Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 17142 (KAR)

H C NAGARAJU v. THE STATE OF KARNATAKA

WP/4311/2025 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14683 WP No. 4311 of 2025 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. 4311 OF 2025 (CS-EL/M) BETWEEN: 1. H C NAGARAJU, S/O CHIKKALINGEGOWDA, AGED ABOUT 59 YEARS. SHARE NO.01/178. 2. MAHADEVA S/O LATE. VARADAIAH, AGED ABOUT 59 YEARS, SHARE NO. 01/013. 3. MANJUNATHA M S S/O B N SHIVANANJAPPA, AGED ABOUT 43 YEARS, SHARE NO.04/059. 4. GAVIRANGASWAMY, S/O MERISWAMY, AGED ABOUT 59 YEARS, SHARE NO. 04/156. 5. M J CHELUVARAJU, S/O JAVARAPPA, AGED ABOUT 52 YEARS, SHARE NO.03/151. 6. MAHESH P, S/O LATE. PUNGAIAH, AGED ABOUT 45 YEARS, SHARE NO.12/078. 7. Y R MURALIDHAR, S/O JAVARAIAH, AGED ABOUT 42 YEARS, SHARE NO.12/107. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14683 WP No. 4311 of 2025 8. THIMMAPPAGOWDA K L, S/O LAKKAPPAGOWDA, AGED ABOUT 36 YEARS, SHARE NO.08/024. 9. VEKATACHALAPATHI, S/O NANJUNDAPPA, AGED ABOUT 40 YEARS, SHARE NO. 13/008. 10. CHANDRANAYAKA, S/O NAGARAJANAYAKA, AGED ABOUT 42 YEARS, SHARE NO.13/092. 11. LOKESHA A, S/O ANNAIAH, AGED ABOUT 43 YEARS, SHARE NO.07/152. 12. RAVI N C, S/O CHIKKANNA, AGED ABOUT 39 YEARS, SHARE NO.11/128. 13. SHAMEER KHAN, S/O RASHID KHAN, AGED ABOUT 41 YEARS, SHARE NO.12/145. 14. R BALAKRISHNA, S/O RANGAPPASHETTY, AGED ABOUT 44 YEARS, SHARE NO.06/189. 15. SHIVAJI, S/O RAMA, AGED ABOUT 29 YEARS, SHARE NO.07/113. 16. D R GANESH, S/O RAJAPPA, AGED ABOUT 38 YEARS, SHARE NO.12/105. - 3 - NC: 2025:KHC:14683 WP No. 4311 of 2025 17. J SATHISH, S/O JAVAREGOWDA, AGED ABOUT 37 YEARS, SHARE NO. 12/108. 18. H S SRINIVAS, S/O SHIVARAMEGOWDA, AGED ABOUT 44 YEARS, SHARE NO. 12/200. 19. NAVEEN KUMAR, S/O DODDAIAH, AGED ABOUT 36 YEARS, SHARE NO.12/180. 20. RAMESHA B K, S/O KRISHNEGOWDA, AGED ABOUT 47 YEARS, SHARE NO.12/182. 21. MANOJ KUMAR, S/O DEVAPPA, AGED ABOUT 44 YEARS, SHARE NO. 10/012. 22. G R LOKESHA, S/O RAMEGOWDA, AGED ABOUT 46 YEARS, SHARE NO.03/014. 23. H S MAHADEVA, S/O SANNAPPA, AGED ABOUT 42 YEARS, SHARE NO.03/029. 24. MUDAKAPPA H L, S/O HOOVAIAH, AGED ABOUT 40 YEARS, SHARE NO.09/085. 25. S K RAVI, S/O KRISHNAPPA, AGED ABOUT 44 YEARS, SHARE NO.09/038. - 4 - NC: 2025:KHC:14683 WP No. 4311 of 2025 26. ASHOKA, S/O MAHADEVU, AGED ABOUT 31 YEARS, SHARE NO.05/066. 