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2025 DAILYLAW 16224 (KAR)

CHANDRASHEKAR KAMATH v. THE STATE OF KARNATAKA

WP/3466/2025 · 2025-02-19

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8530 WP No. 3466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3466 OF 2025 (CS-EL/M) BETWEEN: 1. CHANDRASHEKAR KAMATH S/O. VENKAPPA KAMATH AGED ABOUT 66 YEARS MEMBERSHIP NO. 3050 2. ADAM SAHEAB S/O HAJI P ISAK AGED ABOUT 49 YEARS MEMBERSHIP NO. 3506 3. CHANDRA M S/O ANGAJA AGED ABOUT 40 YEARS MEMBERSHIP NO. 3409 4. BIPATHAMMA W/O KUNJIPPA BYARI AGED ABOUT 60 YEARS MEMBERSHIP NO. 3448 5. MAIMUNA S/O ABBASU BYARI AGED ABOUT 55 YEARS MEMBERSHIP NO. 3452 6. SUMAIAH W/O ABDUL KUNJI AGED ABOUT 38 YEARS MEMBERSHIP NO. 3453 7. FOUSIYA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8530 WP No. 3466 of 2025 W/O ABBASU BYARI AGED ABOUT 32 YEARS MEMBERSHIP NO. 3454 8. JANAKI W/O ANGARA AGED ABOUT 55 YEARS MEMBERSHIP NO. 3494 9. P BALAKRISHNA S/O E KOCHAPPA GOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO. 3498 10. MONAPPA NAIKA M S/O SHIVAPPA NAIKA AGED ABOUT 56 YEARS MEMBERSHIP NO. 3503 11. POORNIMA RAI A G W/O ANIL RAI AGED ABOUT 40 YEARS MEMBERSHIP NO. 3544 12. BALAKRISHNA S/O HANIA MAYILA AGED ABOUT 50 YEARS MEMBERSHIP NO.3552 13. SUHASINI RAI W/O MAHABALA RAI AGED ABOUT 45 YEARS MEMBERSHIP NO. 3558 14. PRASANNA KAMATH S/O CHANDRASHEKAR KAMATH AGED ABOUT 36 YEARS MEMBERSHIP NO. 3569 15. RAJESH S ALVA S/O SACHIDANANDA ALWA AGED ABOUT 50 YEARS - 3 - NC: 2025:KHC:8530 WP No. 3466 of 2025 MEMBERSHIP NO. 3572 16. SHESHAMMA W/O VENKAPPA NAIKA AGED ABOUT 50 YEARS MEMBERSHIP NO. 3594 17. ABDUL MAZEED S/O ABBOBAKAR N AGED ABOUT 42 YEARS MEMBERSHIP NO. 3598 18. PAKIRA S/O THIPPA AGED ABOUT 65 YEARS MEMBERSHIP NO. 3620 19. SAVITHRI K S W/O K V SUBRAHMANYA AGED ABOUT 70 YEARS MEMBERSHIP NO. 3700 20. SUNANDA K W/O MARAPPA MOOLYA AGED ABOUT 60 YEARS MEMBERSHIP NO.3562 21. RAMLATH BABI D/O ABDUL KHADER AGED ABOUT 36 YEARS MEMBERSHIP NO. 3255 22. MAMATHA P D W/O DUGAPPA GOWDA AGED ABOUT 30 YEARS MEMBERSHIP NO. 3764 23. SHABIRA P D/O IBRAHIM AGED ABOUT 32 YEARS MEMBERSHIP NO. 3783 - 4 - NC: 2025:KHC:8530 WP No. 3466 of 2025 24. P MOHAMMED SHARIFF S/O KUNJIAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO. 3787 25. ASHURA K S/O MOHAMMAD SHARIF AGED ABOUT 45 YEARS MEMBERSHIP NO. 3790 26. MOHAMMED KUNNI S/O ISUBUBYARI AGED ABOUT 52 YEARS MEMBERSHIP