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High Court of Karnataka · body

2025 DAILYLAW 15934 (KAR)

NITHIN PUTHRAN v. THE STATE OF KARNATAKA

WP/3061/2025 · 2025-03-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 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. 3061 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 4556 OF 2025 (CS-EL/M) IN WP No. 3061/2025 BETWEEN: 1. NITHIN PUTHRAN S/O HARISHCHANDRA AGED ABOUT 49 YEARS MEMBER NO:A-651 2. SANDESH S/O ANANDA SUVARNA AGED ABOUT 44 YEARS MEMBER NO:507 3. ANIL KUMAR S/O ACHUTHA SUVARNA AGED ABOUT 55 YEARS MEMBER NO:189 4. TULASI SUVARNA W/O GOPAL PUTHRAN AGED ABOUT 61 YEARS MEMBER NO:631 5. LOKESH ULLAL S/O RAMANATHA PUTHRAM AGED ABOUT 56 YEARS MEMBER NO: 357 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 6. BABITHA L ULLAL W/O LOKESH ULLAL AGED ABOUT 51 YEARS MEMBER NO: 482 7. UMAVATHI K SUVARNA W/O KESHAVA SUVARNA AGED ABOUT 76 YEARS MEMBER NO: 59 8. VISHWANATHA SHETTY S/O THYAMPANNA SHETTY AGED ABOUT 74 YEARS MEMBER NO: 35 9. KRISHNA KUMAR S/O GOPALA SUVARNA AGED ABOUT 71 YEARS MEMBER NO: 130 10. SUKUMAR SUVARNA S/O ACHUTHA SUVARNA AGED ABOUT 63 YEARS MEMBER NO: 190 11. VIJAYA MENDON S/O MAHABALA SALIAN AGED ABOUT 66 YEARS MEMBER NO: 184 12. SRINIVAS BOLAR S/O LINGAPPA AGED ABOUT 72 YEARS MEMBER NO: 238 13. RATHNAKAR KANCHAN S/O GURUVA KARKERA AGED ABOUT 58 YEARS MEMBER NO: 172 - 3 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 14. ANIL KUMAR S/O VENUGOPAL AGED ABOUT 65 YEARS MEMBER NO: 356 15. SANDEEP S/O DEVADAS SALIAN AGED ABOUT 58 YEARS MEMBER NO: 45 16. GIRIDHAR R KOTIAN S/O RAMA A SALIAN AGED ABOUT 65 YEARS MEMBER NO: 82 17. SATHISH KANCHAN S/O SHESAPPA SUVARNA AGED ABOUT 69 YEARS MEMBER NO: 123 18. HANEEF S/O B ABDULLA AGED ABOUT 70 YEARS MEMBER NO: 175 19. H YASHPAL SUVARNA S/O GOPAL PUTHRAN AGED ABOUT 71 YEARS MEMBER NO: 264 20. BHASKAR BENGRE S/O PUNDALEEKA KARKERA AGED ABOUT 65 YEARS MEMBER NO: 296 21. ARUN PUTHRAN S/O DEVENDRA SUVARNA AGED ABOUT 57 YEARS MEMBER NO: 617 - 4 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 22. GILBERT D SOUZA S/O FEDRICK D SOUZA AGED ABOUT 59 YEARS MEMBER NO: 354 23. MOURIS D SOUZA S/O JORGE D SOUZA AGED ABOUT 77 YEARS MEMBER NO: 127 24. WALTER D SOUZA S/O ALEXANDER D SOUZA AGED ABOUT 66 YEARS MEMBER NO: 400 25. VINCENT D SOUZA S/O LADEN D SOUZA AGED ABOUT 62 YEARS MEMBER NO: 399 26. FRANCIS D SOUZA S/O ALEXANDER D SOUZA AGED ABOUT 54 YEARS MEMBER NO: 586 27. VINCENT D SOUZA S/O JERRY D SOUZA AGED ABOUT 55 YEARS MEMBER NO: 428 28. KUSUMA W/O HARISHCHANDRA PUTHRAN AGED ABOUT 71 YEARS MEMBER NO: 29. NITHYANANDA KARKERA S/O. MANKU BANGERA, AGED ABOUT 73 YEARS, MEMBER NO.42 - 5 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 30. VASANTHI C SALIAN W/O. CHANDRA SHEKHAR B SALIAN, AGED MAJOR MEMBER NO.96 31. PRASHANTH S/O. NILA KOTIAN, AGED MAJOR MEMBER NO.110. 