Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11643 WP No. 3036 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3036 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI. MAHADEV AGED ABOUT 60 YEARS, S/O. JAVAREGOWDA, SHARE NO.47/13
2. SRI. H.V.VEERAIAH AGED ABOUT 77 YEARS, S/O. KALLAMMA SHARE NO.64/1. 3. MADHEGOWDA SRI. AGED ABOUT 76 YEARS, S/O. JOGAIAH, SHARE NO.65/1
4. SRI. K.B.BORAIAH AGED ABOUT 72 YEARS, S/O. BOREJOGAIAH, SHARE NO.70/1
5. SMT. CHIKKAMADAMMA AGED ABOUT 73 YEARS, S/O. DYAVARASAIAH, SHARE NO.184/1
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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6. SRI. MALLESH AGED ABOUT 49 YEARS, S/O. SANNAIAH, SHARE NO.15/2
7. SRI. NAGAIAH AGED ABOUT 66 YEARS, S/O. ERAIAH, SHARE NO.111
8. SRI. CHIKKARAIAH AGED ABOUT 53 YEARS, S/O. ERRAIAHMOTEGOWDA, SHARE NO.53/2
9. SMT. MANJULA AGED ABOUT 58 YEARS, D/O. MADHEGOWDA, SHARE NO.100/2
10. SRI. NAGAIAH AGED ABOUT 63 YEARS, S/O. ERAMOTAIAH, SHARE NO.117/2
11. SRI. SHIVARAMU AGED ABOUT 60 YEARS, S/O. CHANCHALUTHISAIAH, SHARE NO.126/2
12. SRI. RAMIRAIAH AGED ABOUT 55 YEARS, S/O. CHIKKIRAIAH, SHARE NO.181/2
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13. SRI. H.V.NINGARAJU AGED ABOUT 58 YEARS, S/O. DODDIRALAH, SHARE NO.193/2. 14. SRI. DODDASIDHAMMA SAGED ABOUT 69 YEARS, D/O. MARABALAIH, SHARE NO.23/3
15. SRI. THIMANNA AGED ABOUT 74 YEARS, S/O. BORAIAH,
16. SRI. P. PUTTASWAMY AGED ABOUT 48 YEARS, S/O. KENCHARAIAH, SHARE NO.36/3
17. SRI. BASAVARAJU AGED ABOUT 34 YEARS. S/O. MAHADEV, SHARE NO.49/3
18. SMT. PADMAMMA AGED ABOUT 46 YEARS, W/O. MADHAIAH,
19. SMT. CHENNAMMA AGED ABOUT 55 YEARS, W/O. DAIVYAPOJE, SHARE NO.170/3
20. SMT. JAYAMMA AGED ABOUT 63 YEARS,
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W/O. MALLAIAH, SHARE NO.191/3
21. SMT. POORNIMA AGED ABOUT 38 YEARS, W/O. KUMAR N., SHARE NO.41/4
22. SMT. BHAGYAMMA AGED ABOUT 55 YEARS, W/O. MALLAIAH., SHARE NO.56/4
23. SRI. PUTTABAIRA HEGDE SAGED ABOUT 46 YEARS, S/O. MARIYAIAH, SHARE NO.86/4
24. SMT. SAROJAMMA AGED ABOUT 55 YEARS, D/O. MUTHAMMA SHARE NO.93/2
25. SRI. SIDDAIAH AGED ABOUT 62 YEARS, S/O. SIDDANATHA SHARE NO.47/2
26. SRI. NANJUNDALAH AGED ABOUT 68 YEARS, S/O. KALLAIAH, SHARE NO.194/13
27. SMT. V. S.TEJAMANI AGED ABOUT 46 YEARS,
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D/O. B. BORAIAH, SHARE NO.78/3
