Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2734 OF 2025 (CS-EL/M) BETWEEN:
1. C. R. SURESH KUMAR S/O. RAMAKRISHNA AGED ABOUT 63 YEARS MEMBERSHIP NO.R11062
2. SHOBHA BAI R W/O. C.R SURESH KUMAR AGED ABOUT 49 YEARS MEMBERSHIP NO.R16626
3. KIRAN CHAVAN S/O. C.R SURESH KUMAR AGED ABOUT 29 YEARS MEMBERSHIP NO.R16625
4. G. KOKILA W/O. CHANDRASHEKAR AGED ABOUT 59 YEARS MEMBERSHIP NO.R08774
5. CHANDRASHEKAR S/O. LATE MUNIRATHNAM NAIDU AGED ABOUT 66 YEARS MEMBERSHIP NO.R13193
6. RAJIV C S/O. CHANDRASHEKAR
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
AGED ABOUT 36 YEARS MEMBERSHIP NO.R13267
7. B.V BHASKAR RAO S/O. LATE VENKATESHALU AGED ABOUT 65 YEARS MEMBERSHIP NO.R008003
8. B. LAKSHMIDEVI W/O. B.V BHASKAR RAO AGED ABOUT 54 YEARS MEMBERSHIP NO.R008021
9. N. RANGANNA S/O. NARAYANAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.R005934
10. D.V NAGABHUSHAN S/O. D.N VASUDEVASETTY AGED ABOUT 67 YEARS MEMBERSHIP NO.R5220
11. SUVARNA D.N.
D/O. D.V NAGABHUSHAN AGED ABOUT 66 YEARS MEMBERSHIP NO.R7032
12. LALCHAND VAISHNAV S/O. LATE NARAYAN DAS AGED ABOUT 65 MEMBERSHIP NO.R009080
13. OMPRAKASH VAISHNAV S/O NARAYAN DAS AGED ABOUT 65 YEARS
- 3 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
MEMBERSHIP NO.R009741
14. M.S SHIVAPRAKASH S/O LATE M.S SIDDALINGADEVARU AGED ABOUT 61 YEARS MEMBERSHIP NO.R010837
15. SUMAPRAKASH W/O. SHIVAPRAKASH AGED ABOUT 55 YEARS MEMBERSHIP NO.R016689
16. SHIVAPRIYA W/O. SUDHAKAR KRISHNA MURTHY AGED ABOUT 42 YEARS MEMBERSHIP NO.R20113
17. S. NANJUNDA RAO S/O. LATE SHANKAR RAO AGED ABOUT 72 YEARS MEMBERSHIP NO.R5091
18. M.P AMARNATH S/O.PANDURANGASETTY M.K AGED ABOUT 60 YEARS MEMBERSHIPNO.R3039
19. S. BHASKAR S/O. LATE V. SATYANARAYANASETTY AGED ABOUT 63 YEARS MEMBERSHIP NO.R03230
20. D.A RAMACHANDRA GUPTA S/O ASHWATHNARAYANSETTY AGED ABOUT 82 YEARS MEMBERSHIP NO.R05679
- 4 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
21. K.S PARTHASARATHY S/O LATE K.V RAMAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO.R009864
22. SUKUMAVAISHNAV W/O OMPRAKASHVAISHNAV AGED ABOUT 56 YEARS MEMBERSHIP NO.R10829
23. K.S.V SUBRAMANYA S/O K.V.S RAMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.R10807
24. K.S SATHYANARAYAN S/O K.V.S RAMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.R10806
25. R. MANJUANTH S/O RAJAN REDDY AGED ABOUT 58 YEARS MEMBERSHIP NO.R13640
26. K.R LOKANATH S/O RAMABHADRAIAHSETTY AGED ABOUT 56 YEARS MEMBERSHIP NO.R4407
27.
