- 1 - NC: 2025:KHC:8048 WP No. 2786 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. 2786 OF 2025 (CS-EL/M) BETWEEN: 1. MR. MANJUR S S/O LATE SABULAL AGED ABOUT 65 YEARS R/AT MADAPATNA VILLAGE, JIGANI TALUK, BENGALURU -560 105 (NOT CLAIMING SENIOR CITIZENSHIP BENEFITS IN THIS PETITION) 2. MR. GOVINDA S/O SRI. KAVERAPPA, AGED ABOUT 42 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 3. MR. SHRINIVAS REDDY S/O MUNIKRISHNA REDDY AGED ABOUT 55 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 4. SMT. ANUSUYA W/O SRI.BASAVEGOWDA, AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 5. MRS PRAVILIKA D/O SRI. MURTHY AGED ABOUT 24 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8048 WP No. 2786 of 2025 R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 6. MR. RAMESH S/O SRI. GOVINDAPPA AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU - 560 105. 7. MR. BANUPRAKASH S/O SRI. RACHATAPPA AGED ABOUT 40 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 8. MR. SURESH S/O SRI. GOVINDAPPA AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 9. MR. CHANDPASHA S/O SRI. SATTARJHAN AGED ABOUT 38 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 10. SMT. KAMALA W/O SRI.CHANDRAREDDY AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 11. SRI. MANJUNATH S/O SRI. SIDDACHARI , AGED ABOUT 45 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105 12. MR.MURTHY S/O SRI. RAMYAHIA - 3 - NC: 2025:KHC:8048 WP No. 2786 of 2025 AGED ABOUT 40 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 13. SMT. MEENA D/O SRI. TIMMEGOWDA AGED ABOUT 52 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 14. SRI. RAMSWAMY S/O SRI. SAMPANAGAPPA AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 15. SMT. RAJAMMA D/O SRI.MOHANRAJ AGED ABOUT 60 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 16. SMT. ROOPA D/O SRI.MALLIKARJUNA AGED ABOUT 45 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 17. SMT. SAVITHRAMMA D/O SRI. SIDDACHARI AGED ABOUT 65 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 18. SRI SHIVAJI S/O SRI. PEVAIAH AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. - 4 - NC: 2025:KHC:8048 WP No. 2786 of 2025 19. SMT. USHA W/O SRI. BALAREDDY AGED ABOUT 55 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 20. SRI. VEKATESH S/O SRI. THIMMAREDDY AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 21. SMT. MANJULA W/O SRI.SEETHARAMU AGED ABOUT 45 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 22. SMT. BABY W/O SRI. SHEKAR AGED ABOUT 36 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 23. SMT. MANJULAMMA W/O SRI. NAGARAJU AGED ABOUT 65 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 24. SMT. NAGAMMA C/O SRI. THIMMAREDDY AGED ABOUT 65 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 25. SMT. PRAMEELA W/O SRI. PRABHAKAR AGED ABOUT 67 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK - 5 - NC: 2025:KHC:8048 WP No. 2786 of 2025 BENGALURU -560 105. 26. SMT. PRIYA W/O SRI. SAMPATH AGED ABOUT 40 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 27. MR. RAKESH S/O SRI. PRABHAKAR AGED ABOUT 45 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 28. SMT. RATHNAMMA W/O SRI. KRISHNAREDDY, AGED ABOUT 57 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 29. MR. SANTHOSH S/O SRI.NAGARAJU AGED ABOUT 48 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 30. SRI. VENKATESH S/O SRI. YELLAPPA AGED ABOUT 54 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 31. MR. SANDEEP S/O SRI. PRABHAKAR AGED ABOUT 38 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 32. SMT. BHAGYA W/O SRI. PRAKSH AGED ABOUT 45 YEARS, - 6 - NC: 2025:KHC:8048 WP No. 2786 of 2025 R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 33. MR. NAGESH S/O SRI. MUNIYAPPA AGED ABOUT 57 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 34. SRI. MUNIRAJU S/O SRI. NANJAPPA AGED ABOUT 60 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 35. SMT. JAYAMMA W /O SRI. BANDAPPA AGED ABOUT 65 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 36. SMT. SHUSHEELAMMA W/O SRI. GOPALSWAMY AGED ABOUT 68 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 37. SMT. UMA W/O SRI.RAMESH AGED ABOUT 50 YEARS, R/AT MADAPATNA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 38. SMT. RATHNAMMA W/O SRI. RAJAMMA AGED ABOUT 70 YEARS, R/AT SEETHANAYAKANAHALI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 39. SMT. VENKATAMMA W/O SRI. MUNIYAPPA - 7 - NC: 2025:KHC:8048 WP No. 2786 of 2025 AGED ABOUT 76 YEARS, R/AT SEETHANAYAKANAHALI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 40. SRI. BABU S/O SRI. RAJANNA AGED ABOUT 55 YEARS, R/AT SEETHANAYAKANAHALI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 41. SRI. MUNIRAJU S/O SMT. BAYAMMA RAJAMMA AGED ABOUT 60 YEARS, R/AT SEETHANAYAKANAHALI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 42. SRI. MALA D/O SRI PAPAYYA, AGED ABOUT 46 YEARS, R/AT SEETHANAYAKANAHALI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. 