Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14038 WP No. 2874 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2874 OF 2025 (CS-EL/M) BETWEEN:
1. G K BASAVARAJAPPA S/O KALLAPPA AGED ABOUT 72 YEARS, SL. NO 25, SHARE NO 4023 R/AT NO.15, BEHIND SCHOOL STREET HODIKERE, DAVANGERE – 577215
2. G B BASAVRAJAPPA S/O BASAPPA AGED ABOUT 63 YEARS, SL.NO 70, SHARE NO 7612 R/AT NO.26, ESHWARAPPA TEMPLE STREET HODIKERE, DAVANGERE -577215
3. M G SHADAKSHRAPPA S/O VEERAPPA, AGED ABOUT 64 YEARS, SL. NO 44, SHARE NO 5519 R/AT BRAHMANARA BEEDI, HODIKERE, DAVANGERE – 577215
4. H S SHIVAMURTHY S/O SHIVALINGAPPA, AGED ABOUT 72 YEARS, SL. NO 30, SHARE NO 4687 R/AT HODIKERE, HEBBALGERE, DAVANAGERE -577215
5. G SHEKHARAPPA S/O MAHADEVAPPA AGED ABOUT 82 YEARS, SI\L. NO 28, SHARE NO 4555 R/AT MADHAPURA, CHANNAGIRI, HEBBALGERE, DAVANGERE - 577215
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14038 WP No. 2874 of 2025
6. GANGAPPA M N S/O NAGALINGAPPA AGED ABOUT 58 YEARS, SL. NO 75, SHARE NO 8018 R/AT BHADRAVATHI, SHIVMOGA-577301
7. M N THIMMARAJAPPA S/O NAGALINGAPPA AGED ABOUT 50 YEARS, SL. NO 76, SHARE NO 8020 R/AT MADHAPURA, CHANNAGIRI, HEBBALGERE, DAVANGERE – 577215
8. NAGALINGAPPA C/O KARIYAPPA AGED ABOUT 90 YEARS, SL.NO 14, SHARE NO 2688 R/AT NO.7, MADHAPURA CHANNAGIRI, HEBBALGERE, DAVANGERE -577215
9. RAJAPPA H M S/O HONNAPPA, AGED ABOUT 68 YEARS, SL. NO 35, SHARE NO 5173 R/AT SHETTIHALLI, HEBBALGERE, DAVANGERE-577215
10. RAJAPPA S/O MAHADEVAPPA, AGED ABOUT 62 YEARS SL. NO 47, SHARE NO 5635 R/AT SHETTIHALLI, HEBBALGERE, DAVANGERE-577215
11. MALLAPPA HK S/O HALLAPPA, AGED ABOUT 65 YEARS SL. NO 32, SHARE NO 5010 R/AT SHETTIHALLI, HEBBALGERE, DAVANGERE-577215
12. PRAVEEN KUMAR H B S/O BASAPPA T, AGED ABOUT 33 YEARS SL. NO 87, SHARE NO 8994 R/AT SHETTIHALLI, HEBBALGERE, DAVANGERE-577215
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13. H M YOGRAJ S/O MAHESHWARAPPA AGED ABOUT 63 YEARS SL. NO 50, SHARE NO 5789 R/AT HODIKERE, CHANNGAIRI DAVANGERE-577215
14. MANJAPPA H B S/O BASVANTHAPPA, AGED ABOUT 62 YEARS SL. NO 36, SHARE NO 5174 R/AT SHETTIHALLI, HEBBALGERE, DAVANAGERE-577215
15. SUDHA M C S/O MANJAPPA, AGED ABOUT 51 YEARS SL. NO 40, SHARE NO 5278 R/AT SHETTIHALLI, HEBBALGERE, DAVANAGERE-577215
16. MANJAPPA C.S.
SON OF SHIVAPPA, MAJOR, OCC AGRICULTURE, SL.
