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2025 DAILYLAW 16577 (KAR)

VIJAYALAKSHMI M v. THE STATE OF KARNATAKA

WP/3683/2025 · 2025-02-17

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:7068 WP No. 3683 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. 3683 OF 2025 (CS-EL/M) BETWEEN: 1. VIJAYALAKSHMI M W/O. CHANDRASHEKAR M AGED ABOUT 51 YEARS MEMBERSHIP NO. 1298 SHARE NO.149/7 2. KEMPARAJAMMA W/O. THIMEGOWDA @ SANNAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.3315 SHARE NO.160/17 3. JAYAMMA W/O. NINGAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO.7270 SHARE NO.6/30 4. MALLIKARAJUNAPPA M B S/O. BASAVARAJAPPA M B AGED ABOUT 52 YEARS MEMBERSHIP NO.52 SHARE NO. 164/2 5. SHANKARAPPA M B S/O. BASAVRAJAPPA M B Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7068 WP No. 3683 of 2025 AGED ABOUT 72 YEARS MEMBERSHIP NO.0319 SHARE NO.465/02 6. BASAVARAJAPPA S/O. PUTTABASAPPA @ PUTTABUDHI AGED ABOUT 59 YEARS MEMBERSHIP NO.4069 SHARE NO.233/19 7. SHIVAKUMAR M S, S/O. SHIVAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO.5892 SHARE NO.185/24 8. RAMESH M V S/O. VENKATARAMANAIAH M V AGED ABOUT 58 YEARS MEMBERSHIP NO.0339 SHARE NO. 189/2 9. DEAVARAJ P S/O, PUTTEGOWDA AGED ABOUT 71 YEARS MEMBERSHIP NO.0473 SHARE NO. 107/3 10. DEVAGOWDA S/O. KULLEGOWDA@ APPEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO.0789 SHARE NO.241/4 11. SHIVASWAMY H B - 3 - NC: 2025:KHC:7068 WP No. 3683 of 2025 S/O. BASAVRAJAPPA HP AGED ABOUT 75 YEARS MEMBERSHIP NO.936 SHARE NO. 169/5 12. KEMPAJAMMA W/O. MARIGOWDA M P AGED ABOUT 55 YEARS MEMBERSHIP NO. 1203 SHARE NO.23/007 13. SADAPPA S/O. MARUBASAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO. 1258 SHARE NO.93/7 14. DR. KAPANIGOWDA S/O. THAGDEGOWDA @APPEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO. 1415 SHARE NO.35/08 15. PRAKESH TN S/O. SHREEKANTAIAH TN AGED ABOUT 47 YEARS MEMBERSHIP NO. 1602 SHARE NO.009/9 16. VINODA W/O. MARISWAMY M AGED ABOUT 49 YEARS MEMBERSHIP NO. 1662 SHARE NO.86/9 - 4 - NC: 2025:KHC:7068 WP No. 3683 of 2025 17. ANJANAMMA, W/O. DODDANAGAIAH, AGED ABOUT 69 YEARS MEMBERSHIP NO. 1668 SHARE NO.117/9 18. MARISWAMY S/O. HOMBALEGOWDA AGED ABOUT 63 YEARS MEMBERSHIP NO. 1877 SHARE NO.86/10 19. NARAYANA MK S/O. KRISHNAPPA M V AGED ABOUT 52 YEARS MEMBERSHIP NO.2027 SHARE NO.250/10 20. BASAVARAJEARAS D. S/O. DEAVARAJARS AGED ABOUT 45 YEARS MEMBERSHIP NO.2054 SHARE NO.32/11 21. SAVITHRAMMA D/O. LINGAMMA @ KEVLAPPA AGED ABOUT 60 YEARS' MEMBERSHIP NO.2196 SHARE NO.203/11 22. JAYARAMA S S/O. SHIVALINGAIAH A GED ABOUT 42 YEARS MEMBERSHIP NO.2426. SHARE NO.204/12 - 5 - NC: 2025:KHC:7068 WP No. 3683 of 2025 23. NAGARAJU B S/O. BASAVAIAH GED ABOUT 60 YEARS MEMBERSHIP NO.2479 SHARE NO.13/13 24. SUJAYAMMA W/O. MALLIKARAJUNAPPA AGED ABOUT 64 YEARS MEMBERSHIP NO.2582 SHARE NO. 132/13 25. VENKATESHAIAH M N S/O. SRINIVAMURTHY M AGED ABOUT 72 YEARS MEMBERSHIP NO.2627 SHARE NO.236/13 26. SAIRAMALOKANDE S/O. SHIVAJIRAO HS AGED ABOUT 57 YEARS MEMBERSHIP NO.2725 SHARE NO.38/14 27. ROOPAJADAVA L W/O. SAIRAMALOKANDE AGED ABOUT 46 YEARS MEMBERSHIP NO.2708 SHARE NO.20/14 28. GOWRAMMA W/O. RAJAMALLIAH AGED ABOUT 59 YEARS MEMBERSHIP NO.2725 SHARE NO.65/14 - 6 - NC: 2025:KHC:7068 WP No. 3683 of 