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High Court of Karnataka · body

2025 DAILYLAW 17108 (KAR)

B S SHIVANNA v. THE STATE OF KARNATAKA

WP/4264/2025 · 2025-02-28

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8925 WP No. 4264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4264 OF 2025 (CS-EL/M) BETWEEN: 1. B S SHIVANNA S/O KARIAPPA AGED ABOUT 44 YEARS SHRE NO.06/126. 2. DINESHA R S/O LATE. K B RAJU AGED ABOUT 40 YEARS SAHRE NO. 05/161/ 3. AVINASH RAO K G S/O LATE. GOPAL RAO AGED ABOUT 41 YEARS SHARE NO.06/056 4. K P MOHAN KUMAR S/O K PAPANNA AGED ABOUT 38 YEARS SHARE NO. 05/186 5. R N CHANDREGOWDA S/O NARASEGOWDA AGED ABOUT 55 YEARS SHARE NO.02/201 6. P N RAGHAVENDRA S/O NARAYANAPPA P D AGED ABOUT 41 YEARS SHARE NO.06/036 7. RAJESHWARI H R W/O H B SRIDHAR AGED ABOUT 45 YEARS SHARE NO.06/037 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8925 WP No. 4264 of 2025 8. N A ASHOKA S/O ADANIGOWDA AGED ABOUT 45 YEARS SHARE NO.08/172 9. KUMAR C S/O CHELUVA NAYAK AGED ABOUT 38 YEARS SHARE NO.09/009 10. N K MAHENDRA S/O SOMAPPA AGED ABOUT 39 YEARS SHARE NO. 08/164 11. SHIVAKUMAR K C S/O CHELUVARAJ AGED ABOUT 47 YEARS SHARE NO. 08/185 12. GANESH R S/O RAJAPPA AGED ABOUT 35 YEARS SHARE NO.08/200 13. HARISH H A S/O RAMEGOWDA AGED ABOUT 39 YEARS SHARE NO.09/057 14. R CHANDRA S/O RAMU AGED ABOUT 42 YEARS SHARE NO. 10/018 15. BASKAR K J S/O JAVARASHETTY AGED ABOUT 47 YEARS SHARE NO.12/084 16. SAYAD KHUDHRATH ULLA S/O REHMATHULLA AGED ABOUT 42 YEARS SHARE NO.12/116 - 3 - NC: 2025:KHC:8925 WP No. 4264 of 2025 17. LOKESH H R S/O RANGASWAMY AGED ABOUT 40 YEARS SHARE NO.12/156 18. RAVIKUMAR GL S/O LAKKEGOWDA AGED ABOUT 39 YEARS SHARE NO.12/143 19. SWAMY S S/O CHIKKAIAH AGED ABOUT 40 YEARS SHARE NO.12/171 20. NATARAJ K S/O KALEGOWDA AGED ABOUT 45 YEARS SHARE NO. 13/182 21. DHIVAKAR S/O MAHADEVA AGED ABOUT 46 YEARS SHARE NO. 13/139 22. SIDHU B S W/O KIRAN KUMAR AGED ABOUT 35 YEARS SHARE NO.14/057 23. SIDDARAJU S/O DEVAIAH AGED ABOUT 50 YEARS SHARE NO.14/258 24. RAVICHANDRA B N S/O NINGAPPA AGED ABOUT 51 YEARS SHARE NO. 14/060 25. DEVARAJ K S/O JAYARAM AGED ABOUT 40 YEARS SHARE NO. 14/068 - 4 - NC: 2025:KHC:8925 WP No. 4264 of 2025 26. SATISH S/O VEERABHADRA SHETTY AGED ABOUT 42 YEARS SHARE NO.14/074 27. R H SURENDRA S/O PUTTASWAMY AGED ABOUT 47 YEARS SHARE NO.14/080 28. SHANKARANAG S/O THIPPANNA AGED ABOUT 46 YEARS SHARE NO.14/107 29. THAMMEGOWDA S/O CHIKKANNEGOWDA AGED ABOUT 40 YEARS SHARE NO.14/125 30. ZAKIR HUSSEIN MULLA S/O MADAR SAB AGED ABOUT 54 YEARS SHARE NO.14/132 31. SHEKAR S/O BORAIAH AGED ABOUT 51 YEARS SHARE NO.14/134 32. SANGAPPA KYADAGUPPA S/O LATE. BHEEMAPPA AGED ABOUT 38 YEARS SHARE NO. 14/135 33. ASHOK S/O NAGARAJ AGED ABOUT 39 YEARS SHARE NO.15/033 34. NAGARAJ N S/O NAGEGOWDA AGED ABOUT 39 YEARS SHARE NO. 15/069 - 5 - NC: 2025:KHC:8925 WP No. 