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High Court of Karnataka · body

2025 DAILYLAW 16581 (KAR)

N G SHRIKANTHAPPA v. THE STATE OF KARNATAKA

WP/3656/2025 · 2025-02-13

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6681 WP No. 3656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3656 OF 2025 (CS-EL/M) BETWEEN: 1. N G SHRIKANTHAPPA S/O. MALLAPPA, AGED ABOUT 52 YEARS. R/A CHILURU VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 2. RAJAPPA D G S/O BASAPPA AGED ABOUT 67 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 3. HALESHAPPA S/O H VEERAPPA AGED ABOUT 75 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223 4. RUDRAPPA K S/O BASAPPA AGED ABOUT 60 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 5. BASAVANAGOUDA S/O HANUMANTHAPPA H B Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6681 WP No. 3656 of 2025 AGED ABOUT 60 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 6. SURESH H B S/O HANUMANTHAPPA HB AGED ABOUT 55 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT-577223 7. PARAMESHWARAPPA D S S/O SHIVABASAPPA AGED ABOUT 65 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 8. MAHESHWARAPPA D N S/O BASAPPA AGED ABOUT 55 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 9. D N RAVIKUMAR S/O CHANDRAPPA AGED ABOUT 50 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 10. GANGAMMA W/O BASAVARAJAPPA D A AGED ABOUT 60 YEARS, R/A DODDERI VILLAGE, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 11. CHANDRASHEKHARAPPA S/O MALLAPPA AGED ABOUT 43 YEARS, - 3 - NC: 2025:KHC:6681 WP No. 3656 of 2025 R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 12. NAGARAJAPPA S/O MALLAPPA AGED ABOUT 54 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223 13. GANESH K M S/O MALLAPPA AGED ABOUT 40 YEARS R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 14. KAMALAMMA W/O CHANDRASHEKHARAPPA AGED ABOUT 55 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 15. MADHU G S/O CHANDRASHEKHARAPPA AGED ABOUT 40 YEARS R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 16. H BASAVARAJAPPA S/O HALAPPA AGED ABOUT 60 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 17. SUVARNA W/O BASAVARAJAPPA AGED ABOUT 65 YEARS, R/A CHILURU, - 4 - NC: 2025:KHC:6681 WP No. 3656 of 2025 NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 18. HALAPPA S/O RUDRAPPA AGED ABOUT 65 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 19. MURUGENDRAPPA K R S/O RANGAPPA V H AGED ABOUT 60 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 20. GANGAMMA W/O. NIJALINGAPPA AGED ABOUT 65 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 21. TIRUKAMMA W/O MELAPPA AGED ABOUT 60 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 22. SHIVALINGAPPA S/O BASAPPA AGED ABOUT 65 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 23. GANGADHARA K G S/O GANESH K AGED ABOUT 48 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 24. JAGADEESH K S S/O SHIVARUDRAPPA - 5 - NC: 2025:KHC:6681 WP No. 3656 of 2025 AGED ABOUT 48 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 25. MAHESH K S S/O SHIVARUDRAPPA AGED ABOUT 48 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 26. JAYAPRAKASH S/O SHIVARUDRAPPA AGED ABOUT 46 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 27. RANGAPPA S/O NINGAPPA AGED ABOUT 60 YEARS. R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT 577223. 28. MANJUNATHA GR S/O G RUDRAPPA AGED ABOUT 55 YEARS. R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 29. SHABBER AHAMED S/O MAKABUL SAB AGED ABOUT 50 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 30. SOMASHEKHARAPPA D G S/O BASAPPA AGED ABOUT 65 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 31. RAMESH GS S/O SHEKHARAPPA - 6 - NC: 2025:KHC:6681 WP No. 3656 of 2025 AGED ABOUT 45 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 32. LOKESH SP S/O PARAMESHWARAPPA AGED ABOUT 63 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 33. GIRISH D N S/O CHANDRAPPA D N AGED ABOUT 52 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT-577223 34. KANTHAPPA P N S/O NAGESHAPPA