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2025 DAILYLAW 16559 (KAR)

CHIKKASIDDEGOWDA v. THE STATE OF KARNATAKA

WP/3685/2025 · 2025-02-17

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:7070 WP No. 3685 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3685 OF 2025 (CS-EL/M) BETWEEN: 1. CHIKKASIDDEGOWDA S/O. LINGEGOWDA AGED ABOUT 51 YEARS MEMBERSHIP NO.1591 SHARE NO.241/8 2. RAMEGOWDA S/O. THIRUMALEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.3233 SHARE NO.115/16 3. VENKATARAJAU S/O.THIRUMALEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.3381 SHARE NO.21/17 4. VENKATAPPA S/O. KEMPEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.3382 SHARE NO.22/17 5. VENKATEGOWDA S/O. THIMMEGOWDA @ MOLLEGOWDA AGED ABOUT 72 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7070 WP No. 3685 of 2025 MEMBERSHIP NO.1882 SHARE NO.91/10 6. MARISWAMY S/O. RACHAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO.2346 SHARE NO.118/12 7. SHIVABASAPPA S/O.RAJAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO.1170. SHARE NO.230/6 8. VENKATEGOWDA S/O. GUDDEVENKATEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO. 1657 SHARE NO.81/9 9. SIDDEGOWDA S/O. JAVAREGOWDA A GED ABOUT 71 YEARS MEMBERSHIP NO.2106 SHARE NO.94/11 10. THIMMEGOWDA S/O. SOONAGALLI KEMPEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO.2200 SHARE NO.207/11 11. SOMANNA H S/O. LATE HANUMEGOWDA AGED ABOUT 75 YEARS - 3 - NC: 2025:KHC:7070 WP No. 3685 of 2025 MEMBERSHIP NO.5265 SHARE NO.96/22 12. THIMMEGOWDA S/O.CHIKKAKEMPEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.3268 SHARE NO.151/16 13. KEMPEGOWDA S/O. MARIGOWDA MEMBERSHIP NO.5612 AGED ABOUT 52 YEARS SHARE NO.171/23 14. PUTTEGOWDA M S/O. MARIGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO.1282 SHARE NO. 128/7 15. THIMMAMMA W/O. HANUMA BHOVI AGED ABOUT 47 YEARS MEMBERSHIP NO.4474 SHARE NO.51/3 16. JAVARA BHOVI S/O. DHANGURA BHOVI AGED ABOUT 49 MEMBERSHIP NO.4473 SHARE NO.50/3 17. SANNAMMA W/O. NINGEGOWDA MEMBERSHIP NO.2152 - 4 - NC: 2025:KHC:7070 WP No. 3685 of 2025 SHARE NO.146/11 18. SHIVALINGAIAH D.M. S/O. MOTEGOWDA @ BORAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO.8462 SHARE NO.105/34 19. VALALAKSHMI W/O. SHIVALINGAIAH D.M. AGED ABOUT 52 YEARS MEMBERSHIP NO.8615 SHARE NO.236/34 20. MARISWAMY L S/O. MARIGOWDA @ LINGEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.2092 SHARE NO.76/11 21. LAKSHMAMMA W/O. SIDDEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.9564. SHARE NO.34/39 22. RACHEGOWDA C.K. S/O. KULLA RACHEGOWDA AGED ABOUT 42 YEARS MEMBERSHIP NO.0037 SHARE NO.59/1 23. SRINIVAS S. S/O. SANNEGOWDA AGED ABOUT 60 YEARS - 5 - NC: 2025:KHC:7070 WP No. 3685 of 2025 MEMBERSHIP NO.3758 SHARE NO.160/18 24. SAVITHRAMMA W/O. NARAYAN AGED ABOUT 64 YEARS MEMBERSHIP NO.8131 SHARE NO.54/33 25. VENKATAPPA S/O. VENKATEGOWDA AGED ABOUT 72 YEARS MEMBERSHIP NO.0434 SHARE NO.61/3 26. PUTTAMADAPPA S/O. MISSION BALAPPA AGED ABOUT 57 YEARS MEMBERSHIP NO. 1116 SHARE NO.157/6 27. RAJASHEKAR S/O. MAHADEVAPPA AGED ABOUT 46 YEARS MEMBERSHIP NO.2020 SHARE NO.237/10 28. NINGEGOWDA S/O. VENKATEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.2160 SHARE NO.157/11 29. VEERASWAMY S/O. MISSION BALAPPA - 6 - NC: 2025:KHC:7070 WP No. 3685 of 2025 AGED ABOUT 54 YEARS MEMBERSHIP NO.2494 SHARE NO.29/13 30. VENKATEGOWDA @ RAJU S/O. VENKATEGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.4776 SHARE NO.114/20 31. PUTTASWAMY S/O. MAALEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.4792 SHARE NO.130/20 32. SHIVASWAMY S/O. LATE. BALAPPA AGED ABOUT 72 YEARS MEMBERSHIP NO.7606 SHARE NO.58/31 33. SHIVANNA S/O. CHATAGAPPA AGED ABOUT 47 YEARS MEMBERSHIP NO.0825 SHARE NO.37/5 34. BHAGYAMMA D/O. DEVAIAH @ BALAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO.2600 SHARE NO.152/13 35. MARIMADAPPA - 7 - NC: 2025:KHC:7070 WP No. 3685 of 2025 S/O. LINGAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.3894 SHARE NO.48/19 36. REVANNA