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2025 DAILYLAW 16462 (KAR)

MANJAPPA T V v. THE STATE OF KARNATAKA

WP/3615/2025 · 2025-02-21

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8330 WP No. 3615 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3615 OF 2025 (CS-EL/M) BETWEEN: 1. MANJAPPA T V S/O VEERAPPA T AGED ABOUT 63 YEARS, MEMBERSHIP/SHARE KHATE NO-228 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224. 2. MAHADEVAPPA S/O VEERAPPA AGED ABOUT 65 YEARS, MEMBERSHIP/SHARE KHATE NO-221 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 3. SIDDAPPA T V S/O VEERAPPA AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO-226 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 4. MANJAPPA N S/O PANCHAKSHARAPPA AGED ABOUT 73 YEARS, MEMBERSHIP/SHARE KHATE NO-1429 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8330 WP No. 3615 of 2025 5. SULEMAN KHAN S/O KHADARALI KHAN AGED ABOUT 65 YEARS, MEMBERSHIP/SHARE KHATE NO-2350 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 6. AMEER AHAMED M S/O MOULSAB AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO-3304 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 7. NARAYANAIAH S T S/O THIMMAIAH AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO-4047 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 8. VIJAYAKUMAR H C S/O CHANDRAPPA H MEMBERSHIP/SHARE KHATE NO -1355 AGED ABOUT 43 YEARS, R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 9. CHANDRAPPA G B DR. S/O BASAVANAPPA G AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO -3496 R/O AT SASVEHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 10. ANUSUYA G S W/O SHEKARAPPA G AGED ABOUT 50 YEARS, MEMBERSHIP/SHARE KHATE NO -2120 - 3 - NC: 2025:KHC:8330 WP No. 3615 of 2025 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 11. GANESHAPPA K G S/O BENKAPPA K G AGED ABOUT 57 YEARS, MEMBERSHIP/SHARE KHATE NO -6788 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 12. SUVARNA G D W/O DEVARAJAPPA G B AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO -2119 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 13. BASAVARAJAPPA C S/O MALLAPPA AGED ABOUT 75 YEARS, MEMBERSHIP/SHARE KHATE NO -2496 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 14. VEERESH K P S/O PALAKSHAPPA AGED ABOUT 45 YEARS, MEMBERSHIP/SHARE KHATE NO -3843 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 15. PARAMESHWARAPPA G S S/O SIDDALINGAPPA AGED ABOUT 71 YEARS, MEMBERSHIP/SHARE KHATE NO -2511 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 - 4 - NC: 2025:KHC:8330 WP No. 3615 of 2025 16. PARVATHAMMA K S W/O SHEKARAPPA K S AGED ABOUT 65 YEARS, MEMBERSHIP/SHARE KHATE NO -1618 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 17. RAJAPPA K H S/O CHANNAVEERAPPA GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP/SHARE KHATE NO -1614 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 18. SUJATHA H S W/O RAJAPPA S AGED ABOUT 52 YEARS, MEMBERSHIP/SHARE KHATE NO -1615 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 19. RUDRAPPA H S/O ESHWARAPPA AGED ABOUT 75 YEARS, MEMBERSHIP/SHARE KHATE NO -1806 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 20. SHANTHARAJ K H S/O ESHWARAPPA AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO -1807 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 21. BASAVARAJAPPA K H S/O VEERAPPA AGED ABOUT 68 YEARS, MEMBERSHIP/SHARE KHATE NO -1803 - 5 - NC: 2025:KHC:8330 WP No. 3615 of 2025 R/O AT KYASINAKERE VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 22. RAJAPPA B R S/O RUDRAPPA GOWDA MEMBERSHIP/SHARE KHATE NO -2591 AGED ABOUT 70 YEARS, R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224. 23. HALAPPAGOWDA U G S/O UJJAPPA GOWDA AGED ABOUT 51 YEARS, MEMBERSHIP/SHARE KHATE NO -1440 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 24. KUMAR GOWDA G G S/O UJJAPPA GOWDA AGED ABOUT 53 YEARS, MEMBERSHIP/SHARE KHATE NO -1439 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 25. JAGANATHA K B S/O KARIBASAPPA AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO -1456 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 26. CHANDRAMMA W/O LATE MAHESHWARAPPA K C AGED ABOUT 45 YEARS, MEMBERSHIP/SHARE KHATE NO -5039 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 - 6 - NC: 2025:KHC:8330 WP No. 3615 of 2025 27. SHANKRAPPA K C S/O CHANDRAPPA AGED ABOUT 60 YEARS, MEMBERSHIP/SHARE KHATE NO -1450 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 28. RAJASHEKHARAPPA H S S/O SHEKHARAPPA B H AGED ABOUT 58 YEARS, MEMBERSHIP/SHARE KHATE NO -4411 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 29. CHANDRAPPA