NO. 3786 27. JAMEELA W/O KHALANDER SHAFI AGED ABOUT 45 YEARS MEMBERSHIP NO. 3792 28. ANITHA W/O K DAMODARA AGED ABOUT 37 YEARS MEMBERSHIP NO. 3797 29. SAVITHA K W/O VENKAPPAYYA AGED ABOUT 55 YEARS MEMBERSHIP NO. 3811 30. DEVARA H S/O SUBBAYYA K AGED ABOUT 52 YEARS MEMBERSHIP NO. 3815 31. SUNDARA BHAT S/O DEVYAM AGED ABOUT 47 YEARS MEMBERSHIP NO. 3820 32. SHASHIKRISHNA BHAT S/O N KRISHNA BHAT - 5 - NC: 2025:KHC:8530 WP No. 3466 of 2025 AGED ABOUT 45 YEARS MEMBERSHIP NO. 3839 33. APPASANA W/O MOHAMMAD AGED ABOUT 30 YEARS MEMBERSHIP NO. 3847 34. DEVAKI W/O DEVAPPA GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO. 3851 35. KANTHU AJEELA W/O DEYYAM AJEELA AGED ABOUT 55 YEARS MEMBERSHIP NO. 3896 36. MOHAMMED RAFEEQ S/O ISMAIL HAJI AGED ABOUT 42 YEARS MEMBERSHIP NO. 3912 37. PAVITHRA RAI W/O SURESHA RAI AGED ABOUT 35 YEARS MEMBERSHIP NO. 3942 38. SOFIYA W/O ASHRAF AGED ABOUT 36 YEARS MEMBERSHIP NO. 3945 39. RAMAMOHANA KOTE S/O GOPALAKRISHNAIH KOTE AGED ABOUT 49 YEARS MEMBERSHIP NO. 3546 40. PRIYANKA D KAMATH W/O D CHANDRASHEKAR KAMATH AGED ABOUT 31 YEARS MEMBERSHIP NO. 3719 - 6 - NC: 2025:KHC:8530 WP No. 3466 of 2025 41. GEETHA W/O JANARDHANA ACHARYA AGED ABOUT 50 YEARS MEMBERSHIP NO. 3622 42. JAYASHREE P D W/O DUGGAPPA GOWDA AGED ABOUT 33 YEARS MEMBERSHIP NO. 3631 43. PARVATHI K W/O VENKATRAMANA ACHARYA AGED ABOUT 56 YEARS MEMBERSHIP NO. 3646 44. KAMALA W/O BABU POOJARY K AGED ABOUT 65 YEARS MEMBERSHIP NO. 3648 45. JAYANATHI K W/O NARAYANA K AGED ABOUT 36 YEARS MEMBERSHIP NO. 3684 46. K CHENNAPPA GOWDA S/O MAHADEVAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 3692 47. REVATHI T W/O NARAYANA AGED ABOUT 35 YEARS MEMBERSHIP NO. 3693 48. GIRIJA P W/O ITHA MERA AGED ABOUT 40 YEARS MEMBERSHIP NO. 3951 49. ISABI - 7 - NC: 2025:KHC:8530 WP No. 3466 of 2025 S/O N K ABBOBAKAR AGED ABOUT 52 YEARS MEMBERSHIP NO. 3977 50. PUSHPALATHA W/O NARAYANA AGED ABOUT 46 YEARS MEMBERSHIP NO. 3706 51. HARISH RAI D S/O SHEENAPPA RAI AGED ABOUT 38 YEARS MEMBERSHIP NO. 3997 52. ABDULA SHARIFF S/O ABDULLA P AGED ABOUT 40 YEARS MEMBERSHIP NO. 3720 53. MOHAMMED S/O IBRAHIM AGED ABOUT 55 YEARS MEMBERSHIP NO. 3723 54. DHARMAPALA S/O RAMANA POOJARY AGED ABOUT 38 YEARS MEMBERSHIP NO. 3732 55. VENKAPPAIAH K S/O RAMACHANDRA BHAT K AGED ABOUT 63 YEARS MEMBERSHIP NO. 3737 56. JAMEELA W/O UMAR AGED ABOUT 36 YEARS MEMBERSHIP NO. 3739 57. SAVITHA K K W/O BHATTYA MUGERA AGED ABOUT 38 