Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5536 WP No. 2865 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. 2865 OF 2025 (CS-EL/M) BETWEEN:
1. SRI. RAMANNA S/O LATE HULIYAPPA, AGED ABOUT 61 YEARS, R/AT C/O ANJANAPPA, NO.19/E, MARUTHI KRUPA, KENCHANAHALLI, RAJA RAJESHWARI NAGAR, BANGALORE-560098, M.NO.12256. 2. SRI. SRIRAMAIAH S/O CHIKKA ANJANAPPA, AGED ABOUT 61 YEARS, R/AT NO.10, ‘MATHRU NIVAS’ 4TH B CROSS, 1ST MAIN, GOPALA GOWDA NAGAR, HUCHAPPA LAYOUT, MUDALAPALYA, BANGALORE-560072, M.NO.12267. 3. SRI. SHANTHAKUMAR.B S/O B.K BALARAMAIAH, AGED ABOUT 61 YEARS, R/AT C/O N C RAMAKRISHNAIAH, NO.310, 9TH CROSS, NEAR OLD POLICE STATION, RAJAJINAGAR, 4TH BLOCK, BANGALORE-560010, M.NO.12272. 4. SRI. K B GOVINDAREDDY S/O LATE B.K KATTEBANGARAPPA, AGED ABOUT 65 YEARS, R/AT BASAWESHWRA NILAYA, KUVEMPU ROAD, RAGHAVENDRA NAGAR, SS PURAM, TUMKUR-572102 M.NO.11967. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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5. SRI. MANOHAR .H.M S/O P.C.HOSAMATH, AGED ABOUT 65 YEARS, R/AT NO.15, A.T.STREET, BASAVANAGUDI, BANGALORE-560004, M.NO.8543. 6. SRI. SHEKHARA .T.K S/O T M KESHAVA, AGED ABOUT 68 YEARS, R/AT HARI PAVAN NILAYA, BEHIND MARP QUARTERS, SIDDALINGAIAHNA PALYA, TUMKUR-572103, M.NO.9206. 7. SRI. SHIVASHANKAR .T, S/O S.THIMANNA, AGED ABOUT 67 YEARS, R/AT NO J-144, HMT OFFICERS COLONY, SECTOR-I, JALAHALLI POST, BANGALORE-560013, M.NO. 9755. 8. SRI. MUNIYAPPA .M, S/O MUNIBYALAPPA, AGED ABOUT 68 YEARS, R/AT SRI GANGADHARESHWARA NILAYA, D.NO-7, 1ST MAIN, BADDIHALLI, GOKULA EXT, KYATHASANDRA, TUMKUR-572104, M.NO.11909. 9. SRI. G BASAVARAJU S/O K B GANGADHARAIAH, AGED ABOUT 70 YEARS, R/AT 1ST MAIN, 1ST CROSS, NRUPATUNGA EXT, SHETTIHALLI ROAD, TUMKUR. M.NO.11955. 10. SRI. N.KUMARASWAMY S/O M. NANGEGOWDA, AGED ABOUT 61 YEARS, R/AT SRISHAILA NIVASA, 9TH CROSS, S.S.PURAM TUMKUR-572102, M.NO.11970. - 3 -
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11. SRI. G.K RAVINDRA S/O L G S KRISHNAMURTHY, AGED ABOUT 65 YEARS, R/AT ANNAPURNA NILAYA, 2ND CROSS, SADASHIVANAGAR, TUMKUR. M.NO.11980. 12. SMT. MANJULADEVI T.N.
D/O NAGARAJASHETTY, AGED ABOUT 61 YEARS, R/AT AMBIKA NIVASA, 32ND CROSS, SIR M.V.EXT, TUMKUR. M.NO.12038. 13. SRI. PRADEEP KUMAR H.L S/O H V LAKSHMIKANTHAPPA, AGED ABOUT 64 YEARS, R/AT NO.13-A-3, HMT QUARTERS, DEVARAYAPATNA, TUMKUR-572104, M.NO.12228. 14. SRI. SOMASHEKARAIAH A.N S/O LATE NANJUNDEGOWDA, AGED ABOUT 62 YEARS, R/AT C/O GURUPRASAD B N, SUDA ENTERPRISES, NO.142, SULTHANPETE MAIN ROAD, BANGALORE-560053, M.NO.12302. 15. SRI. LAKSHMIPATHI.G S/O LATE GURUVANNA, AGED ABOUT 63 YEARS, R/AT NO-1-A-3, HMT QUARTERS, HMT WF-4TH , TUMKUR M.NO.12371.