B. S/O. BASAVAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.4605 SHARE NO.208/3 37. MAHADEVAMMA W/O. LATE. SIDDAIAH C.N. AGED ABOUT 60 YEARS MEMBERSHIP NO.6256 SHARE NO.92/4 38. MADEGOWDA B. S/O. BOREGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO.7830 SHARE NO.2532 39. LINGAMMA W/O. MADEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO.5466 SHARE NO.29/23 40. LINGEGOWDA S/O. LINGEGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.1312 SHARE NO.164/7 - 8 - NC: 2025:KHC:7070 WP No. 3685 of 2025 41. ANDRAS M.A. S/O. LUKAS R. AGED ABOUT 42 YEARS MEMBERSHIP NO.1660 SHARE NO.84/9 42. NAGARAJU S/O. VENKATARAMANAIAH AGED ABOUT 57 YEARS MEMBERSHIP NO.3965 SHARE NO.122/19 43. SHIVALINGAIAH S/O. KULLEGOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO.5348 SHARE NO.184/22 44. BASAVARAJU S/O. LINGEGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.3852 SHARE NO.5/19 45. SUVARNA N D/O. NARASIMHAJAH C. AGED ABOUT 40 YEARS MEMBERSHIP NO.2326 SHARE NO.98/12 46. PREMA W/O. RACHEGOWDA AGED ABOUT 51 YEARS MEMBERSHIP NO.2035 SHARE NO.8/11 - 9 - NC: 2025:KHC:7070 WP No. 3685 of 2025 47. NINGAMMA W/O. MADAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.2041 SHARE NO.16/11 48. RUDRAMMA W/O. MAHADEVAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.2358 SHARE NO. 130/12 49. SOMANNA K.M. S/O. MADAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO.2939 SHARE NO.57/15 50. SIDDEGOWDA S/O. KENCHEGOWDA AGED ABOUT 44 YEARS MEMBERSHIP NO.2593 SHARE NO.144/13 51. RACHAIAH K. S/O. KULLEGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.2981 SHARE NO.101/15 52. LINGEGOWDA S/O. KULLEGOWDA AGED ABOUT 47 YEARS MEMBERSHIP NO.2998 SHARE NO.118/15 - 10 - NC: 2025:KHC:7070 WP No. 3685 of 2025 53. NAGARAJAPPA B.M. S/O. MAHADEVAPPA K AGED ABOUT 52 YEARS MEMBERSHIP NO.0967 SHARE NO.235/5 54. MALLESH S/O. GURUBASAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.0668 SHARE NO.96/4 55. SHIVARUDREGOWDA S/O. VEEREGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.0762. SHARE NO.208/4 56. JAYASHEELAPPA S/O. CHIKKAVEERAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO.1014 SHARE NO.41/6 57. MANCHEGOWDA S/O. DYAVARASEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.1147 SHARE NO. 195/6 58. MAHADEVASWAMY S/O. NANJAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.1181 SHARE NO.246/6 - 11 - NC: 2025:KHC:7070 WP No. 3685 of 2025 59. KEMPEGOWDA S/O. SIDDEGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.1216 SHARE NO.39/7 60. KEMPEGOWDA S/O. NANJEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO.1219 SHARE NO.42/7 61. NANJEGOWDA @ MARISWAMY S/O. NANJUNDEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO. 1318 SHARE NO.170/7 62. VEERANNA S/O. CHIKKAMARIDEVARU AGED ABOUT 48 YEARS MEMBERSHIP NO. 1366 SHARE NO.233/7 63. KAPANIGOWDA K.N. S/O. NANJUNDEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.1775 SHARE NO.217/9 64. MADEGOWDA S/O. MADEGOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO.1870 SHARE NO.77/10 - 12 - NC: 2025:KHC:7070 WP No. 3685 of 2025 65. MEENAKSHI.B . W/O. MAHADEVAPPA K.M. AGED ABOUT 36 YEARS MEMBERSHIP NO.2148 SHARE NO.142/11 66. MURTHY S/O. MADAPA AGED ABOUT 58 YEARS MEMBERSHIP NO.2286 SHARE NO.54/12 67. KEMPAIAH S/O. DODDAKUNNANA MADAIAH AGED ABOUT 68 YEARS MEMBERSHIP NO.2980 SHARE NO.3/15 68. CHIKKAPUTTEGOWDA K.B. S/O. LATE. BOMMANINGEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.3029 SHARE NO.151/15 69. PUTTASWAMY N S/O. NANJUNDAPPA P AGED ABOUT 58 YEARS MEMBERSHIP NO.3140 SHARE NO.19/16 70. MAHADEVAPPA S/O. MALLAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.3275 SHARE NO.159/16 - 13 - NC: 2025:KHC:7070 WP No. 3685 of 2025 71. NAGANNA S/O. MADEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.3482 SHARE NO.127/17 72. SIDDEGOWDA S S/O. ANGADILINGAMMANA SIDDEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.0523 SHARE NO.165/3 73. CHAMAIAH S/O. CHAMAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.578.7 