YEARS - 8 - NC: 2025:KHC:8530 WP No. 3466 of 2025 MEMBERSHIP NO. 3740 58. SHARADA W/O. KRISHNAPPA SHETTY AGED ABOUT 70 YEARS MEMBERSHIP NO. 3597 59. PRASHANTH S/O SHIVAPPA POOJARY AGED ABOUT 35 YEARS MEMBERSHIP NO. 3926 60. SHALEELA D/O BABU NAIKA AGED ABOUT 26 YEARS MEMBERSHIP NO. 4192 61. VISHALAKSHI PURUSHOTHAM W/O PURUSHOTHAMMA KILANGODI AGED ABOUT 30 YEARS MEMBERSHIP NO. 4196 62. LALITHA MUGUPPA W/O BABU GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO:4213 63. JAYASHEELA K W/O PRABHAKARA P AGED ABOUT 48 YEARS MEMBERSHIP NO:4219 64. KHALEEL S/O MOHAMMAD AGED ABOUT 39 YEARS MEMBERSHIP NO:4234 65. MARIYAMMA W/O UMAR AGED ABOUT 65 YEARS MEMBERSHIP NO:4253 - 9 - NC: 2025:KHC:8530 WP No. 3466 of 2025 66. THASRIPA W/O ABDUL HAJEEJ AGED ABOUT 40 YEARS MEMBERSHIP NO:4255 67. SUMANTH K S S/O SUBRAMANYA K S AGED ABOUT 26 YEARS MEMBERSHIP NO:4264 68. U K HANEEF S/O UMAR N K AGED ABOUT 48 YEARS MEMBERSHIP NO:2644 69. SHAREEF M S/O PALLI KUNJI AGED ABOUT 45 YEARS MEMBERSHIP NO:4064 70. MEENAKUMARI W/O KRISHNAMURTHY K AGED ABOUT 50 YEARS MEMBERSHIP NO:2585 71. DIWAKAR S/O NARAYANA RAI AGED ABOUT 53 YEARS MEMBERSHIP NO:2589 72. MAILLAPPA NAIKA M S/O. NONU NAIK AGED ABOUT 55 YEARS MEMBERSHIP NO. 2616 73. ISMAIL N A S/O ABDULLA AGED ABOUT 58 YEARS MEMBERSHIP NO. 2626 74. MOHAMMED KUNNI P S/O IBRAHIM K P - 10 - NC: 2025:KHC:8530 WP No. 3466 of 2025 AGED ABOUT 50 YEARS MEMBERSHIP NO. 2645 75. SAVITHRI D/O HUKRAPPA GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO. 2678 76. MAHABALESHWARA K S/O GOPALAKRISHNAIH K AGED ABOUT 51 YEARS MEMBERSHIP NO. 2684 77. ISMAIL S/O MOHAMMAD AGED ABOUT 55 YEARS MEMBERSHIP NO. 2687 78. VASANTHKUMAR N S/O MONAPPA GOWDA A AGED ABOUT 56 YEARS MEMBERSHIP NO. 2701 79. ADITHYA KRISHNA K S S/O SUBRAMANYA K AGED ABOUT 40 YEARS MEMBERSHIP NO. 2708 80. RAJARAM KADILA S/O KRISHNA BHAT AGED ABOUT 42 YEARS MEMBERSHIP NO. 2712 81. JAYALAKSHMI S S/O NARAYANA S AGED ABOUT 45 YEARS MEMBERSHIP NO. 2715 82. DEVAKI K W/O PUTTANNA GOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO. 2723 - 11 - NC: 2025:KHC:8530 WP No. 3466 of 2025 83. MONAPPA K S/O SUBBA BAIRA AGED ABOUT 40 YEARS MEMBERSHIP NO. 2727 84. NARAYANA K S/O SUBBA BAIRA AGED ABOUT 39 YEARS MEMBERSHIP NO. 2728 85. DAYANAND RAI S/O VENKAPPA RAI AGED ABOUT 54 YEARS MEMBERSHIP NO. 3423 86. ABDUL AJEEJA S/O KUNJIAPPA AGED ABOUT 40 YEARS MEMBERSHIP NO. 3446 87. VENKATRAMANAIAH S/O