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NC: 2025:KHC:7069 WP No. 3658 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. 3658 OF 2025 (CS-EL/M) BETWEEN:
1. PUTTAIAH B S/O. BAMMEGOWDA AGED ABOUT 51 YEARS MEMBERSHIP NO.2850 SHARE NO.167/14
2. BASAVARAJEARAS L S/O. LINGARAJEARAS AGED ABOUT 58 YEARS, MEMBERSHIP NO.3329 SHARE NO.215/16
3. BASAVARAJU S/O. LINGAIAH MEMBERSHIP NO.0799 AGED ABOUT 69 YEARS MEMBERSHIP NO.0799 SHARE NO.5/5
4. MALLAMMA W/O. HUCHAIAH AGED ABOUT 52 YEARS MEMBERSHIP NO.1776 SHARE NO.218/9
5. NAGABUSHAN CS S/O. SHIVANAGAPPA
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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AGED ABOUT 60 YEARS MEMBERSHIP NO.3315 SHARE NO.201/16
6. NANDINI S, W/O. SUNIL AGED ABOUT 45 YEARS MEMBERSHIP NO.3316 SHARE NO.202/16
7. SHIVANAGAPPA S/O. BASAVRAJAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO.3317 SHARE NO.203/16
8. PUTTABUDHI S/O. BOGAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.3503 SHARE NO.148/17
9. BHAGAMMA W/O. MARISWAMY AGED ABOUT 58 YEARS MEMBERSHIP NO.3967 SHARE NO.124/19
10. RAJESHAKRAIAH C K S/O. LINGAIAH @ KULLAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.5811 SHARE NO.174/24
11. KRISHNA K S/O. KEMPAGOWDA
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AGED ABOUT 65 YEARS MEMBERSHIP NO.6296 SHARE NO.106/26
12. RAMEGOWDA K S/O. KARIGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.2723 SHARE NO.36/14
13. PAPANNA S/O. BOREGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.3362 SHARE NO.2/17
14. PRAKASH K P S/O. PUTTAMADAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.3493 SHARE NO.138/17
15. SHIVAPPA S/O. MARISWAMAPPA AGED ABOUT 47 YEARS MEMBERSHIP NO.3803 SHARE NO.205/18
16. MADEGOWDA S/O. KARIGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.3826 SHARE NO.229/18
17. BOREGOWDA, S/O. MADEGOWDA
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AGED ABOUT 69 YEARS MEMBERSHIP NO.3850 SHARE NO.3/19
18. RAMALINGAIAH K H S/O. HANUMEGOWDA AGED ABOUT 63 YEARS MEMBERSHIP NO.7759 SHARE NO.208/31
19. SHIVALINGAIAH S, S/O. SIDDEGOWDA, AGED ABOUT 52 YEARS MEMBERSHIP NO.1750 SHARE NO.191/9
20. PUTTAIAH K M S/O. MULLAIAH AGED ABOUT 45 YEARS MEMBERSHIP NO.2329 SHARE NO.101/12
21. CHOWDAMMA W/O. BOREGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.1819 SHARE NO.100/10
22. CHIKKANNA S/O. HONEGOWDA @ GUNGREGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.1935 SHARE NO. 146/10
23. NIGAMMA W/O. BOHAMIAMAH
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AGED ABOUT 60 YEARS MEMBERSHIP NO.2057 SHARE NO.35/11
24.