4264 of 2025 35. CHANDRAHASA B S/O VBOMMARAYI AGED ABOUT 42 YEARS SHARE NO.15/091 36. GOPI JADAV S/O M R JADAVA AGED ABOUT 51 YEARS SHARE NO.15/110 37. SHEKAR GOWDA S/O AMAREGOWDA AGED ABOUT 51 YEARS SHARE NO.15/121 38. VIJAYA DAVADATE S/O BALBIM DAVADATE AGED ABOUT 41 YEARS SHARE NO. 15/122 39. MADEVA S/O LATE. CHIKKAIAH AGED ABOUT 47 YEARS SHARE NO.15/141 40. KEMPARAJU N S/O NANJUNDASWAMY AGED ABOUT 40 YEARS SHARE NO.15/148 41. LANCY FARNADIS S/O JB FARNANDIS AGED ABOUT 58 YEARS SHARE NO.01/011 42. K R SATISH S/O RAJEGOWDA AGED ABOUT 40 YEARS SHARE NO.02/047 43. N P SHIVAKUMAR S/O PUTTANNAIAH AGED ABOUT 55 YEARS SHARE NO.03/096 - 6 - NC: 2025:KHC:8925 WP No. 4264 of 2025 44. CHIKKAIAH S/O LATE. PYARAIAH AGED ABOUT 57 YEARS SHARE NO.03/130 45. JAGADEESH H S/O NARASEGOWDA AGED ABOUT 35 YEARS SHARE NO.04/050 46. MAHADEVA S/O BOREGOWDA AGED ABOUT 34 YEARS SHARE NO. 04/102 47. R NARAYAN S/O S M RAMANNA AGED ABOUT 54 YEARS SHARE NO.05/007 48. M V PANINDRANATH S/O VENKATANARASAIAH AGED ABOUT 58 YEARS SHARE NO.05/045 49. AKBAR PASHA S/O GAIPHEER AGED ABOUT 59 YEARS SHARE NO.05/096 50. FAYAZ S/O LATE. SAYAD GAYAZUDDIN AGED ABOUT 57 YEARS SHARE NO.05/099 51. UMESH S/O ANANDAPPA AGED ABOUT 55 YEARS SHARE NO.05/099 52. DEVARAJU S/O LATE. NAGARAJA NAYAKA AGED ABOUT 41 YEARS SHARE NO.05/115 - 7 - NC: 2025:KHC:8925 WP No. 4264 of 2025 53. MAHESHWARI W/O GIRISH AGED ABOUT 40 YEARS SHARE NO.05/136 54. B B SHEKAR S/O BEEREGOWDA AGED ABOUT 40 YEARS SHARE NO.05/138 55. CHIDAMBAR S /O LATE. GOVINDAIAH C AGED ABOUT 41 YEARS SHARE NO.05/158 56. BASAVARAJ S/O KEMPAIAH AGED ABOUT 35 YEARS SHARE NO.05/199 57. LINGAPPA K K S/O KALEGOWDA AGED ABOUT 42 YEARS SHARE NO.06/011 58. RAGHAVENDRA S/O NINGEGOWDA AGED ABOUT 30 YEARS SHARE NO.06/033 59. SRISHAIL KUMBAR S/O SHIVAYOGAPPA KUMBAR AGED ABOUT 42 YEARS SHARE NO.06/054 60. BASAPPA S/ O NAGAPPA AGED ABOUT 42 YEARS SHARE NO 06/076 61. R NAVEEN S/O RAVI AGED ABOUT 40 YEARS SHARE NO.06/103 - 8 - NC: 2025:KHC:8925 WP No. 4264 of 2025 62. N VASANTH KUMAR S/O NAGARAJU AGED ABOUT 45 YEARS SHARE NO.06/108 63. K K PRANESH S/O LATE. KRISHNEGOWDA AGED ABOUT 43 YEARS SHARE NO.06/109 64. K P RAVIKUMAR S/O PAPEGOWDA AGED ABOUT 45 YEARS SHARE NO.06/131 65. S S PRABAKAR S/O SHIVALINGAPPA AGED ABOUT 49 YEARS SHARE NO.06/135 66. MAHANTAPPA A T S/O AMARAPPA AGED ABOUT 45 YEARS SHARE NO.06/139 67. SRIDHAR C K S/O C KUMAR AGED ABOUT 55 YEARS SHARE NO.06/182 68. ESHWAR CHANDRA A M S/O MALLEGOWDA AGED ABOUT 39 YEARS SHARE NO.06/194 69. ASHOK N S/O NAGEGOWDA AGED ABOUT 34 YEARS SHARE NO. 07/137 70. T R YOGESH S/O THIPPAIAH AGED ABOUT 41 YEARS SHARE NO.08/016 - 9 - NC: 2025:KHC:8925 WP No. 4264 of 2025 71. CHANDRA B K KALEGOWDA S/O KALEGOWDA AGED ABOUT 44 YEARS SHARE NO.08/086 72. R KUMAR S/O RAMASHETTY AGED ABOUT 49 YEARS SHARE NO.08/138 73. SURESH C BAILWAD S/O SIDDAPPA