SEETHARAMAYYA K AGED ABOUT 52 YEARS MEMBERSHIP NO. 2153 88. ANURADHA K W/O VENKATA RAMANYYA K AGED ABOUT 44 YEARS MEMBERSHIP NO. 2732 89. GOVINDA BHAT K S S/O SUBBRAYA BHAT AGED ABOUT 68 YEARS MEMBERSHIP NO. 1510 90. NARAYAN K S/O KUNJIANNA GOWDA AGED ABOUT 64 YEARS MEMBERSHIP NO.1568 91. SHAKUNTHALA D - 12 - NC: 2025:KHC:8530 WP No. 3466 of 2025 W/O SEETHARAMA BHAT AGED ABOUT 68 YEARS MEMBERSHIP NO. 1708 92. LAKSHMI P K W/O SRIKRISHNA CHAKKADI AGED ABOUT 70 YEARS MEMBERSHIP NO. 1739 93. ISMAIL A K S/O KUNJNAMMADE BYARI AGED ABOUT 72 YEARS MEMBERSHIP NO. 1809 94. PRAVEEN CHANDRA PALAYI S/O RAMACHANDRA PALAYI AGED ABOUT 63 YEARS MEMBERSHIP NO. 1870 95. VENKATAKRISHNA SHARMA K S/O NARAYANA SHARMA AGED ABOUT 75 YEARS MEMBERSHIP NO. 1912 96. SUBBAIAH K S/O GOPALA KRISHNAIH K AGED ABOUT 61 YEARS MEMBERSHIP NO. 1923 97. ABDULLA B S/O MOHAMMAD AGED ABOUT 80 YEARS MEMBERSHIP NO. 1986 98. ISABBU G S/O ABDULLA AGED ABOUT 75 YEARS MEMBERSHIP NO. 2083 99. RAMACHANDRA BHAT C S/O SHANKARA BHAT AGED ABOUT 70 YEARS - 13 - NC: 2025:KHC:8530 WP No. 3466 of 2025 MEMBERSHIP NO. 2102 100. SURYANARAYANA K S/O KOTE GOPALA KRISHNA AGED ABOUT 65 YEARS MEMBERSHIP NO.2127 101. SUSHEELA T W/O SHESHAPPA NAIKA AGED ABOUT 65 YEARS MEMBERSHIP NO. 2150 102. SARASWATHI K S W/O SUBRAMANYA K AGED ABOUT 65 YEARS MEMBERSHIP NO. 2170 103. JANARDHA ACHARI W/O HOVAPPA ACHARI AGED ABOUT 50 YEARS MEMBERSHIP NO. 2234 104. NAGAMANI P PALAYI W/O PRAVEEN CHANDRA AGED ABOUT 58 YEARS MEMBERSHIP NO. 2255 105. SUBRAYA BHAT DALA S/O S P DAL AGED ABOUT 60 YEARS MEMBERSHIP NO. 2165 106. ISMAIL S/O IBRAHIM BYARI AGED ABOUT 60 YEARS MEMBERSHIP NO. 2556 107. SUBAIDA S/O HAMEED B M AGED ABOUT 54 YEARS MEMBERSHIP NO. 3038 . - 14 - NC: 2025:KHC:8530 WP No. 3466 of 2025 108. JAYALAKSHMI R BHAT W/O RAMA CHADRA AGED ABOUT 52 YEARS MEMBERSHIP NO. 2298 109. ABOOBUKAR INDRAJA S/O MUMMIYI AGED ABOUT 65 YEARS MEMBERSHIP NO. 2300 110. LALITHA HEBBAR W/O HEBBARA PARAMESHWARYYA AGED ABOUT 76 YEARS MEMBERSHIP NO. 2309 111. KANAKAVATHI K P W/O PARAMESHWARAYYA AGED ABOUT 65 YEARS MEMBERSHIP NO. 2339 112. HARINAKSHI P RAI W/O PADMANABHA P AGED ABOUT 55 YEARS MEMBERSHIP NO.2416 KALANJA-BALILA PRIMARY AGRICULTURAL 113. SUNANDA R RAI W/O RAMANNA RAI M AGED ABOUT 75 YEARS MEMBERSHIP NO. 2421 114. BHAGIRATHI S ALVA W/O SADASHIVA ALVA M AGED ABOUT 61 YEARS MEMBERSHIP NO. 2456 115. PADMAIAH GOWDA K S/O DASAPPA GOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO. 2458 - 15 - NC: 2025:KHC:8530 WP No. 3466 of 2025 116. ABDULLA P S/O MOID KUNJI AGED ABOUT 74 YEARS MEMBERSHIP NO. 2466 117. MAHALINGA S/O DOMMA MOOLYA AGED ABOUT 78 YEARS MEMBERSHIP NO. 2469 118. VANAJAKSHI D/O KORAGAPPA RAI AGED ABOUT 68 YEARS MEMBERSHIP NO.2474 119. VARIJA T W/O SADANANDA GOWDA AGED ABOUT 61 YEARS MEMBERSHIP NO. 2484 120. RAJESHWARI R BHAT W/O RAMACHANDRA BHAT AGED ABOUT 60 YEARS MEMBERSHIP NO. 2510 121. SHASHIKALA D S W/O SUBRAYA BHAT AGED ABOUT 52 YEARS MEMBERSHIP NO. 2545 122. HAJI P ISSAC SAHEBA S/O FAKIRA SAHEB AGED ABOUT 90 YEARS MEMBERSHIP NO. 2559 123. JANARDHANA M S/O NARAYAN ACHARI AGED ABOUT 50 YEARS MEMBERSHIP NO. 2567 124. SAVITHA K S W/O SURESH K S - 16 - NC: 2025:KHC:8530 WP No. 3466 of 2025 AGED ABOUT 54 YEARS MEMBERSHIP NO. 2574 125. DHARMAVATHI W/O SHESHAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO. 4259 126. CHOMANNA NAIKA S/O KORAGA NAIKA AGED ABOUT 70 YEARS MEMBERSHIP NO. 2107 127. HEBBAR PARAMESHWARAIAH S/O SHANKARA NARAYANAIH AGED ABOUT 80 YEARS MEMBERSHIP NO. 655 128. SUKESHINI V S W/O VENKATA RAMANA BHAT AGED ABOUT 75 YEARS MEMBERSHIP NO.918 129. GANAPAIAH KAYARA S/O GOPALAKRISHNA BHAT AGED ABOUT 80 YEARS MEMBERSHIP NO. 951 130. HUKRAPPA NAIKA M S/O NARNU NAIK AGED ABOUT 72 YEARS MEMBERSHIP NO. 960 131. ANANTHA PADMNABHA G S/O SHAM BHATA AGED ABOUT 75 YEARS MEMBERSHIP NO. 972 132. VIJAYALAKSHMI K W/O NOT KNOW AGED ABOUT 65 YEARS MEMBERSHIP NO.988 - 17 - NC: 2025:KHC:8530 WP No. 3466 of 2025 133. SEETHARAMA BHAT D W/O SUBBARYA BHAT AGED ABOUT 72 YEARS MEMBERSHIP NO. 1006 134. NETHRAVATHI M RAI W/O MAHABALA RAI AGED ABOUT 78 YEARS MEMBERSHIP NO. 1044 135. SHANKARANAYANA P S/O SHIVARAMA NAIK AGED ABOUT 80 YEARS MEMBERSHIP NO. 1045 136. SEETHARAMA BHAT T S/O SHAM BHATA AGED ABOUT 77 YEARS MEMBERSHIP NO. 1047 137. LINGAPPA GOWDA P S/O NARNA GOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO. 1081 138. GOVINDA BHAT N S/O RAM CHANDRA SHARMA AGED ABOUT 78 YEARS MEMBERSHIP NO. 1095 139. SHIVAPPA POOJARI P S/O DERNA POOJARY AGED ABOUT 70 YEARS MEMBERSHIP NO. 1216 140. SUBBA BAIRA S/O PUTTA BAIRA AGED ABOUT 78 YEARS MEMBERSHIP NO. 1315 141. SUBRAMANYA K V - 18 - NC: 2025:KHC:8530 WP No. 3466 of 2025 S/O VADYAPPA GOWDA AGED ABOUT 76 YEARS MEMBERSHIP NO. 1345 142. KOSAPPA MOULYA S/O SHANKARA MOOLYA AGED ABOUT 75 YEARS MEMBERSHIP NO. 1369 143. ANDUNNI B W/O ADIYA KUTTI