Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14680 WP No. 4543 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. 4543 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI CHANDRAPPA C, AGED ABOUT 54 YEARS, S/O. CHINDEGOWDA, SHARE NO.2136. 2. SRI SRINIVASA, AGED ABOUT 60 YEARS, S/O. CHINDEGOWDA, SHARE NO.2278. 3. SMT. GOWRAMMA, AGED ABOUT 62 YEARS, W/O.HONNEGOWDA, SHARE NO. 2986. 4. SMT. NANJAMMA, AGED ABOUT 65 YEARS, W/O. MADEGOWDA, SHARE NO.2994. 5. SMT. LAKSHMMA, AGED ABOUT 49 YEARS, W/O. THIMMEGOWDA, SHARE NO.2995. 6. SMT.NINGAMMA, AGED ABOUT 69 YEARS, W/O. CHINDEGOWDA, SHARE NO.2996. 7. SRI.HONNEGOWDA, AGED ABOUT 47 YEARS, S/O. THIMMEGOWDA @ MODDAPPA,
SHARE NO.3113. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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8. SRL. T. NAGARAJU, AGED ABOUT 38 YEARS, S/O. THIMMEGOWDA, SHARE NO.3236. 1 TO 8 ARE R/AT PUTTEGOWDANA HUNDI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 9. SRI B. SIDDAIAH, AGED ABOUT 70 YEARS, S/O. BOREGOWDA, SHARE NO.1047. 10. SMT. G.INDRANI, AGED ABOUT 55 YEARS, W/O. T PUTTASWAMY GOWDA, SHARE NO. 1499. 11. SMT. INDRAMMA, AGED ABOUT 46 YEARS, W/O. PIUTTACHARI, SHARE NO.2148. 12. SMT. B.M.DEVIKA, AGED ABOUT 48 YEARS, W/O. S. B.GOWDA, SHARE NO. 2302. 13. SRI. HONNEGOWDA, AGED ABOUT 80 YEARS, S/O. KADAMMANA NINGEGOWDA, SHARE NO 2736. 14. SRI THINMMEGOWDA, AGED ABOUT 60 YEARS, S/O. HONNEGOWDA, SHARE NO.3004. 15. SRI. NARAYANA, AGED ABOUT 38 YEARS, S/O LATE THIMMAIAH, SHARE NO.3059. - 3 -
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16. SRI RAMAKRISHNA, AGED ABOUT 38 YEARS, S/O. RAMANNA, SHARE NO.3162. 17. SRI P.LOKESH. AGED ABOUT 48 YEARS, S/O. PUTTASWAMY, SHARE NO.3280. 18. SRI HONNEGOWDA,. AGED ABOUT 55 YEARS, S/O. HONNEGOWDA, SHARE NO.3367. 19. SMT. PUTTATHAMMA, AGED ABOUT 55 YEARS, W/O. NANJEGOWDA, SHARE NO.3379. 20. SMT. DEVAMMA, AGED ABOUT 60 YEARS, W/O. NEELAIAH @ NINGEGOWDA, SHARE NO.3381. 21. SMT. KEMPAMMA @ VATAKAMMA, AGED ABOUT 55 YEARS, W/O. SIDDEGOWDA, SHARE NO.3392. 22. SMT. NINGAMMA, AGED ABOUT 55 YEARS, W/O. HONNEGOWDA, SHARE NO.3524. 9 TO 22 ARE R/AT CHIKKAMALIGE KOPPALU VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT-571 424. 23. SRI H.C. SHANTHARAJU, AGED ABOUT 52 YEARS, S/O. JAVARAYIGOWDA, SHARE NO.2099. 24. SRI. SANNAIAH, AGED ABOUT 60 YEARS,
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S/O. LATE. NANGAIAH, SHARE NO.2713. 25.