32. UMAVATHI. D W/O. DAYANANDA AMIN, AGED MAJOR MEMBER NO.114. 33. GANAPATHI KOTIAN S/O. BYRA SUVARNA, AGED ABOUT 69 YEARS, MEMBER NO.131. 34. NITESH S/O NEELA KOTIAN AGED MAJOR MEMBER NO: 151 35. SHANKAR SUVARNA S/O SRINIVAS PUTHRAN AGED MAJOR MEMBER NO: 152 36. ASHOK MENDON S/O SHIVANANDA PUTHRAN AGED MAJOR MEMBER NO: 202 37. HARISH KARKERA S/O NARAYAN KARKERA AGED ABOUT 56 YEARS MEMNER NO: 488 - 6 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 38. JEEVAN PUTHRAN S/O LAXMAN KOTIAN AGED MAJOR MEMBER NO:274 39. JANAKI PUTHRAN W/O MOHANDAS SALIAN AGED MAJOR MEMBER NO:277 40. B V NAGRAJ S/O B V AMIN AGED ABOUT 60 YEARS MEMBER NO: 600 41. ANUSOOYA W/O THUKARAM SALIAN AGED MAJOR MEMBER NO: 548 42. KASHINATH KOTIAN S/O SOMAYYA 63 SALIAN AGED ABOUT YEARS MEMBER NO: 402 43. BABU SUVARNA S/O DHARMA PUTHRAN AGED ABOUT 77 YEARS MEMBER NO: 403 44. SURESH KOTIAN S/O CHETHANAPPA KARKERA AGED MAJOR MEMBER NO: 409 45. SHANTHARAM CHANDAN W/O ESHWAR MENDON AGED MAJOR MEMBER NO: 437 46. VIJAYA KOTIAN W/O NAGAPPA THINGALAYA - 7 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 AGED MAJOR MEMBER NO: 461 47. THARANATH KARKERA S/O KRISHANPPA PUTHRAN AGED ABOUT 60 YEARS MEMBER NO: 597 48. HARISH PUTHRAN S/O GANGARAM SRIYAN AGED ABOUT 52 YEARS MEMBER NO: 499 49. UDAYA SALIAN S/O GIRIYAPPA AGED MAJOR MEMBER NO: 511 50. LAXMAN SHETTY S/O KUNHANNA SHETTY AGED MAJOR MEMBER NO: 176 51. BANU PRAKASH S/O SADANANADA BANGERA AGED ABOUT 44 YEARS MEMBER NO: 632 52. SHANKARA BANGERA S/O KRISHNAPPA PUTHRAN AGED ABOUT 62 YEARS MEMBER NO: 657 53. NARAYANA S/O PADMANABHA SRIYAN AGED ABOUT 45 YEARS MEMBER NO: 659 54. GOVARDHANA SALIAN S/O LAXMAN KANCHAN AGED ABOUT 64 YEARS - 8 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 MEMBER NO: A 28 55. SURESH BANGERA S/O RAMACHANDRA AMIN AGED ABOUT 60 YEARS MEMBER NO: 320 56. ASHOK KANCHAN S/O KRISHNAPPA SALIAN AGED ABOUT 65 YEARS MEMBER NO: 314 57. SHARMILA SUVARNA W/O ANIL SUVARNA AGED ABOUT 42 YEARS MEMBER NO: 615 58. PRAMEELA W/O ANIL KUMAR AGED ABOUT 47 YEARS MEMBER NO: 577 59. ANIL SUVARNA S/O SHANKAR SUVARNA AGED ABOUT 57 YEARS MEMBER NO: 578 60. PUSHPA K SALIAN W/O KESHAVA SALIAN AGED ABOUT 69 YEARS MEMBER NO:591 61. PADMANABHA PUTHRAN S/O GURUVAPPA KARKERA AGED ABOUT 65 YEARS MEMBER NO: 340 62. ATHMARAM BANGERA S/O JANARDHAN KARKERA AGED ABOUT 72 YEARS MEMBER NO: 347 - 9 