Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13275 WP No. 5231 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. 5231 OF 2025 (CS-EL/M) BETWEEN:
1. D MANJUNATH, S/O DODDANNA, AGED ABOUT 62 YEARS, SHARE NO.297. 2. B L MANJUNATH, S/O LAKSHMAIAH, AGED ABOUT 58 YEARS, SHARE NO. 3. 3. NANDISH R, S/O RAMACHANDRAPPA, AGED ABOUT 45 YEARS, SHARE NO.8. 4. Y C SURESH, S/O CHIKKABACHAPPA, AGED ABOUT 55 YEARS, SHARE NO. 11. 5. Y R NARAYANASWAMY, S/O RAMANNA, AGED ABOUT 60 YEARS, SHARE NO.12. 6. Y R VENKATESH, S/O RAMAIAH, AGED ABOUT 45 YEARS, SHARE NO. 14. 7. T RAMESH, S/O TAMMEGOWDA, AGED ABOUT 61 YEARS, SHARE NO. 23. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13275 WP No. 5231 of 2025
8. MUNIRAJU, S/O MUNIBYRAPPA, AGED ABOUT 65 YEARS, SHARE NO.27. 9. RAMAIAH, S/O DODDAMUNIKEMPANNA, AGED ABOUT 74 YEARS, SHARE NO.29. 10. ANJINAPPA, S/O LATE KEMPANNA, AGED ABOUT 65 YEARS, SHARE NO. 32. 11. CHINNARAYAPPA, S/O LATE ERAPPA, AGED ABOUT 79 YEARS, SHARE NO.33. 12. BACHEGOWDA, S/O DODDAMUNISHAMANNA, AGED ABOUT 80 YEARS, SHARE NO.35. 13. LAKSHMIDEVI, W/O RAMESH, AGED ABOUT 50 YEARS, SHARE NO.43. 14. RAJAMMA, W/O BACHEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.51. 15. SUMITHRAMMA, W/O RAMANNA, AGED ABOUT 60 YEARS, SHARE NO.52. 16. KANTAMMA, W/O SONNAPPA, AGED ABOUT 61 YEARS, SHARE NO.57. - 3 -
NC: 2025:KHC:13275 WP No. 5231 of 2025
17. RATHNAMMA, W/O NAGARAJ. AGED ABOUT 60 YEARS, SHARE NO.60. 18. VIMALAMMA, W/O NARAYANASWAMY, AGED ABOUT 62 YEARS, SHARE NO. 64. 19. NARAYANASWAMY, S/O. ERAPPA, AGED ABOUT 70 YEARS, SHARE NO.65. 20. MAJULA, W/O LAKSHMANA, AGED ABOUT 50 YEARS, SHARE NO.71. 21. LAKSHMAMMA, W/O NANJEGOWDA, AGED ABOUT 64 YEARS, SHARE NO.74. 22. TAMMAYYA, S/O MOTAPPA, AGED ABOUT 63 YEARS, SHARE NO.80. 23. PUSHPA, W/O MANJUNATH, AGED ABOUT 49 YEARS, SHARE NO.88. 24. PRAKASH KUMAR, S/O T LAKSHMANA, AGED ABOUT 54 YEARS. SHARE NO.89. 25. BASAVARAJ, S/O KRISHNAPPA, AGED ABOUT 59 YEARS, SHARE NO.94. - 4 -
NC: 2025:KHC:13275 WP No. 5231 of 2025
26. SUMITRA, W/O MURTHY, AGED ABOUT 45 YEARS, SHARE NO.95. 27. MAHBOOB, S/O MAMMUSAAB, AGED ABOUT 70 YEARS, SHARE NO. 114. 28. Y N KUMAR, S/O. NANJAPPA, AGED ABOUT 60 YEARS, SHARE NO. 117. 29. SUDHA, W/O MUNEGOWDA, AGED ABOUT 49 YEARS, SHARE NO. 119. 30.
