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2025 DAILYLAW 16212 (KAR)

BOREGOWDA v. THE STATE OF KARNATAKA

WP/3361/2025 · 2025-02-14

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:6798 WP No. 3361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3361 OF 2025 (CS-EL/M) BETWEEN: 1. BOREGOWDA S/O ANDANAIGOWDA AGED ABOUT 70 YEARS SHARE NUMBER-146/51 MEMBERSHIP NUMBER 005837 2. BOREGOWDA S/O ANDANAIGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NUMBER 0058 3. VENKATAPPA H S S/O SANNAPPAIHA AGED ABOUT 75 YEARS SHARE NUMBER-78/40 MEMBERSHIP NUMBER 003823 4. VASU H J S/O HANUMEGOWDA AGED ABOUT 50 YEARS SHARE NUMBER-121/50 MEMBERSHIP NUMBER 005569 5. PRAKASH S/O NANJCGOWDA AGED ABOUT 55 YEARS SHARE NUMBER-236/52 MEMBERSHIP NUMBER 006173 6. GIRIJAMMA W/O CHANNEGOWDA AGED ABOUT 45 YEARS SHARE NUMBER-090/70 MEMBERSHIP NUMBER 010449 7. SIDDALINGEGOWDA S/O KULLEGOWDA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6798 WP No. 3361 of 2025 AGED ABOUT 60 YEARS SHARE NUMBER-128/24 MEMBERSHIP NUMBER 001058 8. SIDDALINGEGOWDA S/O NINGEGOWDA AGED ABOUT 60 YEARS SHARE NUMBER-154/42 MEMBERSHIP NUMBER 003613 9. NAGESH S/O KULLEGOWDA AGED ABOUT 45 YEARS SHARE NUMBER-059/46 MEMBERSHIP NUMBER 004555 10. BHUREGOWDA S/O NINGEGOWDA AGED ABOUT 47 YEARS SHARE NUMBER-207/50 MEMBERSHIP NUMBER 005653 11. SATISH N S/O BASAVARAJU N AGED ABOUT 47 YEARS SHARE NUMBER-63/68 MEMBERSHIP NUMBER 009938 12. SUDHARSHAN N S/O BASAVARAJU AGED ABOUT 45 YEARS SHARE NUMBER-64/68 MEMBERSHIP NUMBER 009939 13. NANJEGOWDA S/O KEMPEGOWDA AGED ABOUT 55 YEARS SHARE NUMBER-180/75 MEMBERSHIP NUMBER 011739 14. DINESH N K S/O KULLEGOWDA N AGED ABOUT 55 YEARS SHARE NUMBER-157/78 MEMBERSHIP NUMBER 012465 - 3 - NC: 2025:KHC:6798 WP No. 3361 of 2025 15. BASAVEGOWDA S/O NARSEGOWDA AGED ABOUT 60 YEARS SHARE NUMBER-160/47 MEMBERSHIP NUMBER 004412 16. KANTHAMANI W/O RAMEHSA AGED ABOUT 55 YEARS SHARE NUMBER-189/45 MEMBERSHIP NUMBER 004440 17. KANTHMANI W/O RAMESH AGED ABOUT 50YEARS SHARE NUMBER-201/76 MEMBERSHIP NUMBER 012008 18. DEVARAJU S/O LATE HANUMEGOWDA AGED ABOUT 55YEARS SHARE NUMBER-112/80 MEMBERSHIP NUMBER 012905 19. PUTTAPPA S/O MUDDAPPA AGED ABOUT 65YEARS SHARE NUMBER-119/19 MEMBERSHIP NUMBER 000668 20. MANJUNATH S/O SIDDAIHA @ KARIYAPPA AGED ABOUT 50YEARS SHARE NUMBER-130/63 MEMBERSHIP NUMBER 008774 21. SIDDAPPA S/O MADAPPA AGED ABOUT 55 YEARS SHARE NUMBER-129/64 MEMBERSHIP NUMBER 009017 22. PRABHAKARA S/O BASAVARAJU N AGED ABOUT 48 YEARS - 4 - NC: 2025:KHC:6798 WP No. 3361 of 2025 SHARE NUMBER-188/56 MEMBERSHIP NUMBER 007102 23. KARIGOWDA S/O MUDDEGOWDA AGED ABOUT 50YEARS SHARE NUMBER-005/68 MEMBERSHIP NUMBER 009880 24. BHAGYAMMA W/O KARIGOWDA AGED ABOUT 47YEARS SHARE NUMBER-120/75 MEMBERSHIP NUMBER 011679 25. BANEGOWDA S/O MUDDEGOWDA AGED ABOUT 52 YEARS SHARE NUMBER-84/19 MEMBERSHIP NUMBER 000654 26. NAGAMMA W/O BYATEGOWDA AGED ABOUT 47 YEARS SHARE NUMBER-122/71 MEMBERSHIP NUMBER 010738 27. BK KRISHNEGOWDA S/O KALEGOWDA AGED ABOUT 52 YEARS SHARE NUMBER-146/51 MEMBERSHIP NUMBER 005837 28. NAGARATHNAMMA W/O KRISHNEGOWDA AGED ABOUT 47 YEARS SHARE NUMBER-227/79 MEMBERSHIP NUMBER 012783 29. BOREGOWDA S/O BOREGOWDA AGED ABOUT 55YEARS SHARE NUMBER-113/84 MEMBERSHIP NUMBER 013873 - 5 - NC: 2025:KHC:6798 WP No. 