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High Court of Karnataka · body

2025 DAILYLAW 17023 (KAR)

SRI. NARAYANAMM v. THE STATE OF KARNATAKA

WP/4248/2025 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4248 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 3363 OF 2025 (CS-EL/M) WRIT PETITION NO. 4278 OF 2025 (CS-EL/M) WRIT PETITION NO. 4452 OF 2025 (CS-EL/M) WRIT PETITION NO. 4458 OF 2025 (CS-EL/M) IN WP No. 4248/2025 BETWEEN: SRI. NARAYANAMM C/O. T. V. JAYARAM, AGED ABOUT 54 YEARS, MEMBER OF TALUK PRIMARY CO-OP. AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., DODDABALLAPURA, BANGALORE RURAL DISTRICT-561 203, MEMBERSHIP NO. 11940. …PETITIONER (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 3RD FLOOR, SHANTHINAGAR, T.T.M.C. A BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU-560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. 4. THE RETURNING OFFICER DODDABALLAPURA TALUK PRIMARY CO-OP AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., DODDABALLAPURA, BANGALORE RURAL DISTRICT-561 203. 5. DODDABALLAPURA TALUK PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. DODDABALLAPURA, BANGALORE RURAL DISTRICT-561 203. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER CO-OP SOCIETIES ACT) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE, DECLARING THE ACT OF RESPONDENTS CATEGORIZING THE PETITIONER UNDER NON-BORROWER CATEGORY TO R-5 ELECTIONS 2025-2030 ERRONEOUSLY AS PER ANNX-B IS ARBITRARY AND ILLEGAL AND ETC. IN WP NO. 3363/2025 BETWEEN: NARASIMHA MURTHY G S/O GUNDAPPA AGED ABOUT 78 YEARS, SHARE NO.4771 BORROWER CATEGORY - 3 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS HOSAHALLI CONSTITUENCY MEMBER OF TALUK PRIMARY CO-OP AGRICULTURE AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA, BANGALORE RURAL DISTRICT 561203 ...PETITIONER (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING, BENGALURU 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY. 3RD FLOOR, SHANTHINAGAR, T.T.M.C 'A' BLOCK, K. H. ROAD, SHANTHINAGAR, BENGALURU 560027. REPT BY ITS COMMISSIONER/CHAIRMAN 3. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES/ ELECTION OFFICER, DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110. 4. THE RETURNING OFFICER, DODDABALLAPURA TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD DODABALLAPURA, BANGALORE RURAL DISTRICT-561203 5. DODDABALLAPURA TALUK PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD DODABALLAPURA, BANGALORE RURAL DISTRICT-561203 REPT. BY ITS CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER CO OP SOCIETIES ACT) ...RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1,R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R5-SERVED) - 4 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRITE