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2025 DAILYLAW 16482 (KAR)

K S SHIVAKUMAR v. STATE OF KARNATAKA

WP/3687/2025 · 2025-02-13

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6683 WP No. 3687 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3687 OF 2025 (CS-EL/M) BETWEEN: 1. K S SHIVAKUMAR S/O. K SHARANAPPA, AGED ABOUT 53 YEARS. R/A ATTIGERE POST,, DAVANAGERE DISTRICT. 2. K S RUDRAPPA, S/O. LATE. K SHARANAPPA, AGED ABOUT 53 YEARS. R/A NO.77, TEMPLE ROAD, ATTIGERE, ATTIGERE POST, DAVANAGERE DISTRICT 3. PRAKASH G S S/O SHIVANANDAPPA G AGED ABOUT 38 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT 4. PRAKASH KR S/O RANGAPPA K, AGED ABOUT 44 YEARS R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT 5. RAJU H G S/O GANGAPPA, AGED ABOUT 38 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6683 WP No. 3687 of 2025 R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT. 6. MURIGENDRAPPA H G S/O GANGAPPA, AGED ABOUT 50 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI DAVANAGERE DISTRICT. 7. NEELAKANTA H G S/O GANGAPPA H, AGED ABOUT 45 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT. 8. MARULUSIDDAPPA H G S/O G GANGAPPA AGED ABOUT 68 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT. 9. DEVENDRAPPA G S/O NAGAPPA, AGED ABOUT 59 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT 10. MANJUNATHA BS S/O SATYANARAYANA RAO AGED ABOUT 58 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT. 11. MANOHARA B S S/O SATYANARAYANA B AGED ABOUT 43 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT - 3 - NC: 2025:KHC:6683 WP No. 3687 of 2025 12. PUSHPA AN D/O SHANTHAPPA H G, AGED ABOUT 37 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT. 13. JAYADEVAPPA S/O CHANNABASAPPA AGED ABOUT 56 YEARS, R/A RAMAGONDANAHALLI POST, RAMAGONDANAHALLI, DAVANAGERE DISTRICT. 14. SIDDABASAPPA S/O NANDYAPPA AGED ABOUT 78 YEARS, R/A KABBURU, RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 15. NAGARAJAPPA K H S/O HANUMANTHAPPA, AGED ABOUT 38 YEARS, R/A KABBURU, RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT 16. PRAKASH K N S/O NANJAPPA, AGED ABOUT 50 YEARS, R/A KABBURU RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 17. MEENAKSHAMMA W/O CHANDRAPPA R V, AGED ABOUT 50 YEARS, R/A KABBURU, RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 18. NAGENDRAPPA S/O SIDDAVEERAPPA, AGED ABOUT 73 YEARS, R/A KABBURU, RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. - 4 - NC: 2025:KHC:6683 WP No. 3687 of 2025 19. PRABHULINGAPPA S/O SIDDAIAH AGED ABOUT 60 YEARS, R/A KABBURU, RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 20. SHADAKSHARI S S/O SIDDAPPA R AGED ABOUT 54 YEARS, R/A KABBURU, RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 21. CHANDRASHEKARAPPA K S/O DANAPPA, AGED ABOUT 50 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 22. SURENDRA K P S/O PANPAPPA AGED ABOUT 50 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 23. VAGEESHA D M S/O MAHADEVAPPA, AGED ABOUT 43 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 24. SHREEKANTAPPA S/O CHANNAPASABBA AGED ABOUT 64 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 25. GANGADHARAPPA K G S/O VEERABHADRAPPA K G - 5 - NC: 2025:KHC:6683 WP No. 3687 of 2025 AGED ABOUT 53 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 26. RAJAPPA H S S/O SHIVANANDAPPA H G AGED ABOUT 55 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 27. UMESH K B S/O BASAPPA AGED ABOUT 49 YEARS, R/A KABBURU , RAMAGONDANAHALLI POST, DAVANAGERE DISTRICT. 