AGED ABOUT 40 YEARS SHARE NO.08/198 74. MAHADEVA L B S/O BASAPPA AGED ABOUT 45 YEARS SHARE NO. 11/001 75. BEEREGOWDA S/O LATE. KALEGOWDA AGED ABOUT 35 YEARS SHARE NO.11/088 76. PARAMESH S S/O SUBRAMANYA AGED ABOUT 45 YEARS SHARE NO. 10/137 77. SATHISHA M B S/O BOOMAIAH AGED ABOUT 42 YEARS SHARE NO. 08/178 78. MAHADEVAYYA P S/O PAPAIAH AGED ABOUT 50 YEARS SHARE NO.07/157 79. LOHITHA K S S/O LATE SUBBEGOWDA AGED ABOUT 42 YEARS - 10 - NC: 2025:KHC:8925 WP No. 4264 of 2025 SHARE NO.08/064 80. MALLESHA M B S/O LATE BASAPPA AGED ABOUT 44 YEARS SHARE NO.07/141 81. KUMARA C S/O DODDAJAVARAIAH AGED ABOUT 49 YEARS SHARE NO.11/044 82. SHIVAPPA N S S/O SUNDRAIAH AGED ABOUT 42 YEARS SHARE NO.09/122 83. SHIVARAMU S/O CHIKKATHAMMAIAH AGED ABOUT 58 YEARS SHARE NO.09/025 84. PRAVEENA K P S/O PRAKASH K M AGED ABOUT 39 YEARS SHARE NO.09/021 85. PRADEEP S S/O SRINIVAS CN AGED ABOUT 37 YEARS SHARE NO.11/148 86. ASHOKA S/O LATE. JAVARANAYAKA AGED ABOUT 42 YEARS SHARE NO.05/018 87. LOKESHA A S/O ANNAYYA SHETTY AGED ABOUT 43 YEARS SHARE NO.07/152 88. CHALUVARAJU S/O RAMASHETTY - 11 - NC: 2025:KHC:8925 WP No. 4264 of 2025 AGED ABOUT 50 YEARS SHARE NO.06/132 89. BASAVARAJU K S S/O KP SIDDAPPA AGED ABOUT 39 YEARS SHARE NO.07/090 90. KRISHNA MURTHY H P S/O PUTTAIAH AGED ABOUT 41 YEARS SHARE NO.07/161 91. NAGESH K S/O SHIVAPPA AGED ABOUT 41 YEARS SHARE NO.09/195 92. MANOJ KUMAR S/O LATE. VENKATASWAMY AGED ABOUT 38 YEARS SHARE NO. 10/012 93. TAMMAYYA SHETTY H S S/O SHANKAR SHETTY AGED ABOUT 47 YEARS SHARE NO.10/029 94. MAHENDRA N S/O NARASA NAYAKA AGED ABOUT 42 YEARS SHARE NO.11/058 95. GOKUL A S/O AMASEGOWDA AGED ABOUT 34 YEARS SHARE NO.11/104 96. DHARMARAJU K S/O KALEGOWDA AGED ABOUT 40 YEARS SHARE NO.11/118 . - 12 - NC: 2025:KHC:8925 WP No. 4264 of 2025 97. GEETHA B W/O VEKATESH J AGED ABOUT 40 YEARS SHARE NO.13/074 98. VARASINGAYYA D S/O LATE. DODDAAIAH AGED ABOUT 43 YEARS SHARE NO.13/146 99. MANJEGOWDA S/O. LAKKEGOWDA AGED ABOUT 39 YEARS SHARE NO.13/126 100. SURESH N D S/O. LATE. DEVAIAH AGED ABOUT 40 YEARS SHARE NO.14/021 101. AKSHAYA G L S/O LATE. LINGARAJEGOWDA AGED ABOUT 40 YEARS SHARE NO.14/180 102. PARAMESHA S/O BETTEGOWDA AGED ABOUT 54 YEARS SHARE NO.15/144 103. JAYANNA S/O DYAVAIAH AGED ABOUT 48 YEARS SHARE NO.05/183 104. NINGARAJ S/O NINGEGOWDA AGED ABOUT 37 YEARS SHARE NO.11/060 105. MAREGOWDA TR S/O RAMEGOWDA AGED ABOUT 53 YEARS SHARE NO.12/183 - 13 - NC: 2025:KHC:8925 WP No. 4264 of 2025 106. DINESH S S/O LATE. MADEGOWDA AGED ABOUT 35 YEARS SHARE NO.11/059 107. SHIVARAJU K S/O RAMAIAH AGED ABOUT 40 YEARS SHARE NO.11/055 108. GANGAMMA W/O CHETHAN AGED ABOUT 37 YEARS SHARE NO.11/133 109. MANJULAMMA W/O KESHAVA AGED ABOUT 53 YEARS SHARE NO.05/037 110. NANDHA KUMAR H R S/O. RANGASWAMY AGED ABOUT 38 YEARS SHARE NO.09/033 111. THANVEER SHARIFF S/O ATTHA ULLA AGED ABOUT 43 YEARS SHARE NO.15/097 