Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13272 WP No. 4461 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. 4461 OF 2025 (CS-EL/M) BETWEEN:
1. RACHAIAH, S /O THUNTANA JAVARAIAH, AGED ABOUT 62 YEARS, SLF NO. 961. 2. K.P. NAGENDRA, S/O K.N. PUTTASWAMY, AGED ABOUT 40 YEARS, SLF NO. 1123. 3. NANJUNDASWAMY, S/O K.S. NANJUNDIAH, AGED ABOUT 47 YEARS, SLF NO. 2238. 4. SIDDARAJU, S/O K.S. NANJUNDAIAH, AGED ABOUT 42 YEARS, SLF NO. 2246. 5. SANNA PUTTAMMA, D/O CHUNCHAMMA, AGED ABOUT 48 YEARS. SLF NO. 2249. 6. MADESHA, S/O RACHAIAH, AGED ABOUT 45 YEARS, SLF NO. 2427. 7. SHIVANANJAMMA, W/O SIDDAIAH (MULLARE), AGED ABOUT 49 YEARS, SLF NO. 2507. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13272 WP No. 4461 of 2025
8. PUSHPALATHA, D/O K.P. NAGENDRA, AGED ABOUT 42 YEARS, SLF NO. 2724. 9. MAHADEVU, S/O K.S. NANJUNDAIAH, AGED ABOUT 48 YEARS, SLF NO. 2739. 10. JAYAMMA, W/O NANJUNDAIAH, AGED ABOUT 55 YEARS, SLF NO. 2752. 11. PUTTASWAMY, S/O MALLURU LINGAIAH, AGED ABOUT 50 YEARS, SLF NO. 2998. 12. S. LEELAVATHI, S/O C. MALLAIAH, AGED ABOUT 47 YEARS, SLF NO. 3066. 13. SIDDARAJU, S/O KAGGALADA SUBBAIAH, AGED ABOUT 56 YEARS, SLF NO. 3071. 14. M. MANJUNATHA, S/O K. MALLAIAH, AGED ABOUT 42 YEARS, SLF NO. 32086. 15. MAHADEVAMMA, S/O HOOVAIAH, AGED ABOUT 60 YEARS, SLF NO. 3211. 16. VANAJAKSHI, S/O RANGASWAMY, AGED ABOUT 42 YEARS, SLF NO. 3261. - 3 -
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17. K.L. NATARAJU, S/O LINGAIAH, AGED ABOUT 59 YEARS, SLF NO. 3269. 18. RAJAMMA, W/O GOPALA AGED ABOUT 60 YEARS, SLF NO. 3377. 19. MARISWAMY, S/O GOOLAIAH, AGED ABOUT 62 YEARS, SLF NO. 3412. 20. AMEERJAAN, S/O SHIHALLI KHADAR, AGED ABOUT 62 YEARS, SLF NO. 3516. PETITIONER NO.1 TO 20 R/AT KALKUNI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 21. THATHAIAH @ CHIKKAVANU, S/O HOMBALEGOWDA, AGED ABOUT 68 YEARS, SLF NO. 1198. 22. K. KEMPEGOWDA, S/O KEMPEGOWDA, AGED ABOUT 56 YEARS, SLF NO. 1569. 23. MAHADEVA, S/O NANJEGOWDA @ BHEEMEGOWDA, AGED ABOUT 54 YEARS, SLF NO. 2145. 24. NAGEGOWDA, S/O PIKRI NINGEGOWDA, AGED ABOUT 47 YEARS, SLF NO. 2161. - 4 -
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25. YASHODAMMA, S/O RANGAPPA (HOMBALEGOWDA), AGED ABOUT 52 YEARS, SLF NO. 2276. 26.