28. MALLIKARJUNAPPA S/O VEERABHADRAPPA AGED ABOUT 49 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT. 29. MAHESHWARAPPA S/O UMAPATHIYAPPA AGED ABOUT 53 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT. 30. MALLIKARNUNA B C S/O CHIDANANDAPPA B, AGED ABOUT 45 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT. 31. VARADARAJU S K S/O KEMPAPPA, AGED ABOUT 58 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT - 6 - NC: 2025:KHC:6683 WP No. 3687 of 2025 32. SHIVALINGAIAH M R S/O RUDRAIAH AGED ABOUT 60 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT 33. RUDRAIAH N M S/O NAMASHIVAIAH N M AGED ABOUT 61 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT. 34. SHARANAPPA B K S/O KALLAPPA, AGED ABOUT 59 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT. 35. EKANTHAPPA H R, S/O RAMAPPA H K, AGED ABOUT 47 YEARS, R/A GOPANAL AT AND POST DAVANAGERE DISTRICT. 36. SIDDAPPA S R S/O SIDDALINGAPPA AGED ABOUT 60 YEARS, R/A HIRETOGALERI AT AND POST, DAVANAGERE DISTRICT. 37. MUKUNDAPPA S/O KARIYAPPA AGED ABOUT 70 YEARS, R/A HIRETOGALERI AT AND POST, DAVANAGERE DISTRICT. 38. SIDDAPPA K R S/O CHANDRAMMA AGED ABOUT 56 YEARS, R/A KALAVURU ATTIGERE POST DAVANAGERE DISTRICT. - 7 - NC: 2025:KHC:6683 WP No. 3687 of 2025 39. AKKAMMA W/O HANUMAPPA AGED ABOUT 56 YEARS, R/A MEDIKEREIPURA RAMAGONDANAHALLI POST DAVANAGERE DISTRICT. 40. CHANDRANATHA M N S/O NAGAPPA M AGED ABOUT 53 YEARS, R/A MEDIKEREIPURA RAMAGONDANAHALLI POST DAVANAGERE DISTRICT …PETITIONERS (BY SRI. CHANDRASHEKAR G M., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3 RD FLOOR, SHANTHI NAGAR, T.T.M.C, KHB ROAD, BENGALURU-560002. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF CO-OP. SOCIETY REGISTRAR, NO.1, ALIASKAR ROAD, BENGALURU-5600052. 4. PCARD BANK LTD, DAVANAGARE TALUK, DAVANAGERE DISTRICT, DAVANAGERE-577217, REP BY ITS CEO. - 8 - NC: 2025:KHC:6683 WP No. 3687 of 2025 5. THE SECRETARY / MANAGER, PCARD BANK LTD, AND CO-OPERATIVE DEVELOPMENT OFFICER, HONNALI, DAVANAGERE DISTRICT-577217. 6. RETURNING OFFICER, PCARD BANK, DAVANAGARE TALUK, DAVANAGERE DISTRICT-577217. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 & R4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. M.B. HIREMATAD, ADVOCATE FOR R4& R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INFID PRAYING TO- DIRECTING THE RESPONDENTS TO CONCLUDE THE PROCESSES AS REQUIRED UNDER RULE 13D OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES AND TO CONDUCT ELECTIONS IN ACCORDANCE WITH THE SECTIONS 20(2) (a-vi) (a-v) INCLUDING NAME OF THE PETITIONERS. DIRECT THE R-2, 3 AND 4 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTER LIST AND CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND ITS RULES 1960. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners has filed a memo seeking leave of this Court to withdraw the petition. The same reads as under: - 9 - NC: 2025:KHC:6683 WP No. 3687 of 2025 “It is submitted that the in the light of the interim order dated 07.02.2025 of this Hon’ble court all the petitioners have casted their votes, which was scheduled on 08.02.2025 and subsequent to the election, the petitioners does not seeks for further orders and hence the petition got infructuous and hence this Hon’ble Court may kindly dismiss the present petition as withdrawn, in the interest of justice and equity.” In view the memo, the petition is dismissed as withdrawn. The Returning Officer to announce the results of the election scheduled on 08.02.2025 without including the votes of the petitioner. Sd/- JUSTICE K.S. HEMALEKHA YKL List No.: 2 Sl No.: 41