112. SOWMYA D/O LATE. JAVARAIAH AGED ABOUT 33 YEARS SHARE NO.15/085 113. HUCHIAHA S/O RANGAYYA AGED ABOUT 43 YEARS SHARE NO. 15/137 114. MURUGA S S/O SUBRAMANNAYYA AGED ABOUT 54 YEARS SHARE NO.15/086 - 14 - NC: 2025:KHC:8925 WP No. 4264 of 2025 115. BASAVARAJ S/O THIMMAIAH AGED ABOUT 45 YEARS SHARE NO.12/097 116. RAVINDRANATH B S S/O SOMANATH AGED ABOUT 47 YEARS SHARE NO.15/136 117. MANUKUMAR K C S/O CHANNEGOWDA AGED ABOUT 38 YEARS SHARE NO.15/096 118. RAVI C S/O CHANNEGOWDA AGED ABOUT 50 YEARS SHARE NO. 15/124 119. SOMESHA D S/O DEVAIAH AGED ABOUT 51 YEARS SHARE NO.15/129 120. MAHESH HUGAR S/O SUBHASH HUGAR AGED ABOUT 38 YEARS SHARE NO.15/101 121. LOKESH D R S/O RAJAPPA AGED ABOUT 39 YEARS SHARE NO. 15/092 122. HARISHA H M S/O MADEVAIAH AGED ABOUT 39 YEARS SHARE NO. 15/126 123. NANJESHGOWDA S/O RANGEGOWDA AGED ABOUT 39 YEARS SHARE NO.13/031 - 15 - NC: 2025:KHC:8925 WP No. 4264 of 2025 124. RAVIKUMAR DODDAMETI S/O SURESH BABU AGED ABOUT 37 YEARS SHARE NO.12/102 125. SATHISHA K S S/O SOMAPPA AGED ABOUT 34 YEARS SHARE NO.15/128 126. MAHESHA K S/O KALEGOWDA AGED ABOUT 44 YEARS SHARE NO.15/089 127. LOHITHA K R S/O RANGEGOWDA AGED ABOUT 41 YEARS SHARE NO.15/127 128. LOHITH KUMAR S/O. MANJESGOWDA AGED ABOUT 37 YEARS SHARE NO.15/129 129. SUNIL Y S S/O SUNDAR Y C AGED ABOUT 37 YEARS SHARE NO.11/076 130. HARISH S P S/O SB PRAKASH AGED ABOUT 40 YEARS SHARE NO.11/063 131. BEEREGOWDA M K S/O LATE. KALEGOWDA AGED ABOUT 36 YEARS SHARE NO.11/077 132. PUNEETH NR S/O RAJEGOWDA AGED ABOUT 37 YEARS SHARE NO.11/168 - 16 - NC: 2025:KHC:8925 WP No. 4264 of 2025 133. CHANDRASHEKAR S/O LATE. RAVIKUMAR AGED ABOUT 34 YEARS SHARE NO.12/073 134. PRABAKAR G. N S/O NAGARAJASHETTY AGED ABOUT 35 YEARS SHARE NO.11/105 135. ARUN KUMAR S/O BETTAIAH AGED ABOUT 37 YEARS SHARE NO.11/136 136. KENDAGANARADHYA S/O ESHWARARADHYA AGED ABOUT 40 YEARS SHARE NO.11/135 137. CHAITRA T M W/O HEMANTH KUMAR H M AGED ABOUT 30 YEARS SHARE NO.11/134 138. PUTTARAJ B J S/O BOREGOWDA AGED ABOUT 30 YEARS SHARE NO.11/193 139. KODANDRAM NAYAK S/O JAVARANAYAK AGED ABOUT 41 YEARS SHARE NO.12/056 140. HARIPRASAD J C S/O JAKKAPPA AGED ABOUT 40 YEARS SHARE NO.12/055 141. YOGESH K S/O KUCHELA AGED ABOUT 43 YEARS SHARE NO.12/063 - 17 - NC: 2025:KHC:8925 WP No. 4264 of 2025 142. NAGENDRA S/O CHANDRACHAR AGED ABOUT 40 YEARS SHARE NO.12/046 143. M P RAGHU S/O NINGARAJU AGED ABOUT 36 YEARS SHARE NO. 12/037 144. PRUTHVIRAJ K S/O KUMAR AGED ABOUT 36 YEARS SHARE NO.12/033 145. PURUSHOTTHAMA N P S/O N S PARAMESH AGED ABOUT 45 YEARS SHARE NO. 12/083 146. NANDISH S/O LATE. SANNATHAMMEGOWDA AGED ABOUT 40 YEARS SHARE NO. 12/086 147. DAYANAND S G S/O SOMANNA AGED ABOUT 43 YEARS SHARE NO. 12/088 148. RATEESHA B K S/O LATE. KRISHNASHETTY AGED ABOUT 40 YEARS SHARE NO.12/085 149. LOKESH M A S/O V K APPANNA AGED ABOUT 37 YEARS SHARE NO.13/072 150. RAHUL