS RESIDING AT SAMRUDDHI NEAR ENGINEERING COLLEGE, BANTAKALLU POST-574115. - 7 - NC: 2025:KHC:5535 WP No. 2611 of 2025 MEMBER NO.5928. 36. SUKANYA GANIGA W/O. GANAPATHI GANIGA AGED ABOUT 53 YEARS RESIDING AT NEAR RICE MILL KALATHUR POST-574106. MEMBER NO.5931. 37. GIRIJA MOOLYADI W/O. BABU MIILYA AGED ABOUT 59 YEARS RESIDING AT HOSAMANE DHARKASU KALATHUR POST-574106. MEMBER NO.5946. 38. LATHA A. SHETTY W/O. ASHOK SHETTY AGED ABOUT 60 YEARS RESIDING AT FLAT NO.201 MONIS COMPLEX SHIRVA POST-574116. MEMBER NO.5956. 39. GOVINDA S/O. NATARAJ AGED ABOUT 50 YEARS RESIDING AT TOTLAGURI MANE SHIRVA POST-574116. MEMBER NO.5987. 40. KAMALA W/O. LATE AIYYA SWAMY AGED ABOUT 60 YEARS RESIDING AT NEAR TRAVELLERS BUNGLOW SHIRVA POST-574116. MEMBER NO.6022. 41. SHRIPATHI BHAT S/O. HARIDAS BHAT AGED ABOUT 52 YEARS RESIDING AT BALLADIKARE SHIRVA POST-574116. MEMBER NO.6059. - 8 - NC: 2025:KHC:5535 WP No. 2611 of 2025 42. RAGHAVENDRA BHAT S/O. HARIDASA BHAT AGED ABOUT 51 YEARS RESIDING AT BALLADIKARE SHIRVA POST-574116. MEMBER NO.6085. 43. PANDURANGA HEGDE S/O. SHYAMA SHETTY AGED ABOUT 73 YEARS RESIDING AT JALADEEPA MANE KUTHYARU POST-574106. MEMBER NO.6116. 44. DODDU SHEDTHI W/O. LATE BOGGU SHETTY AGED ABOUT 74 YEARS RESIDING AT SRIRAMA NIVASA PANJIMARU MANE SHIRVA POST-574116. MEMBER NO.6158. 45. UDAYA KUMAR S/O. K. NARAYANA RAO AGED ABOUT 49 YEARS RESIDING AT KODU PALAME SHIRVA POST-574116. MEMBER NO.6180. 46. MAMATHA K. SHETTY W/O. KUSHALA SHETTY AGED ABOUT 65 YEARS RESIDING AT NYARMA MANE SHIRVA POST-574116. MEMBER NO.6273. 47. RAVIRAJ SALIYAN S/O. RAJU GURUVA KOTIAN AGED ABOUT 48 YEARS RESIDING AT DEVIPRASAD ATTINJA MANE SHIRVA POST-574116. MEMBER NO.6342. - 9 - NC: 2025:KHC:5535 WP No. 2611 of 2025 48. LEELAVATHI B. SHETTY W/O. BADDU SHETTY AGED ABOUT 76 YEARS RESIDING AT ANJARU MANE KUTHYARU POST-574106. MEMBER NO.6343. 49. MAYA KANDASWAMI W/O. KANDASWAMI AGED ABOUT 55 YEARS RESIDING AT BANGLEGUDDE NEAR TRAVELLERS BUNGLOW SHIRVA POST-574116. MEMBER NO.6351. 50. KANDASWAMI S/O. RANGA SWAMI AGED ABOUT 62 YEARS RESIDING AT BANGLEGUDDE NEAR TRAVELLERS BUNGLOW SHIRVA POST-574116. MEMBER NO.6352. 51. SHARADHA R KOTIAN W/O RAGHU G KOTIAN AGED ABOUT 54 YEARS RESIDING AT KALANIKETHAN PAIYYARU MANE KALATHUR POST-574106. MEMBER NO.6382 52. VISHWANATHA PRABHU S/O PANDURANGA PRABHU AGED ABOUT 69 YEARS RESIDING AT GANESH SANNIDHI KENJA, KUTHYARU, PILAR POST-574113. MEMBER NO.6407 53. LEELA SHEDTHI W/O LATE SHAMA SHETTY AGED ABOUT 70 YEARS RESIDING AT PANJIMARU MANYADKA MANE, SHIRVA POST-574116. MEMBER NO.6432 - 10 - NC: 2025:KHC:5535 WP No. 2611 of 2025 54. ASHOKA S/O KURUMBILA MOOLYA AGED ABOUT 55 YEARS RESIDING AT JANATHA COLONY CHANDRA NAGARA PADURU POST-574106. MEMBER NO.6434 55. RAVI SALIYAN S/O LATE GOPALA SUVARNA AGED ABOUT 54 YEARS RESIDING AT MISSION COMPOUND INDRAPURA, SHIRVA POST-574116. MEMBER NO.6437 56. SUSHEELA YANE BHARATHI ACHARYA W/O LATE HARISCHANDRA ACHARYA AGED ABOUT 54 YEARS RESIDING AT JANAKI KRIPA NEAR SRI DURGAPARAMESHWARI TEMPLE BANTAKALLU POST-574115. MEMBER NO.6460 