AGED ABOUT 70 YEARS MEMBERSHIP NO. 1401 144. AKSHATHA W/O SHIVA SANTHOSH AGED ABOUT 39 YEARS MEMBERSHIP NO. 4276 145. MOHAMMED BYARI S/O HAJI BYARI AGED ABOUT 77 YEARS MEMBERSHIP NO.3603 146. KORAGAPPA POOJARI S/O SHIVAPPA POOJARY AGED ABOUT 53 YEARS MEMBERSHIP NO. 3016 147. MOHAN G S/O GOVINDA BHAT AGED ABOUT 35 YEARS MEMBERSHIP NO. 3145 148. KUSUMA K W/O ANANDA POOJARY AGED ABOUT 32 YEARS MEMBERSHIP NO. 3153 149. LALITHA M W/O CHANIYAPPA NAIK AGED ABOUT 36 YEARS - 19 - NC: 2025:KHC:8530 WP No. 3466 of 2025 MEMBERSHIP NO. 3160 150. VEENA KUMARI D/O PADMANABHA AGED ABOUT 35 YEARS MEMBERSHIP NO. 3185 151. HASSAN KUNNI S/O ANDU BYARI AGED ABOUT 62 YEARS MEMBERSHIP NO. 3199 152. MARIYAMMA K W/O ABUBAKKAR AGED ABOUT 55 YEARS MEMBERSHIP NO. 3207 153. USHA A D/O RUKMMAYYA POOJARY AGED ABOUT 35 YEARS MEMBERSHIP NO. 3220 154. PRATHIMA KUMARI T D/O SHESHAPPA NAIKA T AGED ABOUT 31 YEARS MEMBERSHIP NO. 3264 155. MAIMUNA W/O ABUBAKKR AGED ABOUT 46 YEARS MEMBERSHIP NO. 3294 156. ABDULA RAHIMAN S/O MOHAMMAD AGED ABOUT 42 YEARS MEMBERSHIP NO. 3305 157. SHARATH KUAMR RAI S/O KK RAI AGED ABOUT 58 YEARS MEMBERSHIP NO. 3318 . - 20 - NC: 2025:KHC:8530 WP No. 3466 of 2025 158. JAYANTHI S RAI W/O SHARATH KUMAR AGED ABOUT 54 YEARS MEMBERSHIP NO. 3319 159. LEELAVATHI K W/O SHESHAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 3324 160. JANAKI W/O KRISHNAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO. 3326 161. VISHWANATH K S/O KRISHNAPPA AGED ABOUT 42 YEARS MEMBERSHIP NO.3355 162. KATHIJAMMA W/O B M MOHAMMAD AGED ABOUT 49 YEARS MEMBERSHIP NO. 3361 163. FOUZIYA W/O UMAR M AGED ABOUT 37 YEARS MEMBERSHIP NO. 3152 164. MOHAMMED RAFEEQ S/O D K ABDULLA AGED ABOUT 47 YEARS MEMBERSHIP NO. 3496 165. APPI S/O MALLA AGED ABOUT 40 YEARS MEMBERSHIP NO. 4008 166. UMAVATHI W/O NARAYANA - 21 - NC: 2025:KHC:8530 WP No. 3466 of 2025 AGED ABOUT 45 YEARS MEMBERSHIP NO. 4031 167. NARAYANA K S/O KORAGA NAIK AGED ABOUT 50 YEARS MEMBERSHIP NO. 4044 168. MARIYAMMA K T D/O M K HANEEF AGED ABOUT 30 YEARS MEMBERSHIP NO. 4048 169. HYDAR ALI S/O ABUBUKI AGED ABOUT 30 YEARS MEMBERSHIP NO. 4043 170. SAMZUDDIN S/O B M MOHAMMAD AGED ABOUT 36 YEARS MEMBERSHIP NO. 4053 171. PERUMALA W/O VENKATA RAMANA AGED ABOUT 55 YEARS MEMBERSHIP NO. 4062 172. ITHAPPA K S/O KATHODI MANE AGED ABOUT 46 YEARS MEMBERSHIP NO.4054 173. BHANUPRAKASH M S/O KRISHNAPPA GOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO. 