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 63. DEVENDRA KARKERA S/O KRISHNAPPA KARKERA AGED ABOUT 72 YEARS MEMBER NO:295 64. UMESH KARKERA S/O THIMAJU GURIKAR AGED ABOUT 70 YEARS MEMBER NO:133 65. HEMACHANDRA PUTHRAN W/O BELAPPA KOTIAN AGED ABOUT 72 YEARS MEMBER NO: 532 66. BHARATHI KARKERA W/O RAJEEVA KARKERA AGED ABOUT 57 YEARS MEMBER NO: 316 67. ANANDA MENDON S/O DEVAPPA SUVARNA AGED ABOUT 64 YEARS MEMBER NO: 124 68. EKANATH AMIN S/O VEERAPPA SUVARNA AGED ABOUT 64 YEARS MEMBER NO: 156 69. SADASHIVA SUVARNA S/O HARIYAPPA AGED ABOUT 70 YEARS MEMBER NO: 328 70. CHANDRASHEKAR KARKERA S/O NARAYANA KARKERA AGED ABOUT 65 YEARS MEMBER NO: 460 - 10 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 71. MADHAVA PUTHRAN S/O LAXMAN SUVARNA AGED ABOUT 74 YEARS MEMBER NO 276 72. KESHAVA KOTIAN S/O LAXMAN GURIKAR AGED ABOUT 65 YEARS MEMBER NO: 337 73. SHIVANANDA KARKERA S/O ESHWARA AMIN AGED ABOUT 61 YEARS MEMBER NO: 336 74. HARIKRISHNA SALIAN S/O MANSA PUTHRAN AGED ABOUT 71 YEARS MEMBER NO: A-268 75. GIRISH M KANCHAN S/O MADHAVA S SALIAN AGED ABOUT 65 YEARS MEMBER NO: 602 76. MADHU RAJ BOLAR S/O RAMACHANDRA PUTHRAN AGED ABOUT 57 YEARS MEMBER NO:170 77. SINDHURAM W/O ANANDA PUTHRAN AGED ABOUT 52 YEARS MEMBER NO:450 78. BHASKAR PANGAL S/O KANTHAPPA SALIAN AGED ABOUT 65 YEARS MEMBER NO:211 - 11 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 79. KRISHNA KOTIAN S/O PADHMANABHA MENDON AGED ABOUT 66 YEARS MEMBER NO:221 80. RAGHU PUTHRAN S/O VAMANA SUVARNA AGED ABOUT 56 YEARS MEMBER NO: 213 81. JAYANTHA SALIAN S/O NARAYANA KARKERA AGED ABOUT 61 YEARS MEMBER NO:212 82. MADHAVA N SALIAN S/O NARAYANA KARKERA AGED ABOUT 69 YEARS MEMBER NO:217 83. PADHMAVATHI L PUTHRAN W/O LAXMAN PUTHRAN AGED ABOUT 63 YEARS MEMBER NO:208 84. RAJEEVA KANCHAN S/O SEETHARAMA SUVARNA AGED ABOUT 70 YEARS MEMBER NO:150 85. NAGESH SALIAN S/O VENKATA MENDON AGED ABOUT 61 YEARS MEMBER NO: 205 86. CHANDRASHEKAR AMIN S/O ANANDA PANGAL AGED ABOUT 68 YEARS MEMBER NO: 300 - 12 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 87. UMESH MENDON S/O GOPALA PUTHRAN AGED ABOUT 64 YEARS MEMBER NO: 363 88. MOHAN KARKERA S/O BIKRA KANCHAN AGED ABOUT 65 YEARS MEMBER NO: 378 89. LEELAVATHI V SUVARNA W/O VIJAYA SUVARNA AGED ABOUT 64 YEARS MEMBER NO: 303 90. SUDHARAMA KARKERA S/O DEVU PUTHRAN AGED ABOUT 70 YEARS MEMBER NO: 407 91. SUMAN BANGERA S/O JAYALATHA BANGERA AGED ABOUT 44 YEARS MEMBER NO: A-681 92. ASHOK BANGERA S/O NARAYANA KARKERA AGED ABOUT 57 YEARS MEMBER NO: 458 93. MAMMI KUNJI W/O ISMAIL AGED ABOUT 60 YEARS MEMBER NO: 301 94. KESHAVA K K S/O KILAPPA KOTIAN AGED ABOUT 58 YEARS MEMBER NO:610 - 13 