Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6058 WP No. 3028 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. 3028 OF 2025 (CS-EL/M) BETWEEN:
1. MALLAMBIKA W/O SOMASHEKAR, AGED ABOUT 70 YEARS, MEMBERSHIP NO.R13501
2. M C JAGADEESH KUMAR S/O CHIKKEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.R3969
3. K M SHANKAR S/O K L MAHADEV, AGED ABOUT 70 YEARS, MEMBERSHIP NO.R006703
4. V BHASKAR S/O VENKATASWAMY, AGED ABOUT 74 YEARS, MEMBERSHIP NO.R003226
5. V RAJU S/O VENKATESH, AGED ABOUT 48 YEARS, MEMBERSHIP NO.R10432
6. B V SARASWATHI W/O VENKATARAMAIAH,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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AGED ABOUT 52 YEARS, MEMBERSHIP NO.R14881
7. R ROOPA W/O RAGHAVENDRA, AGED ABOUT 25 YEARS, MEMBERSHIP NO.R015263
8. R INDRA W/O RANGANATH, AGED ABOUT 28 YEARS, MEMBERSHIP NO.R015261
9. R HEMAVATHI W/O BHASAKAR, AGED ABOUT 33 YEARS, MEMBERSHIP NO.R015264
10. VENKATARATHNAM S/O B KRISHNAIAH, AGED ABOUT 42 YEARS, MEMBERSHIP NO.R011536
11. D R RAVINDRANATH S/O RAMAIAH, AGED ABOUT 48 YEARS, MEMBERSHIP NO.R010230
12. B VIJAYA W/O BHASAKAR, AGED ABOUT 28 YEARS, MEMBERSHIP NO.R11434
13. PRAKYA KUNCHAM W/O SATISH, AGED ABOUT 24 YEARS,
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MEMBERSHIP NO.R18764
14. KUNCHAM SATISH S/O RANGASWAMY, AGED ABOUT 28 YEARS, MEMBERSHIP NO.R018766
15. M SANTHOSH S/O SWAMY, AGED ABOUT 46 YEARS, MEMBERSHIP NO.R014037
16. S RATHNA W/O BABU, AGED ABOUT 68 YEARS, MEMBERSHIP NO.R5968
17. M M CHANDAN S/O MAMTHAIAH SETTY, AGED ABOUT 44 YEARS, MEMBERSHIP NO.R14538
18. VIDHYA M C W/O M CHANDAN, AGED ABOUT 63 YEARS, MEMBERSHIP NO.R14539
19. K S VENKATESH S/O K V RAMANATH, AGED ABOUT 56 YEARS, MEMBERSHIP NO.R07767
20. P M JAYARAM S/O MUNISWAMAPPA, AGED ABOUT 72 YEARS, MEMBERSHIP NO.R3967
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NC: 2025:KHC:6058 WP No. 3028 of 2025
21. B NAGENDRA S/O B RAMAIAH SETTY, AGED ABOUT 63 YEARS, MEMBERSHIP NO.R05059
22. B N PUSHPALATHA W/O NARAYAN, AGED ABOUT 55 YEARS, MEMBERSHIP NO.R05449
23. BASAVARAJ S/O KONDAPPA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.R15735
24. B R VISHWAS S/O RAJASHEKAR REDDY, AGED ABOUT 57 YEARS, MEMBERSHIP NO.R12510
25. SUBRAMANYA S/O B SHESHAIAH, AGED ABOUT 55 YEARS, MEMBERSHIP NO.R15502
26. DEVI REDDY SWATHI S/O B R VISHWAS, AGED ABOUT 52 YEARS, MEMBERSHIP NO.R19989
27.
