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2025 DAILYLAW 16491 (KAR)

BORALINGEGOWDA v. THE STATE OF KARNATAKA

WP/3684/2025 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:14684 WP No. 3684 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3684 OF 2025 (CS-EL/M) BETWEEN: 1. BORALINGE GOWDA, S/O SIDDEGOWDA, AGED ABOUT 58 YEARS. 2. SHIVANNEGOWDA, S/O P KALEGWODA, AGED ABOUT 45 YEARS. 3. PARAMESHA.C.B, S/O BORALINGEGOWDA, AGED ABOUT 32 YEARS. 4. RAMAKRISHNEGOWDA, S/O DEVEGOWDA, AGED ABOUT 42 YEARS. PETITIONER NO. 1 TO 4 ARE R/AT CHIKKAHOSAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 426. 5. GIRIGOWDA, S/O KRISHNEGOWDA, AGED ABOUT 45 YEARS, CHILLADAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT -571 426. 6. SURESH. B, S/O BASAVEGOWDA, AGED ABOUT 47 YEARS. 7. ASHOK, S/O SIDDAVEEREGOWDA, AGED ABOUT 46 YEARS. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14684 WP No. 3684 of 2025 8. SIDDAVEEREGOWDA, S/O KARIGOWDA, AGED ABOUT 52 YEARS. 9. JAGADISH, S/O SIDDAVEEREGOWDA, AGED ABOUT 28 YEARS. 10. NANJUNDEGOWDA, S/O BOREGOWDA, AGED ABOUT 57 YEARS. PETITIONER NO. 6 TO 10 ARE R/AT AREBOPPANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 426. 11. MANJEGOWDA.K, S/O KEMPEGOWDA, AGED ABOUT 37 YEARS. 12. BORASHETTY, S/O HUCCHHA SHETTY, AGED ABOUT 49 YEARS. 13. SANNEGOWDA, S/O CHANNEGOWDA, AGED ABOUT 52 YEARS. 14. KEMPEGOWDA, S/O MAYAMMANADEVEGOWDA, AGED ABOUT 57 YEARS. 15. SAROJAMMA, W/O PUTTEGOWDA, AGED ABOUT 42 YEARS. 16. RAMACHANDREGOWDA.A.A, S/O SIDDEGOWDA, AGED ABOUT 32 YEARS. 17. NAGEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 41 YEARS. - 3 - NC: 2025:KHC:14684 WP No. 3684 of 2025 18. ASHOK.B.V, S/O VENKATEGOWDA, AGED ABOUT 50 YEARS. 19. RAMEGOWDA, S/O BORALINGEGOWDA URUF SANNEGOWDA, AGED ABOUT 39 YEARS. 20. DEVAIAHGOWDA, S/O CHANNEGOWDA URUF KARIGOWDA, AGED ABOUT 43 YEARS. 21. VENKATESHWARA. A.C, S/O CHANNEGOWDA, AGED ABOUT 42 YEARS. 22. PUTTEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 31 YEARS. 23. SHANKAREGOWDA.J, S/O JAVAREGOWDA, AGED ABOUT 26 YEARS. 24. RAMESH.A.N, S/O NANJUNDAIAH, AGED ABOUT 49 YEARS. 25. JAYARAM, S/O KARIYAIAH, AGED BOUT 57 YEARS. 26. NANJUNDEGOWDA, S/O LATE DEVAIAHGOWDA, AGED ABOUT 58 YEARS. 27. DYAVAIAH, S/O ERAIAH, AGED ABOUT 43 YEARS. 28. KALAIAH, S/O ERAIAH, AGED ABOUT 41 YEARS. - 4 - NC: 2025:KHC:14684 WP No. 3684 of 2025 29. MAHESH.A.D, S/O DEVAIAH, AGED ABOUT 32 YEARS. PETITIONER NO.11 TO 29 ARE R/AT AGRAHARA BACHAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 30. SUNIL S, S/O SANNAKALEGOWDA, AGED ABOUT 44 YEARS. 31. RAVI, S/O SINGAIAH, AGED ABOUT 28 YEARS. 