28. SRI.
VENKATESH AGED ABOUT 63 YEARS, S/O. VENKATBOI, SHARE NO.71/11
29. SRI. SHIVARAJU AGED ABOUT 57 YEARS, S/O. KULLAMUTHAIAH, SHARE NO.107/14
30. SMT. MUTHAMMA AGED ABOUT 52 YEARS, W/O. SHIVARAJU, SHARE NO.168/2
31. SRI. DEEPAK KUMAR AGED ABOUT 32 YEARS, S/O. CHANDRAMOULY SHARE NO.57/4
32. SMT. RATHANA AGED ABOUT 45 YEARS, W/O. MAHADEVA SHARE NO.182/3
33. SRI. MADAIAH AGED ABOUT 70 YEARS, S/O. CHENNEGOWDA SHARE NO.34/1
34. SRI. CHENNEGOWDA AGED ABOUT 65 YEARS,
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S/O. CHANNAIAH SHARE NO.42/13
35. SRI. SIDDEGOWDA AGED ABOUT 56 YEARS, S/O. HOTTEGOWDA SHARE NO. 182/13
36. SMT. RATHANAMMA AGED ABOUT 49 YEARS, W/O. HONNALAH SHARE NO.187/13
37. SRI. K.G. SWAMY AGED ABOUT 51 YEARS, S/O. JOGAIAH SHARE NO.2/14
38. SRI. NAGARAJU K.B AGED ABOUT 57 YEARS, S/O. BETTAIAH SHARE NO.158/14
39. SMT. BEERAMMA AGED ABOUT 55 YEARS, W/O. SIDDAIAH SHARE NO.174/14
40. SRI. SIDDEGOWDA AGED ABOUT 50 YEARS, S/O. JOGI SHARE NO.175/14
41. SRI. SHIVASHANKAR AGED ABOUT 44 YEARS, S/O. CHIKKAPUTTAIAH
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SHARE NO.188/14
42. SRI. CHANNACHARI AGED ABOUT 58 YEARS, S/O. KENCHACHARI SHARE NO.200/14
43. SRI. JOGAIAH AGED ABOUT 64 YEARS, S/O. PEDDAJOGAIAH SHARE NO.52/1
44. SRI. S. SIDDAIAH AGED ABOUT 66 YEARS, S/O. SIDAIAH SHARE NO.87/1
45. SMT. MARISIDDAMMA AGED ABOUT 64 YEARS, W/O. SIDDAIAH SHARE NO.152/1
46. SMT. CHANNAMMA AGED ABOUT 65 YEARS, W/O. CHANNAIAH @ SHILLAIAH SHARE NO.159/1
47. SRI. HAKKI CHENNEGOWDA AGED ABOUT 59 YEARS, S/O. CHANNAIAH @ BUKKALAIAH SHARE NO.68/2
48. SRI. HONNAIAH AGED ABOUT 48 YEARS, S/O. CHIKKAPUTTAIAH SHARE NO.70/2. - 8 -
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49. SRI. CHANNAMALLEGOWDA AGED ABOUT 54 YEARS, S/O. CHIKKEGOWDA SHARE NO.98/2
50. SRI. GANESH AGED ABOUT 53 YEARS, S/O. CHANAIAH SHARE NO.99/2
51. SMT. CHIKKAWAYAMMA AGED ABOUT 62 YEARS, W/O. MUDDEGOWDA SHARE NO.111/2
52. SRI. K.J. SHEKAR AGED ABOUT 63 YEARS, S/O. JOGIGOWDA SHARE NO.140/2
53. SMT.
LAKSHMI K J AGED ABOUT 39 YEARS, W/O. CHENNEGOWDA SHARE NO.171/2
54. SMT. LAKSHMI M AGED ABOUT 40 YEARS, W/O. SHIVASHANKAR SHARE NO.175/2
55. SRI. LAKSHMAN K.P AGED ABOUT 46 YEARS, S/O. CHIKKAPUTAIAH SHARE NO.27/3
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56. SMT. B. G. HEMATHLATHA AGED ABOUT 58 YEARS, W/O. C. CHENNEGOWDA SHARE NO.151/3
57. SRI. KULLAJOGAIAH AGED ABOUT 62 YEARS, S/O. KULLAJOGAIAH SHARE NO.157/3
58. SRI. KENCHEGOWDA AGED ABOUT 54 YEARS, S/O. NANJUNDAIAH SHARE NO.159/3
59. SRI. DOLLAIAH AGED ABOUT 59 YEARS, S/O. GOWDAIAH SIDDAIAH SHARE NO.179/3
60. SRI. PUTTASWAMACHARI AGED ABOUT 61 YEARS, S/O. KENCHACHARI SHARE NO.188/3
61. SMT. GAYATHRI AGED ABOUT 54 YEARS, W/O. SIDDEGOWDA SHARE NO.9/4
62. SMT. K.S. SIDDAMADAMMA AGED ABOUT 24 YEARS, W/O. K.S. JOGAIAH SHARE NO.91/4
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63. SRI. H. PUTTARAJU AGED ABOUT 51 YEARS, S/O. HONNAIAH SHARE NO.196/11
64. SRI. C.N. SHANKARNARAYANARAO AGED ABOUT 66 YEARS, S/O. NANJUNDASWAMY LOAN NO.127/3
65. SMT. SUNDARAMANI AGED ABOUT 63 YEARS, W/O. MADARAJEARUSU LOAN NO.158/10
66. SMT. PUTTAGOWRAMMA AGED ABOUT 48 YEARS, W/O. MAHADEVAIAH LOAN NO.176/11
67. SMT. SUJATHA AGED ABOUT 53 YEARS, W/O. B. PUTTAIAH LOAN NO.187/11
68. SRI. K.S. RAJANNA AGED ABOUT 51 YEARS, S/O. SIDDAIAH LOAN NO.190/11
69. SRI. C. GURUMURTHY AGED ABOUT 43 YEARS, S/O. SIREGOWDA LOAN NO.27/13
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70. SMT. NEELAMMA AGED ABOUT 54 YEARS, W/O. SHIVARAJU LOAN NO.94/13
71. SRI. SHIVUMAHADEVA AGED ABOUT 49 YEARS, S/O. JAVAREGOWDA LOAN NO.197/13
