Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7057 WP No. 3660 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. 3660 OF 2025 (CS-EL/M) BETWEEN:
1. SIDDEGOWDA S/O TIBBE GOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.1988 SHARE NO.204/10
2. JUNJE GOWDA S/O MALLE GOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.4762 SHARE NO.100/20
3. ERRE GOWDA S/O KEMPAIAH @ PIYA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.6090 SHARE NO.180/25
4. MADE GOWDA S/O JAVARY HANUMEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.8694 SHARE NO.6035
5. DEVEGOWDA D S/O KALEGOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.1993 SHARE NO.209/10
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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6. SUNDARESH K S/O TIBBEGOWDA @ KRISHNAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.2007 SHARE NO.224/10
7. DEVEGOWDA S/O MADEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.2017 SHARE NO.234/10
8. SIDDEGOWDA S/O DANINAKUNNADYAVEGOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.2102 SHARE NO.88/11
9. KRISHNAMURTHY S/O NANJAMMA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.2380 SHARE NO.156/2
10. PRADEEP A.T.
S/O TIBBEGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.5375 SHARE NO.211/22
11. BORAMMA D/O DEVAMMA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.5394 SHARE NO.230/22
12. NAGEGOWDA T S/O TIBBEGOWDA @ KONDEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.422 SHARE NO.70/3
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13. NANJAMMA D/O BORAMMA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.5394 SHARE NO.232/22
14. J TIPPEGOWDA S/O LATE JAVARAYGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.6631 SHARE NO.170/27
15. NINGAMMA D/O PUTTEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.7743 SHARE NO.249/29
16. SHAMBULINGAPPA S/O LINGAPPA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.1174 SHARE NO.250/6
17. GAJENDRASWAMY S/O SHAMBULINGAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.3365 SHARE NO.5/17
18. MAHADEVAMMA W/O MUDDAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.3859 SHARE NO.12/19
19. BASAVANNA J S/O LINGARAJAPPA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.15350 SHARE NO.176/22
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20. JAVAREEGOWDA S/O LINGEGEGOWDA @ KALEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.617 SHARE NO.32/4
21. EERAGOWDA S/O DODDAMARIGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.3221 SHARE NO.103/16
22. GOWRAMMA W/O LATE JAVARI, AGED ABOUT 56 YEARS, MEMBERSHIP NO.4651 SHARE NO.237/19
23. CHINNASWAMY T B S/O LATE BOREGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.5185 SHARE NO.15/22
24. SHIVAMMA W/O CHANNEGOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.5275 SHARE NO.167/22
25.
MARISWAMY S/O SHIVAKUMAR, AGED ABOUT 65 YEARS, MEMBERSHIP NO.5331 SHARE NO.167/22
26. DHARMALINGA O.M.
S/O MARILINGAIAH, AGED ABOUT 55 YEARS, MEMBERSHIP NO.1970 SHARE NO.182/10
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27. MUDDAPPA S/O LINGAPPA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.1054 SHARE NO.83/6
28. SIDDALINGAPPA G.L.
S/O LINGAPPA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.1158 SHARE NO. 212/6
29. BHARATHI W/O. SRIKANTH SWAMY AGED ABOUT 54 YEARS MEMBERSHIP NO.3206 SHARE NO.88/16
30. SRIKANTASWAMY S/O. RUDRA SHIVANNA AGED ABOUT 54 YEARS MEMBERSHIP NO.3207 SHARE NO.89/16
31. KRISHNEGOWDA S/O. SANNAMADAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.3295 SHARE NO.180/16
32. RAGHU R.G S/O. GOVINDAIAH T AGED ABOUT 65 YEARS MEMBERSHIP NO.3483 SHARE NO.128/17
33. NANJEGOWDA S/O. NANJAIAH AGED ABOUT 50 YEARS MEMBERSHIP NO.3631 SHARE NO.31/18
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34. MARIMADAIAH S/O. VEERUMKEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.3662 SHARE NO.64/18
35. RAJU N.B S/O. NANJUNDAIAH D AGED ABOUT 52 YEARS MEMBERSHIP NO.4132 SHARE NO.82/1
36. NAGRATHNAMMA W/O. NANJAIAH J AGED ABOUT 62 YEARS MEMBERSHIP NO.4156 SHARE NO.111/1
37. KENDAIAH R.N S/O. GANTECHIKKAIANAHNAJAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.4567 SHARE NO.166/3
38. SUJATHA B W/O. MAHADEVAIAH AGED ABOUT 68 YEARS MEMBERSHIP NO.8729 SHARE NO.89/35
39. TIMMEGOWDA H S/O. HONNAGIRIGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.19 SHARE NO.32/1
40. BASAVARAJU K.L S/O. LINGEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.554 SHARE NO.206/3
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41. TIMMEGOWDA S/O.MUTTEGOWDA @ VENKATAGIRIGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.2883 SHARE NO.200/14
42. SURESH S/O.HONNAGIRIGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.2766 SHARE NO.79/14
43. SHIVARAM M S/O. MADAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.3350 SHARE NO.236/16
44. LAKSHMAMMA W/O. MADEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.2963 SHARE NO.82/15
45. ASHWATH S/O. KEMPEGOWDA R.K AGED ABOUT 45 YEARS MEMBERSHIP NO.1548 SHARE NO.188/8
46. MAHDEVAPPA S/O. MADAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.1563 SHARE NO.205/8
47. SIDDAIAH S/O. CHIKKAVAN AGED ABOUT 58 YEARS MEMBERSHIP NO.1763 SHARE NO.204/9
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48.