32. KUMARGOWDA.A.K, S/O KAPANIGOWDA, AGED ABOUT 33 YEARS. PETITIONER NO. 30 TO 32 ARE R/AT ANECHAKKANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 33. RAMKRISHNEGOWDA.A.V, S/O VENKATEGOWDA, AGED ABOUT 57 YEARS. 34. RATNAMMA, W/O CHIKKEGOWDA, AGED ABOUT 49 YEARS. PETITIONER NO. 33 & 34 ARE R/AT HANUVINAKATTE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 426. 35. RAJASHEKAR, S/O VENKATEGOWDA, AGED ABOUT 55 YEARS. 36. GOPALGOWDA, S/O DYAVEGOWDA, AGED ABOUT 54 YEARS. - 5 - NC: 2025:KHC:14684 WP No. 3684 of 2025 PETITIONER NO. 35 & 36 ARE R/AT KROTI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 426. 37. SINGAIAH, S/O CHIKKAIAH, AGED ABOUT 56 YEARS, R/AT KADUMENASA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 426. 38. LALITHAMMA, W/O GIRIGOWDA, AGED ABOUT 46 YEARS. 39. BYRAIAH, S/O BAKKAIAH, AGED ABOUT 29 YEARS. 40. NARASIMHARAJE URS, S/O THIMMARAJ URS, AGED ABOUT 43 YEARS. PETITIONER NO. 38 & 40 ARE R/AT KUNDANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 41. RAMACHANDRA, S/O RANGAIAH, AGED ABOUT 47 YEARS. 42. KUMAR.C, CHIKKAIAH, AGED ABOUT 35 YEARS. 43. SAROJAMMA, W/O RAMACHANDRA, AGED ABOUT 33 YEARS. PETITIONER NO. 41 & 43 ARE R/AT GANDINAGARA VILLAGE, K.R PETE TALUK, MANDYA DISTRICT-571 812. - 6 - NC: 2025:KHC:14684 WP No. 3684 of 2025 44. KUNDUREGOWDA, S/O SIDDEGOWDA, AGED ABOUT 46 YEARS. 45. NAGEGOWDA, S/O BOMMEGOWDA, AGED ABOUT 58 YEARS. PETITIONER NO. 44 & 45 ARE R/AT GUDDENAHALLI VILLAGE, K.R.PETE TALUK. MANDYA DISTRICT-571 812. 46. NANJEGOWDA, S/O BYREGOWDA, AGED ABOUT 59 YEARS. 47. NINGARAJEGOWDA, S/O NAGEGOWDA, AGED ABOUT 47 YEARS. 48. LAKSHMAMMA, W/O SIDDALINGEGOWDA, AGED ABOUT 40 YEARS. PETITIONER NO. 46 & 48 ARE R/AT THEGANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 49. SHIVEGOWDA, S/O MANDIGOWDA, AGED ABOUT 51 YEARS, R/AT NAGARURU VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 426. 50. LAKSHMAMMA, W/O SHETTYGOWDA, AGED ABOUT 45 YEARS. 51. BETTEGOWDA.P.C, S/O CHALUVEGOWDA, AGED ABOUT 23 YEARS. - 7 - NC: 2025:KHC:14684 WP No. 3684 of 2025 52. MARIBASAPPA, S/O SHIVANAIAH, AGED ABOUT 55 YEARS. 53. RAMEGOWDA.P.D, S/O DASEGOWDA, AGED ABOUT 41 YEARS. 54. SURESH.P.K, S/O KALEGOWDA, AGED ABOUT 46 YEARS. 55. RAMAKRISHNA.P.K, S/O KALEGOWDA, AGED ABOUT 44 YEARS. 56. JAYAKRISHNEGOWDA, S/O MASTIGOWDA, AGED ABOUT 27 YEARS. PETITIONER NO. 50 & 56 ARE R/AT PURA.K VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 57. BASAVEGOWDA, S/O BYREGOWDA, AGED ABOUT 58 YEARS, R/AT BOMMANAYAKANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 58. PREMAMMA, W/O MOGANNAGOWDA, AGED ABOUT 42 YEARS, R/AT B. KALLAHALLI VILLAGE, K.R. PETE TALUK, MANDYA DISTRICT-571 812. 