43. SRI LALTHA W/O SRI. MUNIRAJU AGED ABOUT 47 YEARS, R/AT SEETHANAYAKANAHALI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU -560 105. …PETITIONERS (BY SRI VASU K,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY CO-OPERATION DEPARTMENT KARNATAKA GOVERNMENT SECRETARIET ROOM NO.610, 3RD GATE 6TH FLOOR, M S BUILDING DR AMBEDKAR VEEDHI, BENGALURU -560 001. - 8 - NC: 2025:KHC:8048 WP No. 2786 of 2025 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY REP BY REGISTRAR 3RD FLOOR SHANTHI NAGAR TTMC KHB ROAD, BENGALURU -560 002. 3. THE REGISRAR OF CO-OPERATIVE SOCIETIES REP BY REGISTRAR, NO.1 ALI-ASKAR ROAD, BENGALURU -560 052. 4. THE DEUTY REGISTRAR OF COOPERATIVE SOCIETIES, REP BY REGISTRAR BENGALURU URBAN DISTRICT, BENGALURU -560 105. 5. THE RETRUNING OFFICER HARAGADDE VYAVASAYA SEVA SAHAKARASANGHA NIYAMITH HARAGDDE ANEKAL TALUK, BENGALURU URBAN DISTRICT -560 105. 6. HARAGADDE VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITH REP BY ITS CEO, HARAGADDE ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 105. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 TO R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI N. MANJUNATH REDDY, ADVOCATE FOR R-6) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OD INDIA PRAYING TO DECLARE THE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 9 - NC: 2025:KHC:8048 WP No. 2786 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- ""WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to:- i) Issue a writ of appropriate nature to declare the 97th amendment to the constitution by inserting Par IXB to the Constitution of India, is in violation of Article 368(2) of the Constitution of India and also against the basic structure of the Constitution of India and Article 246(3) of the Constitution of India. ii) Declare that section 20(2) (a-iv) (a-v) is consequential and illegal and even otherwise, is ultravires the constitutional mandate under Article 243(ZO) (2) and Article 19(1) (c) read with Article 19 (4) of the Constitution of India and is therefore void under Article 13 of the Constitution of India. iii) Permit the Petitioners herein who are the members of the 6th respondent Co-operative society to vote in the elections to the 6th respondent Co-operative Society which is schedule on 06/02/2025 as per Annexure - A dt.18-1-2025." - 10 - NC: 2025:KHC:8048 WP No. 2786 of 2025 2. Learned counsel for the petitioners does not press prayer Nos.i and ii and hence, consideration of prayer Nos.i and ii would not arise. 3. This Court by way of an interim arrangement on 31.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 06.02.2025 subject to final outcome of this petition. 4. Heard Sri Vasu .K, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri N. Manjunath Reddy, learned counsel for respondent No.6. 5. Counsel for the petitioners submits that the election has been held as scheduled on 06.02.2025 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that the petitioners are - 11 - NC: 2025:KHC:8048 WP No. 2786 of 2025 included in the ineligible voters list on the ground of not attending three annual general body meeting. It is submitted that the notice of the annual general body meeting, which was conducted for 2019, 2020, 2021, 2022 and 2023 did not incorporate or intimate the member of the disqualification which would be suffered on account of non-participation. It is submitted that the society has conducted only four meetings and the requirement of five meetings was not complied with. 7. Learned counsel appearing for the respondent- society submits that the petitioners having been permitted to cast their votes in the elections that was scheduled on 06.02.2025, the cast votes of the petitioners to be included and results be announced reserving liberty to the aggrieved party to approach the appropriate authority under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). - 12 - NC: 2025:KHC:8048 WP No. 2786 of 2025 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 Act, 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 06.02.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, 1 2022 (4) AKR 775 - 13 - NC: 2025:KHC:8048 WP No. 2786 of 2025 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:8048 WP No. 2786 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 CT:DN List No.: 2 Sl No.: 24