3361 of 2025 30. SIDDALINGEGOWDA S/O NANJUNDEGOWDA AGED ABOUT 54YEARS SHARE NUMBER-106/47 MEMBERSHIP NUMBER 004847 31. PARVATHAMMA W/O KEMPEGOWDA K AGED ABOUT 60YEARS SHARE NUMBER-132/38 MEMBERSHIP NUMBER 002599 32. MANUJUNATH H K S/O KEMPEGOWDA K AGED ABOUT 44 YEARS SHARE NUMBER-156/63 MEMBERSHIP NUMBER 008800 33. PUTTARAJU H K S/O KEMPEGOWDA K AGED ABOUT 48 YEARS SHARE NUMBER-174/63 MEMBERSHIP NUMBER 008818 34. SRINIVASA H K S/O KEMPEGOWDA K AGED ABOUT 58 YEARS SHARE NUMBER-202/70 MEMBERSHIP NUMBER 010560 35. RAMACHANDREGOWDA S/O DEVEGOWDA AGED ABOUT 55 YEARS SHARE NUMBER-6/43 MEMBERSHIP NUMBER 003751 36. ANANDA K S/O KARIGOWDA AGED ABOUT 47 YEARS SHARE NUMBER-228/64 MEMBERSHIP NUMBER 009115 37. PUTTEGOWDA S/O NINGEGOWDA AGED ABOUT 62 YEARS - 6 - NC: 2025:KHC:6798 WP No. 3361 of 2025 SHARE NUMBER-167/63 MEMBERSHIP NUMBER 008811 38. SAHANTHAMMA S D W/O KRISHNEGOWDA AGED ABOUT 60 YEARS SHARE NUMBER-162/15 MEMBERSHIP NUMBER 006837 39. PURUSHOTHAMA AT S/OTIMMEGOWDA AGED ABOUT 44 YEARS SHARE NUMBER-204/90 MEMBERSHIP NUMBER 015463 40. VENKATARAMEGOWDA A T S/O TIMMEGOWDA AGED ABOUT 52 YEARS SHARE NUMBER-162/28 MEMBERSHIP NUMBER 001404 41. NARAYANAGOWDA S/ O KULLEGOWDA AGED ABOUT 58 YEARS SHARE NUMBER-50/27 MEMBERSHIP NUMBER 001221 42. ATHMARAMEGOWDA A T S/O THAMMAIHA AGED ABOUT 65 YEARS SHARE NUMBER-98/41 MEMBERSHIP NUMBER 004354 43. PARANDAMEGOWDA S/O KUPLLAPPA AGED ABOUT 68 YEARS SHARE NUMBER-67/33 MEMBERSHIP NUMBER 002538 44. RAMESH S/O DEVEGOWDA AGED ABOUT 56 YEARS SHARE NUMBER-139/52 MEMBERSHIP NUMBER 006080 - 7 - NC: 2025:KHC:6798 WP No. 3361 of 2025 45. ANNEGOWDA K S/O KARIGOWDA AGED ABOUT 56 YEARS SHARE NUMBER-11/59 MEMBERSHIP NUMBER 007669 46. GIRIGOWDA S/O PAPEGOWDA AGED ABOUT 67 YEARS SHARE NUMBER-99/51 MEMBERSHIP NUMBER 005790 47. THIMMEGOWDA S/O PUTTEGOWDA AGED ABOUT 68 YEARS SHARE NUMBER-129/54 MEMBERSHIP NUMBER 006559 48. LAKSHMAMMA W/O LAKSHMANEGOWDA AGED ABOUT 60 YEARS SHARE NUMBER-210/63 MEMBERSHIP NUMBER 008853 49. MANJUNATH H J S/O JAVAREGOWDA AGED ABOUT 54 YEARS SHARE NUMBER-14/91 MEMBERSHIP NUMBER 010622 50. VENKATESH S/O YELAKKIGOWDA AGED ABOUT 48 YEARS SHARE NUMBER-33/76 MEMBERSHIP NUMBER 011841 51. CHIRANJEEVI H M S/ O MAHESH AGED ABOUT 32YEARS SHARE NUMBER-156/79 MEMBERSHIP NUMBER 012711 52. KANTHARAJU S/O VENKATEGOWDA AGED ABOUT 46 YEARS - 8 - NC: 2025:KHC:6798 WP No. 3361 of 2025 SHARE NUMBER-189/71 MEMBERSHIP NUMBER 010804 53. CHIKKATHIMMASHETTI S/O THIMMASHETTI AGED ABOUT 55YEARS SHARE NUMBER-245/49 MEMBERSHIP NUMBER 005448 54. NAGARAJU S/O NINGEGOWDA AGED ABOUT 58YEARS SHARE NUMBER-218/44 MEMBERSHIP NUMBER 004182 55. RATHNAMMA W/O LATE SWAMIGOWDA AGED ABOUT 51YEARS SHARE NUMBER-234/73 MEMBERSHIP NUMBER 011344 56. MARIYAMMA @LAKSHMAMMA W/O BANEGOWDA AGED ABOUT 52YEARS SHARE NUMBER-144/63 MEMBERSHIP NUMBER 008788 57. SHANTHAMURTHI S/O DYVARAIHA AGED ABOUT 53 YEARS SHARE NUMBER-123/64 MEMBERSHIP NUMBER 009011 58. RAVI S/O BYATEGOWDA AGED ABOUT 42 YEARS SHARE NUMBER-229/71 MEMBERSHIP NUMBER 010843 59. CHANDREGOWDA S/O BYATEGOWDA AGED ABOUT 47 YEARS SHARE NUMBER-201/79 MEMBERSHIP NUMBER 012757 - 9 - NC: 2025:KHC:6798 WP No. 3361 of 2025 60. SANNAPAPEGOWDA S/O KARIGOWDA AGED ABOUT 58YEARS SHARE NUMBER-149/90 MEMBERSHIP NUMBER 015408 61. 