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 95. PAHESAL W/O JAMES D SOUZA AGED ABOUT 60 YEARS MEMBER NO: 503 96. RAMANATH KHARVI S/O KRISHNA KHARVI AGED ABOUT 56 YEARS MEMBER NO: 618 97. USHA KARKERA V W/O KRISHNA KARKERA AGED ABOUT 64 YEARS MEMBER NO: 501 98. THARANATH KHARVI S/O NAGAPPA KHARVI AGED ABOUT 79 YEARS MEMBER NO: 113 99. KESHAVA KARKERA S/O LAXMAN SALIAN AGED ABOUT 68 YEARS MEMBER NO:454 100. SURESH SUVARNA S/O NARASIMHA AMIN AGED ABOUT 66 YEARS MEMBER NO:181 101. RAMESH D KARKERA S/O DAMODAR KARKERA AGED ABOUT 62 YEARS MEMBER NO: 47 102. PRAKASHINI W/O LINGAPPA L KARKERA AGED ABOUT 72 YEARS MEMBER NO: 164 - 14 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 103. THARANATH MENDON S/O ANNAPPA KOTIAN AGED ABOUT 73 YEARS MEMBER NO:576 104. MANOJ PANGAL S/O LATE JANARDHANA MENDON AGED ABOUT 54 YEARS MEMBER NO:566 105. SATHISH KOTIAN S/O ESHWAR SURVANA AGED ABOUT 41 YEARS MEMBER NO:653 106. SHANKAR KHARVI S/O BABU KHARVI AGED ABOUT 58 YEARS MEMBER NO: 413 107. SHAILA N SRIYAN W/O NARASIMHA SRIYAN AGED ABOUT 63 YEARS MEMBER NO:606 108. PRAVEEN SALIAN S/O JANARDHAN BANGEERA AGED ABOUT 60 YEARS MEMBER NO:160 109. ASHA LATHA W/O PRAVEEN KARKERA AGED ABOUT 48 YEARS MEMBER NO:572 110. KESHAVA SALIAN S/O MANJUNATH BANGERA AGED ABOUT 61 YEARS MEMBER NO:621 - 15 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 111. KOUSHALAYA MENDON W/O NARAYANA SUVARNA AGED ABOUT 61 YEARS MEMBER NO:26 112. VASU MENDON S/O KESHAVA AMIN AGED ABOUT 66 YEARS MEMBER NO:341 113. ROHIDAS MENDON S/O DATTA PUTHRAN AGED ABOUT 71 YEARS MEMBER NO:188 114. PRADEEP KARKERA S/O DUNANATH KOTIAN AGED ABOUT 55 YEARS MEMBER NO:545 115. CHANDAPPA SUVARNA S/O RAMA AMIN AGED ABOUT 78 YEARS MEMBER NO:173 116. LINGAPPA T KARKERA S/O THIMAPPA SALIAN AGED ABOUT 82 YEARS MEMBER NO: 393 117. JANARDHAN SUVARNA S/O KRISHNAPPA KOTIAN AGED ABOUT 75 YEARS MEMBER NO: 81 118. MOHAMMAD TOUSIM S/O U K ABBAS AGED ABOUT 55 YEARS MEMBER NO: A-472 - 16 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 119. U K AHMED S/O CHAIYABBA AGED ABOUT 65 YEARS MEMBER NO: 99 120. U K BAWA S/O CHAIYABBA AGED MAJOR MEMBER NO: 98 121. A ZUBAIDA W/O ABBAS AGED ABOUT 58 YEARS MEMBER NO:106 122. ASHIYAMMA W/O U BAWA AGED ABOUT 57 YEARS MEMBER NO: 108 123. A H FAROOQ S/O A H ALIYABBA AGED ABOUT 53 YEARS MEMBER NO: 102 124. NAFISA W/O ABDUL REHMAN AGED MAJOR MEMBER NO: 538 125. ABDUL SALAM S/O U K ABBAS AGED ABOUT 50 YEARS MEMBER NO: 331 126. ABBAS U M S/O K MOHAMMAD AGED ABOUT 78 YEARS MEMBER NO:498 - 17 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 127. U MOHAMMAD S/O HASSAINAR AGED MAJOR MEMBER NO: 153 128. U