2025 29. VISHWANATH DV S/O. VENKATAPPA D V AGED ABOUT 54 YEARS MEMBERSHIP NO.2908 SHARE NO.26/15 30. NAGARAJU B S/O. BETTAGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.3262 SHARE NO. 145/16 31. MAHADEVASWAMY M C S/O. CHIKKAMALLAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.3355 SHARE NO.241/16 32. PAPANNA B S S/O. SHIVALINGEGOWDA B AGED ABOUT 72 YEARS MEMBERSHIP NO.3370 SHARE NO. 10/17 33. HANUMANTHA KUMAR H S/O. HANUMEGOWDA B K AGED ABOUT 47 YEARS MEMBERSHIP NO.3781 SHARE NO.120/18 34. NAGARATHANAMMA W/O. JAVANEGOWDA @ MARIGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.3779 SHARE NO. 181/18 - 7 - NC: 2025:KHC:7068 WP No. 3683 of 2025 35. NATARAJMURTHY S/O. CHIKKAIAH AGED ABOUT 52 YEARS MEMBERSHIP NO.4080 SHARE NO.14/1 36. SHIVANNA S/O. GUTHEDEVAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.4169 SHARE NO. 126/1 37. NAGABUSHAN M S S/O. SHANKARAIAH M AGED ABOUT 60 YEARS MEMBERSHIP NO.4235 SHARE NO.204/1 38. NAGARAJU C S/O. CHIKKANNA AGED ABOUT 70 YEARS MEMBERSHIP NO.4246 SHARE NO.225/1 39. SURESH M S/O. LATE MARIDEVAIAH M AGED ABOUT 68 YEARS MEMBERSHIP NO.4247 SHARE NO.226/1 40. KAMALAMMA W/O. BASAVARAJU AGED ABOUT 49 YEARS. MEMBERSHIP NO.4249 SHARE NO.229/1 41. NELLAMMA W/O. RAMAIAH AGED ABOUT 42 YEARS - 8 - NC: 2025:KHC:7068 WP No. 3683 of 2025 MEMBERSHIP NO.4260 SHARE NO.243/1 42. MAHESH M S/O. CHIKALINGAIAH AGED ABOUT 57 YEARS MEMBERSHIP NO.4511 SHARE NO.94/3 43. MALLESH M S/O. MALLIKARAJUNAPPA K AGED ABOUT 62 YEARS MEMBERSHIP NO.5099 SHARE NO.178/21 44. ENDRA KL S/O. LATE LINGEGOWDA M AGED ABOUT 49 YEARS MEMBERSHIP NO.5356 SHARE NO. 192/22 45. MADESH S/O. MADALAH AGED ABOUT 40 YEARS MEMBERSHIP NO.5685 SHARE NO.240/23 46. THYGARAJPRASAD M K S/O. KALLAIAH B AGED ABOUT 51 YEARS MEMBERSHIP NO.5717 SHARE NO.20/24 47. MAHADEVASWAMY B S S/O. LATE SHIVABASAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.5774 SHARE NO.69/24 - 9 - NC: 2025:KHC:7068 WP No. 3683 of 2025 48. CHANDRASHEKAR S/O. MALLIKARAJUNAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.5871 SHARE NO. 164/24 49. LAKSHAMMA W/O. NANJUNDAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.6964 SHARE NO. 123/4 50. NAGENDRAMURTHY M S S/O. LATE SAHADEVA M C AGED ABOUT 44 YEARS MEMBERSHIP NO.8175 SHARE NO.31/005 51. LINGASWAMY S S/O. LATE SIDDAIAH AGED ABOUT 49 YEARS MEMBERSHIP NO.5721 SHARE NO.236/2 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. - 10 - NC: 2025:KHC:7068 WP No. 3683 of 2025 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 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-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 AND ETC. - 11 - NC: 2025:KHC:7068 WP No. 3683 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA 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 - 12 - NC: 2025:KHC:7068 WP No. 3683 of 2025 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. 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 - 13 - NC: 2025:KHC:7068 WP No. 3683 of 2025 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 - 14 - NC: 2025:KHC:7068 WP No. 3683 of 2025 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 - 15 - NC: 2025:KHC:7068 WP No. 3683 of 2025 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.: 29 CT:SNN