4109 174. SHESHAPPA S/O KARIYAPPA POOJARY AGED ABOUT 50 YEARS MEMBERSHIP NO. 4129 - 22 - NC: 2025:KHC:8530 WP No. 3466 of 2025 175. SARASWATHI W/O APPAYYA NAIK AGED ABOUT 60 YEARS MEMBERSHIP NO. 4134 176. SOWMYA W/O GUDAPPA NAIK AGED ABOUT 50 YEARS MEMBERSHIP NO. 4135 177. VINAYA CHANDRA K S/O KOGANNA NAIK AGED ABOUT 42 YEARS MEMBERSHIP NO. 4138 178. DEVIPRASAD S S/O SHESHAPPA ACHARYA AGED ABOUT 40 YEARS MEMBERSHIP NO. 4142 179. MAHABALA RAI M S/O DOOMANNA RAI AGED ABOUT 50 YEARS MEMBERSHIP NO. 4148 180. SUNDARA K S/O ITHA AGED ABOUT 50 YEARS MEMBERSHIP NO. 4162 181. MEENAKSHI K W/O T HARICHANDRA AGED ABOUT 35 YEARS MEMBERSHIP NO. 4175 182. SULAISHA W/O FAROOQ AGED ABOUT 45 YEARS MEMBERSHIP NO. 2802 183. HAMEED B M - 23 - NC: 2025:KHC:8530 WP No. 3466 of 2025 S/O MAHI KUNJI AGED ABOUT 56 YEARS MEMBERSHIP NO. 2598 184. SHASHIKALA K S/O ANANDA S AGED ABOUT 52 YEARS MEMBERSHIP NO. 2775 185. PREMALATH T S/O KOOSAPPA NAIK AGED ABOUT 54 YEARS MEMBERSHIP NO. 2780 186. VISHWANATHA POOJARI S/O ELIYANNA POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO.2786 187. ABDUL RAHIMAN S/O IBRAHIM AGED ABOUT 56 YEARS MEMBERSHIP NO. 2795 188. JANAKI W/O VASAPPAN M AGED ABOUT 48 YEARS MEMBERSHIP NO. 2800 189. MOHAMMED N A S/O ABDULLA N AGED ABOUT 60 YEARS MEMBERSHIP NO. 2820 190. NARAYANA M R S/O RAMANNA ACHARYA AGED ABOUT 48 YEARS MEMBERSHIP NO. 2821 191. SHANTHI W/O THIMMAPPA GOWDA AGED ABOUT 52 YEARS - 24 - NC: 2025:KHC:8530 WP No. 3466 of 2025 MEMBERSHIP NO. 2855 192. YATHISH B S/O NARAYANA MADIWALA AGED ABOUT 46 YEARS MEMBERSHIP NO. 2859 193. SADASHIVA POOJARI K S/O MUNHJI POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO. 2861 194. BALU RAI P S/O HUKRAPPA AGED ABOUT 80 YEARS MEMBERSHIP NO. 2890 195. VEENA A W/O NARAYANA M S AGED ABOUT 46 YEARS MEMBERSHIP NO. 2904 196. CHANDRAKALA K W/O KRISHNAPPA SHETTY AGED ABOUT 36 YEARS MEMBERSHIP NO. 2907 197. JANAKI B W/O KANTHU HAJILA AGED ABOUT 48 YEARS MEMBERSHIP NO. 2941 198. DAYANANDA K S/O SANJEEVA BHANDARI AGED ABOUT 43 YEARS MEMBERSHIP NO.2973 199. USHA K W/O BALAKRISHNA RAI AGED ABOUT 56 YEARS MEMBERSHIP NO. 2991 - 25 - NC: 2025:KHC:8530 WP No. 3466 of 2025 200. HAMEED M P S/O POKERE BYARI AGED ABOUT 55 YEARS MEMBERSHIP NO.3014 ALL ARE MEMBERS OF KALANJA-BALILA PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 SAHAKARI SADANA, KALANJA POST KOTEMUNDUGARU, SULLIA TALUK DAKSHINA KANNADA DISTRICT–574 