16. SRI. RAJANNA H.G S/O LATE GOVINDAPPA, AGED ABOUT 65 YEARS, R/AT HOSAPALYA, ADAGURU POST, GUBBI TALUK, TUMKUR DIST-572216, M.NO.12378. 17. SRI. MUDARANGAPPA S.K S/O KEMPARANGAPPA, AGED ABOUT 61 YEARS,
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R/AT 18-A-2, HMT COLONY, DEVARAYAPATNA POST, HMT-WF-4, TUMKUR M.NO.12379. 18. SRI. NAGARAJAIAH .S.C S/O S. CHIKKABASAVAIAH, AGED ABOUT 61 YEARS, R/AT SEETHAKAL AT POST, SEETHAKAL, TUMKUR M.NO.12390. 19. SRI. NAGARAJA R S/O B.RAMACHANDRAPPA, AGED ABOUT 61 YEARS, R/AT ‘ANURAGA NILAYA’, 6TH A MAIN ROAD, PRASHANTHANAGAR, DEVARAYAPATNA, TUMKUR-572104, M.NO.12394. 20. SRI. THIMADASA.C.E.
S/O LATE ERAPPA, AGED ABOUT 61 YEARS, R/AT NO 9-A-1, HMT QUARTERS, TUMKUR-572103, M.NO.12395. 21. SRI. NARAYANASWAMY S/O LATE VENKATESHAPPA, AGED ABOUT 65 YEARS, R/AT SRI VENKATESHWARA NILAYA, 6TH CROSS, ASHOKA NAGARA, TUMKUR-572102, M.NO.12396. 22. SRI. NARAYANAPPA.R S/O RANGASHAMAIAH, AGED ABOUT 60 YEARS, R/AT LINGAPURA, OBALAPURA POST, TUMKUR TALUK AND DISTRICT M.NO.12397. 23. SMT. NAGARATHANAMMA.R.N W/O RAJANNA, AGED ABOUT 62 YEARS, R/AT RAJARATHNA NILAYA, HOUSE NO.20, 3RD CROSS, 1ST MAIN, MAHALAKSHMI EXTN,
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BATAWADI, TUMKUR-572103, M.NO.12408. 24. SRI. KUMARASWAMY H.E S/O K.B ESHWARAIAH, AGED ABOUT 62 YEARS R/AT BEHIND HOYSALA HOTEL, 5TH CROSS, VIDYANAGAR, TUMKUR-572103, M.NO.12413. 25. SRI. SUDARSHAN.N S/O LATE S. NAGARAJ, AGED ABOUT 62 YEARS R/AT KAMALA, 2ND MAIN CROSS, NRUPATHUNGA EXT, SHETTIHALLI ROAD, TUMKUR-572103, M.NO.12429. 26. SRI. RUDHRACHAR.K.R, S/O RAMACHAR K.R, AGED ABOUT 61 YEARS, R/AT OLD POST OFFICE ROAD, KYATHASANDRA, TUMKUR-572104, M.NO.12434. 27. SRI. SHIVARAJU.H S/O S.V. HUVHAVEERAPPA, AGED ABOUT 67 YEARS R/AT C/O M R RENUKAPPA, NO-191, TCM NILAYA, 6TH BLOCK, RAJAJINAGARA, BANGALORE-560010, M.NO.8890
28. SRI. SRINIVASAMURTHY.J.H S/O HANUMANTHAIAH, AGED ABOUT 65 YEARS R/AT SIT, 8TH MAIN, 2ND LINK, D.NO 545, TUMKUR M.NO.12424. 29. SRI. VIJAYKUMAR H.A, S/O H.C APPAJAPPA, AGED ABOUT 65 YEARS, R/AT HOME, BEHIND JANATHA COLONY, SHETTIHALLI ROAD, SAPTHGIRI EXT, TUMKUR
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M.NO. 10145. 30. SMT.