27. AMEETH MUDDEVIYAR, S/O RAJA MUDDEVIYAR, AGED ABOUT 38 YEARS, SHARE NO.12/163. 28. SANTHOSHA KALABAGI, S/O RANGASWAMY, AGED ABOUT 34 YEARS, SHARE NO.12/177. 29. ANNAPPA K R, S/O KALLAPPA, AGED ABOUT 33 YEARS, SHARE NO. 10/119. 30. RUSHABHENDRA, S/O BAIRAPPA, AGED ABOUT 29 YEARS, SHARE NO.14/020. 31. SULEMAN SAHEB, S/O RAMEEN, AGED ABOUT 41 YEARS, SHARE NO. 10/164. 32. B S RAGHU, S/O SANGAMESH, AGED ABOUT 45 YEARS, SHARE NO.09/183. 33. M J MOHAN, S/O JAVARAIAH, AGED ABOUT 38 YEARS, SHARE NO. 10/031. 34. SYED KUDARATULLA, S/O MAHAMMED, AGED ABOUT 42 YEARS, SHARE NO.12/116. - 5 - NC: 2025:KHC:14683 WP No. 4311 of 2025 35. K A JAYANNA, S/O ANNAIAHGOWDA, AGED ABOUT 55 YEARS, SHARE NO.05/015. 36. ANEED PASHA, S/O NAVEED PASHA, AGED ABOUT 52 YEARS, SHARE NO.12/109. 37. K V PRASANNA KUMAR, S/O VENKATAIAH, AGED ABOUT 50 YEARS, SHARE NO.04/171. 38. THANVEER SHARIFF, S/O REHMATH, AGED ABOUT 41 YEARS, SHARE NO.15/097. 39. MOHAMMED AYAT, S/O MUNIK PASHA, AGED ABOUT 48 YEARS, SHARE NO.12/101. 40. B V YOGESHA, S/O VEEREGOWDA, AGED ABOUT 36 YEARS, SHARE NO.13/098. 41. SHEKAR GOWDA, S/O RAMASWAMY, AGED ABOUT 39 YEARS, SHARE NO.15/121. 42. SURESH BYALAWAR, S/O SHIVASWAMY, AGED ABOUT 42 YEARS, SHARE NO.08/198. 43. MOHAMMED SHARIFF, S/O JAAN SHARIFF, AGED ABOUT 49 YEARS, SHARE NO.14/124. - 6 - NC: 2025:KHC:14683 WP No. 4311 of 2025 44. DAWASAB, S/O RAHEEM SAB, AGED ABOUT 38 YEARS, SHARE NO.15/008. 45. S S MURTHY, S/O SHIVAMURTHY, AGED ABOUT 34 YEARS, SHARE NO.14/062. 46. ASHOKA PATEEL, S/O RAMESH PATEEL, AGED ABOUT 46 YEARS, SHARE NO.10/113. 47. PUTTARAJU, S/O DEVARAJAPPA, AGED ABOUT 39 YEARS, SHARE NO.11/193. 48. SRIDHARA H S, S/O SANGAPPA SWAMY, AGED ABOUT 46 YEARS, SHARE NO.11/101. 49. RAVINDRA BASTI, S/O DHARANISHAIAH, AGED ABOUT 40 YEARS, SHARE NO.14/075. 50. SHIVAIAH PARVATMAT, S/O DYANAPPA, AGED ABOUT 39 YEARS, SHARE NO.14/179. 51. G L AKSHAY, S/O LAKKAIAH, AGED ABOUT 42 YEARS, SHARE NO.14/180. 52. LANCY FARNANDIS, W/O PAUL FARNANDIS, AGED ABOUT 58 YEARS, SHARE NO.01/76. - 7 - NC: 2025:KHC:14683 WP No. 4311 of 2025 53. MOHAMMED SHARIFF, S/O JABED SHARIFF, AGED ABOUT 48 YEARS, SHARE NO.01/076. 54. SYED ANWAR, S/O MUNAVAR PASHA, AGED ABOUT 42 YEARS, SHARE NO.02/086. 55. K K MADESH, S/O KANAKARAJU, AGED ABOUT 54 YEARS, SHARE NO.02/. 56. B NARAYANAMURTHY, S/O BASAVARAJU, AGED ABOUT YEARS, SHARE NO.11/012. 