H IBRAHIM S/O SEEDIABBA AGED ABOUT 77 YEARS MEMBER NO: 449 129. U K ELIYAS S/O CHAIYABBA AGED MAJOR MEMBER NO:100 130. MOHAMMAD FAIZAL S/O U M ABBAS AGED MAJOR MEMBER NO:465 131. MOHAMMAD MUSTAFA S/O U ABBAS AGED MAJOR MEMBER NO:525 132. PUTHUMMA HUSSAIN W/O U B HUSSAIN AGED ABOUT 65 YEARS MEMBER NO:391 133. U K HAMMABBA S/O YUSUF AGED MAJOR MEMBER NO:302 134. MOHAMMAD ASHRAF S/O ALIABBA AGED ABOUT YEARS MEMBER NO:526 - 18 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 135. U K KHALID S/O HASANABBA AGED ABOUT 65 YEARS MEMBER NO:506 136. MOOSA KUNHI S/O ABOOBAKAR AGED ABOUT 69 YEARS MEMBER NO:506 137. U K ABDUL KADER S/O U K BAWA AGED MAJOR MEMBER NO: 398 138. U YUSUF S/O MOHAMMAD AGED MAJOR MEMBER NO: 406 139. U T MOHAMMAD S/O PAKABBA AGED ABOUT 74 YEARS MEMBER NO: 53 140. U K ELIYAS S/O U K PUTHU BAWA AGED ABOUT 66 YEARS MEMBER NO: 51 141. RAZAK U T S/O POKABBA AGED ABOUT 69 YEARS MEMBER NO: 492 142. U K BADRUDDIN S/O U K PUTHU BAWA AGED MAJOR MEMBER NO: 304 - 19 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 143. ABDUL RASHEED S/O IBRAHIM AGED ABOUT 55 YEARS MEMBER NO: 474 144. JAMALUDDIN S/O ISMAIL AGED ABOUT 56 YEARS MEMBER NO: 497 145. SHARIF S/O IDDINABBA AGED MAJOR MEMBER NO: 509 146. MOHAMMAD SALI S/O KUNHIABBA AGED MAJOR MEMBER NO: 516 147. SHAMSHUDDIN S/O HUSSAIN AGED ABOUT 43 YEARS MEMBER NO: 513 148. M P IBRAHIM S/O M P PAKRA SAHEB AGED MAJOR MEMBER NO: 305 149. U K BAWA S/O ABDUL REHAMAN AGED ABOUT 70 YEARS MEMBER NO: 311 150. U H KABEER S/O UMARABBA AGED ABOUT 69 YEARS MEMBER NO: 441 - 20 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 151. ACHCHUTHA KHARVI S/O SUBRAYA KHARVI AGED ABOUT 62 YEARS MEMBER NO: A-372 152. THUKARAM SUVARNA S/O KORAGA BANGERA AGED MAJOR MEMBER NO: 626 153. ROSHAN PUTHRAN S/O SUKUMAR KOTIAN AGED MAJOR MEMBER NO: 627 154. RAVI PUTHRAN S/O SRINIVAS PUTHRAN AGED MAJOR MEMBER NO: 647 155. JAGA JEEVAN PUTHRAN S/O DAYAVATHI PUTHRAN AGED MAJOR MEMBER NO: 663 156. HARISH PANGAL S/O BABU KOTIAN AGED MAJOR MEMBER NO: 342 157. GANGARAM SRIYAN S/O MANJAPPA AGED ABOUT 90 YEARS MEMBER NO: 5 158. PARAMESHWAR SALIAN S/O RAMA KARKERA AGED MAJOR, MEMBER NO.218 - 21 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 ALL ARE MEMBERS OF MANGALURU TRAWL BOAT FISHERMEN PRIMARY COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. SOURTH WARF, BANDUR, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-575 001. (THE PETITIONERS AGED ABOUT 60 YEARS DO NOT CLAIM THE BENEFIT OF SENIOR CITIZEN) …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC 'A' BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY. 3. MANGALURU