NO 49, SHARE NO 5714 RESIDENT OF SHETTIHALLY CHANNAGIRI TALLUK DAVANAGERE-DISTRICT
17. JAMILABI DAUGHTER OF MEHARUNNISA, MAJOR, OCC AGRICULTURE, SL. NO 55, SHARE NO 5919 RESIDENT OF HODIGERE CHANNAGIRI TALLUK DAVANAGERE-DISTRICT
18. MAHAMED RAFI ULLA S/O MAHAMED GOUSE PEER SABA AGED ABOUT 36 YEARS SL. NO 81, SHARE NO 8051 R/AT GALIHALLI, NALLURU POST DAVANGERE -577221
19. MAHAMED SHAFI ULLA S/O MAHAMED GOUSE PEER SABA AGED ABOUT 42 YEARS
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SL.NO 79, SHARE NO 8049 R/AT GALIHALLI, NALLURU POST DAVANAGERE-577 221
20. AKHILA JANA W/O AVER PEER SAB AGED ABOUT 55 YEARS SL. NO 78, SHARE NO 8048 R/AT GALIHALLI, NALLURU POST DAVANAGERE-577221
21. MAHABOOB BHI W/O GOUSE PEER SAB AGED ABOUT 40 YEARS SL. NO 80, SHARE NO 8050 R/AT GALIHALLI, NALLURU POST DAVANAGERE-577221
22. AMIR AHAMED S/O MAHAMED FAARE SABH AGED ABOUT 70 YEARS SI. NO 85, SHARE NO 8791 R/AT GALIHALLI, NALLURU POST DAVANAGERE-577221
23. ERAMMA W/O T S NINGAPPA AGED ABOUT 85 YEARS SL. NO 31, SHARE NO 4725 R/AT NO.220, BENKIKERE CHANNAGIRI, HODIKERE DAVANGERE 577215
24. R H MANJAPPA S/O HANUMANTHAPPA, AGED ABOUT 54 YEARS SL. NO 69, SHARE NO 7452 R/AT BEKIKERE, HODIKERE DAVANAGERE-577215
25. HONNAMMA W/O SIDDAPPA AGED ABOUT 75 YEARS SL. NO 57, SHARE NO 6014 R/AT HONNAIKANAHALLI, GARAGA DAVANGERE -577215
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26. SHIVAMURTHY S/O ESHWARAPPA AGED ABOUT 65 YEARS SL. NO 60, SHARE NO 6834 R/AT HONNAIKANAHALLI, GARAGA DAVANAGERE-577215
27. ESHWARAPPA S/O RAMAPPA AGED ABOUT 55 YEARS SL. NO 37, SHARE NO 5212 R/AT HONNAIKANAHALLI, GARAGA DAVANGERE-577215
…PETITIONERS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-560 001
2. THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED., CHANNAGIRI, DAVANGERE - DISTRICT., REPRESENTED BY ITS MANAGER,
3. THE RETURNING OFFICER TO THE ELECTIONS TO THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED., CHANNAGIRI, DAVANAGERE-DISTRICT
4.
THE DISTRICT COOPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF COOPERATIVE SOCIETY, DAVANAGERE- DISTRICT., DAVANAGERE-577215. 5. CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER,
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NC: 2025:KHC:14038 WP No. 2874 of 2025
3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, SHANTINAGAR, BANGALORE-560002 …RESPONDENTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R5;
V/O/D 24.02.2025 NOTICE TO R2 H/S)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(2)(A-IV) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES AND LEGISLATIVE COMPETENCE AND VOILATIVE OF ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND STRUCK DOWN THE SAME BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.
2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has
1 W.P.No.8502/2022 dated 7.6.2022
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after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.
3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.
4. In that view of the matter, I pass the following:
ORDER i. The Writ Petition is disposed of. ii. The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the
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NC: 2025:KHC:14038 WP No. 2874 of 2025
votes cast by the petitioners in the above matter. iii. In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for
consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv. The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 79