CHALUVEGOWDA, S/O MADEGOWDA, AGED ABOUT 63 YEARS, SLF NO. 2289. 27. MAHADEVAMMA, W/O B. AVINASH, AGED ABOUT 42 YEARS, SLF NO. 2307. 28. NAGAMMA, S/O LATE SIDDEGOWDA, AGED ABOUT 60 YEARS, SLF NO. 2326. 29. S. HONNEGOWDA, S/O GANGE SUBBEGOWDA, AGED ABOUT 62 YEARS, SLF NO. 2434. 30. S. RAJU, S/O GANGE SUBBEGOWDA, AGED ABOUT 55 YEARS, SLF NO. 2435. 31. D.N. MAMATHA, W/O NANJEGOWDA, AGED ABOUT 42 YEARS, SLF NO. 2518. 32. KULLEGOWDA, S/O DEVARASEGOWDA, AGED ABOUT 56 YEARS, SLF NO. 2646. 33. K P NAVEEN, S/O KEMPEGOWDA, AGED ABOUT 52 YEARS, SLF NO. 2651. - 5 -
NC: 2025:KHC:13272 WP No. 4461 of 2025
34. KEMPEGOWDA, S/O BODIKUNDNA KEMPEGOWDA, AGED ABOUT 65 YEARS, SLF NO. 2707. 35. NANJAMMA, S/O HOMBALEGOWDA, AGED ABOUT 62 YEARS, SLF NO. 2712. 36. DEVARAJU, S/O DEVARASEGOWDA (ADANACHIJNA), AGED ABOUT 67 YEARS, SLF NO. 2717. 37. BABU, S/O VAJEERSAAB, AGED ABOUT 57 YEARS, SLF NO. 2725. 38. S. NAGARAJU, S/O SIDDEGOWDA, AGED ABOUT 47 YEARS, SLF NO. 2918. 39. DEVAMMA, W/O KEMPEGOWDA, AGED ABOUT 54 YEARS, SLF NO. 3060. 40. MANJULA, W/O CHIKKANNA @ BHOOPARI, AGED ABOUT 55 YEARS, SLF NO. 3062. 41. NAGARAJU, S/O HONNEGOWDA, AGED ABOUT 67 YEARS, SLF NO. 3078. 42. A. RAJESH, S/O K.N. ANNAIAH, AGED ABOUT 48 YEARS, SLF NO. 3081. - 6 -
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43. N. KUMAR, S/O NINGAIAH, AGED ABOUT 60 YEARS, SLF NO. 3091. 44. D. KIRAN, S/O DEVARASEGOWDA, AGED ABOUT 49 YEARS, SLF NO. 3124. 45. M. SHIVANNA, S/O MARIJOGIGOWDA, AGED ABOUT 49 YEARS, SLF NO. 3168. 46. S. SIDDARAMU, S/O SIDDEGOWDA @ MINNEGOWDA, AGED ABOUT 49 YEARS, SLF NO. 3243. 47. A.S. BHAGYA, W/O NAGARAJU, AGED ABOUT 48 YEARS, SLF NO. 3250. 48. NAGAMMA, W/O LAKKANNA LAKKEGOWDA, AGED ABOUT 56 YEARS, SLF NO. 3275. 49. ANANDA, S/O SIDDEGOWDA, AGED ABOUT 64 YEARS, SLF NO. 3358. 50. D.R. SHARATH, S/O D.N. RAJU, AGED ABOUT 48 YEARS, SLF NO. 3361. 51.