G N S/O NANJAPPA AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO -4579 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 30. BASAVARAJAPPA N S/O BASAPPA AGED ABOUT 75 YEARS, MEMBERSHIP/SHARE KHATE NO -1444 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 31. THIRTHAPPA K B S/O KARIBASAPPA AGED ABOUT 68 YEARS, MEMBERSHIP/SHARE KHATE NO -1455 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 32. MANJUNATHA H B S/O BASAPPA AGED ABOUT 68 YEARS, MEMBERSHIP/SHARE KHATE NO -1446 - 7 - NC: 2025:KHC:8330 WP No. 3615 of 2025 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 33. LALITHAMMA W/O MANJUNATHAPPA K C AGED ABOUT 50 YEARS, MEMBERSHIP/SHARE KHATE NO -4396 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 34. PRAKASHCHANDRA B C S/O CHANDRASHEKARAPPA B H AGED ABOUT 47 YEARS, MEMBERSHIP/SHARE KHATE NO -4758 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 35. MANJUNATHA PATIL B G S/O PARAMESHWARAPPA GOWDA AGED ABOUT 45 YEARS, MEMBERSHIP/SHARE KHATE NO -1447 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 36. BASAVANA GOWDA S/O BASALINGAPPA AGED ABOUT 55 YEARS, MEMBERSHIP/SHARE KHATE NO -2593 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 37. HALESHAPPA B N S/O BASAPPA AGED ABOUT 70 YEARS, MEMBERSHIP/SHARE KHATE NO -2472 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 - 8 - NC: 2025:KHC:8330 WP No. 3615 of 2025 38. MANJUNATHA S S/O SHIVUMURTHAPPA AGED ABOUT 38 YEARS, MEMBERSHIP/SHARE KHATE NO -4260 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 39. SUDHA S R W/O RAJASHEKARAIAH AGED ABOUT 48 YEARS, MEMBERSHIP/SHARE KHATE NO -3613 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 40. GANGAMMA W/O RAJAPPA G S AGED ABOUT 64 YEARS, MEMBERSHIP/SHARE KHATE NO -3612 R/O AT BYRANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DIST. 577224 (NOTE PETITIONERS ABOVE AGED 60 YEARS, SENIOR CITIZEN NOT CLAIMED) … PETITIONERS (BY SRI SIDDANOORU VISHWANATHA, ADVOCATE (ABSENT) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTINAGAR, TTMC, KHB ROAD, BENGALURU-560 027 REP. BY ITS CHAIRMAN - 9 - NC: 2025:KHC:8330 WP No. 3615 of 2025 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ ELECTION OFFICER, DISTRICT ADMINISTRATION BHAVAN, PB ROAD, DAVANAGERE-577 001 4. RETURNING OFFICER AND CO-OPERATION DEVELOPMENT OFFICER SHIVA CREDIT CO-OPERATIVE SOCIETY LTD., HONNALI, NYAMATI ROAD, NEXT TO SHIVA STATUE, HONNALI, DAVANAGERE DISTRICT-577 217 5. ELECTION OFFICER STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTINAGAR TTMC 'A' BLOCK, KENGAL HANUMANTHAIAH ROAD, RAJARAM MOHAN ROY EXTENSION, SHANTINAGAR, BENGALURU, BENGALURU-560 027 6. THE MANAGER, SHIVA CREDIT CO-OPERATIVE SOCIETY LTD., (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) HONNALI, NYAMATI ROAD, NEXT TO SHIVA STATUE, HONNALI, DAVANAGERE DISTRICT-577 217 … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 TO R-5 SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PERMIT THE PETITIONERS / MEMBERS DETAILED IN THE IN-ELIGIBLE VOTER LIST DATED 15.08.2024 IS PRODUCED HEREWITH AS ANNEXURE- A ISSUED BY THE R-4 ORDER OR DIRECTION OR TO PERMIT THE PETITIONERS/ MEMBERS HEREIN TO PARTICIPATE FORTHCOMING ELECTION TO THE R-6 SOCIETY OF SASVEHALLI GENERAL CONSTITUENCY BY CONTEST / VOTE/ PARTICIPATING IN THE ENSUING ELECTION OF THE SOCIETY WHICH IS SCHEDULED ON 09.02.2025 AS PER ANNEXURE-B CALENDAR OF EVENTS DATED 20.01.2025. - 10 - NC: 2025:KHC:8330 WP No. 3615 of 2025 THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER This Court on 17.02.2025 passed the following order: “This Court on 07.02.2025 issued emergent notice to respondent No.6 and in addition, had permitted the learned counsel to take out hand summons in respect of respondent No.6. Learned counsel for the petitioner submits that due to inadvertence, the hand summons was not taken and request for a short accommodation. At request, two days time is granted to take out hand summons in respect of respondent No.6 and file an acknowledgment to that effect on payment of cost of Rs.500/- (Rupees Five Hundred Only) payable to Karnataka State Advocates Clerks Association. List this matter on 21.01.2025.” 2. Learned counsel for the petitioners is neither present before the Court nor has filed an - 11 - NC: 2025:KHC:8330 WP No. 3615 of 2025 acknowledgement for having paid cost of Rs.500/- or for having taken hand summons. 3. The matter is called twice. It appears that the petitioners are not interested in prosecuting the petition. Accordingly, the petition is dismissed for non- prosecution. Sd/- ____________________ JUSTICE K.S. HEMALEKHA YKL List No.: 2 Sl No.: 9