NATURE, DECLAREING THE ACT OF RESPONDENTS CATEGORIZING THE PETITIONER AS IN-ELIGIBLE VOTERS UNDER BORROWERS CATEGORY TO 5TH RESPONDENT ELECTIONS 2025-2030 WITHOUT FOLLOWING MANDATE OF RULE 13-D-2(A) OF KARNATAKA CO-OPERATIVE SOCIETIES RULES 1960 AS PER ANNEXURE-C, IS ARBITRARY AND ILLEGAL AND ETC. IN WP NO. 4278/2025 BETWEEN: 1. SRI SIDDAPPA S/O NARAYANAPPA AGED 47 YEARS MEMBERSHIP NO.1979 2. NARASIMHA MURTHY M S/O MUNISHAMAIAH AGED 75 YEARS MEMBERSHIP NO. 1672 3. SAVITHA C/O JAYARAM M V AGED 53 YEARS MEMBERSHIP NO2433 4. MUNINANJAPPA S/O BYRANNA AGED 80 YEARS MEMBERSHIP NO.5277 5. RAJANNA M S/O MUNISHAMAPPA AGED 65 YEARS MEMBERSHIP NO.5278 6. KRISHNAPPA M V S/O MARANNA AGED 71 YEARS MEMBERSHIP NO.5647 - 5 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 7. ASHWATHAMMA S/O GANGADHARA R AGED 62 YEARS MEMBERSHIP NO1663 8. MANJUNATH S/O HANUMANTHARAYAPPA AGED 44 YEARS MEMBERSHIP NO 9957 9. GOVINDARAJU N V S/O VEERABHADRAIAH N B AGED74YEARS MEMBERSHIP NO 1177 10. BACHAPPA S B S/O BHYRANNA AGED 77 YEARS MEMBERSHIP NO 1853 11. BASAVARAJAPPA S/O CHANNABASAPPA AGED 81 YEARS MEMBERSHIP NO 7447 12. GOAPALAKRISHNA H M S/O MUNISWAMAPPA AGED 82 YEARS MEMBERSHIP NO 1333 13. RAMAKRISHNAPPA R S/O RANGAPPA B AGED 66 YEARS MEMBERSHIP NO 6714 14. RUDHREGOWDA M S/O MATTURAYYA AGED 81 YEARS MEMBERSHIP NO 356 15. ANANDAMMA K D/O VENKATASWAMY GOWDA H AGED 70 YEARS MEMBERSHIP NO.2437 - 6 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 16. VENKATASWAMY GOWDA H S/O HANUMANTHARAYAPPA AGED 85 YEARS MEMBERSHIP NO.3705 17. VENKATASWAMY K S/O KRISHNAPPA L AGED 63 YEARS MEMBERSHIP NO 7183 18. BHEEMARAYAPPA S/O HANUMANTHARAYAPPA AGED 73 YEARS MEMBERSHIP NO.4045 19. HANUMANTHARAYAPPA S/O PUTTAYYA AGED 77 YEARS MEMBERSHIP NO 243 20. VENKATESHAPPA S/O THIMMEGOWDA AGED 78 YEARS MEMBERSHIP NO.2172 21. VENKATAGOWDA B R S/O RAMAKRISHNAPPA AGED 66 YEARS MEMBERSHIP NO.10167 22. KRISHNAPPA N C S/O CHIKKANNA AGED 68 YEARS MEMBERSHIP NO.237 23. RAMANJANEYA R S/O RAMAYYA AGED 58 YEARS MEMBERSHIP NO.1970 24. GANGADHARAYYA S/O GOAPALAPPA AGED 65 YEARS MEMBERSHIP NO.11364 - 7 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 25. CHANNAKRISHANAYYA S/O CHIKANNA AGED 91 YEARS MEMBERSHIP NO.644 26. MUKUNDAMURTHY C S/O CHENNAKRISHNAIAH AGED 51 YEARS MEMBERSHIP NO.10244 27. SHANKAR NAYAK S/O RAMA NAYAK AGED 58 YEARS MEMBERSHIP NO.1112 28. MUTHURAJU S/O CHIKKAMUTHHAYYA AGED 50 YEARS MEMBERSHIP NO.10299 29. KEMPEGOWDA H S S/O SIDAPPA AGED 65 YEARS MEMBERSHIP NO.4941 30. R BYREGOWDA S/O RAMAYYA AGED 66 YEARS MEMBERSHIP NO.11791 31. GOWDAPPA S/O HANUMMANTHARAPPA AGED 73 YEARS MEMBERSHIP NO.5287 32. CHENNEGOWDA S/O MUNICHENAPPA AGED 72 YEARS MEMBERSHIP NO.5549 33. CHANDRASHEKAR V R S/O RAMEGOWDA B M AGED 67 YEARS MEMBERSHIP NO.79 - 8 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 