59. PADMAVATHI.D, W/O MOGANNAINH. M, AGED ABOUT 38 YEARS. 60. BHEEMEGOWDA, S/O PAPEGOWDA, AGED ABOUT 59 YEARS. - 8 - NC: 2025:KHC:14684 WP No. 3684 of 2025 61. JAGADISH, S/O LAKKEGOWDA, AGED ABOUT 55 YEARS. 62. RAJEGOWDA.M.D, S/O DEVEGOWDA.M.S, AGED ABUT 59 YEARS. 63. KUMAR.M.S, S/O SHANKARABASAPPA, AGED ABOUT 41 YEARS. 64. SUBBEGOWDA, S/O NINGEGOWDA, AGED ABOUT 56 YEARS. 65. GANESHGOWDA, S/O SUBBEGOWDA, AGED ABOUT 54 YEARS. 66. BORAMMA, W/O JAVAREGOWDA, AGED ABOUT 43 YEARS. 67. KALAMMA, W/O KRIYAIAH, AGED ABOUT 50 YEARS. PETITIONER NO. 59 & 67 ARE R/AT MAKAVALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571812. 68. MANJUNATH.V.S, S/O NINGEGOWDA, AGED ABOUT 40 YEARS. 69. PUTTAMMA, W/O RAJEGOWDA.D, AGED ABOUT 44 YEARS. 70. MANJUNATH.R, S/O RAJEGOWDA.D, AGED ABOUT 42 YEARS. - 9 - NC: 2025:KHC:14684 WP No. 3684 of 2025 PETITIONER NO. 68 & 70 ARE R/AT MALLENAHALLI.K VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. 71. RATHNAMMA, W/O RAJEGOWDA, AGED ABOUT 42 YEARS. 72. PUTTASWAMYGOWDA.V.M, S/O MARIGOWDA, AGED ABOUT 58 YEARS. 73. HANUMANTHEGOWDA, S/O GAVIGOWDA, AGED ABOUT 32 YEARS. 74. MANJEGOWDA.M.R, S/O RAJEGOWDA B, AGED ABOUT 48 YEARS. 75. HANUMANTHEGOWDA, S/O LATE HANUMEGOWDA, AGED ABOUT 56 YEARS. 76. PADMANABHA.V.H, S/O HANUMANTHEGOWDA, AGED ABOUT 44 YEARS. 77. MEENAKSHI.M.R, W/O SHUBHASHCHANDRA, AGED ABOUT 41 YEARS. 78. NAGENDRA.M.R, S/O RAJEGOWDA D, AGED ABOU 47 YEARS. 79. SAVITHRAMMA, W/O LATE JAYARAM, AGED ABOUT 26 YEARS. PETITIONER NO. 71 & 78 ARE R/AT VALAGEREMENASA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. - 10 - NC: 2025:KHC:14684 WP No. 3684 of 2025 80. CHANNABASAPPA.L.B, S/O BASAPPA, AGED ABOUT 52 YEARS. 81. MAHADEVAMMA, W/O CHANNABASAPPA. L.B, AGED ABOUT 41 YEARS. PETITIONER NO. 80 & 81 ARE R/AT LINGAPUR VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571812. 82. RAJEGOWDA.S.S, S/O SUBBEGOWDA, AGED ABOUT 54 YEARS. 83. GOWRAMMA, W/O BOREGOWDA, AGED ABUT 45 YEARS. 84. SUSHEELAMMA, W/O BOREGOWDA, AGED ABOUT 40 YEARS. 85. KUMAR.R, S/O RAMEGOWDA, AGED ABOUT 35 YEARS. 86. SHASHIDHARA.S.N, S/O NINGEGOWDA, AGED ABOUT 46 YEARS. 87. SHEKREGOWDA, S/O BOREGOWDA, AGED ABOUT 58 YEARS. 88. YOGESH.S.R, S/O LATE RAJEGOWDA, AGED ABOUT 44 YEARS. 89. MANJUNATHA.S.R, S/O RAMEGOWDA, AGED ABOUT 29 YEARS. - 11 - NC: 2025:KHC:14684 WP No. 3684 of 2025 PETITIONER NO. 82 & 89 ARE R/A SADAGONA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571812. 90. NANJUNDEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 24 YEARS. 91. KRISHNEGOWDA.S, S/O SUBBEGOWDA, AGED ABOUT 45 YEARS. 92. THIMMAIAH, S/O GOVINDAIAH, AGED ABOUT 58 YEARS. 