SRI RAMAIAH, AGED ABOUT 65 YEARS, S/O. MALLASHETTI @ GOJJASHETTI, SHARE NO.2737. 26. SRI. DOLLAIAH, AGED ABOUT 58 YEARS, S/O. MALUVAIAH, SHARE NO. 2943. 27. SRI.HONNAIAH, AGED ABOUT 63 YEARS, S/O. BASAVANA MADAIAH, SHARE NO.3198. 23 TO 27 ARE R/AT HONAGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 28. SMT. RAFHIK UNNISA, AGED ABOUT 68 YEARS, W/O. MAHAMADH ALI, SHARE NO.470. 29. SMT. POWZIYA IKBAL, AGED ABOUT 54 YEARS, W/O. AKBAR HUSEN, SHARE NO.2201. 30. SMT. VAHIDH UNNISA, AGED ABOUT 68 YEARS, W/O. MAHAMADH NAZEEDH, SHARE NO.2204. 31. SMT. SANNAPUTTAMMA, AGED ABOUT 70 YEARS, W/O. CHUNCHAIAH, SHARE NO.2249. 32. SRI MALLIKARJUNA, AGED ABOUT 70 YEARS,
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S/O. MALLAIAH, SHARE NO.2497. 33. SRI K.M.NANJUNDAIAH, AGED ABOUT 60 YEARS, S/O. UBRAMI NANJAIAH, SHARE NO.2631. 34. SMT. RAPHIK UNNISA, AGED ABOUT 71 YEARS, W/O. MAHAMADH SAPHIULLA, SHARE NO.2714. 35. SMT. RIZWANA KOWSAR, AGED ABOUT 40 YEARS, W/O. AMSHADH PASHA, SHARE NO.2763. 36. SMT. SADA BHAHAR, AGED ABOUT 56 YEARS, W/O.ABHDUL REHAMAN, SHARE NO.2770. 28 TO 36 ARE R/AT KALKUNI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 37. SMT. DEVAMMA, AGED ABOUT 56 YEARS, W/O. VENKATESH, SHARE NO.2774, R/AT HONAGANAHALLI VILLAGE, KIRUGAVALU HOBLL, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 38. SRI MAHAMADH IDAYATH ULLA, GED ABOUT 57 YEARS, S/O. ABHDUL MUSTHAPHA, SHARE NO.3000. 39. SRI MOHAN KUMAR, AGED ABOUT 45 YEARS, S/O. LATE SHIVANNA, SHARE NO.3064. - 6 -
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40. SMT. S. LEELAVATHI, AGED ABOUT 63 YEARS, W/O. C MALLAIAH, SHARE NO.3066. 41. SRI SIDDARAJU, AGED ABOUT 53 YEARS, S/O. KAGGALADA SUBBAIAH, SHARE NO.3071. 42. SMT. MANGALAMMA, AGED ABOUT 62 YEARS, W/O. K.M.ACHUTH KUMAR, SHARE NO.3088. 43. SRI DEVAIAH, AGED ABOUT 61 YEARS, S/O. MAYIGAIAH DEVAIAH, SHARE NO.3111. 44. SRI M.MANJUNATHA, AGED ABOUT 42 YEARS, S/O. K.MALLAIAH, SHARE NO.2770. 45. SMT. MAHADEVAMMA, AGED ABOUT 60 YEARS, W/O. HOOVAIAH, SHARE NO.3211. 46. SRI IDAYATH ULLA, AGED ABOUT 55 YEARS, S/O. MAHAMADH MUSTHAPHA, SHARE NO.3242.