72. SMT. GIRIMALLAMMA AGED ABOUT 53 YEARS, W/O. KUNDAPALA LOAN NO.117/14
73. SRI. MALLESHA AGED ABOUT 41 YEARS, S/O. JAVARAIAH LOAN NO.144/14
74. SRI. JOGAIAH AGED ABOUT 58 YEARS, S/O. PITTAIAH LOAN NO.167
75. SRI. JOGAIAH AGED ABOUT 46 YEARS. S/O. JOGAIAH LOAN NO. 185/14
76. SRI. H.V. MADAIAH AGED ABOUT 63 YEARS, S/O. EREGOWDA LOAN NO.74/1
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77.
SRI. JOGAIAH AGED ABOUT 53 YEARS, S/O. SIDDAMADAMMA LOAN NO.172/1
78. SMT. GOWRAMMA AGED ABOUT 48 YEARS, W/O. HONNAIAH LOAN NO.79/2
79. SRI. KUMARASWAMY AGED ABOUT 60 YEARS, S/O. NANJUNDAPPA LOAN NO.186/2
80. SMT. CHIKKENAMMA AGED ABOUT 65 YEARS, W/O. BEERAIAH LOAN NO.59/3
81. SMT. PUTTACHENNAMMA AGED ABOUT 42 YEARS, W/O. BEERAIAH LOAN NO.60/3
82. SRI. C.N. SURESHA AGED ABOUT 48 YEARS, S/O. C.S. NAGARAJAIAH LOAN NO.87/3
83. SMT. PARVATHAMMA AGED ABOUT 54 YEARS, W/O. GANESHA LOAN NO.184/3
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84. SRI. GANESHA AGED ABOUT 59 YEARS, S/O. MEESEGURUVAIAH LOAN NO.187/3
85. SRI. CHENNAIAH AGED ABOUT 65 YEARS, S/O. GANTEKULLAKAH LOAN NO.87/4
86. SRI. CHOWDALAH AGED ABOUT 68 YEARS, S/O. ERAIAH LOAN NO.57/14
87. SRI. BHARATH MOHAN C AGED ABOUT 46 YEARS, S/O. SHANKARNARAYANA RAJ LOAN NO.64/14
88. SRI..RC SOMESHA AGED ABOUT 37 YEARS, S/O. CHIKKAJAVARAIAH LOAN NO.118/3
89. SRI. MAHADEVA AGED ABOUT 38 YEARS, S/O. HONGAIAH LOAN NO.92/14
90. SMT. LINGAMMA AGED ABOUT 52 YEARS, W/O. PUTTEGOWDA LOAN NO.21/3
ALL PETITIONERS ARE RESIDING AT
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ANNASALE-KURUBARAPURA VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT-571 424. …PETITIONERS (BY SRI. KANTHARAJU C S., 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, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER DISTRICT OFFICE, SUBHASH NAGAR, 1ST CROSS, MANDYA DISTRICT-573 201. 4. RETURNING OFFICER, CHIKKAMULAGODU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., CHIKKAMULAGODU VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT - 571 424. - 15 -
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5. CHIKKAMULAGODU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER CHIKKAMULAGODU VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT 571 424.
5TH RESPONDENT SOCIETY IS REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959
…RESPONDENTS
(BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4;
SRI. T L KIRAN KUMAR, ADVOCATE FOR R2;
VIDE ORDER DATED:18.2.25, R5-CHIKKAMULAGODU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MANDYA SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2, 3, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 05.02.2025 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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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 votes 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 a separate ballot boxes.
2. A Co-ordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has 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
1 W.P.No.8502/2022 dated 7.6.2022
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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 in the above matter is
directed to announce the result within seven days of the receipt of a copy of this order by taking into account the 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
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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 a 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
NG List No.: 1 Sl No.: 63 CT:SK