Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12037 WP No. 4549 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4549 OF 2025 (CS-EL/M) BETWEEN:
1. DAMAKESHI SUBHASH S/O SUBRAYYA AGED ABOUT 69 YEARS MEMBERSHIP NO. 9144
2. DAMEKODI ANANDA S/O SUBRAYA AGED ABOUT 85 YEARS MEMBERSHIP NO. 9145
3. KUDUKULI J BHARATH S/O JOYAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 9314
4. KATEMANE GANESH S/O MUTHAPPA AGED ABOUT 78 YEARS MEMBERSHIP NO. 8838
5. KOMBANA K GANESH S/O MUTHAPPA AGED ABOUT 79 YEARS MEMBERSHIP NO. 9086
6. BARIKE M BALAKRISHNA S/O MACHAIAH AGED ABOUT 79 YEARS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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MEMBERSHIP NO.15018
7. SUTHALE R SOMANNA S/O RAMAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO. 14975
8. BYTHADAKA S. DEVAIAH S/O SOMAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 14977
9. KUMBAGOWDANA C SOMANNA S/O CHENGAPPA AGED ABOUT 77 YEARS MEMBERSHIP NO. 14919
10. KUMBANAGOWDA M VENKATARAMANA S/O MUTHAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 14915
11. ANERA C RAMAKRISHNA S/O CHINNAPPA AGED ABOUT 66 YEARS MEMBERSHIP NO. 14874
12. MANDIRA S JAGADEESH S/O MUTHAPPA AGED ABOUT 66 YEARS MEMBERSHIP NO. 14875
13. AMBEKAL K JEEVAN S/O KUSHALAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 14876
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14. YALADALU D KESHAVANANDA S/O DEVAIAH AGED ABOUT 78 YEARS MEMBERSHIP NO. 14714
15. SHANTEYANDA B KUSHALAPPA S/O BELIYAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO. 14712
16. MANADAKA S JANAKI W/O LATE SOMAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO. 14625
17. THUTHAJE R GIRISH S/O RAMAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 14598
18. DAMEKODI C MRUNALINI S/O CHINNAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO. 14587
19. MUKKATI A LOBAIAH S/O APPACHA AGED ABOUT 68 YEARS MEMBERSHIP NO. 14498
20. ANERA B CHANDRAKALA S/O BLAKRISHNA AGED ABOUT 70 YEARS MEMBERSHIP NO. 14624
21. KOMBAGOWDNA G RAGHU S/O GANAPATHI
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AGED ABOUT 75 YEARS MEMBERSHIP NO. 14432
22. PANDANA K NANJUNDA S/O CARIYAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 14354
23. BYAMANA M RAGHU S/O MUTHAPPA AGED ABOUT 73 YEARS MEMBERSHIP NO. 14334
24. KOYLIDA S BASAPPA S/O SOMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO. 14198
25.
KODAKANDI KAVERAMMA SOMANNA W/O SOMANNA AGED ABOUT 72 YEARS MEMBERSHIP NO. 14149
26. KUMBAGOWDNA SUNIL S/O GOPAL AGED ABOUT 55 YEARS MEMBERSHIP NO. 14134
27. SUDHANA A HEMAKUMAR S/O APPAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO. 14046
28. MADANAKA PONNAPPA S/O POOVAIAH AGED ABOUT 85 YEARS
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29. K D DAYANANDA S/O DEVAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO. 13513
30. THALURU S SOMANNA S/O SUBBAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO. 13498
31. THALURU M KUSHALAPPA S/O MADAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO. 13495
32. KALLAMBI U CHINAPPA S/O UTHAPPA AGED ABOUT 72 YEARS MEMBERSHIP NO. 13484
33. PONNACHANA D SUBBAIAH S/O DEVAIAH AGED ABOUT 75 YEARS MEMBERSHIP NO. 13485
34. AMBEKAL P KUSHALAPPA S/O PADMAIAH AGED ABOUT 72 YEARS MEMBERSHIP NO. 13418
35. NYANERA B RAVI S/O BOPAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO. 13324
36. GUDEMANE B RAMESH S/O BELLIAPPA
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NC: 2025:KHC:12037 WP No. 4549 of 2025
AGED ABOUT 70 YEARS MEMBERSHIP NO. 13212
37. KODI U MOTAIAH S/O UTHAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO. 13168
38. M S SHESHAGIRI S/O SOMAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO. 13037
39. PANDANA A LOKANATHA S/O AIYAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO. 12861
40. DEVANDIRA M GANAPAPATHI S/O MUTHANNA AGED ABOUT 69 YEARS MEMBERSHIP NO. 12880
41. AGASARA R MUNISWAMY S/O RAMASWAMY AGED ABOUT 65 YEARS MEMBERSHIP NO. 12625
42. DEVANGODI N HARSHA S/O NANJUNDAIAH AGED ABOUT 72 YEARS MEMBERSHIP NO. 12493
43. KOPPADA M POOVAIAH S/O MUDDAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO. 12287
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44. B M JAGADISH RAI S/O MANJAPPA RAI AGED ABOUT 66 YEARS MEMBERSHIP NO. 12207
45. KORANA J PADMA W/O JAVAHARA AGED ABOUT 59 YEARS MEMBERSHIP NO. 12142
46. KUTTANA S SHANKAR S/O SUBBRAYA AGED ABOUT 72 YEARS MEMBERSHIP NO. 11943
47.