62. MAHADEVAPPA M B S/O BOREGOWDA @THAMMIAHA AGED ABOUT 52YEARS SHARE NUMBER-41/52 MEMBERSHIP NUMBER 005986 BALARAMA K., S/O KEMPEGOWDA, AGED ABOUT 53 YEARS, SHARE NUMBER - 41/52 MEMBERSHIP NUMBER 005986 63. LAKSHMAEGOWDA @ BOMMARAYIGOWDA S/O BOMMARAYIGOWDA AGED ABOUT 58 YEARS SHARE NUMBER-90/64 MEMBERSHIP NUMBER 008980 64. LAKSHMAMMA W/O BOREGOWDA N AGED ABOUT 51 YEARS SHARE NUMBER-49/66 MEMBERSHIP NUMBER 009431 65. RANGEGOWDA S/O BANEGOWDA AGED ABOUT 54 YEARS SHARE NUMBER-151/70 MEMBERSHIP NUMBER 010510 66. MADAPPA@SOMAPPA S/O MADAPPA AGED ABOUT 59 YEARS SHARE NUMBER-220/22 MEMBERSHIP NUMBER 000888 67. HANUMEGOWDA H K S/O KARIGOWDA AGED ABOUT 62 YEARS - 10 - NC: 2025:KHC:6798 WP No. 3361 of 2025 SHARE NUMBER-74/41 MEMBERSHIP NUMBER 003296 68. SRINIVAS HT S/O THIMMEGOWDA AGED ABOUT 59 YEARS SHARE NUMBER-143/41 MEMBERSHIP NUMBER 004883 69. SURESH S/O GIRIGOWDA AGED ABOUT 49 YEARS SHARE NUMBER-153/51 MEMBERSHIP NUMBER 005844 70. RAMNAIHA S/O KARIYAYYA AGED ABOUT 63 YEARS SHARE NUMBER-157/50 MEMBERSHIP NUMBER 005603 71. YALAVEGOWDA S/O MASTHIGOWDA AGED ABOUT 64 YEARS SHARE NUMBER-129/13 MEMBERSHIP NUMBER 000272 72. LALITHAMMA W/O PUTTASWAMIGOWDA AGED ABOUT 57YEARS SHARE NUMBER-104/79 MEMBERSHIP NUMBER 012660 73. LAKSHMEGOWDA C K S/O KULLEGOWDA AGED ABOUT 59YEARS SHARE NUMBER-137/60 MEMBERSHIP NUMBER 008041 ALL ARE MEMBERS OF PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, KRISHNARAJAPETE, (9TH CIRCLE BORROWERS CONSTITUENCY) KRISHNARAJAPETE TALUK MANDYA DISTRICT-571426. …PETITIONERS (BY SRI. SANDESH T B., ADVOCATE) - 11 - NC: 2025:KHC:6798 WP No. 3361 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REP 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 MYSURU DISTRICT-570001 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570 001. 5. CHIEF EXECUTIVE OFFICER. MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R5) - 12 - NC: 2025:KHC:6798 WP No. 3361 of 2025 THIS W.P. IS FILED PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 08.02.2025 VIDE ANNEXURE-A. AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayer:- "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 contest and votes in the elections to the respondent No.5 which is scheduled to be held on 02.02.2025 in the interest of justice and equity vide Annexure-A" 2. This Court by way of an interim arrangement on 06.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of this petition. - 13 - NC: 2025:KHC:6798 WP No. 3361 of 2025 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, learned counsel for respondent No.2 and Sri S B Totad, learned counsel for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes. 5. 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. - 14 - NC: 2025:KHC:6798 WP No. 3361 of 2025 6. Learned counsel for respondent No.3 fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 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 1 2022 (4) AKR 775 - 15 - NC: 2025:KHC:6798 WP No. 3361 of 2025 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 08.02.2025. 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. - 16 - NC: 2025:KHC:6798 WP No. 3361 of 2025 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. 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 AN/- List No.: 2 Sl No.: 30