57. PRADEEP ACHARYA S/O LATE HARISCHANDRA ACHARYA AGED ABOUT 42 YEARS RESIDING AT JANAKI KRIPA NEAR SRI DURGAPARAMESHWARI TEMPLE BANTAKALLU POST-574115. MEMBER NO.6461 58. CHANDRAKALA W/O SURESH ACHARYA AGED ABOUT 60 YEARS RESIDING AT APPANNA NILAYA KUTHYARU POST-574116. MEMBER NO.6483 59. ANANDA S/O BOGGU HARIJANA AGED ABOUT 62 YEARS RESIDING AT SHIRVA KOPPA MANE SHIRVA POST-574116. MEMBER NO.6493 - 11 - NC: 2025:KHC:5535 WP No. 2611 of 2025 60. ASHOKA S/O BOGGU AGED ABOUT 43 YEARS RESIDING AT NANDADEEPA NILAYA SHIRVA KOPPA, SHIRVA POST-574116. MEMBER NO.6499 61. B. SURESH ACHARYA S/O LATE B. SHAMARAYA ACHARYA AGED ABOUT 47 YEARS RESIDING AT KALASHRI DURGA NAGARA MAIN ROAD SHANKARAPURA SHIRVA POST-574116. MEMBER NO.6592 62. DAYAVATHI KULAL W/O YOGISH KULAL AGED ABOUT 47 YEARS RESIDING ATSANIDHYA BEHIND SHIRVA POST OFFICE SHIRVA POST-574116. MEMBER NO.659 63. JAYA POOJARI S/O SHEENA POOJARY AGED ABOUT 49 YEARS RESIDING AT POOJA NILAYA PANJIARU, SHIRVA POST-574116. MEMBER NO.6602 64. SANTHOSH S/O ANANTA ACHARI AGED ABOUT 43 YEARS RESIDING AT VATSALYA MANI BETTU MATTARU POST-574116. MEMBER NO.6689 65. SHARADHA POOJARTHI W/O RAVI SUVARNA AGED ABOUT 54 YEARS RESIDING AT MANIBETTU MANE MATTARU POST-574116. - 12 - NC: 2025:KHC:5535 WP No. 2611 of 2025 MEMBER NO.6700 66. GULABI SHERIGARTHI W/O LATE NARAYANA DEVADIGA AGED ABOUT 58 YEARS RESIDING AT NEAR VISHNUMURTHI TEMPLE SHIRVA POST-574116. MEMBER NO.6719 67. PUSHPALATHA W/O YOGISH ACHARYA AGED ABOUT 54 YEARS RESIDING AT MOODUMANE MOODUMATTARU MAATTAARU POST-574116. MEMBER NO.6726 68. MEENAKSHI W/O HARISH ACHARYA AGED ABOUT51 YEARS RESIDING AT SRIDURGA PODAMALE ROAD BANTAKALLU POST-574115. MEMBER NO.6775 69. RAJASHREE P V W/O SRIHARSHA AGED ABOUT 38 YEARS RESIDING AT PUSHPANJALI MAIN ROAD KAIKAMBLA SHIRVA POST-574116. MEMBER NO.6789 70. M. SWAMINATHA S/O N. MUKTISWAMY AGED ABOUT 51 YEARS RESIDING AT TOTLAGURI MANE SHIRVA POST-574116. MEMBER NO.6792 71. UDAYA ANNU MOOLYA S/O ANNU MOOLYA AGED ABOUT 48 YEARS RESIDING AT DARKASU MANE PANJIMARU PAMBURU POST-574116. - 13 - NC: 2025:KHC:5535 WP No. 2611 of 2025 MEMBER NO.6822 72. SHANTHARAMA P S/O LATE ANNAPPA NAYAKA AGED ABOUT 52 YEARS RESIDING AT SRI VARSHINI PANJAGUDD MANE MATTARU POST-574116. MEMBER NO.10025 73. SHREEMATHI YASHODHA W/O K.C. SADANANDA MOOLYA AGED ABOUT 51 YEARS RESIDING AT JANATHA COLONY MATTARU POST-574116. 74. SUNITHA W/O NAVEEN ACHARYA AGED ABOUT 56 YEARS RESIDING AT BELINJALE MANE MATTARU POST-574116. MEMBER NO.10139 75. MALATHI P SHETTY W/O PRABHAKARA SHETTY AGED ABOUT55 YEARS RESIDING AT SUBBOTTU MANE KALATHUR POST-574106. MEMBER NO.15065 76. SUMATHI BHANDARTHI W/O LATE GUDDA BHANDARY AGED ABOUT 49 YEARS RESIDING AT PAYYARU MELMANE KALATHUR POST-574106. MEMBER NO.15078 77. SUNIL V NAIK S/O VASU NAIK AGED ABOUT 40 YEARS RESIDING AT PAYYARU MANE KALATHUR POST-574106. MEMBER NO.15089 78. RAVI NAIK S/O LATE BADU NAIK - 14 - NC: 2025:KHC:5535 WP No. 2611 of 2025 AGED ABOUT 47 YEARS RESIDING AT SOORYANAGARA MANE KALATHUR POST-574106. MEMBER NO.15090 