57. RENUKUMARA T V, S/O VENKATAIAH, AGED ABOUT 38 YEARS, SHARE NO.13/089. 58. R BALAKRISHNA, S/O VENKATESHA SHETTY, AGED ABOUT 48 YEARS, SHARE NO.06/163. 59. DARSHAN, S/O RAMAKRISHNA, AGED ABOUT 30 YEARS, SHARE NO.13/094. 60. S L YOGESH, S/O LINGAPPA, AGED ABOUT 32 YEARS, SHARE NO.07/064. 61. M B PALAKSHA, S/O BASAVEGOWDA, AGED ABOUT 38 YEARS, SHARE NO.07/079. - 8 - NC: 2025:KHC:14683 WP No. 4311 of 2025 62. THILAK PRASAD, S/O RAMEGOWDA, AGED ABOUT 48 YEARS, SHARE NO.04/009. 63. CHANDRAKALA, S/O DEVENDRAIAH, AGED ABOUT 52 YEARS, SHARE NO.04/012. 64. H DEVARAJ, S/O RAMESH, AGED ABOUT 36 YEARS, SHARE NO.08/096. 65. RAVIKUMAR G L, S/O LINGEGOWDA, AGED ABOUT 41 YEARS, SHARE NO.12/143. 66. G S NATARAJ, S/O SANNASWAMYGOWDA, AGED ABOUT 43 YEARS, SHARE NO.05/051. 67. RAJAKUMARA, S/O SOMESHA, AGED ABOUT 40 YEARS, SHARE NO.09/064. 68. KUMARA C, S/O CHIKKEGOWDA, AGED ABOUT 37 YEARS, SHARE NO.09/009. 69. DIVAKARA K R, S/O RAJANNA, AGED ABOUT 42 YEARS, SHARE NO.13/139. 70. HEMARAJA, S/O DEVEGOWDA, AGED ABOUT 46 YEARS, SHARE NO. 13/179. - 9 - NC: 2025:KHC:14683 WP No. 4311 of 2025 71. CHANDREGOWDA, S/O RAMALINGEGOWDA, AGED ABOUT 51 YEARS, SHARE NO.13/193. 72. DAYANANDA, S/O JALENDRA, AGED ABOUT 43 YEARS, SHARE NO.14/199. 73. M N MAHENDRA, S/O NARAYANAPPA, AGED ABOUT 32 YEARS, SHARE NO.14/042. 74. T K MANJAIAH, S/O KARISHETTY, AGED ABOUT 54 YEARS, SHARE NO.02/198. 75. N P SHIVAKUMAR, S/O PRAKASH, AGED ABOUT 43 YEARS, SHARE NO.03/096. 76. R NARAYAN, S/O SOMAPPA, AGED ABOUT 40 YEARS, SHARE NO. 05/007. 77. M D CHIDANANDA, S/O DEVENDRA, AGED ABOUT 36 YEARS, SHARE NO.07/018. 78. B P MAHENDRA, S/O PARTHA, AGED ABOUT 37 YEARS, SHARE NO.08/113. 79. L KUMARA, S/O JOGIGOWDA, AGED ABOUT 36 YEARS, SHARE NO. 10/184. - 10 - NC: 2025:KHC:14683 WP No. 4311 of 2025 80. G S RAJESHA, S/O SRINIVASA, AGED ABOUT 38 YEARS, SHARE NO. 08/001. 81. SOMANATHA, S/O RAMANNA, AGED ABOUT 38 YEARS, SHARE NO.15/052. 82. SANTHOSH KUMAR, S/O GIDDEGOWDA, AGED ABOUT 46 YEARS, SHARE NO.11/131. 83. B J PUTTARAJ, S/O JAVARAPPA, AGED ABOUT 36 YEARS, SHARE NO.11/193. 84. SHASHIKUMAR D, S/O D K SHIVANNA, AGED ABOUT 39 YEARS, SHARE NO.12/123. 85. MAHENDRA M N, S/O NAGARAJU, AGED ABOUT 32 YEARS, SHARE NO. 12/042. 86. V MAHALAKSHMI, W/O VEERANNA, AGED ABOUT 39 YEARS, SHARE NO.05/040. 87. K S MANJUNATHA, S/O SANNEGOWDA, AGED ABOUT 42 YEARS, SHARE NO.05/153. 