TRAWL-BOAT FISHERMEN PRIMARY COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. SOURTH WARF, BANDUR, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT - 575 001. REPRESENTED BY ITS CEO. - 22 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 4. THE RETURNING OFFICER, MANGALURU TRAWL-BOAT FISHERMEN PRIMARY COOPERATIVE SOCIETY LTD., SOURTH WARF, BANDUR, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT - 575 001. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R4; SRI. T L KIRAN KUMAR, ADVOCATE FOR R2; SRI. SUJITH G V., ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09.02.2025. IN WP NO. 4556/2025 BETWEEN: 1. SHAILESH S/O SHIVANANDA KARKERA, AGED ABOUT 39 YEARS R/AT VE.NO.422, TAILARI ROAD, MULIHITHLU, MANGALURU - 575 001. 2. RAGHUVEER, S/O VENKAPPA MANDAN, AGED ABOUT 60 YEARS, R/AT USHA NIVAS, BAIKAMPADI, MANGALURU. - 23 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 3. NALINAKSHA KANCHAN, S/O. NARSI KANCHAN, AGED ABOUT 61 YEARS, R/AT NO.3/82, KANTHEYO, NIVAS POST KULAYI, HOSABETTU, SURATHKAL. 4. JAYARAJ BOLURU, S/O DHARMA PUTHRAN, AGED ABOUT 68 YEARS, R/AT CHULLI GIRIKAR HOUSE, JARANDAYA TEMPLE NEAR BOLURU, MANGALURU - 575 003. 5. JAYAPRAKASH MENDAN S/O RAMACHANDRA MENDAN, AGED ABOUT 66 YEARS, R/AT SAKIKRIPAJI, ANEGUNDI BAJPE, HOSA ROAD, BAJPE, MANGALURU - 5875 005. 6. PRIYA MENTHORO S/O SHAILESH D SOUZE, AGED ABOUT 36 YEARS, HOUSE NO. 666, ULLALA HOYIGE, JAPPINAMOGARU, PERMANNUR, MANGALURU - 575 017. 7. THERASSA D'SOUZA S/O HARIDIZOUZA, AGED ABOUT 74 YEARS, ULLALA HOYIGE, JAPPINAMOGARU, PERMANNUR, MANGALURU - 575 017. 8. WILFRED D'SOUZA S/O SALVADOR D'SOUZA, AGED ABOUT 53 YEARS, R/AT NO. 387, DIAMOND ICE PLANT LEVEL, - 24 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 BOLARA, MANGALURU - 575 001. 9. MANTHU D'SOUZA, S/O. KYABI D'SOUZA, AGED ABOUT 52 YEARS, R/AT NO.334, ULLALA HOYIGE, PERMANNUR, MANGALURU - 575 017. 10. NALINI W/O KUMAR SUVARNA, AGED ABOUT 64 YEARS, R/AT VIGNESHWARA NILAYA, CHILLIMBI, MANGALURU. 11. JAGADEESH BOLURU, S/O.GOPALAKRISHNA SUVARNA, AGED ABOUT 64 YEARS, R/AT NO. 167, BANJAL HOUSE, SB ROAD, BOLURU, MANGALURU - 575 003. 12. KRISHNAPPA MENDAN, S/O DASU SALYAN, AGED ABOUT 76 YEARS, R.AT NO.64, ANUGRAHA NIVAS, SULTHAN ROAD, HEJAMODI, UDUPI - 574 103. 13. SRINIVASA PUTHRAN, S/O NRAYANA SALYAN, AGED ABOUT 66 YEARS, R/AT NO.379, LAKSHMI KUTEERA, TAJ ICE PLANT, IDLA POST, SURATHKAL, MANGALURU - 575 104. 14. SATHISH KUMAR, S/O HARIYAPA PUTHRAN, AGED ABOUT 65 YEARS, R/AT NO.158, LAKSHMI NIVAS, - 25 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 KULAYI, MANGALURU - 575 019. 