Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9931 WP No. 3033 of 2025 C/W WP No. 2566 of 2025 WP No. 2771 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3033 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 2566 OF 2025 (CS-EL/M) WRIT PETITION NO. 2771 OF 2025 (CS-EL/M)
IN WP No. 3033/2025 BETWEEN:
1. G N VIJAYKUMAR S/O A NAGARAJU, AGED ABOUT 42 YEARS, MEMBERSHIP NO.174
2. MADHU N S/O B NAGARAJU, AGED ABOUT 38 YEARS, MEMBERSHIP NO.175
3. VENKATESHAPPA S/O LATE NANJAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.64/1
4. G M SHIVAKUMAR S/O LATE MUNIBYARAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.87
5. G N GANESH S/O LATE NANJAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.96
6. G M ASHWATHNARAYANA S/O LATE MUNIBYARAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.88
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9931 WP No. 3033 of 2025 C/W WP No. 2566 of 2025 WP No. 2771 of 2025
7. AKKAIYAMMA W/O LATE MUNIKRISHNAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.102
8. LAKSHMAMMA W/O LATE RAMAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.119
9. SAKAMMA W/O G KRISHNAPPA, AGED ABOUT 63 YEARS, MEMBERSHIP NO.124
10. HANUMANTHEGOWDA S/O THIMMARAYAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.127
11. AMRUTHA W/O G P MANJUNATH, AGED ABOUT 42 YEARS, MEMBERSHIP NO.129
12. CHANNAKESHAVA S/O LATE MUNIVENKATAPPA, AGED ABOUT 46 YEARS, R/O GADDADANAYAKANAHALLI VILLAGE, MEMBERSHIP NO.150
13. N RAMESHA S/O LATE P NARAYANAPPA, AGED ABOUT 55 YEARS, R/O GADDADANAYAKANAHALLI VILLAGE, MEMBERSHIP NO.160
14. B R MUNIKRISHNAPPA S/O LATE RAMAIAH, AGED ABOUT 65 YEARS, MEMBERSHIP NO.163
15. SUNANDAMMA W/O VENKATESHAPPA, AGED ABOUT 50 YEARS,
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MEMBERSHIP NO.165
16. PRABHA W/O SHIVAKUMAR, AGED ABOUT 50 YEARS, MEMBERSHIP NO.172
17. GOWRAMMA W/O LATE PUTTAIAH, AGED ABOUT 78 YEARS, MEMBERSHIP NO.9/1
18. LAKSHMAMMA W/O LATE M SONNAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.15/1
19. G M NARAYANASWAMY S/O LATE MUNIBYRAPPA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.86
20. MUNILAKSHMAMMA W/O LATE VENKATESHAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.118
21. ERANNA S/O LATE MARIYAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.131
22. MUNIYAMMA W/O LATE PILLAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO.105
23. PAPAMMA W/O MUNIRAJU, AGED ABOUT 50 YEARS, MEMBERSHIP NO.106
24.
M MUNIRAJU S/O LATE MUNIYAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.93
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25. M NARAYANASWAMY S/O LATE MARIYAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO.151
26. MUNITHIRMALAMMA W/O LATE NARAYANAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.107
27. G N KRISHNAMMA W/O LATE KRISHNAPPA, AGED ABOUT 62 YEARS, MEMBERSHIP NO.113
28. C KRISHNAPPA S/O LATE CHIKKAPILLAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.99/3
29. RATHNAMMA W/O C KRISHNAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.158
30. SAMPAGAMMA W/O M VENKATESHAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.120
31. G M JAGADISH S/O LATE MUNIBYARAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.164
ALL ARE R/O GADDADANAYAKANAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135
…PETITIONERS (BY SRI. MANJUNATHESWAR J.,ADVOCATE)
AND:
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NC: 2025:KHC:9931 WP No. 3033 of 2025 C/W WP No. 2566 of 2025 WP No. 2771 of 2025
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO OPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560001
2. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER BENGALURU RURAL DISTRICT, D C OFFICE COMPOUND, BEERASANDRA, KUNDANA HOBLI, DEVANAHALLI, BENGALURU RURAL DISTRICT-562125
3. THE ASSISTANT REGISRAR OF CO OPERATIVE SOCIETIES DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203
4. GADDADANAYAKANAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD GADDADANAYAKANAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
(WHICH IS A CO OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959)
5. THE RETURNING OFFICER GADDADANAYAKANAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD., GADDADANAYAKANAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135
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6. 1. 2. 3. 4.