88. H S RAMESH, S/O SINGRIGOWDA, AGED ABOUT 43 YEARS, SHARE NO.05/166. - 11 - NC: 2025:KHC:14683 WP No. 4311 of 2025 89. MEHABOOB ALI, S/O REHMAN ALI, AGED ABOUT 58 YEARS, SHARE NO.07/118. 90. LOKESH H R, S/O RANGASWAMY, AGED ABOUT 42 YEARS, SHARE NO.12/156. 91. K S RANGEGOWDA, S/O SANNALINGEGOWDA, AGED ABOUT 46 YEARS, SHARE NO.12/124. 92. MYDAKAPPA KAMBAR, S/O JAVANAPPA KAMBARA, AGED ABOUT 42 YEARS, SHARE NO.09/085. 93. H S ROHITH, S/O SHIVARAJU, AGED ABOUT 37 YEARS, SHARE NO.06/021. 94. ASHOKA, S/O THIRTHEGOWDA, AGED ABOUT 38 YEARS, SHARE NO.05/066. 95. SANNASWAMY, S/O GURULINGA, AGED ABOUT 50 YEARS, SHARE NO.11/042. 96. AMASEGOWDA, S/O JAVAREGOWDA, AGED ABOUT 42 YEARS, SHARE NO.11/085. 97. SHRISHAIL KUMBAR, S/O RAMESH KUMBAR, AGED ABOUT 53 YEARS, SHARE NO.06/054. - 12 - NC: 2025:KHC:14683 WP No. 4311 of 2025 98. K B RAGHU, S/O BASARAJAPPA, AGED ABOUT 56 YEARS, SHARE NO.02/124. 99. MAHANTHAPPA, S/O THIPPESWAMY, AGED ABOUT 37 YEARS, SHARE NO.06/739. 100. MALLIKARJUN GUGEHAL, S/O SHAMBHULINGA GUGEHAL, AGED ABOUT 44 YEARS, SHARE NO.07/108. 101. GOVINDA RATHOD, S/O MADDUKAPPA RATHOD, AGED ABOUT 48 YEARS, SHARE NO. 15/018. 102. MAHESH TALWAR, S/O SHAILENDRA TALWAR, AGED ABOUT 41 YEARS, SHARE NO.15/049. 103. HULIGEMMA, S/O RAGHAVENDRA, AGED ABOUT 38 YEARS, SHARE NO.15/051. 104. RAMESH B K, S/O KALAPPA, AGED ABOUT 36 YEARS, SHARE NO.12/182. 105. ASHOK B, S/O BETTEGOWDA, AGED ABOUT 37 YEARS, SHARE NO.12/198. 106. PRADEEP S G, S/O GOWDAIAH, AGED ABOUT 47 YEARS, SHARE NO.11/080. - 13 - NC: 2025:KHC:14683 WP No. 4311 of 2025 107. DHANALAKSHMI M, D/O MARIGOWDA, AGED ABOUT 32 YEARS, SHARE NO.14/148. 108. HARSHID BHEG, S/O REHMAN BHEG, AGED ABOUT 33 YEARS, SHARE NO.04/034. 109. PRADEEP ACHARI, S/O RAMACHARI, AGED ABOUT 37 YEARS, SHARE NO.12/041. 110. NINGARAJU M J, S/O. JAVARAIAH, AGED ABOUT 30 YEARS, SHARE NO.08/100. 111. SAIMAN PETER, S/O PETER, AGED ABOUT 41 YEARS, SHARE NO.14/100. 112. SRINIVAS P, D/O POOVAIAH, AGED ABOUT 52 YEARS, SHARE NO.12/174. 113. M K MAHENDRA, S/O KALAIAH, AGED ABOUT 45 YEARS, SHARE NO.08/164. 114. SHREEKANTH G N, S/O GOLAPPA, AGED ABOUT 43 YEARS, SHARE NO.13/167. 115. V PRABHAKAR, S/O VEKATAIAH, AGED ABOUT 55 YEARS, SHARE NO.03/137. - 14 - NC: 2025:KHC:14683 WP No. 4311 of 2025 116. V PARAMESHA, S/O VARADAPPA, AGED ABOUT 52 YEARS, SHARE NO.04/056. 117. H A HARISHA, S/O AMBARISHA, AGED ABOUT 40 YEARS, SHARE NO.09/057. 