RAVI R.V S/O. RAMEGOWDA R.V AGED ABOUT 56 YEARS MEMBERSHIP NO.1826 SHARE NO.30/10
49. RAVI R.P S/O. RAMEGOWDA R.P AGED ABOUT 57 YEARS MEMBERSHIP NO.2315 SHARE NO.86/12
50. SIDDAMMA W/O. CHIKKAVAN AGED ABOUT 55 YEARS MEMBERSHIP NO.2756 SHARE NO.69/14
51. VISHAKANATAIAH S/O. CHIKKAVAN AGED ABOUT 60 YEARS MEMBERSHIP NO.2757 SHARE NO.70/14
52. RAJASHEKAR S/O. NAGANNA AGED ABOUT 58 YEARS MEMBERSHIP NO.2777 SHARE NO.90/14
53. NANJUDAIAH R.N S/O. NANJEGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.2780 SHARE NO.95/14
54. PUTTASWAMY W/O. PUTTABASAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.2902 SHARE NO.24/15
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55. SOMANNA L S/O. LINGEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2999 SHARE NO.119/15
56. RAVISHANKAR R.L S/O. LINGAIAH C AGED ABOUT 65 YEARS MEMBERSHIP NO.5470 SHARE NO.33/23
57. BHAGYALAKSHMI S.M W/O. RAVISHANKAR R.L AGED ABOUT 55 YEARS MEMBERSHIP NO.5772 SHARE NO.67/24
58. LINGAIAH C S/O. SUBBAIAH AGED ABOUT 52 YEARS MEMBERSHIP NO.5773 SHARE NO.68/24
59. NANJUDEGOWDA S/O. SIDEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.1551 SHARE NO.198/8
60. NAGEGOWDA S/O. LATE HANUME GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.7650 SHARE NO.99/31
61. KENCHEGOWDA S/O. BASAVEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.452 SHARE NO.83/3
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62. CHIKKATAYAMMA W/O. MADAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.2277 SHARE NO45/12
63. CHANNAMMA @ HOTTAMMA W/O. KENCHHE GOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.2586 SHARE NO.137/13
64. NAGESH N S/O. NINGE GOWDA K AGED ABOUT 65 YEARS MEMBERSHIP NO.2797 SHARE NO.112/14
65. SIDDEGOWDA S/O. ERANKKE GOWDA @ BUJJEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.3453 SHARE NO.96/17
66. MAHADEVU S/O. MAHADAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.3904 SHARE NO.58/19
67. SANNEGOWDA S/O. KENCHHE GOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.8333 SHARE NO.238/33
68. LINGAMMA W/O. LINGGE GOWDA @ CHIKKANNA AGED ABOUT 65 YEARS MEMBERSHIP NO.865 SHARE NO.85/5
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69. BORAIAH M S/O. MANDEGOWDANASIDDIAH AGED ABOUT 72 YEARS MEMBERSHIP NO.3960 SHARE NO.49/16
70.