34. VISHWANATH M S/O MUTTHEGOWDA B AGED 75 YEARS MEMBERSHIP NO.5760 35. PARTHASARATHY A S/O ASHWATHNARAYANA GOWDA B AGED 63 YEARS MEMBERSHIP NO.7824 36. GANGADHAR V P S/O PUTTAGANGAPPA AGED 50 YEARS MEMBERSHIP NO.7974 37. MANJUNATH S/O RAJANNA R AGED ABOUT 44 YEARS, MEMBERSHIP NO.9475 38. RAMAMURTHY T M S/O MUNISHAMAIAH V AGED 76 YEARS MEMBERSHIP NO.1862 39. NARAYANAGOWDA K S/O KENCHEGOWDA AGED 47 YEARS MEMBERSHIP NO.9431 40. BHAGYAMMA W/O BHEEMARAYAPPA AGED 69 YEARS MEMBERSHIP NO.7170 41. KRISHNAPPA M S/O MOPARAPPA AGED 71 YEARS MEMBERSHIP NO.411 42. HANUMEGOWDA S/O RUDHRAPPA AGED 80 YEARS MEMBERSHIP NO.560 - 9 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 43. NARAYANAPPA S/O HANUMANTHARAYAPPA AGED 62 YEARS MEMBERSHIP NO.1896 44. LAKSHAMMA W/O SANJEEVARAYAPPA AGED 58 YEARS MEMBERSHIP NO.2014 45. NARASIMHAIAH G S/O GUTAPPA AGED 78 YEARS MEMBERSHIP NO.5147 46. GOPALACHAR S/O SANJEEVAIAH AGED 58 YEARS MEMBERSHIP NO.6175 47. NEELAKANTAIAH S/O ANNEGOWDA AGED 65 YEARS MEMBERSHIP NO.1033 48. BACCHEGOWDA A B S/O ANANDAPPA AGED 86 YEARS MEMBERSHIP NO.3055 49. CHENNARAMAIAH S/O ANNEGOWDA AGED 75 YEARS MEMBERSHIP NO.3936 50. RAJANNA S/O GOWDAIAH AGED 78 YEARS MEMBERSHIP NO.5374 51. CHANDRASHEKARAIAH S/O PILAPPA AGED 58 YEARS MEMBERSHIP NO.2158 - 10 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 52. JANAKIBAI D/O HUSYANAYAK AGED 85 YEARS MEMBERSHIP NO.5123 53. KRISHNA NAYAK S/O GOVINDANAYAK AGED 80 YEARS MEMBERSHIP NO.5301 54. GOPIBAI W/O VENKATANAYAK AGED 71 YEARS MEMBERSHIP NO.5303 55. RAMESH B R S/O RAMAKRISHNAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO. 9749 PETITIONERS 1 TO 55 ARE MEMBERS OF TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203 (HANABE CONSTIUENCY, BORROWER CATEGORY) 56. K.SREERAMAREDDY S/O KRISHNAMURTHY AGED 58 YEARS MEMBERSHIP NO.1400 57. CHIKKARANGAYYA S/O MUTTHARAYAPPA AGED 80 YEARS MEMBERSHIP NO.1317 58. RAMAKRISHNAPPA S/O MUNIYAPPA AGED 67 YEARS MEMBERSHIP NO.913 - 11 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 59. RANGAPPA S/O MUDAYAYA AGED 78 YEARS MEMBERSHIP NO.1250 60. SIDDALINGAIAH P.T. S/O THIPAIAH AGED 65 YEARS MEMBERSHIP NO.9680 61. MYLAMMA R. W/O SIDDALINGAIAH P.T. AGED 57 YEARS MEMBERSHIP NO.9681 62. PUTTAIAH S/O NARASIMHAMURTI AGED 60 YEARS MEMBERSHIP NO.6821 63. CHIKKAKADARAPPA S/O NARASIMHAIAH AGED 71 YEARS MEMBERSHIP NO.1286 64. SUBBARAYAPPA S/O RANJAPPA AGED 55 YEARS MEMBERSHIP NO.1278 65. MALLAPPA S/O MUTHEGOWDA AGED 58 YEARS MEMBERSHIP NO.4854 66. GOVINDARAJU S/O GUNDAPPA AGED 60 YEARS MEMBERSHIP NO.1717 67. THIMMAIAH S/O CHALUVAYYA AGED 80 YEARS MEMBERSHIP NO.727 - 12 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 68. THIMMAKKA W/O VEERAPPA AGED 74 YEARS MEMBERSHIP NO.6016 69. CHANDRASHEKHARAYYA S/O MUNISHAMAIAH AGED 61 