BABY LATHA D/O T.R.REVANNA, AGED ABOUT 63 YEARS, R/AT FREEDAM FIGHTER, DEEPANJALI, 1ST MAIN, 4TH CROSS, VIJAYNAGARA, TUMKUR-572102, M.NO.9455. 31. SMT. BABY ALIAS NOORJHAN W/O ABDUL KALACK, AGED ABOUT 65 YEARS, R/AT C/O THARA, PATTALAMMA BUILDING, N NAGENAHALLI, KOTHANUR POST, BANGALORE-560077, M.NO.12253. 32. SRI. ANJANAPPA.V.H S/O HANUMAIAH, AGED ABOUT 74 YEARS, R/AT ANJANACHARYA, 10TH CROSS, VIDHYARANYAPURA, BANGALORE-560003, M.NO.8710. 33. SMT. LANCY H PAIS, W/O RUSARIO PAIS, AGED ABOUT 70 YEARS, R/AT SUN SHINE, 9TH CROSS, SS PURAM, TUMKUR-572102, M.NO.8812. 34. SRI. ESWARAKUDI.C.S S/O SIDDARAMAIAH, AGED ABOUT 47 YEARS, R/AT NO.5, 4TH BLOCK, G.F, MRHB COLONY, K.G.S COLONY, THIMMENAHALLI, BANGALORE-560049, M.NO.11231. 35. SRI. LAKSHMINARAYANA K.S S/O K.S SUBRAMANYASHATHRI, AGED ABOUT 71 YEARS, R/AT SANJEEVININAGAR, 2ND CROSS, KESARAMADU ROAD, KYATHASANDRA, TUMKUR-572104,
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M.NO.9457. 36. SRI. SIDDARAMAIAH.N, S/O NANJUNDAIAH, AGED ABOUT 62 YEARS, R/AT 4TH CROSS, SIDDARAMESHWARA LAYOUT, BATAWADI, TUMKUR-572103, M.NO.9499. 37. SRI. G.H. HANUMANTHARAYAPPA S/O LATE HANUMANTHAIAH, AGED ABOUT 62 YEARS, R/AT NO. 92, SRI MARUTHI KRUPA, 7TH CROSS, OPP. GANAPATHI PARK, TUMKUR M.NO-12073. 38. SRI. RAGHURAM.K.V S/O K.S VENKATARAMANAPPA, AGED ABOUT 63 YEARS, R/AT SUMUKHA, 3RD MAIN, VIJAYANAGAR, TUMKUR-572103 M.NO.12366. 39. SRI. SIDDARAJU S/O THIPPANNA, AGED ABOUT 60 YEARS, R/AT SRI SIDDESHWRA NILAYA, MAHALAKSHMI LAYOUT, MADHUGIRI ROAD, SIRAGATE, TUMKUR-572106, M.NO.12374. 40. SRI. DASAPPA.H, S/O ERAPPA, AGED ABOUT 62 YEARS, R/AT D.NO 13-A-2, HMT COLONY, TUMKUR-572103, M.NO.12387. 41. SRI. BASAVARAJU M.D.
S/O DODDAYALLAIAH, AGED ABOUT 63 YEARS, R/AT NO-.13-A-1, HMT QUATRES, HMT COLONY, TUMKUR-572104, M.NO.12414. 42. SRI. LOKESH K.N, S/O NANJUNDAPPA,
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AGED ABOUT 62 YEARS, R/AT SHIVANNA BUILDING KRISHNA NAGAR, BEHIND VIDYA VAHINI COLLEGE, SIT TUMKUR-572102, M.NO. 12415. 43. SRI. RAMESH N.K, S/O LATE N KALAPPA, AGED ABOUT 65 YEARS, R/AT SWATHI NILAYAM 2ND CROSS, CHENNABASAVESHWARA NAGAR, UPPARAHALLI TUMKUR- 572102, M.NO.12418. 44. SRI.
SHANKARAPPA.B.N.
S/O LATE NARASAIAH, AGED ABOUT 71 YEARS, R/AT C/O P. RAJU, B.CHANNAVEERAIAH COMPOUND, 6TH MAIN, 7TH CROSS, IR COLONY LN PURAM, SRIRAMPURAM, BANGALORE. M.NO.12260. 45. SRI. RAJANNA S/O DODDA BEERAIAH, AGED ABOUT 65 YEARS, R/AT C/O MALLAMMA COMPOUND, OPP. RITI JEWELERS, NEAR GANAPATHI TEMPLE, 2ND CROSS, VINOBHA NAGARA, TUMKUR-572101. M.NO.12436. 46. SRI. MAHADEVAIAH.C S/O CHANAPPA, AGED ABOUT 67 YEARS, R/AT T.NO. 26122/103/TOOL ROOM, HMT WATCH FACTORY-4, TUMKUR M.NO-12306. 47. SRI. ASWATHNARAYANA, S/O LATE GAMKAR SIDDAPPA, AGED ABOUT 69 YEARS, R/AT NO.58, GROUND FLOOR, I ‘B’ CROSS, 3RD MAIN ROAD, M.S.R NAGAR, R.M.V-2 STAGE, BANGALORE-560054, M.NO.12280. - 9 -