K.S SHANTHARAM S/O K.V.S RAMAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.R10805
- 5 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
28. PUSHPALATHA W/O LATE SURENDRA KUMAR AGED ABOUT 63 YEARS MEMBERSHIP NO.R16151
29. MUNISH S/O LATE SURENDRA KUMAR AGED ABOU63 YEARS MEMBERSHIP NO.R16152
30. VENKATESH BABU S/O C.P SUBBARAJSETTY AGED ABOUT 70 YEARS MEMBERSHIP NO.R7419
31. P.S SHANKAR NARAYAN W/O LATE SUBBARAJSETTY AGED ABOUT 62 YEARS MEMBERSHIP NO.R6281
32. T. KESHAVASETTY S/O H. THIPPAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO.R11725
33. N.V BABU S/O N. VENKATESH CHALAPATHY SETTY AGED ABOUT 64 YEARS MEMBERSHIP NO.R3277
34. D. JAYAKUMAR S/O DHASHARTHANSETTY AGED ABOUT 72 YEARS MEMBERSHIP NO.R4011
- 6 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
35. C.P JAYALAKSHMI S/O C.N PARAVATHARAJ AGED ABOUT 64 YEARS MEMBERSHIP NO.R4006
36. P.B. PREMANANDA S/O BALARAMSETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.R5561
37. HANIF DADA ALIGHANCHE S/O LATE DADA ALI AGED ABOUT 61 YEARS MEMBERSHIP NO.R3883
38. INDUMATHI P W/O P.B PREMANANDA AGED ABOUT 58 YEARS MEMBERSHIP NO.R3909
39. MUKUNDA RAO S/O B.A BAIROJI RAO AGED ABOUT 75 YEARS MEMBERSHIP NO.R4628
40. M.L MANJUNATH S/O D.M LAKSHMINARAYANSETTY AGED ABOUT 64YEARS MEMBERSHIP NO.R4870
41. S. NANJUNDA RAO S/O LATE SHANKA RAO AGED ABOUT 72 YEARS MEMBERSHIP NO.R5091
- 7 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
42. B.P PRASAD S/O LATE PUTTAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.R5360
43. LEELAVATHI W/O M JANARDHAN AGED ABOUT 59 YEARS MEMBERSHIP NO.R09011
44. JANARDHAN S/O NANJUNDAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO.R8647
45. D.K SANJAY KUMAR S/O D.N KRISHNAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.R10566
46. P.N SHIVAKUMAR S/O NANJUNDARAJ AGED ABOUT 63 YEARS MEMBERSHIP NO.R10767
47. N.A SATHYANARAYANA S/O LATE ANJANAIAH SETTY AGED ABOUT 49 YEARS MEMBERSHIP NO.R11783
48. MAHIPAL SANGAR S/O PUKRAJ SINGVI AGED ABOUT 60 YEARS MEMBERSHIP NO.R12659
- 8 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
49. S. ANANDAN S/O SHIVAPRAKASH AGED ABOUT 51 YEARS MEMBERSHIP NO.R15923
50. B.A PANKAJA S/O MURALI AGED ABOUT 45 YEARS MEMBERSHIP NO.R014126
51.
M.L NARASIMHA GUPTA S/O LAKSHMINARAYANSETTY AGED ABOUT 62 YEARS MEMBERSHIP NO.R5237
52. M. MURALI S/O P. MUNIYAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.R015835
53. JAYANTHI W/O MUNISH AGED ABOUT 33 YEARS MEMBERSHIP NO.R1649
54. AJAY R S/O RADHA KRISHNAN AGED ABOUT 33 YEARS MEMBERSHIP NO.R16150
55. JAYAMMA W/O SIDDA REDDY AGED ABOUT 72 YEARS MEMBERSHIP NO.R04051
- 9 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
56. K.S SHANTHARAM S/O K.V.S RAMAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.R10805
57. P.S SRINIVASSETTY S/O C.P SUBBARAJSETTY AGED ABOUT 70 YEARS MEMBERSHIP NO.R6561
58. P.S VANITHA W/O SRINIVASRAJSETTY AGED ABOUT 66 YEARS MEMBERSHIP NO.R07574
59. H.R BASAVARAJ S/O LATE H.M RUDRAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO.R3227
60. S MUNIKRISHNA S/O SRINIVAS AGED ABOUT 46 YEARS MEMBERSHIP NO.R4783
61. S. SRINIVASAN S/O MUNIKRISHNA AGED ABOUT 51 YEARS MEMBERSHIP NO.R11259
62. LAKSHMAN K S/O K SUBBANNA AGED ABOUT 68 YEARS MENBERSHIP NO. R004368
- 10 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
63. D. SURYANARAYAN S/O DEVANATH SETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.R6010
64. N. NARASIMHA MURTHY S/O G.K NARASIMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.R05008
65. N. PRASAD S/O G.K NARASIMAIAH AGED ABOUT 68 YEARS MEMBERSHIP NO.R05496
66. N. GOPAL S/O G.K NARASIMAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO. R3693
67. NITHYASHREEGOPAL W/O N. GOPAL AGED ABOUT 60 YEARS MEMBERSHIP NO.R05115
68. KUMAR N S/O G.K NARASIMAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.R16833
69. N. VIJAY KUMAR S/O K. SUBBAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.R07667
- 11 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
70. NAVEEN S S/O V.SRINIVASHALU AGED ABOUT 55 YEARS MEMBERSHIP NO.R09527
71. S. DAYANAND S/O SRINIVASHALU AGED ABOUT 55 YEARS MEMBERSHIP NO.R08266
72. M.L ANANTHARAM S/OLAKSHMINARATANSETTY AGED ABOUT 74 YEARS MEMBERSHIP NO.R03047
73. M.L SATHYANARAYAN S/O D.M LAKSHMINARAYANSETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.R013894
74. L.R SATISH S/O L RAMAIAH AGED ABOUT 54 YEARS MEMBERSHIP NO.R10607
75. N. MANI AMAR S/O NAGARAJ M AGED ABOUT 38 YEARS MEMBERSHIP NO.R13937
76.