NANJAMMA, W/O MALLEGOWDA (BOSI), AGED ABOUT 60 YEARS, SLF NO. 3436. - 7 -
NC: 2025:KHC:13272 WP No. 4461 of 2025
52. SUMITHRA, W/O KRISHNAIAH, AGED ABOUT 52 YEARS, SLF NO. 3464. 53. JAYAMMA, W/O KEMPEGOWDA, AGED ABOUT 62 YEARS, SLF NO. 3471. PETITIONER NO. 21 TO 53 R/AT DODDEGOWDANAKOPPALU VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 54. B.M. DEVIKA, W/O S.B. GOWDA, AGED ABOUT 47 YEARS, SLF NO. 2302. 55. HONNEGOWDA, S/O KADAMMANA NINGEGOWDA, AGED ABOUT 64 YEARS, SLF NO. 2736. 56. THIMMEGOWDA, S/O HONNEGOWDA, AGED ABOUT 67 YEARS, SLF NO. 3004. 57. RAMAKRISHNA, S/O RAMANNA, AGED ABOUT 67 YEARS, SLF NO. 3162. 58. NEELEGOWDA, S/O SANNEGOWDA, AGED ABOUT 67 YEARS, SLF NO. 3228. 59. PUTTATHAYAMMA, W/O NANJEGOWDA, AGED ABOUT 64 YEARS, SLF NO. 3379. - 8 -
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60. NINGAMMA, W/O HONNEGOWDA, AGED ABOUT 68 YEARS, SLF NO. 3524. PETITIONER NO. 54 TO 60 R/AT CHIKKAMALIGEKOPPALU VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 61. H.J. SHANTHARAJU, S/O JAVARAYIGOWDA, AGED ABOUT 42 YEARS, SLF NO. 2099, R/AT HONAGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. 62. CHANDRAPPA. C, S/O CHINDEGOWDA, AGED ABOUT 54 YEARS, SLF NO. 2136. 63. THIMMEGOWDA, S/O KALEGOWDA, AGED ABOUT 56 YEARS, SLF NO. 2166. 64. SRINIVASA, S/O CHINDEGOWDA, AGED ABOUT 56 YEARS, SLF NO. 2278. 65. CHINDEGOWDA, S/O CHINDEGOWDA @ KONIYA, AGED ABOUT 67 YEARS, SLF NO. 2488. 66. GOWRAMMA, W/O HONNEGOWDA, AGED ABOUT 65 YEARS, SLF NO. 2986. - 9 -
NC: 2025:KHC:13272 WP No. 4461 of 2025
67. NANJAMMA, W/O MADEGOWDA, AGED ABOUT 54 YEARS, SLF NO. 2994. 68. LAKSHMAMMA, W/O THIMMEGOWDA, AGED ABOUT 64 YEARS. SLF NO. 2995. 69. NINGAMMA, W/O CHINDEGOWDA, AGED ABOUT 67 YEARS, SLF NO. 2996. 70. HONNEGOWDA, S/O THIMMEGOWDA @ MODDAPPA, AGED ABOUT 68 YEARS, SLF NO. 3113. PETITIONER NO. 62 TO 70 R/AT PUTTEGOWDANAHUNDI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. …PETITIONERS (BY SRI RUDRAPPA P, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-560 001. 2. MULTI PURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE LTD., A REGISTERED CO-OPERATIVE SOCIETY UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 KALKUNI, MALAVALLI TALUKU, MANDYA DISTRICT-571 430. REP. BY ITS SECRETARY. - 10 -
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3. THE RETURNING OFFICER, MULTI PURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE LTD., KALKUNI, MALAVALLI TALUKU, MANDYA DISTRICT-571 430. 4. THE ELECTION OFFICER AND ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETY (HOUSING AND OTHERS), OFFICE OF THE CO-OPERATIVE NO. 1, ALI-ASKAR ROAD, BENGALURU-560 052. 5. CO-OPERATIVE ELECTION AUTHORITY, REP. BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, SHANTINAGAR, BANGALORE-560 002. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTCILES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE ACT OF THE R-2 IN DISQUALIFYING THE PETITIONERS FROM THE ELIGIBLE VOTERS LIST IS VIOLATIVE OF RULE 13 (D)(3) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 BY ALLOWING THE WP ETC. THIS PETITION, COMING ON FOR ORDERS, 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
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NC: 2025:KHC:13272 WP No. 4461 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.
4. In that view of the matter, I pass the following:
1 W.P.No.8502/2022 dated 7.6.2022
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NC: 2025:KHC:13272 WP No. 4461 of 2025
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 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.: 30