P S/O PRAKASH N AGED ABOUT 34 YEARS SHARE NO. 14/056 - 18 - NC: 2025:KHC:8925 WP No. 4264 of 2025 151. TILAK KUMAR S/O LATE. CHANDRASHEKAR AGED ABOUT 41 YEARS SHARE NO.14/066 152. MYLARIGOWDA S/O DEVARAJEGOWDA A AGED ABOUT 41 YEARS SHARE NO.14/067 153. GURUMALLESH T P S/O LATE. PRAKASH T M AGED ABOUT 39 YEARS SHARE NO. 14/073 154. HS PRAKASH S/O SANNASHETTY AGED ABOUT 43 YEARS SHARE NO. 14/075 155. K B NAGARAJ S/O LATE. K K BOGAPPA AGED ABOUT 44 YEARS SHARE NO. 14/077 156. THAMMEGOWDA S/O CHIKKANNEGOWDA AGED ABOUT 40 YEARS SHARE NO.14/081 157. R H SANNAPPA S/O HALAPPA AGED ABOUT 43 YEARS SHARE NO.14/083 158. K A JAYANNA S/O AJJEGOWDA AGED ABOUT 55 YEARS SHARE NO.05/015 159. CHANDRA NAYAK S/O LATE SIDDANAYAKA AGED ABOUT 51 YEARS SHARE NO.05/090 - 19 - NC: 2025:KHC:8925 WP No. 4264 of 2025 160. K E JANARDHAN S/O NAGENDRA RAO AGED ABOUT 33 YEARS SHARE NO.05/156 161. H K MANJUNATH S/O KEPAIAH HD AGED ABOUT 42 YEARS SHARE NO.05/157 162. RAJANNA S/O RANGASWAMY AGED ABOUT 43 YEARS SHARE NO.05/192 163. H RAJARAO S/O HANUMANTHA RAO AGED ABOUT 52 YEARS SHARE NO.06/008 164. BALAKRISHNA R 8/O RAMUSHETTY AGED ABOUT 49 YEARS SHARE NO.06/163 165. BASAVALINGAPPA S/O KANTEPPA AGED ABOUT 53 YEARS SHARE NO.06/198 166. B T GEETHA W/O LATE SWAMY AGED ABOUT 43 YEARS SHARE NO.07/004 167. KESHAVMURTHY J S/O JAYARAM SHETTY AGED ABOUT 46 YEARS SHARE NO. 10/183 168. KALLANA BISANAL S/O JAYAGONDA AGED ABOUT 44 YEARS - 20 - NC: 2025:KHC:8925 WP No. 4264 of 2025 SHARE NO.07/116 169. K CHANDRAKANT S/O KUMARASWAMY AGED ABOUT YEARS SHARE NO.08/063 170. GANESH R S/O RANGANNA AGED ABOUT 46 YEARS SHARE NO.08/200 171. NANDAKUMAR H R S/O RANGASHETTY AGED ABOUT 38 YEARS SHARE NO.09/033 172. MAHADEVA BATAKUNKI S/O SIDDAPPA AGED ABOUT 49 YEARS SHARE NO.09/070 173. SHIVALINGAIAH M S/O MAHADEVASWAMY AGED ABOUT 56 YEARS SHARE NO.07/136 174. MANJUNATH M S/O M MAHADEVU AGED ABOUT 48 YEARS SHARE NO. 10/147 175. NARAYANI R S/O RANGASWAMY AGED ABOUT 33 YEARS SHARE NO. 11/146 176. HARISH K M S/O MALLIKARJUNA K AGED ABOUT 41 YEARS SHARE NO.11/149 177. SHANTHA H D W/O DODDAKARIYAYYA - 21 - NC: 2025:KHC:8925 WP No. 4264 of 2025 AGED ABOUT 54 YEARS SHARE NO.07/112 178. SHARANABASAPPA S/O LATE BASAVARAJ AGED ABOUT 44 YEARS SHARE NO.09/119 179. RAVIKUMARA N S/O NANJUNDA AGED ABOUT 44 YEARS SHARE NO.08/195 180. MURTHY S S S/O SUBBEGOWDA AGED ABOUT 41 YEARS SHARE NO.14/062 181. MARIYAPPA S/O JAVARAPPA AGED ABOUT 40 YEARS SHARE NO.07/138 182. SWAMY H P S/O PUTTARAJU AGED ABOUT 43 YEARS SHARE NO.08/167 183. MOHAN KUMAR D S/O LATE DEVAIAH AGED ABOUT 38 YEARS SHARE NO.07/167 184. NINGEGOWDA S K S/O KAJARIGOWDA AGED ABOUT 41 YEARS SHARE NO.11/150 185. GUNAVATHI D/O N NAGARAJ AGED ABOUT 48 YEARS SHARE NO.15/150 - 22 - NC: 2025:KHC:8925 WP No. 4264 of 2025 186. BABURAO GADDAD S/O LATE LAKSHMAN AGED ABOUT 41 YEARS. SHARE NO.10/176 