RANGAVENDRA G.A S/O ASHWATH AGED ABOUT 48 YEARS MEMBERSHIP NO.R014534
- 12 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
77. B.E PRAKASH S/O ESHWARAPPA AGED ABOUT 46 YEARS MEMBERSHIP NO.R014413
78. D.K PUSHPANJALI W/O B.E PRAKASH AGED ABOUT 44 YEARS MEMBERSHIP NO.R014336
79. K.H PRAMEELA W/O K.H PRAMOD AGED ABOUT 55 YEARS MEMBERSHIP NO.R015446
80. B.N ANANDA S/O NARASIMAIAH AGED ABOUT 78 YEARS MEMBERSHIP NO.R2940
81. N. ASHA S/O LATE NAGESH AGED ABOUT 54 YEARS MEMBERSHIP NO.R7815
82. A. GANESHAN S/O LATE ANNAMALAI AGED ABOUT 65 YEARS MEMBERSHIP NO.R3674
83. B.R CHANDRASHEKAR S/O RAMASWAMY AGED ABOUT 78 YEARS MEMBERSHIP NO.R3425
- 13 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
84. VIJAYALAKSHMI W/O B.R CHANDRASHEKAR AGED ABOUT 76 YEARS MEMBERSHIP NO.R2911
85. M. SANTHOSH S/O D. MUNIRATHNAM NAIDU AGED ABOUT 48 YEARS MEMBERSHIP NO.R014067
ALL ARE MEMBERS OF THE GRAIN MERCHANTS CO-OPERATIVE BANK LTD, NO.2, PAMPA MAHAKAVI ROAD, CHAMARAJAPETE, BENGALURU-560 018 …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-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU DISTRICT-560 001
- 14 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU SUB-DIVISION - 560001 BENGALURU TALUK, BENGALURU DISTRICT-560001
5. CHIEF EXECUTIVE OFFICER. THE GRAIN MERCHANTS CO OPERATIVE BANK LTD., NO.2 PAMPAMAHAKAVI ROAD, CHAMRAJAPETE, BENGALURU 560 018 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
6. RETURNING OFFICER THE GRAIN MERCHANTS CO OPERATIVE BANK LTD., NO.2 PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU 560018 (BANK REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 AND R6;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI.
T.P. MUTHANNA, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R5 BANK WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
- 15 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
ORAL ORDER
The petitioners are seeking for the following prayers:-
"i) Issue a writ of mandamus directing the respondent no.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections to the respondent no.5 Bank which is scheduled to be held on 02.02.2025 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 02.02.2025 subject to final outcome of this petition.
3. Heard Sri Sandesh T. B., learned counsel for the petitioners, Sri. Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3, 4 and 6, Sri. T.L. Kiran Kumar, learned counsel for respondent No.2
- 16 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
and Sri. T.P. Muthanna, learned counsel for respondent No.5.
4. 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.5-Bank fairly submits that respondent No.5-Bank has not followed the mandatory requirements of the Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (herein after referred to as ‘the Rules’ for short) and submits that the cast votes of the petitioners to be included while counting and the results to be announced.
- 17 -
NC: 2025:KHC:5913 WP No. 2734 of 2025
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 Act. Whether the petitioners would incur 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 in the election held on 02.02.2025 to the Board of Directors of respondent-society and announce the results.
1 2022 (4) AKR 775
- 18 -
NC: 2025:KHC:5913 WP No. 2734 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.
- 19 -
NC: 2025:KHC:5913 WP No. 2734 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
AT List No.: 1 Sl No.: 31 CT:SNN