212 …PETITIONERS [THE PETITIONERS AGED ABOVE 60 YEARS DO NOT CLAIM THE BENEFIT OF SENIOR CITIZEN] (SRI RAKSHITH KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING,BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC ‘A’ BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. KALANJA-BALILA PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 SAHAKARI SADANA, KALANJA POST KOTEMUNDUGARU, SULLIA TALUK DAKSHINA KANNADA DISTRICT - 574 212 REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, KALANJA-BALILA PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD., SAHAKARI SADANA, KALANJA POST KOTEMUNDUGARU, SULLIA TALUK DAKSHINA KANNADA DISTRICT - 574 212. - 26 - NC: 2025:KHC:8530 WP No. 3466 of 2025 …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1 TO R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2; SRI KETHAN KUMAR, ADVOCATE FOR R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 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 CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 07.02.2025. 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 prayers:- "i. Issue a writ of mandamus directing the Respondents to include the names of these Petitioners in the final eligible voters list and permit the Petitioners to cast their votes in the upcoming elections of the Respondent No.3 Society which is scheduled to be held on 07.02.2025. ii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. " - 27 - NC: 2025:KHC:8530 WP No. 3466 of 2025 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 07.02.2025 subject to final outcome of this petition. 3. Heard Sri Rakshith Kumar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Kethan Kumar, learned counsel for respondent No.3. 4. Counsel for the petitioners submits that the election has been held as scheduled on 07.02.2025 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 - 28 - NC: 2025:KHC:8530 WP No. 3466 of 2025 (‘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. 6. Learned counsel for respondent No.3-Society 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 1 2022 (4) AKR 775 - 29 - NC: 2025:KHC:8530 WP No. 3466 of 2025 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 07.02.2025. 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. - 30 - NC: 2025:KHC:8530 WP No. 3466 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 MBM List No.: 2 Sl No.: 19