THE KARNATAKA STATE CO OPERATIVE ELECTION AUTHORITY BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027 REPRESENTED BY ITS SECRETARY. …RESPONDENTS
SRI. SAMPATH KUMAR S/O MUNIRAJU AGED ABOUT 40 YEARS
G.S. RAJANNA S/O SONAPPA AGED ABOUT 56 YEARS
G.N. GOPI S/O G.P. NARAYANAPPA AGED ABOUT 50 YEARS
G.N. RAJANNA S/O NANJAPPA AGED ABOUT 56 YEARS
ALL ARE MEMBERS OF GADANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, LTD., GADDADANAYAKANAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135
…IMPLEADING APPLICANTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3 & R5;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R6;
SRI. M.R.RAJAGOPAL, SR.COUNSEL FOR SRI.ROHITH.C., ADVOCATE FOR R4;
SRI. JAI PRAKASH REDDY M., ADVOCATE FOR IMPLEADING APPLICANT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
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APPROPRIATE WRIT NATURE DECLARING THAT THE ACTION OF THE 4TH RESPONDENT SOCIETY IN INCLUDING THE NAMES OF THE PETITIONERS HERSIN IN THE LIST OF INELIGIBLE VOTERS AT ANNEXURE-B AS BAD AND ILLEGAL AND THAT IT IS NOT IN CONFORMITY WITH SUB-RULE (2-A) OF RULE 13-D OF THE RULES. IN WP NO. 2566/2025 BETWEEN:
1. A NAGARAJU S/O. LATE ASHWATHAPPA, AGED ABOUT 75 YEARS, MEMBERSHIP NO 06
2. VENKATAPPA, S/O. LATE CHIKKANANJAPPA, AGED ABOUT 80 YEARS, MEMBERSHIP NO 04
3. SMT. CHANNAMMA, W/O, LATE SAMPANGIRAMAIAH, AGED ABOUT 70 YEARS, MEMBERSHIP NO 82
4. SMT. SHASHIKALA, W/O. G.M. GANESH, AGED ABOUT 55 YEARS, MEMBERSHIP NO 67
5. B. GOPALA, S/O. LATE P. BYRAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO 80
6. C. MUNIRAJU, S/O. LATE CHIKKAPILLAPPA, AGED ABOUT 75 YEARS, MEMBERSHIP NO 85
7. SMT. RATNAMMA, W/O. D. RAMACHANDRAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO 111
8. G.M. GANESH, S/O. LATE MUNIKRISHNAPPA,
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AGED ABOUT 55 YEARS, MEMBERSHIP NO 113
9. SMT. SHYAMALA, W/O. P. PRABHAKARA, AGED ABOUT 40 YEARS, MEMBERSHIP NO 116
10. SMT.
GAYATHRI, W/O. B. GOPALA, AGED ABOUT 40 YEARS, MEMBERSHIP NO 97
ALL ARE R/O. GADDADANAYAKA.NAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT 562135. ...PETITIONERS (BY SRI. G CHANDRASEKHARAIAH.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER. BENGALURU RURAL DISTRICT, D.C. OFFICE COMPOUND, BEERASANDRA, KUNDANA HOBLI, DEVANALLI, BENGALURU RURAL DISTRICT-562125. 3. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203. 4. GADDADANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GADDADANAYAKANAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI,
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DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562135. REPTD. BY ITS CHIEF EXECUTIVE OFFICER. (WHICH IS A COOPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959)
5. THE RETURNING OFFICER, GADDADANAYAKANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., GADDADANAYAKANAHALLI VILLAGE, MANDIBELE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562135. 6. THE KARNATAKA STATE COOPERATIVE ELECTION AUTHORITY , BMTC BUILDING, 3rd FLOOR, SHANTHINAGARA BENGALURU 560027 REPTD BY ITS SECRETARY ...RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 TO R3 & R5;
SRI. T.L. KIRAN KUMAR.,ADVOCATE FOR R6;
SRI. M.R.RAJAGOPAL, SR.COUNSEL FOR SRI. ROHITH.C., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THAT THE ACTION OF THE 4TH RESPONDENT SOCIETY IN INCLUDING THE NAMES OF THE PETITIONERS HEREIN THE LIST OF INELIGIBLE VOTERS AT ANNEXURE-B AS BAD AND ILLEGAL AND THAT IT IS NOT IN CONFORMITY WITH SUB-RULE (2-A) OF RULE 13-D OF THE RULES;
AND ETC
IN WP NO. 2771/2025 BETWEEN:
1. SRI M GANGADHARA, S/O MUNIYAPPA, AGED ABOUT 55 YEARS,
2. SRI G M SHIVANNA, S/O MUNIVEERAPPA, AGED ABOUT 58 YEARS,
3.