SHIVANNA S/O. NANJEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.8061 SHARE NO.240/32
71. LINGAMMA W/O. SHIVANNA, AGED ABOUT 57 YEARS MEMBERSHIP NO.8062 SHARE NO.241/32
72. LINGAMMA W/O. HANUME GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.2581 SHARE NO.130/13
73. RAMAKRISHNEGOWDA S/O. KENCHHE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.6953 SHARE NO.245/28
74. CHELAVARAJU S/O. CHELUVE GOWDA AGED ABOUT 49 YEARS MEMBERSHIP NO.265 SHARE NO.101/2
75. SUBBANNA C S/O. CHANNAVEERAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO.916 SHARE NO.144/5
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76. DEVAMMA W/O. JAVARI GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.1154 SHARE NO.207/6
77. RAJASHEKAR K S/O. KEMPEGOWDA R.K AGED ABOUT 71 YEARS MEMBERSHIP NO.1266 SHARE NO.101/7
78. NAGAIAH S/O. NANJUNDAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.1272 SHARE NO.109/7
79. JAYARAMU S/O. KEMPE GOWDA R.K AGED ABOUT 65 YEARS MEMBERSHIP NO.1342 SHARE NO.203/7
80. NINGAMMA W/OTAMME GOWDA, AGED ABOUT 67 YEARS MEMBERSHIP NO.1439 SHARE NO.66/8
81. DORESWAMYGOWDA R.L S/O. NINGEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.3550 SHARE NO.197/17
82. MARISWAMY S/O. JABALI LINGAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO.3632 SHARE NO.34/18
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83. HALIGEGOWDA S/O. DODDAHAIDEGOWDA AGED ABOUT 46 YEARS MEMBERSHIP NO.815 SHARE NO.26/5
84. SRINIVAS S/O. VENKATE GOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.2960 SHARE NO.78/15
85. DASABOI S/O. THIMMA BHOVI AGED ABOUT 65 YEARS MEMBERSHIP NO.127 SHARE NO.169/1
86. NAGARATHANAMMA W/O. NINGAIAH AGED ABOUT 47 YEARS MEMBERSHIP NO.1144 SHARE NO.192/6
87. NINGAIAH S/O. MULLE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.2924 SHARE NO.42/15
88. SHIVARUDRAPPA H.V S/O. VEEREGOWDA D.H AGED ABOUT 53 YEARS MEMBERSHIP NO.952 SHARE NO.190/5
89. RAJU S/O. KEMPEGOWDA, AGED ABOUT 65 YEARS MEMBERSHIP NO.1494 SHARE NO.123/8
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90. NANJUDEGOWDA @ MARIGOWDA S/O. SIDDEGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.2453 SHARE NO.235/12
91. NAGARAJU C S/O. CHOWDEGOWDA AGED ABOUT 67 YEARS MEMBERSHIP NO.3412 SHARE NO.53/17
92.
SURESH K S/O. KEMPE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.4042 SHARE NO.203/19
93. GOWRAMMA W/O. KEMPEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.5345 SHARE NO.181/22
94. PUTTASWAMY S/O. CHOWDEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.5431 SHARE NO.249/22
95. KEMPEGOWDA S/O. BASAVEGOWDANA PUTTEGOWDA AGED ABOUT 71 YEARS MEMBERSHIP NO.5837 SHARE NO.131/24
96. PUTTEGOWDA S/O.CHOWDAIAH AGED ABOUT 76 YEARS MEMBERSHIP NO.7017 SHARE NO.25/29
97. LAKSHMAMMA W/O. MADEGOWDA AGED ABOUT 65 YEARS
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MEMBERSHIP NO.2963 SHARE NO.82/15
98. DYAVARSEGOWDA @ SWAMY S/O. TAMMEGOWDA, AGED ABOUT 54 YEARS MEMBERSHIP NO.3321 SHARE NO.207/16
99. NANJEGOWDA S/O. LATE NANJE GOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.5818 SHARE NO.113/24
100. RAVISHANKAR R.M S/O. MARIMADAIAH R.V AGED ABOUT 51 YEARS MEMBERSHIP NO.1353 SHARE NO.216/7
101. MULLEGOWDA S/O. BULLEGOWDA AGED ABOUT 78 YEARS MEMBERSHIP NO.6292 SHARE NO.103/26
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
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2. THE CO-OPERATIVE ELECTION COMMISSION NGO COLONY, WILSON GARDEN, BENGALURU 560 027 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 - 571 401, REPRESENTED BY ITS CEO REGISTERED UNDER SOCIETIES REGISTRATION ACT, 1956. 5. RETURNING OFFICER & 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 AND 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 RESPONDENT 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 THE R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.02.2025 AS PER ANNX-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
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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 fairly submits that the Society has not followed the mandatory requirement of the aforementioned rules and
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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.
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.: 2 Sl No.: 26 CT: BHK