NAGARATHNA W/O BASAVARAJU, AGED ABOUT 45 YEARS, MEMBERSHIP NO.R15380
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NC: 2025:KHC:6058 WP No. 3028 of 2025
28. ANITHA M J W/O SUBBARAY SHASTRI, AGED ABOUT 46 YEARS, MEMBERSHIP NO.R15500
29. SOMASHEKAR S/O SUBBARAY SHASTRI, AGED ABOUT 48 YEARS, MEMBERSHIP NO.R13081
30. USHA REDDY S/O RAJASHEKAR REDDY, AGED ABOUT 70 YEARS, MEMBERSHIP NO.R7372
31. VARUN KUMAR S/O MUTHUSWAMY, AGED ABOUT 45 YEARS, MEMBERSHIP NO.R15580
32. THILAKAVATHI S/O VADIVELU, AGED ABOUT 42 YEARS, MEMBERSHIP NO.R16347
33. C BHASKAR S/O CHENNAKESHAVAMURTHY, AGED ABOUT 55 YEARS, MEMBERSHIP NO.R12900
34. D DEVENDRA S/O GURAPPA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.R013777
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NC: 2025:KHC:6058 WP No. 3028 of 2025
35. L RAJESHWARI W/O C BHASKAR, AGED ABOUT 46 YEARS, MEMBERSHIP NO.R013834
36. M VENKATARAMANA S/O MALAPPA, AGED ABOUT 38 YEARS, MEMBERSHIP NO.R16677
37. NANDINI KUMARI W/O VENKATARAMANA, AGED ABOUT 34 YEARS, MEMBERSHIP NO.R16678
38. G JAYALAKSHMI W/O P GOVINDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO.R16883
39. M SRINIVAS S/O D MUNIRATHNAN, AGED ABOUT 51 YEARS, MEMBERSHIP NO.R16883
40. H R SATISH KUMAR S/O RAMASWAMY, AGED ABOUT 52 YEARS, MEMBERSHIP NO.R015432
41. DURGASA V MAGAJI S/O VINAYAKA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.R3524
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42. NARASU BAI S/O VINAYAKA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.R13068
43. ANANDA KUMAR S/O B L RANGASWAMY, AGED ABOUT 48 YEARS, MEMBERSHIP NO.R15460
44. S V JAYAKUMAR S/O SEETHAPPA, AGED ABOUT 67 YEARS, MEMBERSHIP NO.R01529
45. RAM CHATURMAL S/O CHATURMAL, AGED ABOUT 65 YEARS, MEMBERSHIP NO.R11730
46. N SAMPANGI S/O NANJAPPA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.R006687
47. B V BHASKAR S/O P VENKATESHWARALU, AGED ABOUT 64 YEARS, MEMBERSHIP NO.R08003
48. LAKSHMIDEVI W/O BHASKAR RAO, AGED ABOUT 52 YEARS, MEMBERSHIP NO.R008021
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NC: 2025:KHC:6058 WP No. 3028 of 2025
49. G S RATNA KUMAR S/O LATE SHIVARUDRAPPA, AGED ABOUT 73 YEARS, MEMBERSHIP NO.R005946
ALL ARE MEMBERS OF THE GRAIN MERCHANTS CO-OPERATIVE BANKd LTD., NO.2, PAMPA MAHAKAVI ROAD, CHAMARAJAPETE, BENGALURU-560018. …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-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES BENGALURU DISTRICT-560001. 4. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES BENGALURU SUB DIVISION-560001 BENGALURU TALUK, BENGALURU DISTRICT-560001. - 9 -
NC: 2025:KHC:6058 WP No. 3028 of 2025
5. CHIEF EXECUTIVE OFFICER THE GRAIN MERCHANTS CO OPERATIVE BANK LTD., NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU-560018 (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 R-1, 3, 4 AND 6;
SRI. T.L.KIRAN KUMAR FOR R-2, SRI. TRILOK CHAND GUPTA FOR R-5, ADVOCATES)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-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 R-5 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
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NC: 2025:KHC:6058 WP No. 3028 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 01.02.2025 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 AGA for respondent Nos.1, 3, 4 and 6, Sri. T.L. Kiran Kumar,
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NC: 2025:KHC:6058 WP No. 3028 of 2025
learned counsel for respondent No.2 and Sri. Trilok Chand Gupta, learned counsel for respondent No.5.
4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes.
5. Reiterating the various contentions raised in the writ petition, it is mainly argued that no individual notice is issued to the petitioners before the names of the petitioners are excluded in the final voters list and the respondents have acted against the provisions of Rule 13 (D) (5) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (herein after referred to as ‘the Rules’ for short).
6.
Learned counsel for respondent No.5-Bank fairly submitS that respondent No.5-Bank has not followed the mandate as required under the aforementioned Rules and that the vote cast by the petitioners votes to be counted and results be announced.
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7. 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 Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any 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 and announce the results of the election, which was scheduled on 02.02.2025.
1 2022 (4) AKR 775
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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.
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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.: 32