15. GANGADHAR MENDEN, S/O SHIVANANDA PUTHRAN, AGED ABOUT 64 YEARS, R/AT NO.329, ASHRAYA MASTER ICE PLANT NEAR KULAYI, MANGALURU - 575 019. 16. KRISHNA KUMAR, S/O SUNDARA PUTHRAN, AGED ABOUT 63 YEARS, R/AT SHREYAN NILAYA, LONGTHEEN, URVA, MANGALURU - 575 013. 17. SUMA, S/O. CHANDRAHAS, AGED ABOUT 45 YEARS, R/AT 2/115, MEENAKALIYA POST, BAIKAMPADI, MANGALURU - 575 010. 18. KISHORE SHREYAN, S/O NAGESH KANHAN, AGED ABOUT 62 YEARS, R/AT HEMAVATHI NIVAS, CHURCH GATE, BOKKAPATNA, MANGALURU - 575 004. 19. KESHAVA SHREYAN, S/O. JEENAPPA MANDAN, AGED ABOUT 65 YEARS, R/AT NO.65, PUMP HOUSE, KULAYI HOSABETLU, SURATHKAL - 575 019. 20. JAYA KOTYAN, S/O SESHAPPA KARTHERA, AGED ABOUT 75 YEARS, MAHAKALI PATTUJIPPU, R/AT NO.351, JJ NIVAS, - 26 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 MANGALURU - 575 002. 21. SUKHPAL SALYAN, S/O SHIVAPUTHRAN, AGED ABOUT 66 YEARS, R/AT NO.230, POST KULAYI, HOSABETTU, MANGALURU - 575 011. 22. SANKAPPA RAI.N. S/O DEVAPPA RAI AGED ABOUT 73 YEARS, R/AT NO.2-99, MALARBEEDU HOUSE, KULAL POST, SALETHURU VILLAGE, BANTWAL, DK DISTRICT. 23. HARISH KUNDAR, S/O. SIDDANTH PUTHRAN, AGED ABOUT 70 YEARS, R/AT NO.PUTHRANA NILAYA, SANDWITCHBENGE, MANGALURU - 575 013. 24. RAGHU GUJARAN, S/O NARAYA SALYAN, AGED ABOUT 62 YEARS, R/AT NISARGA NILAYA, SHIVAMMA NARAYANA COMPOUND, MASTER ICE PLANT, KULARI, MANGALURU - 575 019. 25. GAYATHRI PUTHRAN, S/O KASHINATHA PUTHRAN, AGED ABOUT 55 YEARS, R/AT CENTURE APARTMENT ROAD, VELENSIYA, KANKANADI, MANGALURU - 575 002. - 27 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 26. SEETHARAM.H. S/O HONNAIAH AMEEDN, AGED ABOUT 63 YEARS, R/AT HONNAIAH AMEEN, R/AT HEGGE HOUSE KULAYI HOSABETTU, MANGALURU - 575 019. 27. SURESHKUMAR, S/O SUNDAR PUTHRAN, AGED ABOUT 60 YEARS, R/AT NO.6-251, SRINIDHI, 4TH CROSS ROAD, MAVISHNU BHAJANA MANDIRA NEAR. 28. KIRAN KANCHAN, S/O SRINIVASA KANCHAN, AGED ABOUT 47 YEARS, R/AT NO.518, VANITHA PHARMA GENKE EDAPADAVU, SIBRIKE POST, MANGALURU. 29. HARRY D'SOUZA, S/O GEORGE D'SOUZA, AGED ABOUT 56 YEARS, R/AT ULLALA HOYIGE, NETHRAVATHI BDIGE NEAR, PERMANURU, MANGALURU - 575 017. 30. SONIYA.S. S/O SHIVANANDA KARKERA, AGED ABOUT 35 YEARS ABHISHA FLAT NO.202, SUBHASHNAGAR, 2ND MAIN, PANDESHWARA, MANGALURU - 575 001. 31. SUSHMA SHAILA D'SOUZE, W/O LARENCE RODI D'SOUZA, AGED ABOUT 37 YEARS, 4-20, RAILWAY BRIDGE NEAR, - 28 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 JAPPIN VEGURU, PRMANNUR ULLAL, MANGALURU - 575 017. 32. ANITHA SHASHIKUMAR, S/O SHASHIKUMAR, AGED ABOUT 57 YEARS, R/AT NO.590, SUNDARAM JARANDAYA TEMPLE, BOLURU, MANGALURU - 575 003. 