YEARS MEMBERSHIP NO.7437 70. SIDDARAJU S/O CHIKKATHIMMAYYA AGED 58 YEARS MEMBERSHIP NO.1063 71. NARASEGOWDA B N S/O NARASIMHAYYA AGED 68 YEARS MEMBERSHIP NO.5372 72. CHIKKANARASAPPA S/O NARASIMHAYYA AGED 76 YEARS MEMBERSHIP NO. 73. BAILAPPA S/O DALAPPA AGED 76 YEARS MEMBERSHIP NO 2189 74. CHIKKANARASAPPA S/O CHIKKAVEERATHIPPAIAH AGE 64 YEARS MEMBERSHIP NO 2248 75. LAKSHMINARASIMAIAH S/O NARASIMHAIAH AGED 77 YEARS MEMBERSHIP NO 3229 76. MANJUNATHA C. S/O CHIKKATHIMMAIAH AGED 40 YEARS MEMBERSHIP NO10290 - 13 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 77. NARASAPPA S/O NARASIMHAIAH AGED 89 YEARS MEMBERSHIP NO.753 78. SARVAMANGALA W/O PUTTASHANKARAIAH AGED 55 YEARS MEMBERSHIP NO.2423 79. SHASHIDHARA H. S/O HIRYANNA AGED 50 YEARS MEMBERSHIP NO.8879 80. PUSHPALATHA D/O SHIVAKUMAR AGED 48 YEARS MEMBERSHIP NO.2424 81. PUTTASHANKARAIAH S/O LATE HARIYANNA AGED 59 YEARS MEMBERSHIP NO.1949 82. PRABHU S/O LATE HARIYANNA AGED 52 YEARS MEMBERSHIP NO.2425 83. VEERATHIPPAIAH K.M. S/O MUNISHAMAPPA AGED 64 YEARS MEMBERSHIP NO.2135 PETITIONERS 56 TO 83 ARE MEMBERS OF TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203 (HOSAHALLI CONSTITUENCY, BORROWER CATEGORY) ...PETITIONERS (BY SRI. ASWATHNARAYAN KUMAR H S.,ADVOCATE) - 14 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AND: 1. THE STATE OF KARNATAKA BY THE DEPT. OF CO-OPERATION, M.S.BUILDING, BANGALORE-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. CO-OPERATIVE ELECTION COMMISSIONER, CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BANGALORE-560 027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ ELECTION OFFICER, DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562110. 4. RETURNING OFFICER TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA (TALUK PRATHAMIKASAHAKARA KRISHI AND GRAMEENAABIVIRDHI BANK LTD. DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203. 5. TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA (TALUK PRATHAMIKASAHAKARA KRISHI AND GRAMEENA ABIVIRDHI BANK LTD. DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203 BY ITS CHIEF EXECUTIVE OFFICER (REGISTRED UNDER CO-OPERATIVE SOCITIES ACT) ...RESPONDENTS 6. SHANTHAMMA W/O REVANNA AGED ABOUT 65 YEARS R A/T NO.11 RANGANATHASWAMY TEMPLE, - 15 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS MARALENAHALLI, BENGALURU RURAL-561203. ...IMPLEADING APPLICANT (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R5-SERVED; SRI. ARUN KUMAR Y.H., ADVOCATE FOR IMLEADING APPLICANT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRITE WRIT OR DIRECTIONS THE RESPONDENTS TO PERMIT THE PETITIONER TO PARTICIPATE AND VOTE IN THE ENSUING ELECTIONS TO THE R-5 CO OPERATIVE SOCIETY SCHEDULED ON 16.02.2025 FOR TERM 2025-2030 UNDER BORROWERS CATEGORY AS PER CALENDAR OF EVENTS DTD. 