187. HARISH N S/O NARASIMHA NAYAK AGED ABOUT 40 YEARS SHARE NO.15/047 188. MURTHY A S/O APPAJIGOWDA AGED ABOUT 46 YEARS SHARE NO.07/169 189. NINGAYYA HIREMATH S/O LATE. HEERAYYA AGED ABOUT 41 YEARS SHARE NO.09/105 190. RAVI H S S/O SIDDARAJA NAYAKA AGED ABOUT 43 YEARS SHARE NO.07/173 191. ANIL KUMAR M J S/O LATE JAVARAIAH AGED ABOUT 37 YEARS SHARE NO.08/177 192. BASAPPA K S CHAKRASALI S/O SIDDAPPA CHAKRASALI AGED ABOUT 43 YEARS SHARE NO.15/013 193. VINOD KUMAR N S/O NAGARAJU AGED ABOUT 39 YEARS SHARE NO.07/098 194. HR DINESH S/O LATE. RAMEGOWDA AGED ABOUT 46 YEARS SHARE NO.14/189 - 23 - NC: 2025:KHC:8925 WP No. 4264 of 2025 195. SWAMY B D S/O DODDEGOWDA AGED ABOUT 41 YEARS SHARE NO. 14/185 196. SHEKAR M R S/O SANNAPPA AGED ABOUT 42 YEARS SHARE NO.14/173 197. BEERESH H S/O CHIKKAVEERAIAH AGED ABOUT 40 YEARS SHARE NO. 14/147 198. SWAMY S/O RAMAIAH AGED ABOUT 41 YEARS SHARE NO. 14/146 199. SWAMY C G S/O GOVINDAIAH AGED ABOUT 44 YEARS SHARE NO. 14/138 200. SATHISH PRASAD R S/O RAMACHANDRA PRASAD AGED ABOUT 47 YEARS SHARE NO.14/133 201. SUNIL KUMAR K S/O KAMANNA AGED ABOUT 38 YEARS SHARE NO. 14/122 202. SHIVANANDA SHETTY S/O HANUMANTH AGED ABOUT 45 YEARS SHARE NO. 14/114 203. MURALIDGAR V R S/O SRIDHARA AGED ABOUT 38 YEARS SHARE NO. 12/107 - 24 - NC: 2025:KHC:8925 WP No. 4264 of 2025 204. UMESH G N S/O BHEEMESHA AGED ABOUT 41 YEARS SHARE NO.12/095 205. HARISH S/O SOMESH AGED ABOUT 41 YEARS SHARE NO.13/096 206. RAMACHANDRA DARSHAN G S/O GOVINDEGOWDA AGED ABOUT 33 YEARS SHARE NO. 13/119 207. MANJEGOWDA S/O LAKKE GOWDA AGED ABOUT 39 YEARS SHARE NO. 13/126 208. ANIL KUMAR A S/O GOVINDA AGED ABOUT 38 YEARS SHARE NO. 13/141 209. ASHOK T S S/O SIDDAPPA AGED ABOUT 39 YEARS SHARE NO. 13/144 210. PADMA A T D/O SRIKANTA AGED ABOUT 41 YEARS SHARE NO.13/157 211. KRISHNA H V S/O VEERANAGOWDA AGED ABOUT 39 YEARS SHARE NO. 11/010 212. RAVIKUMAR M S/O SOMANNA AGED ABOUT 41 YEARS SHARE NO. 14/035 - 25 - NC: 2025:KHC:8925 WP No. 4264 of 2025 213. HARISH R S/O BHOGAIAH AGED ABOUT 41 YEARS SHARE NO. 14/049 214. ASHWATH H N S/O NARASIMHEGOWDA AGED ABOUT 55 YEARS SHARE NO.1/17 215. KIRAN GHATKE S/O GOVINDARAO GHATKE AGED ABOUT 42 YEARS SHARE NO.06/078 216. KUMAR BAJARATH S/O YELLAPPA AGED ABOUT 42 YEARS SHARE NO.15/006 217. SANJEEV KUMAR S/O RAMACHANDRA AGED ABOUT 41 YEARS SHARE NO. 15/009 218. LINGARAJU M J S/O JAYARAM AGED ABOUT 39 YEARS SHARE NO.08/100 219. PRAKASH R R S/O RAJEGOWDA AGED ABOUT 40 YEARS SHARE NO.07/149 220. GANGA RAJU S/O MANJEGOWDA AGED ABOUT 45 YEARS SHARE NO.07/042 221. BASAVACHARI S/O LATE RAMACHARI AGED ABOUT 40 YEARS SHARE NO.11/026 - 26 - NC: 2025:KHC:8925 WP No. 4264 of 2025 222. K GOPAL S/O MT KEMPAIAH AGED ABOUT 53 YEARS SHARE NO.06/149 223. CHETHAN SHARMA H M S/O MAHENDRA AGED ABOUT 39 YEARS SHARE NO. 15/099 224. R CHANDRA S/O RAMU AGED ABOUT 42 YEARS SHARE NO. 10/018 