BASAVAIAH S/O. CHOWDEGOWDA @KULLEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2086 SHARE NO.69/11
25. CHOWDEGOWDA S/O. CHOWDAIAH AGED ABOUT 73 YEARS MEMBERSHIP NO.4678 SHARE NO.15/20
26. BHUMEGOWDA S/O. CHOWDAIAH, AGED ABOUT 55 YEARS MEMBERSHIP NO.4679 SHARE NO.16/20
27. NINGAMMA W/O. CHOWDAIAH AGED ABOUT 50 YEARS MEMBERSHIP NO.4680 SHARE NO.17/20
28. PUTASWAMIGOWDA S/O. CHOWDEGOWDA @ PUTTEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1040 SHARE NO.69/6
29. BHUMAIAHA B H S/O. ADIYANACHOWDEGOWDA
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NC: 2025:KHC:7069 WP No. 3658 of 2025
AGED ABOUT 54 YEARS MEMBERSHIP NO.1761 SHARE NO.202/9
30. SAROJAMMA W/O. RAMMANA J D AGED ABOUT 54 YEARS MEMBERSHIP NO. 1327 SHARE NO.183/7
31. CHIKKAMMA W/O. NANJEGOWDA D N AGED ABOUT 55 YEARS MEMBERSHIP NO.0368 SHARE NO.232/2
32. MARISWAMY D N S/O. HANUMEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.0496 SHARE NO. 132/3
33. SIDDAIAH @ KARIYAPPA S/O. CHANIGOWDA, AGED ABOUT 50 YEARS MEMBERSHIP NO.0822 SHARE NO.34/5
34. SIDDEGWODA D J S/O. JAVARAEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.1114 SHARE NO.155/6
35. NIGAMMA W/O. MANCHEGOWDA
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AGED ABOUT 52 YEARS MEMBERSHIP NO.1186 SHARE NO.3/7
36. KARISWAMY S/O. LINGAIAG @ KARIAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.1257 SHARE NO.92/7
37. NANJUNDEGOWDA S/O. NANAJAPPA K M AGED ABOUT 60 YEARS MEMBERSHIP NO.1387 SHARE NO.4/8
38. CHIKKANNA D N S/O. MARIGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO.1778 SHARE NO.220/9
39. CHIKKAMADAPPA S/O. CHIKKAMADAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO. 1967 SHARE NO.178/10
40. BOREGOWDA S/O. SIDDEGOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.2185 SHARE NO.191/11
41. MAHADEVAPPA
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S/O. CHANAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.2733 SHARE NO.46/14
42. SUNDARANGA S/O.SIDDEGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.3227 SHARE NO.109/16
43. PRABHUSWAMY D M S/O. MANCHAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.3230 SHARE NO.206/16
44. BOREGOWDA S/O. SIDDEGOWDA @ MOSEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.3391 SHARE NO.31/17
45. ERANNA S/O. SUBAIAH AGED ABOUT 45 YEARS MEMBERSHIP NO.3681 SHARE NO.83/18
46.
KAMALAMMA W/O. MADEGOWDA M AGED ABOUT 50 YEARS MEMBERSHIP NO.3849 SHARE NO.2/19
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47. MAHDEVAMMA W/O. SHIVANNA, AGED ABOUT 58 YEARS MEMBERSHIP NO.4622 SHARE NO.225/3
48. NAGESH DM S/O. MUNISWAMY D M AGED ABOUT 56 YEARS MEMBERSHIP NO.5734 SHARE NO.35/24
49. NAGARATHANAMMA W/O. CHIKKAMADAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.6259 SHARE NO.72/26
50. NINGAIAH S/O. LATE MADAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.7885 SHARE NO.79/32
51. CHIKKAMMA S/O. LATE LINGAIAH @VARAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.8573 SHARE NO.79/5
52. VENKATEGOWDA @ PAPANNA S/O. VENKATEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.1696 SHARE NO. 127/9
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53. MAHADEVU M S/O. MAYEGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.3231 SHARE NO.113/16
54. SHANTHU S/O. VEERANGOWDA D C AGED ABOUT 55 YEARS MEMBERSHIP NO.3237 SHARE NO.119/16
55. HANUMEGOWDA S/O. DEVAGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.1982 SHARE NO. 196/10
56. PUTTASWAMY HV S/O. HANUMEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.2296 SHARE NO.66/12
57. HANUMAIAH S/O. HANUMEGOWDA @DEVARGUDDAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.2325 SHARE NO.97/12
58. NINGAIAH S/O. DAVEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.5769 SHARE NO.64/24
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59. BOREGOWDA S/O. LATE S VEERAGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.7765 SHARE NO.214/31
60. RENUKAARDHY S/O. NANJUNDAARDHY AGED ABOUT 65 YEARS MEMBERSHIP NO.0899 SHARE NO.124/5
61. LINGADEVARU S/O. KANCHAPPA, AGED ABOUT 60 YEARS MEMBERSHIP NO.4781 SHARE NO.119/20
62. MAHADEVSWAMY V L S/O. LINGAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.5360 SHARE NO. 196/22
63. CHOWDEGOWDA S/O. DADDACHOWDWGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.0431 SHARE NO.58/3
64. UJJINIGOWDA S/O. CHIKKACHOWDEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.1260 SHARE NO.95/7
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NC: 2025:KHC:7069 WP No. 3658 of 2025
65. INDRAMMA Y D W/O. NANAJEGOWDA AGED ABOUT 53 YEARS MEMBERSHIP NO.8320 SHARE NO.227/33
66. CHOWDAIAH S/O. CHIKKASHETTY AGED ABOUT 62 YEARS MEMBERSHIP NO.1173 SHARE NO.234/6
67.