28.01.2025 VIDE ANNX-A AND ETC. IN WP NO. 4452/2025 BETWEEN: 1. MUNIVENKATAPPA S/O LATE MUNISHAMAPPA AGED 72 YEARS MEMBERSHIP NO. 4716 2. NARAYANAPPA S/O MUDDAPPA AGED 77 YEARS MEMBERSHIP NO. 238 3. CHANNAKRISHNAMMA C/O HANUMANTHARAYAPPA AGED 65 YEARS MEMBERSHIP NO.9456 4. HANUMANTHARAYAPPA S/O CHENNARAYAPPA AGED 92 YEARS MEMBERSHIP NO. 2004 5. PAPANNA KV S/O VEERANNA - 16 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 68 YEARS MEMBERSHIP NO.639 6. KAMALAMMA W/O RAJASHEKARAIAH S N AGED 80 YEARS MEMBERSHIP NO. 1655 7. JAYAMMA W/O RAMAMURTHY A AGED 67 YEARS MEMBERSHIP NO. 781 8. DODDANANJUNDAPPA S/O GAADINANJAPPA AGED 78 YEARS MEMBERSHIP NO.871 9. LAKSHMANA S/O MUNIYAPPA AGED 54 YEARS MEMBERSHIP NO. 7328 10. SADASHIVAIAH N S/O NANJAPPA AGED 77 YEARS MEMBERSHIP NO. 1213 11. PRAKASH NA S/O APPAJAPPA AGED 46 YEARS MEMBERSHIP NO. 9434 12. UMAMAHESHWARI H S W/O SRIKANTAMURTHY H AGED 62 YEARS MEMBERSHIP NO. 1525 13. SRIKANTAMURTHY H S/O HSR GUPTA AGED 66 YEARS MEMBERSHIP NO. 7361 14. JAYARAMAIAH V S/O VENKATAPPA K T - 17 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 50 YEARS MEMBERSHIP NO.9443 15. ANJINAMMA W/O THIMMARAJU KT AGED 53 YEARS MEMBERSHIP NO. 10236 16. PUSHPALATHA K S W/O MUNIRAJAPPA C AGED 47 YEARS MEMBERSHIP NO.9647 17. PUTTAVEERAPPA S/O KURILINGAPPA AGED 64 YEARS MEMBERSHIP NO. 1913 18. MAHESH K N S/O NANJUNDAPPA AGED 46 YEARS MEMBERSHIP NO. 2223 19. MUNIKRISHNAPPA S/O THAMMAIAH @ NANJUNDAPPA AGED 62 YEARS MEMBERSHIP NO. 8708 20. KRISHNAPPA K P S/O PATELAPPA AGED 80 YEARS MEMBERSHIP NO8709 21. RAJAMMA W/O MUNIKRISHNAYYA AGED 62 YEARS MEMBERSHIP NO. 10137 22. SIDDAGANGAMMA M W/O HONNAGANGAPPA AGED 53 YEARS MEMBERSHIP NO. 1473 23. MUTHURAYAPPA S/O MUTHANNA - 18 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 83 YEARS MEMBERSHIP NO. 1834 24. GANGADHARASWAMY S/O SHANTHAPPA AGED 67 YEARS MEMBERSHIP NO9653 25. SUMA W/O GANGADHARASWAMY AGED 53 YEARS MEMBERSHIP NO 9654 26. THIPANNA K S S/O SHIVANNA T AGED 68 YEARS MEMBERSHIP NO 1327 27. PILLANNA S/O GEDDAMALLAYYA AGED 75 YEARS MEMBERSHIP NO 6376 28. HR MRUTHYUNJAYA S/O RAMADASAPPA H AGED 79 YEARS MEMBERSHIP NO 4596 29. MADEGOWDA C S/O CHIKKANANJAPPA AGED 76 YEARS MEMBERSHIP NO728 30. RUDHRAPPA S/O MARANNA AGED 80 YEARS MEMBERSHIP NO1361 31. RAMAPPA M S/O MUNIYANNA AGED 80 YEARS MEMBERSHIP NO9404 32. MITHUN M S/O MOHAN M - 19 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 38 YEARS MEMBERSHIP NO.9415 33. MUNIRAJU K H S/O HANUMANTHARAYAPPA AGED 50 YEARS MEMBERSHIP NO.1512 34. NANJEGOWDA S/O BHYLAPPA AGED 47 YEARS MEMBERSHIP NO1513 35. CHIKKAMASTHIYAPPA D S/O DODDAYYA AGED 66 YEARS MEMBERSHIP NO. 4638 36. VEERANNA S/O CHANAPPA AGED 73 YEARS MEMBERSHIP NO 4853 37. GANAGAPPA S/O KAPANIYAPPA AGED 58 YEARS MEMBERSHIP NO. 7370 38. KEMPAIAH K B S/O BACHANNA