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48. SRI. NARAYANA NAIK.D, S/O DODDARAM NAIK, AGED ABOUT 65 YEARS, R/AT SHRUTHI NILAYA, 5TH B CROSS, MARUTHINAGARA, TUMKUR-572102, M.NO.12072. 49. SRI. SHIVANNA S/O G. RAMA RAO, AGED ABOUT 72 YEARS, R/AT NO. 2006, HIG, 3RD PHASE, 4TH B CROSS, YELAHANKA NEW TOWN, BANGALORE. M.NO.10717. 50. SRI. HANUMANTHARAYA S/O RANGAIAH, AGED ABOUT 69 YEARS, R/AT MARUTHI KRUPA, 3RD MAIN, 4TH CROSS, SAPTHAGIRI EXTN, SHETTIHALLI MAIN ROAD, TUMKUR-572102, M.NO.12417. 51. SRI. KRISHNA.L.K S/O KALABORAIAH, AGED ABOUT 72 YEARS, R/AT SREE GURU KRUPA, 6TH CROSS, CM EXTN, KYATHASANDRA, TUMKUR-572104 M.NO.11969. 52. SRI. RAMACHANDRA.M.N S/O M.NADAKERUPPA, AGED ABOUT 75 YEARS, R/AT NO.851, GOWRI NILAYA, 5TH BLOCK, RAJAJINAGARA, BANGALORE-560010, M.NO.8663. 53. SRI. SHIVARAJU.H S/O H.V HUCHAVEERAPPA, AGED ABOUT 72 YEARS, R/AT C/O M.R. RENUKAPPA, NO.191, TCM NILAYA, 6TH BLOCK, RAJAINAGARA, BANGALORE-560010, M.NO.8890. 54. SRI. GURULINGA KREETHI.D S/O K.DODDANANJAPPA,
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AGED ABOUT 71 YEARS, R/AT H.NO.13, PALACE CROSS, BANGALORE. M.NO.10066. 55. SRI. RANGARAJU.H.D.
S/O DEVAGIRIYAPPA, AGED ABOUT 61 YEARS, R/AT NO. 191 /B, 55TH CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU- 560 010 M.NO.10543. 56. SRI. RAMEGOWDA.K.T.
S/O THIMMEGOWDA, AGED ABOUT 47 YEARS, R/AT NO.219, 4TH CROSS, C.M.EXTN, KYATHASANDRA, TUMKUR-572104, M.NO.8491. 57. SRI. VASANTH KUMAR.G S/O T. GANGANNA, AGED ABOUT 65 YEARS, R/AT SHRUTHI 2ND MAIN, KRISHNAGARA, KYATHASANDRA POST, TUMKUR-572104 M.NO.11917. 58. SRI.
BHYRAPPA.M.S S/O SHIVANANJAPPA, AGED ABOUT 72 YEARS, R/AT NO. 15, 3RD CROSS, 4TH MAIN, MATTIKERE EXTN, BANGALORE-560054, M.NO. 8453. 59. SRI. NARASIMHAIAH, S/O KADARAPPA, AGED ABOUT 58 YEARS, R/AT C/O JAYARAM KATTRIGUPPE, NEAR LNS SWAMY TEMPLE, BANGALORE-560040. M.NO.12261. 60. SRI. GANGARAJA S/O THIMMEGOWDA, AGED ABOUT 65 YEARS, R/AT C/O NELAPPA, 193/1, ENISU, 5TH MAIN, GANESHA TEMPLE ROAD, VIDYANAGAR, T DASARAHALLI,
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BANGALORE-560057 M.NO.12274 …PETITIONERS (BY SRI. MAHAMAD TAHIR A., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. HE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. HMT EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., ABD BUILDING, HMT MAIN ROAD, 1ST FLOOR, JALAHALLI, BANGALORE-560013, REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 4. THE RETURNING OFFICER, HMT EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., ABD BUILDING, HMT MAIN ROAD, 1ST FLOOR, JALAHALLI, BANGALORE-560013 REGISTER UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI. YOGESH D. NAIK, AGA FOR R1 AND R4;
SRI. SANDESH T.B., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER The petitioners are seeking for the following prayers:-
"i. Issue a writ of mandamus directing the Respondents to include the names of the Petitioners in the Final eligible voter list at Annexure-C and permit the Petitioners to cast their vote in the upcoming elections to Respondent No.3 Society which is scheduled to be held on 02-02-2025 in so far as the Petitioners are concerned.
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 01.02.2025 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 A. Mahammed Tahir, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for
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respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Sandesh T.B., learned counsel for respondent No.3.
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.
5.
Learned counsel for respondent No.3-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.
6. 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.: 13