93. LAKSHMAMMA.D.B, D/O EREGOWDA, AGED ABOUT 35 YEARS. 94. PRAKASH, S/O NANJEGOWDA, AGED ABOUT 37 YEARS. 95. PUTTARAJU.E, S/O EREGOWDA, AGED ABOUT 48 YEARS. 96. MANJUNATH.H S, S/O LATE SUBBANNACHARI, AGED ABOUT 49 YEARS. 97. HARISHA.H.C, S/O CHALUVEGOWDA, AGED ABOUT 44 YEARS. 98. VASANTHAMMA, W/O PRAKASHGOWDA, AGED ABOUT 48 YEARS. PETITIONER NO. 90 & 98 ARE R/A HEGGADAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571 812. - 12 - NC: 2025:KHC:14684 WP No. 3684 of 2025 99. GANESHACHARI, S/O BASAVACHARI, AGED ABOUT 43 YEARS. 100. MANJULA, D/O CHIKKAMALLAIH, AGED ABOUT 35 YEARS. 101. MANJAMMA, W/O NANJUNDEGOWDA, AGED ABOUT 49 YEARS. 102. JAVAREGOWDA.H.K, S/O KALEGOWDA, AGED ABOUT 55 YEARS. 103. SUJATHA.H.J, W/O NAGARAJU.B, AGED ABOUT 39 YEARS. 104. THAYAMMA, D/O SUBBEGOWDA, AGED ABOUT 41 YEARS. PETITIONER NO. 99 & 104 ARE R/AT HIRKALALI VILLAGE, KR.PETE TALUK, MANDYA DISTRICT-571812. …PETITIONERS (BY SRI YASHAVANTHSWAMY A M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S.BUILDING , BENGALURU-560 001. 2. THE CO-OPERATIVE FLECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR BUS STOP, BENGALURU-560027, REP. BY ITS COMMISSIONER. - 13 - NC: 2025:KHC:14684 WP No. 3684 of 2025 3. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES/ ELECTION OFFICER, BANDIGOUDA BADAVANE, MANDYA HO, MANDYA-571 401. 4. THE RETURNING OFFICER, KRISHNA RAJA PETE PRIMARY CO-OPERATIVE SOCIETY AND RURAL DEVELOPMENT SOCIETY LTD., 2ND CIRCLE, KRISHNARAJAPETE, KRISHNARAJAPETE TALUK, MANDYA DISTRICT-571426. REGISTERED UNDER CO-OPERATIVE SOCIETY ACT. 5. KRISHNA RAJA PETE PRIMARY CO-OPERATIVE SOCIETY AND RURAL DEVELOPMENT SOCIETY LTD., 2ND CIRCLE. REP. BY ITS CHIEF EXECUTIVE OFFICER, KRISHNARAJAPETE, KRISHNARAJAPETE TALUK, MANDYA DISTRICT-571426. REGISTERED UNDER CO-OPERATIVE SOCIETY ACT. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULE TO BE HELD ON 08.02.2025 ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of - 14 - NC: 2025:KHC:14684 WP No. 3684 of 2025 the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes. 2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 1 W.P.No.8502/2022 dated 7.6.2022 - 15 - NC: 2025:KHC:14684 WP No. 3684 of 2025 3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. 4. In that view of the matter, I pass the following: ORDER i. The Writ Petition is disposed of. ii. The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter. iii. In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the - 16 - NC: 2025:KHC:14684 WP No. 3684 of 2025 applicable law, this court has not expressed any opinion on those issues. iv. The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 93