AGED 81 YEARS MEMBERSHIP NO.9642 39. VEERANNA B S/O BHYREGOWDA AGED 72 YEARS MEMBERSHIP NO. 2421 40. KRUSHNAMMA W/O THIMMEGOWDA A G AGED 85 YEARS MEMBERSHIP NO. 7880 41. NARAYANASWAMY N S/O NANJEGOWDA - 20 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 76 YEARS MEMBERSHIP NO. 518 42. MUNIYAPPA S/O DODDASUBBAYYA AGED 78 YEARS MEMBERSHIP NO.4831 43. CHIKKAHANUMANNA S/O NANJUNDAPPA AGED 69 YEARS MEMBERSHIP NO. 4957 44. VENKATAMMA W/O LAKSHMAYYA B M AGED 79 YEARS MEMBERSHIP NO. 10140 45. HANUMAIAH S/O DODDAIAH AGED 75 YEARS MEMBERSHIP NO. 1131 46. HANUMANTHARAYAPPA S/O CHIKKANANJAPPA AGED 60 YEARS MEMBERSHIP NO. 1388 47. SHIVAKUMAR T V S/O VEERABHADRAPPA AGED 67 YEARS MEMBERSHIP NO.6796 48. CHENNAKESHAVAPPA S/O ARALUMALLIGAPPA AGED 64 YEARS MEMBERSHIP NO.850 49. GOVINDARAJU N S/O NANJANNA AGED 75 YEARS MEMBERSHIP NO.5500 50. LAKSHMINARAYANA H R S/O RAJENDRA H M - 21 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 54 YEARS MEMBERSHIP NO. 1204 51. KRISHNAPPA N S/O NANJEGOWDA AGED 72 YEARS MEMBERSHIP NO. 1245 52. SUBBALAKSHMI H R W/O NANJEGOWDA H AGED 58 YEARS MEMBERSHIP NO. 1259 53. KRISHNAPPA S S/O SONNEGOWDA AGED 58 YEARS MEMBERSHIP NO. 1377 54. KRISHNAPPA H V S/O VENKATASWAMAPPA AGED 62 YEARS MEMBERSHIP NO. 1466 55. HANUMEGOWDA H N S/O NARAYANAPPA H C AGED 65 YEARS MEMBERSHIP NO. 1798 56. SAROJAMMA W/O KRISHNAPPA H V AGED 56 YEARS MEMBERSHIP NO. 7239 57. JAGADEESH M W/O MUNIYAPPA AGED 62 YEARS MEMBERSHIP NO.8701 58. ARAVIND NR S/O RAMAIAH N C AGED 43 YEARS MEMBERSHIP NO. 10293 59. NANDINI K W/O ARAVIND N R - 22 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 36 YEARS MEMBERSHIP NO. 10294 60. SRINIVAS S/O HANUMAPPA AGED 68 YEARS MEMBERSHIP NO. 7057 61. CHIKKANNA S/O GOPANNA AGED 87 YEARS MEMBERSHIP NO.9422 62. CHANNEGOWDA S/O SAMPANGAPPA AGED 56 YEARS MEMBERSHIP NO. 1387 63. NAGARAJAPPA S/O THIMMAPPA AGED 77 YEARS MEMBERSHIP NO.744 64. SADASHIVALAH M C S/O CHIKKAPAPANNA AGED 77 YEARS MEMBERSHIP NO3422 65. DAKSHINAMURTHY S S/O SIVANNA J M AGED 55 YEARS MEMBERSHIP NO.1005 66. BASAVARAJU N C S/O CHIKKAMALLAIAH AGED 73 YEARS MEMBERSHIP NO. 7226 67. DODDAVEERANNA K B S/O BACHANNA AGED 78 YEARS MEMBERSHIP NO.8875 68. CHANDRASHEKAR M S/O MALLAYA - 23 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS AGED 60 YEARS MEMBERSHIP NO 1117 ALL ARE MEMBERS OF TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA, (KODIGEHALLI CONSTITUENCY, CATEGORY BORROWER) ...PETITIONERS (BY SRI. ASWATHNARAYAN KUMAR H S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE DEPT. OF CO-OPERATION, M.S.BUILDING, BANGALORE-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BANGALORE-560027. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER, DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110. 