79. SADANANDA KULAL S/O KITTA MOOLYA AGED ABOUT 51 YEARS RESIDING AT BADAKALLU MANE KALATHUR POST-574106. MEMBER NO.15092 80. PRASAD N S/O NARAYANA DEVADIGA AGED ABOUT 45 YEARS RESIDING AT JALAJA NIVASA NEAR TEMPLE KALATHUR POST-574106. MEMBER NO.15100 81. SUNDARI MOOLYADI W/O NARAYANA MOOLYA AGED ABOUT 58 YEARS RESIDING AT SOORYANAGARA MANE KALATHUR POST-574106. MEMBER NO.15101 82. ASHOK NAIK S/O SOORU NAIK AGED ABOUT 49 YEARS RESIDING AT PAYYARU TENKU MANE KALATHUR POST-574106. MEMBER NO.15103 83. NALINI W/O PRAKASH NAIK AGED ABOUT 50 YEARS RESIDING AT PAYYARU HOSAMANE KALATHUR POST-574106. MEMBER NO.15105 84. SUJENDRA S/O DEVAKI NAIK AGED ABOUT 59 YEARS - 15 - NC: 2025:KHC:5535 WP No. 2611 of 2025 RESIDING AT PAYYARU HOSAMANE KALATHUR POST-574106. MEMBER NO.15108 85. UMESH ACHARYA S/O LATE VYASARAYA ACHARYA AGED ABOUT 49 YEARS RESIDING AT SOORYANAGARA MANE KALATHUR POST-574106. MEMBER NO.15112 86. SUMATHI P SHETTY W/O LATE PAPPU SHETTY AGED ABOUT 54 YEARS RESIDING AT SURESHA NIVASA KALATHUR POST-574106. MEMBER NO.15113 87. SUSHEELA POOJARTHI W/O BHASKARA POOJARI AGED ABOUT 70 YEARS RESIDING AT SANTHURU KOPPALA MANE SANTHURU POST-574111. MEMBER NO.20046 88. NETHRAVATHI W/O KRISHNA AGED ABOUT 72 YEARS RESIDING AT SANTHURU MELMANE SANTHURU POST-574111. MEMBER NO.20052. ALL MEMBERS OF PETITIONER SHIRVA SAHAKARI VYAVASAYIKA SANGHA NIYAMITHA …PETITIONERS (BY SRI. SRINIDHI HEGDE R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001 - 16 - NC: 2025:KHC:5535 WP No. 2611 of 2025 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3A FLOOR, SHANTHI NAGAR, 1.I.M.C, A BLOCK SHANTHI NAGAR BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER GROUND FLOOR, ”C” WING, RAJATHADRI, UDUPI-574104. 4. THE RETURNING OFFICER MR. ROHIT K.R. APPOINTED FOR SHIRVA SAHAKARI VYAVASAYIKA SANGHA NIYAMITHA, SHIRVA, KAUP TALUK, UDUPI DISTRICT-574116. 5. SHIRVA SAHAKARI VYAVASAYIKA SANGHA NIYAMITHA, SHIRVA REPRESENTED BY ITS CEO SHIRVA SAHAKARI VYAVASAYIKA SANGHA NIYAMITHA, SHIRVA, KAUP TALUK, UDUPI DISTRICT-574116. RESPONDENT NO.5 SOCIETY ESTABLISHED AND REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 AND R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO 4 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THEM TO CAST THEIR VALUABLE VOTES IN THE RESPONDENT NO.5 SOCIETY’S ELECTION WHICH IS SCHEDULED TO BE CONDUCTED ON 01.02.2025, AS PER ANNEXURE-B IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 17 - NC: 2025:KHC:5535 WP No. 2611 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners has filed memo seeking withdrawal of the petition, which reads as under: “The Advocate for petitioners most respectfully submits that as the prayer in the above petition has become infructuous. The petitioners seek the leave of this Hon’ble Court to withdraw the petition in the interest of justice and equity.” 2. Memo is taken on record. 3. In view of the memo filed by the petitioners, the writ petition is dismissed as withdrawn. Sd/- JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 4