47. SRI INAYATH ULLA, AGED ABOUT 53 YEARS, S/O. MAHAMADH MUSTHAPHA, SHARE NO.3249,
48. SRI K.L.NATARAJU, AGED ABOUT 51 YEARS, S/O. LINGAIAH, SHARE NO.3269. - 7 -
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49. SRI MARISWAMY, AGED ABOUT 54 YEARS, S/O. GOLAIAH, SHARE NO.3412. 50. SMT. SAVITHA, AGED ABOUT 41 YEARS, W/O. RAGHU, SHARE NO.3437. 51. SRI AMEER JHAN, AGED ABOUT 57 YEARS, S/O. SIHALLI KHADAR, SHARE NO.3516. 38 TO 51 ARE R/AT KALKUNI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 52. SRI THATHAIAH @ CHIKKAVANU, AGED ABOUT 68 YEARS, S/O. HOMBALEGOWDA, SHARE NO.1198. 53. SRI K.KEMPEGOWDA, AGED ABOUT 70 YEARS, S/O. KEMPEGOWDA, SHARE NO.1569. 54. SRI NAGEGOWDA, AGED ABOUT 60 YEARS, S/O. PIKRI NINGEGOWDA, SHARE NO.2161. 55. SMT. MAHADEVAMMA, AGED ABOUT 57 YEARS, W/O. B AVINASH, SHARE NO.2307. 56. SRI S.RAJU, AGED ABOUT 58 YEARS, S/O. GANGE SUBBEGOWDA, SHARE NO.2435. - 8 -
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57. SMT. MAMATHA, AGED ABOUT 42 YEARS, W/O. NANJEGOWDA, SHARE NO.2518. 58. SRI K.P. NAVEEN, AGED ABOUT 46 YEARS, S/O. KEMPEGOWDA, SHARE NO.2651. 59. SMT. NANJAMMA, AGED ABOUT 67 YEARS, W/O. HOMBALEGOWDA, SHARE NO.2712. 60. SRI BABU, AGED ABOUT 58 YEARS, S/O. VAZHIR SABH, SHARE NO.2725. 61. SRI MADHEGOWDA, AGED ABOUT 70 YEARS, S/O. CHOWDEGOWDA, SHARE NO.3012. 62. SMT. MANJULA, AGED ABOUT 42 YEARS, W/O. CHIKKANNA @ BHUPARI, SHARE NO.3062. 63. SRI D.M.NAGENDHRA, AGED ABOUT 43 YEARS, S/O. MADHEGOWDA, SHARE NO.3090. 64. SRI N.KUMAR, AGED ABOUT 42 YEARS, S/O. NINGAIAH, SHARE NO.3091. 65. SRI D.KIRAN, AGED ABOUT 42 YEARS, S/O. DEVARARASEGOWDA, SHARE NO.3124. - 9 -
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66. SMT. JAYAMMA, AGED ABOUT 68 YEARS, W/O. KEMPEGOWDA, SHARE NO.3471. 52 TO 66 ARE R/AT DODDEGOWDANA KOPPALU VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 67. SRI A.RAJESH, AGED ABOUT 40 YEARS, S/O. K.N.ANNAIAH, SHARE NO.3081, R/AT KALKUNI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 68.
SRI MAHADEVA, AGED ABOUT 65 YEARS, S/O. NANJEGOWDA @ BHIMEGOWDA, SHARE NO.2145, R/AT DODDEGOWDANA KOPPALU VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571 424. …PETITIONERS (BY SRI KANTHARAJU C S, 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, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER, DISTRICT OFFICE, SUBHASH NAGAR, 1ST CROSS, MANDYA DISTRICT-573 201. 4. RETURNING OFFICER, MULTIPURPOSE PRIMARY RURAL AGRICULTURAL
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CO-OPERATIVE SOCIETIES LTD., KALKUNI. KIRAGAVALLU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 5. MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETIES LTD., KALKUNI. REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REP. BY ITS CHIEF EXECUTIVE OFFICER, KIRAGAVALLU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2;
SRI RAVIKIRAN H.L, ADVOCATE FOR R-5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE RESPONDENT NO.2, 3, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 16.02.2025 (ANNX-A) IN THE INTEREST OF JUSTICE AND EQUITY ETC. 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 and that the votes cast by the petitioners shall be kept in separate ballot boxes.
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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.
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
1 W.P.No.8502/2022 dated 7.6.2022
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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 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.: 99