118. DAKSHINAMURTHY, S/O ISHWARAPPA, AGED ABOUT 47 YEARS, SHARE NO.08/120. 119. RAVI, S/O NAGARAJA, AGED ABOUT 32 YEARS, SHARE NO.01/250. 120. K SRINIVAS, S/O RAMANNA, AGED ABOUT 33 YEARS, SHARE NO.13/011. 121. CHETHANA, S/O CHELUVARAJU, AGED ABOUT 44 YEARS, SHARE NO.11/120. 122. VEERESH, S/O MALLESHAPPA, AGED ABOUT 39 YEARS, SHARE NO.15/010. 123. AMARESHAPPA, S/O KHEERESH, AGED ABOUT 34 YEARS, SHARE NO.06/189. 124. GANGAMMA, D/O BASAVARAJU, AGED ABOUT 33 YEARS, SHARE NO.11/133. - 15 - NC: 2025:KHC:14683 WP No. 4311 of 2025 125. BASAVANAGOWDA PATIL, S/O CHANNEGOWDA, AGED ABOUT 32 YEARS, SHARE NO.15/054. 126. SURESH, S/O RACHEGOWDA, AGED ABOUT 43 YEARS, SHARE NO. 15/197. 127. YOGESHA, S/O HARSHEGOWDA, AGED ABOUT 36 YEARS, SHARE NO.15/028. ALL ARE MEMBERS OF KARNATAKA STATE ROAD TRANSPORT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SUBHASHNAGARA, K.R.NAGARA TOWN, MYSURU DISTRICT-571 602. …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-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT-570 001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU DISTRICT-570 001.a - 16 - NC: 2025:KHC:14683 WP No. 4311 of 2025 5. KARNATAKA STATE ROAD TRANSPORT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SUBHASHNAGARA, K.R.NAGARA TOWN, MYSURU DISTRICT-571 602. REP. BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. THE RETURNING OFFICER, KARNATAKA STATE ROAD TRANSPORT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SUBHASHNAGARA, K.R.NAGARA TOWN, MYSURU DISTRICT-571 602. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3, R-4 & R-6; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2; R-5 SERVED) 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. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 - 17 - NC: 2025:KHC:14683 WP No. 4311 of 2025 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 18 - NC: 2025:KHC:14683 WP No. 4311 of 2025 4. In that view of the matter, I pass the following: ORDER i. The Writ Petition is disposed of. ii. The Returning Officer 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 the above matter. 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 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 - 19 - NC: 2025:KHC:14683 WP No. 4311 of 2025 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.: 97