KATRATHANA B APPAIAH S/O BELLIAPPA AGED ABOUT 78 YEARS MEMBERSHIP NO. 11818
48. PONNACHANA S DEVAIAH S/O SOMAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO. 11903
49. SUDHANA M GANAPATHI S/O MADAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO. 11397
50. HUDERI B RAJENDRA S/O BELLIAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 10717
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NC: 2025:KHC:12037 WP No. 4549 of 2025
51. KUDAKANDI M BASAPPA S/O MUDDAIAH AGED ABOUT 78 YEARS MEMBERSHIP NO. 10541
52. HOSUR S RAMAIAH S/O NANJUNDA AGED ABOUT 76 YEARS MEMBERSHIP NO. 10488
53. KODAKANDI M NANJUNDA S/O CHINNAPPA AGED ABOUT 79 YEARS MEMBERSHIP NO. 9960
54. SUDHANA M S/O MADAPPA AGED ABOUT 85 YEARS MEMBERSHIP NO. 9964
55. MADIVALANARA S ANNAIAH S/O SUBBAIAH AGED ABOUT 76 YEARS MEMBERSHIP NO. 9926
56. BHIMANANDA E S/O ERAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO. 9635
57. NAPANDA C GANESH S/O CHINNAPPA AGED ABOUT 79 YEARS MEMBERSHIP NO. 9399
58. KUMBAGOUDNA K OMKARAPPA S/O KARIYAPPA
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AGED ABOUT 70 YEARS MEMBERSHIP NO. 8580
59. BILLAVARA A AELIANNA S/O ITHAPPA AGED ABOUT 83 YEARS MEMBERSHIP NO. 7488
60. BOLIYANDA M PALANGAPPA S/O MUDDAPPA AGED ABOUT 85 YEARS MEMBERSHIP NO. 7516
61. THEKADA S THAMAIAH S/O SHIVAPPA AGED ABOUT 72 YEARS MEMBERSHIP NO. 13876
62. KADLERA M BALAKRISHNA S/O MUTHAPPA AGED ABOUT 73 YEARS MEMBERSHIP NO. 13729
63. KODAPALU GANAPATHI S/O SUBRAYA AGED ABOUT 65 YEARS MEMBERSHIP NO. 13730
64. ULLUVARANA P MONNAPPA S/O PONNAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO. 13502
65. THALURU M KUSHALAPPA S/O MADAIAH AGED ABOUT 67 YEARS MEMBERSHIP NO. 13495
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NC: 2025:KHC:12037 WP No. 4549 of 2025
66. NADUGALLU SOMANNA S/O ACHAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO. 13437
67. K G RAGHUNATH S/O GANAPATHI AGED ABOUT 75 YEARS MEMBERSHIP NO. 7553
68. ARAMBURU NAGESH S/O BOPAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO. 14428
69.