SHARE NO.82/24 74. MALLAPPA S/O. LATE. NANJAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.5829 SHARE NO.124/24 75. JAGADISH K.M. S/O. MARIMADAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.6268 SHARE NO.81/26 76. SIDDAMMA W/O. SIDDEGOWDA AGED ABOUT 72 YEARS MEMBERSHIP NO.2183 SHARE NO.118/11 - 14 - NC: 2025:KHC:7070 WP No. 3685 of 2025 77. SWAMY. C.S. S/O. SIDDEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.2192 SHARE NO.198/11 78. MALEGOWDA K S/O. KAMEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2694 SHARE NO.4/14 79. LINGEGOWDA S/O. HOTTESIDDEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.3229 SHARE NO.111/16 80. KEMPAMMA C. W/O. SIDDEGOWDA R. AGED ABOUT 55 YEARS MEMBERSHIP NO.3597 SHARE NO.246/17 81. RAMU S/O. SIDDEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.3798 SHARE NO.200/18 82. LINGEGOWDA S/O. LATE. SIDDEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO.6521 SHARE NO.62/27 - 15 - NC: 2025:KHC:7070 WP No. 3685 of 2025 83. KEMPAMMA @ CHIKKATHAYAMMA W/O. SIDDEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.8101 SHARE NO.30/33. ALL THE PETITIONERS ARE THE MEMBERS OF MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., B.G.PURA, 1ST CONSTITUENCY, MALAVALLI, MANDYA DISTRICT- 571401. …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION COMMISSION NGO COLONY, WILSON GARDEN, BENGALURU 560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ALSO THE ELECTION OFFICER MANDYA-571401 4. MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK - 16 - NC: 2025:KHC:7070 WP No. 3685 of 2025 LTD, MALAVALLI, MANDYA DISTRICT-571401 REPRESENTED BY ITS CEO, REGISTERED UNDER SOCIETIES REGISTRATION ACT 1959. 5. RETURNING OFFICER AND E.O OF TALUK PANCHAYAT MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., MALAVALLI, MANDYA DISTRICT-571401 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. D.M. KRISHNA, ADVOCATE FOR R4) 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 THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.02.2025. AS PER 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 - 17 - NC: 2025:KHC:7070 WP No. 3685 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- i. "Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible voter list at Annexure-B and permit the Petitioners to vote in the upcoming elections to Respondent No.4 Society which is scheduled to be held on 10.02.2025 as per Annexure-A. ii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity." 2. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 10.02.2025 subject to final outcome of this petition. 3. Heard Sri Pruthvi Wadeyar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 5, Sri T.L. Kiran Kumar, learned - 18 - NC: 2025:KHC:7070 WP No. 3685 of 2025 counsel for respondent No.2 and Sri D.M. Krishna, learned counsel for respondent No.4. 4. Counsel for the petitioners submits that the election has been held as scheduled on 10.02.2025 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. 6. Learned counsel for respondent No.4-Society on instruction of the secretary of respondent No.4-Socierty, who is also present before the Court fairly submits that the Society has not followed the mandatory requirement of the - 19 - NC: 2025:KHC:7070 WP No. 3685 of 2025 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 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. 1 2022 (4) AKR 775 - 20 - NC: 2025:KHC:7070 WP No. 3685 of 2025 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 10.02.2025. 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 No.4–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 petitioners would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent No.4–Society. 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 No.4-Society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, - 21 - NC: 2025:KHC:7070 WP No. 3685 of 2025 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 AT List No.: 1 Sl No.: 19 CT:SNN