SRI M RAJANNA, S/O MUNIVEERAPPA, AGED ABOUT 63 YEARS,
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4. SRI G S NARAYANAGOWDA, S/O SONNAPPA, AGED ABOUT 38 YEARS,
5. SRI ERANNA, S/O MARIYAPPA, AGED ABOUT 56 YEARS,
6. SMT. MANJULAMMA, W/O MUNIRAJU R., AGED ABOUT 58 YEARS,
7. SRI S RAJANNA, S/O CHIKKASAKAPPA AGED ABOUT 55 YEARS
8. SRI G MUNIRAJU, S/O GOPALAPPA, AGED ABOUT 53 YEARS,
9. SRI C GANGADHARA, S/O S N CHANDRAPPA, AGED ABOUT 48 YEARS
10. SMT. NIRMALA, W/O RAMASWAMY AGED ABOUT 55 YEARS
11. SRI M KEMPANNA, S/O MUNIYAPPA, AGED ABOUT 48 YEARS
12. SMT. SUMITHRAMMA, W/O SUBRAMANI G.K., AGED ABOUT 60 YEARS
13. SRI BACHEGOWDA, S/O MUNIRAJU R, AGED ABOUT 38 YEARS
14. SMT. AMBIKA W/O NAGESH G P., AGED ABOUT 45 YEARS
15. SMT. KAMALAMMA W/O S N CHANDRAPPA, AGED ABOUT 55 YEARS
16. SMT. RATHNAMMA
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W/O KRISHNAPPA C., AGED ABOUT 62 YEARS
17. SMT. SAVITHA W/O GANGADHAR C., AGED ABOUT 40 YEARS
18. SMT. N ANASUYAMMA W/O SHIVANNA, AGED ABOUT 50 YEARS
19. SMT. PRABHA W/O DEVARAJU V, AGED ABOUT 38 YEARS
20. SRI GOPALAPPA S/O NARAYANAPPA, AGED ABOUT 75 YEARS,
21. SMT. B N LAKSHMAMMA W/O NARAYANAPPA G P., AGED ABOUT 60 YEARS
22. SMT. SONNAMMA W/O SONNAPPA A AGED ABOUT 70 YEARS
23. SMT. LAKSHMAMMA W/O KRISHNAPPA N, AGED ABOUT 75 YEARS
24. SMT. NARAYANAMMA W/O KRISHNAPPA N, AGED ABOUT 70 YEARS
25. SMT. AKYAMMA W/O NANJAPPA, AGED ABOUT 70 YEARS,
26. SRI A SUBANNA S/O APPAYANNA, AGED ABOUT 75 YEARS
27. SRI G K RAJANNA S/O KRISHNAPPA N, AGED ABOUT 60 YEARS,
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28. SRI P RAMAPPA S/O PILLAPPA, AGED ABOUT 52 YEARS
ALL ARE R/O GADDADANAYAKANAHALLI, MANDIBELE POST, DEVANAHALLI TALUK, BENGALURU RURAL - 562135. ...PETITIONERS (BY SRI. PRAKASH SHETTY S.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001. REP BY ITS SECRETARY. 2.
GADDADANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GADDADANAYAKANAHALLI, MANDIBELE POST, DEVANAHALLI TALUK, BENGALURU RURAL - 562135 REP BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BENGALURU - 560027 REP BY ITS SECRETARY. 4. RETURNING OFFICER GADDADANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MANDIBELE POST, DEVANAHALLI TALUK, BENGALURU RURAL – 562135
5. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, DEPUTY COMMISSONERS OFFICE BEERASANDRA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562110
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1. 2. ...RESPONDENTS
SMT. PADAMAMMA W/O RAMANNA AGED ABOUT 59 YEARS,
SMT. SAROJAMMA W/O LAKSHMANNA AGED ABOUT 62 YEARS
BOTH R/O GADDADANAYAKANALLI MANDIBELE POST, DEVANAHALLI TALUK, BANGALORE RURAL DIST-562135. ...IMPLEADING APPLICANTS
(BY SRI. YOGESH D.NAIK., AGA FOR R1, R4 & R5;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3;
SRI. M.R.RAJAGOPAL, SR.COUNSEL FOR SRI.ROHITH.C., ADVOCATE FOR R4; SRI. N. THIMMEGOWDA., ADVOCATE FOR IMPLEDING APPLICANTS.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAIN TO ISSUE OF THE CALENDAR OF EVENTS ISSUED BY 4TH RESPONDENT DATED 16-01-2025 AND ETC. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners in W.P.No.3033/2025 are before this Court seeking for the following reliefs:
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a. Issue a writ of appropriate nature declaring that the action of the 4th Respondent society in including the names of the petitioners herein the list of ineligible voters at Annexure-B as bad and illegal and that it is not in conformity with sub-Rule (2-A) of Rule 13-D of the Rules; and
b. Issue a writ in the nature of certiorari or any other writ or appropriate order quashing the list of ineligible voters published by the 4th respondent society at Annexure-B as far as petitioners are concerned. c. Issue appropriate writ or order declaring that the petitioners autorickshaw eligible to vote in the election fixed on 04.02.2025 to the Board of the 4th respondent society; and
d. Grant any other relief as deemed fit by this Hon’ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity. 2. The petitioners in W.P.No.2566/2025 are before this Court seeking for the following reliefs: i. Issue a writ of appropriate nature declaring that the action of the 4th Respondent society in including the names of the petitioners herein the list of ineligible voters at Annexure-B as bad and illegal and that it is not in conformity with sub-Rule (2-A) of Rule 13-D of the Rules; and
ii. Issue a writ in the nature of certiorari or any other writ or appropriate order quashing the list of ineligible voters published by the 4th respondent society at Annexure-B as far as petitioners are concerned. iii. Issue appropriate writ or order declaring that the petitioners autorickshaw eligible to vote in
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the election fixed on 04.02.2025 to the Board of the 4th respondent society; and
iv. Grant any other relief as deemed fit by this Hon’ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity. 3.
The petitioners in W.P.No.2771/2025 are before this Court seeking for the following reliefs: a) Call for records pertain to issue of the calendar of events issued by 4th Respondent dated 16.01.2025
b) Issue a writ, order, direction, writ of mandamus directing the respondents 2 to 5 to prepare voter list of R2-Society for the year 2025- 20230, in accordance with list of members without insisting under Section 20(2) (a-iv) (a- v) of Act. c) Issue a writ or order, direction, writ of mandamus directing the respondents to permit the petitioner to vote in upcoming election of the Board of Directors for the term 2025 to 2030 of the R2-Society as per Annexure-A of calendar of events dated 16.01.2025 issued by R4. d) Grant such other relief as deemed fit in facts and circumstances of the case by this Hon’ble Court, in the interest of justice and equity. 4. The grievance of the petitioners is that the petitioners were included in the list of ineligible voters without compliance with Clause (ii) of Sub-rule (2A) of Rule 13D of the Karnataka Cooperative Rules, 1960, inasmuch as
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no prior notice of six months has -been issued to the petitioners. 5.
Learned counsel for respondent No.4, on enquiry, submits that notices had been issued on 3.01.2025 by registered post.
6. Even if the said submission were to be accepted, the elections have to be held on 4.02.2025, the notices have not been issued 15 days prior to six months, then the question of including the names of the petitioners in the ineligible voters list would not arise.
7. This Court vide
order dated 1.02.2025 in W.P. No.3033/2025, dated 30.01.2025 in W.P. No.2566/2025 and dated 31.01.2025 had permitted the petitioners to cast their votes in the election subject to the outcome of this petition. The petitioners have cast their votes and the same have been kept in a separate ballot box.
8. In view of my findings, the petitioners could not be held to be ineligible voters without compliance with the aforesaid requirements. Hence, I pass the following:
ORDER i. The petitions are partly allowed.
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ii. The respondent No.5 is directed to announce the result of the election by counting the votes of the petitioners and announcing the result of the election within seven days from the date of receipt of copy of this order subject to there being no other injunction in any other proceedings. iii. Respondents No.1 and 2 are directed to take action against the Chief Executive Officer of respondent No.4 for non-compliance with the requirements of Clause (ii) of Sub-rule (2A) of Rule 13D of the Karnataka Cooperative Societies Rules,
1960. Report to be filed within four weeks. iv. Pending IAs do not survive for consideration.
SD/- (SURAJ GOVINDARAJ) JUDGE
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