AME K GANGADHAR S/O KRISHNAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO. 14363
70. BAIMANE HARISH S/O BELLIAPPA AGED ABOUT 64 YEARS MEMBERSHIP NO. 14248
71. PONNATI B CHINAPPA S/O BELLIAPPA AGED ABOUT 64 YEARS MEMBERSHIP NO. 14248
72. KOLYADA S BASAPPA S/O SOMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO. 14198
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73. KUMBANA D NANAIAH S/O DEVAIAH AGED ABOUT 64 YEARS MEMBERSHIP NO. 14187
74. ANERA B CHANDRAKALA W/O BALAKRISHNA AGED ABOUT 70 YEARS MEMBERSHIP NO. 14624
75. SMT. MANADAKANA S JANAKI W/O SOMAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO. 14625
76. PANDANA K NISHANTH S/O KUTTAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO. 15008
77. KUKKERA B THIMAIAH S/O BOPAIAH AGED ABOUT 57 YEARS MEMBERSHIP NO. 14740
78. KUKKERA P SANTHOSH S/O PALANGAPPA AGED ABOUT 38 YEARS MEMBERSHIP NO. 14756
79. KATTIMANE MURALIDHARA S/O POOVAIAH AGED ABOUT 50 YEARS MEMBERSHIP NO. 13261
80. K U YASHODHA W/O ULLAS
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AGED ABOUT 63 YEARS MEMBERSHIP NO. 14978
81. K S RAMAMAIAH S/O SOMAIAH AGED ABOUT 75 YEARS MEMBERSHIP NO. 14935
82. KEKAD M SUGUNA W/O MADAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO. 14733
83. SMT. AIYAGADIDA JANAKI W/O UTHAIAH AGED ABOUT 67 YEARS MEMBERSHIP NO. 14588
84. BAIMANA M RAGHU S/O MUTHAPPA AGED ABOUT 76 YEARS MEMBERSHIP NO. 14334
85. M M NARENDRA S/O MANJUNATH AGED ABOUT 67 YEARS MEMBERSHIP NO. 12176
86. CHETTIMADA AVINASH S/O APPAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO. 15050
87. PORAIYANA P SATISH S/O PONNAPPA AGED ABOUT 48 YEARS MEMBERSHIP NO. 15048
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88. TALURU DEVARAJ S/O GANAPATHI AGED ABOUT 59 YEARS MEMBERSHIP NO. 14944
89. TALURU K KUMARADHARA S/O KARIYAPPA AGED ABOUT 35 YEARS MEMBERSHIP NO. 14577
90. TALURU K KUSUMADHARA S/O KARIYAPPA AGED ABOUT 37 YEARS MEMBERSHIP NO.
14576
ALL ARE MEMBERS OF KODAGU COFFEE BELEGARARA SAHAKARA SANGHA NIYAMITHA,
"COFFEE KRUPA", MADIKERI - 571 201, KODAGU DISTRICT. …PETITIONERS (BY SRI. JAI PRAKASH REDDY M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU - 560 027
3. THE RETURNING OFFICER
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NC: 2025:KHC:12037 WP No. 4549 of 2025
SAHAKARA SANGHA NIYAMITHA KODAGU COFFEE BELEGARARA COFFEE KRUPA, MADIKERI - 571 201, KODAGU DISTRICT. 4. THE KODAGU COFFEE BELEGARARA SAHAKARA SANGHA NIYAMITHA, COFFEE KRUPA, MADIKERI - 571 201, KODAGU DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT - 1959. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R3;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. S. RAJASHEKAR, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THEM TO CAST THEIR VOTES IN TE ENSUING ELECTIONS TO THE MANAGING COMMITTEE OF RESPONDENT NO.4 SOCIETY SCHEDULE TO BE HELD ON 16-02-2025 AS PER CALENDAR OF EVENTS DATED 30-01-2025 IN NO. NIL VIDE ANNEXURE-B ISSUED BY RESPONDENT NO.3, PASS ANY SUCH OTHER APPROPRIATE WRIT, ORDER OR DIRECTION THAT DEEMS FIT UNDER THE CIRCUMSTANCES EXPLAINED ABOVE, IN THE ENDS OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:12037 WP No. 4549 of 2025
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 Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.
1 W.P.No.8502/2022 dated 7.6.2022
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NC: 2025:KHC:12037 WP No. 4549 of 2025
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 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
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disposal of the dispute if any raised within the time frame prescribed.
VS List No.: 1 Sl No.: 5 CT: BHK
Sd/- (SURAJ GOVINDARAJ) JUDGE