225. SANDESH R S/O RAJU AGED ABOUT 38 YEARS SHARE NO.13/170 226. ROOPESHA H S S/O SHIVANNA AGED ABOUT 46 YEARS SHARE NO. 10/161 227. C S GIRISHA S/O SUBBAIAH AGED ABOUT 47 YEARS SHARE NO.08/021 228. BALAKRISHNA H K S/O HS KARIGOWDA AGED ABOUT 50 YEARS SHARE NO.02/119 229. GIRISH S S/O LATE. SHANMUKASWAMY AGED ABOUT 47 YEARS SHARE NO.07/070 230. RAGHU A S/O LOKAIAH AGED ABOUT 48 YEARS SHARE NO. 15/038 - 27 - NC: 2025:KHC:8925 WP No. 4264 of 2025 231. DAYANADA M M S/O SOMANNA AGED ABOUT 48 YEARS SHARE NO. 14/199 232. SRISHAILA BOKATE D/O HANUMANTHA AGED ABOUT 43 YEARS SHARE NO.08/144 233. NAVEEN RAJ H S S/O SWAMYGOWDA AGED ABOUT 39 YEARS SHARE NO. 13/073 234. NADAF M A S/O ALLISAB NADAF AGED ABOUT 48 YEARS SHARE NO.15/071 235. RAJU S/O LATE TULASIRAM AGED ABOUT 45 YEARS SHARE NO. 10/192 236. M GANESH S/O MALLESHCHARYA AGEDBOUT 39 YEARS SHARE NO.14/085 237. K NAGESH KUMAR S/O LATE K KRISHNEGOWDA AGED ABOUT 37 YEARS SHARE NO.04/197 238. VISHWANATH H K S/O HARISH AGED ABOUT 41 YEARS SHARE NO.14/167 239. MAHADEVA S/O MAREGOWDA AGED ABOUT 39 YEARS SHARE NO.06/100 - 28 - NC: 2025:KHC:8925 WP No. 4264 of 2025 240. MS CHANDRASHEKAR S/O SOMASHEKAR AGED ABOUT 41 YEARS SHARE NO.07/061 241. KUMARA L S/O LOKESHAPPA AGED ABOUT 41 YEARS SHARE NO. 10/184 242. NANDISH KUMAR K R S/O RAMU MC AGED ABOUT 40 YEARS SHARE NO.08/037 243. MAHESHA K G S/O GOPALASHETTY AGED ABOUT 38 YEARS SHARE NO.08/069 244. ASHOKA S/O SUBBEGOWDA AGED ABOUT 41 YEARS SHARE NO.05/089 245. VISHWANATH S/O NAGARAJA AGED ABOUT 43 YEARS SHARE NO.05/187 246. VISHSWANATHA S S/O SHIVANNEGOWDA AGED ABOUT 46 YEARS SHARE NO. 11/054 247. KEERTHI S/O SHIVANNA AGED ABOUT 38 YEARS SHARE NO.13/124 248. HEMANTHKUMAR S/O LATE. NINGEGOWDA AGED ABOUT 38 YEARS SHARE NO.14/019 - 29 - NC: 2025:KHC:8925 WP No. 4264 of 2025 249. DEVARAJA K V S/O VENKATESH AGED ABOUT 45 YEARS SHARE NO. 10/132 250. NAGARAJU G S S/O LATE. SIDDARAMEGOWDA AGED ABOUT 42 YEARS SHARE NO. 10/088 251. PADMARAJ S/O RAJAIAH AGED ABOUT 32 YEARS SHARE NO. 11/021 252. RAGHAVENDRA S/O VENKATESHAIAH AGED ABOUT 35 YEARS SHARE NO. 15/093 253. KANTHA RAJU H AGED ABOUT 41 YEARS SHARE NO. 15/066 254. S S ROHITH S/O SWAMY AGED ABOUT 37 YEARS SHARE NO 06/021 255. GANGARAJU S/O MANJEGOWDA AGEDA BOUT 42 YEARS SHARE NO 07/042, 256. KUMAR C S/O CHELUVANAIK AGED ABOUT 38 YEARS SHARE NO 09/009 257. RAJESH G R S/O RAJEGOWDA AGED ABOUT 40 YEARS SHARE NO 13/152 - 30 - NC: 2025:KHC:8925 WP No. 4264 of 2025 258. MADHUSUDHAN S/O RAMASHETTY AGED ABOUT 37 YEARS SHARE NO 13/106 259. M B PALASKHA S/O BASAVARAJAPPA AGED ABOUT 46 YEARS SHARE NO 07/079 260. M G LINGARAJU S/O JAYARAM AGED ABOUT 43 YEARS SHARE NO 08/100 ALL ARE MEMBERS OF KARNATAKA STATE ROAD TRANSPORT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SUBHASHNAGARA, K R NAGARA TOWN MYSURU DISTRICT- 571 602 (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. SANDESH