BASAVARAJU H V S/O. VEERAPPA H AGED ABOUT 57 YEARS MEMBERSHIP NO.2652 SHARE NO.210/13
68. NAGARAJU H V S/O. VENKETEGOWDA @ CHIKKAHADAGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.0880 SHARE NO.102/5
69. MUDDEGOWDA H V S/O. VENKATEGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO. 1997 SHARE NO.213/10
70. SRINIVAS H V S/O. T VENKATAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO.6502 SHARE NO.45/27
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71. ARKESHA S/O. MARISWAMY AGED ABOUT 53 YEARS MEMBERSHIP NO.8148 SHARE NO.72/33
72. KEMPANNA S/O. BADERAHMANAKEMPAGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO. 1386 SHARE NO.3/8
73. KEMPEGOWDA S/O. KEMPEGOWDA @ CHIKEGOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO.1722 SHARE NO.158/9
74. MAHDESWAMY K M S/O. KULLAGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO. 1811 SHARE NO.13/10
75. MARISWAMY S/O. PUTTEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.3261 SHARE NO.143/16
76. ANANDA M N S/O. NANJEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.3255 SHARE NO.137/16
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77. CHIKKANNA S/O. SODDALINGEGOWDA AGED ABOUT 63 YEARS MEMBERSHIP NO.0453 SHARE NO.84/3
78. HANUMAIAH D S/O. DOLLAGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.0526 SHARE NO.168/3
79. DRAKSHYANI B W/O. BALASUBARMANYUM T S AGED ABOUT 58 YEARS MEMBERSHIP NO.2429 SHARE NO.207/12
80. RAMALINGAIAH S/O BOREGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.3213 SHARE NO.95/16
81. LALATHAMMA N S/O. LINGEGOWDA @ MALEGOWDA MEMBERSHIP NO.3214 SHARE NO.96/16
82. SUJATHA W/O. NATARAJU S AGED ABOUT 48 YEARS MEMBERSHIP NO.2146 SHARE NO.140/11
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83. SANNEGOWDA S/O. CHIKKA HOBEGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.9527 SHARE NO.198/38
ALL THE PETITIONERS ARE THE MEMBERS OF MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, MALAVALLI, MANDYA DISTRICT-571 401 …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-571 401. 4. MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 REPRESENTED BY ITS CEO. - 16 -
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REGISTERED UNDER SOCIETIES REGISTRATION ACT
1956. 5. RETURNING OFFICER AND E.O OF TALUK PANCHAYAT MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571 401 …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
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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 counsel for respondent No.2 and Sri D.M. Krishna, learned counsel for respondent No.4.
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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 aforementioned rules and cast votes of the petitioners to
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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.
ii. The Returning Officer to count the votes, including the votes cast by petitioners and
1 2022 (4) AKR 775
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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, on the final outcome of the election results
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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.: 18 CT:SNN