AGED ABOUT 45 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 35. JAGADISH G S S/O SHIVANANDAPPA AGED ABOUT 52 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 36. RAJANI D N W/O GANGADHARA G AGED ABOUT 40 YEARS, R/A CHILURU, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 37. SANTHOSH KUMAR H S/O HALESHAPPA H AGED ABOUT 43 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. - 7 - NC: 2025:KHC:6681 WP No. 3656 of 2025 38. KARIBASAPPA D B S/O BENAKAPPA AGED ABOUT 55 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 39. NIJAM BHASHA S/O MAJEED SAB AGED ABOUT 43 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 40. PARAMESHAPPA K S S/O BASAPPA R/A DODDERI, NYAMATHI TALUK AGED ABOUT 68 YEARS, DAVANAGERE DISTRICT- 577223. 41. SANDEEP KS S/O SHIVALINGAPPA AGED ABOUT 38 YEARS. R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223 42. MANJAPPA GH S/O HALAPPAGOUDA AGED ABOUT 60 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223 43. RENUKAPPA S/O SHANTHAVEERAPPA AGED ABOUT 53 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT-577223 44. KP HALESH S/O RENUKAPPA AGED ABOUT 45 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. - 8 - NC: 2025:KHC:6681 WP No. 3656 of 2025 45. SUMA K W/O PARAMESHWARAPPA AGED ABOUT 55 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 46. SHAILENDRAKUMAR PATIL S/O PARAMESHWARAPPA AGED ABOUT 30 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 47. KARIBASAVARAJ S R S/O RUDRAPPA AGED ABOUT 55 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 48. LALITHA W/O KARIBASAVARAJ S R AGED ABOUT 45 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 49. DADAPEER S/O MAJEED SAB AGED ABOUT 40 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 50. RAVI K N S/O NAGARAJAPPA K P AGED ABOUT 40 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 51. AKSHATHA K J D/O JAYADEVAPPA AGED ABOUT 32 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. - 9 - NC: 2025:KHC:6681 WP No. 3656 of 2025 52. ARPITHA K J W/O JAYADEVAPPA AGED ABOUT 31 YEARS, R/A CHILUR, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 53. UJJANI MATH S S S/O SHIVANANDAIAH AGED ABOUT 42 YEARS, R/A DODDERI, NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. …PETITIONERS (BY SRI. CHANDRASHEKAR G M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR TTMC KHB ROAD BENGALURU-560002 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HONNALI AND NYAMATHI, HONNALI, DAVANAGERE-577217. 4. THE SECRETARY, SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI, DAVANAGERE DISTRICT-577217. 5. RETURNING OFFICER, SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI, DAVANAGERE DISTRICT-577217 REGISTERED UNDER CO-OPERATIVE SOCIETY ACT. …RESPONDENTS - 10 - NC: 2025:KHC:6681 WP No. 3656 of 2025 (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R5 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTTUTON OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONCLUDE THE PROCESSES AS REQUIRED UNDER RULE 13D OF THE KARANTAKA CO OPERATIVE SOCIETIES RULES AND TO CONDUCT ELECTIONS IN ACCORDANCE WITH THE SECTION 20(2) (A-IV)(A-V) INCLUDING NAME OF THE PETITIONER. DIRECT THE R2,R3,R4 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTER LIST AND CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959 AND ITS RULES, 1960. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners files a memo for withdrawal, which reads as under: “ The above named petitioner submits as follows: It is submitted that in the light of the interim order dated 07.02.02025 of this Hon’ble Court all the petitioners have casted their votes, which was scheduled on 08.02.2025 and subsequent to the election, the petitioners does not seek for further orders and hence the petition got infructuous and hence this Hon’ble Court may kindly dismiss the present petition as withdrawn, in the interest of justice and equity. Hence, the memo.” - 11 - NC: 2025:KHC:6681 WP No. 3656 of 2025 In view of the memo filed, the petition is dismissed as withdrawn. Sd/- ____________________ JUSTICE K.S. HEMALEKHA YKL List No.: 2 Sl No.: 35