T B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU- 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE OF CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC, A BLOCK, K.H ROAD, SHAHINTHINAGAR BANGALORE -560027 REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETES MYSURU DISTRICT- 570001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOICIETIES - 31 - NC: 2025:KHC:8925 WP No. 4264 of 2025 MYSURU SUB DIVISION MYSURU DISTRICT-570001. 5. KARNATAKA STATE RAOD TRANSPORT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SUBHASHNAGAR,K R NAGAR TOWN, MYSURU DISTRICT -571602 REPRESENTED BY ITS CEO (SOCETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETES ACT 1959) 6. THE RETURNING OFFICER KARNATAKA STATE ROAD TRANSPORT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD, SUBHASHNAGARA K R NAGAGARA TOWN MYSURU DISTRICT -571602 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT -1959) …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3, R4 AND R6, SRI. T L KIRAN KUMAR, ADVOCATE FOR R2, R5-SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 14.02.2025 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 32 - NC: 2025:KHC:8925 WP No. 4264 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- "Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to contest and votes in the elections to the respondent No.5 which is scheduled to be held on 14.02.2025 vide Annexure-A in the interest of justice". 2. This Court by way of an interim arrangement on 13.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 14.02.2025 subject to final outcome of this petition. 3. Heard Sri Sandesh T.B., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.5 though served has chosen to remain absent. - 33 - NC: 2025:KHC:8925 WP No. 4264 of 2025 5. Counsel for the petitioners submits that the election has been held as scheduled on 14.02.2025 and the petitioners have cast their votes. 6. 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. 7. No material is forthcoming to indicate the compliance of aforementioned rules. 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 1 2022 (4) AKR 775 - 34 - NC: 2025:KHC:8925 WP No. 4264 of 2025 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 announce the results of the election, which was scheduled on 14.02.2025. 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.5– 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 petitioner would not give any finding on the eligibility of the petitioners to - 35 - NC: 2025:KHC:8925 WP No. 4264 of 2025 vote in the election of the Board of respondent No.5– 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.5-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results 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 YKL List No.: 2 Sl No.: 18