4. RETURNING OFFICER TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA TALUK PRATHAMIKA SAHAKARA KRISHI AND GRAMEENA ABIVIRDHI BANK LTD. DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203 5. TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA TALUK PRATHAMIKA SAHAKARA KRISHI AND GRAMEENA ABIVIRDHI BANK LTD. DODDABALLAPURA, - 24 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS BENGALURU RURAL DISTRICT-561203 BY ITS CHIEF EXECUTIVE OFFICER ...RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1,R3 & R4; SRI. T.L. KIRAN KUMAR.,ADVOCATE FOR R2; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTIONS DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER TO PARTICIPATE AND VOTE IN THE ENSUING ELECTIONS TO THE R5 CO OPERATIVE SOCIETY SCHEDULED ON 16/02/2025 FOR TERM 2025-2030 UNDER BORROWERS CATEGORY AS PER CALENDAR OF EVENTS DATED 28/01/2025, VIDE ANNEXURE-A AND ETC. IN WP NO. 4458/2025 BETWEEN: B R ASHWATHANARAYANA GOWDA S/O RUDRAPPA AGED ABOUT 60 YEARS MEMBER OF TALUK PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA BANGALORE RURAL DISTRICT 561203 MEMBERSHIP NO 6949 ...PETITIONER (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTEMENT OF CO OPERATION MS BUILDING BENGALURU 560001 2. THE CO-OPERATIVE ELECTION AUHORITY 3RD FLOOR, SHANTINAGAR TTMC A BLOCK, K H ROAD SHANTHINAGAR BENGALURU 560027 - 25 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES/ ELECTION OFFICER DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562110 4. THE RETURNING OFFICER DODDABALLAPURA TALUK PRIMARY CO OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA BANGALORE RURAL DISTRICT 561203 5. DODDABALLPURA TALUK PRIMARY CO OPEATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD DODDABALLAPURA BAGNALORE RURAL DISTRICT 561203 REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT) ...RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRITE WRIT NATURE, DECLARING THE ACT OF RESPONDENTS EXCLUDING THE PETITIONER TO R5 ELECTIONS 2025-2030 ERRONEOUSLY AS PER ANNEXURE-B, IS ARBITRARY AND ILLEGAL AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 26 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes. 2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the 1 W.P.No.8502/2022 dated 7.6.2022 - 27 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. 4. In that view of the matter, I pass the following: ORDER i. The Writ Petitions are disposed of. ii. The Returning Officer in each of the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters. iii. In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative - 28 - NC: 2025:KHC:14641 WP No. 4248 of 2025 C/W WP No. 3363 of 2025 WP No. 4278 of 2025 AND 2 OTHERS Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv. The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 95