33. U.K. HAMMABBA, S/O YUOUSUF, AGED ABOUT 57 YEARS, R/AT NO.302, YASMIN MANJI BARAK NEAR, KOTEPURA, ULLALA, MANGALURU - 575 018. 34. SUJATHA .M. SUVARNA, S/O MOHANDAS SUVARNA, AGED ABOUT 67 YEARS, R/AT NO.3-249, SHRUTHI SLANDS VITS, BENGE, MANGALURU - 575 013. 35. YASHODHA KANCHAN, W/O SHEKAR KANCHAN, AGED ABOUT 66 YEARS, R/AT NO. AITHU POJARI COMPOUND, NO.588, MULIHITHLU, BOLARA, MANGALURU - 575 001. 36. LALITHA PUTHRAN, S/O LAKSHMANA GURIKARA, AGED ABOUT 70 YEARS MUDPETTA HOUSE, JT ROAD, - 29 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 KUDROLI, MANGALURU - 575 003. 37. J. PILOMINA D'SOUZA, S/O AGED ABOUT 56 YEARS, R/AT NO.598, 38. KALAVATHI.J. S/O SAYIKRIPA J AGED ABOUT 62 YEARS, R/AT NO.641, ANEGUNDI BAJPE, HOSAROAD BAJPE, MANGALURU - 575 005. 39. AJITH. D'SOUZA, S/O EDWARD D'SOUZA, AGED ABOUT 56 YEARS, R/AT NO.4-T-165/1, ADARVAKUDLU, PERMANNUR MANGALURU. 40. KARUNAKAR, S/O EITHYAPPA MANDON, AGED ABOUT 60 YEARS, R/AT NALINI HOUSE BOLLUR, MANGALURU. ...PETITIONERS (BY SRI. KARUNAKARA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY GOVERNMENT DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 01. - 30 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 27, REPRESENTED BY ITS SECRETARY 3. DISTRICT ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES LEGAL CELL, ALI ASKER ROAD, BENGALURU - 560 001. 4. RETURNING OFFICER APPOINTED FOR THE ELECTION OF KOYYUR SEVA CO-OPERATIVE SOCIETY, CENTRAL OFFICE, BENGALURU - 01. 5. MANGALORE TRALL BOARD CO-OPERATIVE SOCIETY SOUTH WHAR BRANCHES, MANGALURU D. K. DISTRICT. ...RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R4; SRI. T L KIRAN KUMAR, ADVOCATE FOR R2; SRI. SUJITH G V., ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 3 AND 4 TO CONDUCT THE ELECTIONS TO THE R-5 SOCIETY FOR THE TERM 2025-26 TO 2029-2030 WITHOUT REFERENCE TO SECTION 20 (2) (a-iv) AND (a-v) THE KARNATAKA CO OPERATIVE SOCIETIES ACT. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 31 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 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 separate ballot boxes. 2. A Coordinate 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 - 32 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 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 Petitions are disposed of. ii) The Returning Officer in each of the above matters is directed to announce the result within seven days of receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters. 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 - 33 - NC: 2025:KHC:12092 WP No. 3061 of 2025 C/W WP No. 4556 of 2025 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.: 64 CT:SK