ANJINAMMA, W/O NARAYANASWAMY, AGED ABOUT 63 YEARS, SHARE NO. 124. 31. NEELAMMA, W/O NARAYANASWAMY, AGED ABOUT 50 YEARS, SHARE NO. 129. 32. ANUSUYAMMA, W/O ANJINAPPA, AGED ABOUT 50 YEARS. SHARE NO.132. 33. SATYAMMA M, W/O MARIYAPPA, AGED ABOUT 64 YEARS, SHARE NO.133. 34. RATHNAMMA, W/O RAMESH, AGED ABOUT 45 YEARS, SHARE NO.137. - 5 -
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35. TIPPANNA, S/O MUNISHAMAPPA, AGED ABOUT 70 YEARS, SHARE NO. 144. 36. RAMAKKA, W/O MUNIRAJU, AGED ABOUT 69 YEARS, SHARE NO. 152. 37. SUNANDAMMA, W/O NARAYANASWAMY, AGED ABOUT 62 YEARS, SHARE NO.153. 38. D RAMAMURTHY, S/O C DODDANNA, AGED ABOUT 68 YEARS, SHARE NO.161. 39. SHARADAMMA, W/O NARAYANASWAMY, AGED ABOUT 50 YEARS, SHARE NO. 162. 40. D NARAYANASWAMY, S/O DASAPPA, AGED ABOUT 65 YEARS, SHARE NO.165. 41. GOWRAMMA, W/O MUNIRAJA, AGED ABOUT 49 YEARS, SHARE NO. 167. 42. D RAMACHANDRA, S/O DASAPPA, AGED ABOUT 60 YEARS, SHARE NO. 178. 43. MANJULAMMA, W/O EREGOWDA, AGED ABOUT 64 YEARS, SHARE NO.184. - 6 -
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44. NANJAMMA, W/O CHANNARAYAPPA, AGED ABOUT 73 YEARS, SHARE NO. 190. 45. Y D MUNEGOWDA, S/O DASAPPA, AGED ABOUT 55 YEARS, SHARE NO. 191. 46. RATHNAMMA, W/O MUNEGOWDA, AGED ABOUT 52 YEARS, SHARE NO. 203. 47. MUNEGOWDA, S/O TAMMANNA, AGED ABOUT 60 YEARS, SHARE NO.204. 48. MEENA M, W/O RAMACHANDRA, AGED ABOUT 55 YEARS, SHARE NO.207. 49. NARAYANASWAMY, S/O CHIKKAMUNOSHAMAPPA, AGED ABOUT 71 YEARS, SHARE NO.210. 50. RAMESH, S/O APPAYYANNA, AGED ABOUT 55 YEARS, SHARE NO.236. 51. MANJUNATH, S/O TIPPAIAH, AGED ABOUT 50 YEARS, SHARE NO.237. 52. R MUNINAGAPPA, S/O RAMAIAH, AGED ABOUT 49 YEARS, SHARE NO.253. - 7 -
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53. B MURTHY, S/O BYANNA, AGED ABOUT 55 YEARS, SHARE NO.263. 54. MANJULA, W/O NAGESH, AGED ABOUT 52 YEARS, SHARE NO.300. 55. JAYAMMA, W/O TAMMANNA, AGED ABOUT 71 YEARS, SHARE NO.303. 56. DEVARAJ N, S/O NARANASWAMY, AGED ABOUT 45 YEARS, SHARE NO.306. 57.
RENUKA R, W/O M M KUMAR, AGED ABOUT 50 YEARS, SHARE NO. 309. 58. E MURTHY, S/O EREGOWDA, AGED ABOUT 49 YEARS, SHARE NO.313. 59. NARAYANAMMA, W/O D NARAYANASWAMY, AGED ABOUT 60 YEARS, SHARE NO.318. 60. NAGABHUSHAN, S/O ERAPPA, AGED ABOUT 48 YEARS, SHARE NO.322. 61. RENUKA, W/O SONNEGOWDA, AGED ABOUT 52 YEARS, SHARE NO. 335. - 8 -
NC: 2025:KHC:13275 WP No. 5231 of 2025
62. Y N RAMESH, S/O.NARAYANAPPA. K AGED ABOUT 60 YEARS, SHARE NO. 339. 63. MUNIRAJU, S/O APPAIAH, AGED ABOUT 60 YEARS, SHARE NO.406. 64. RAMAMURTHY, S/O ERAPPA, AGED ABOUT 59 YEARS, SHARE NO.418. 65. DODDA REDDAPPA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 68 YEARS, SHARE NO.428. 66. GOWRAMMA, W/O DODDA REDDAPPA, AGED ABOUT 55 YEARS, SHARE NO.429. 67. LAKSHMI, W/O RAMURTHY, AGED ABOUT 48 YEARS, SHARE NO.434. 68. MEENA, W/O Y C NARAYANASWAMY, AGED ABOUT 52 YEARS, SHARE NO.435. 69. SUDHA, W/O SRINIVAS, AGED ABOUT 54 YEARS, SHARE NO. 452. 70. BHARATHI, W/O SHYAMANNA, AGED ABOUT 40 YEARS, SHARE NO. 453. - 9 -
NC: 2025:KHC:13275 WP No. 5231 of 2025
71. EREGOWDA, S/O CHINNARAYAPPA, AGED ABOUT 45 YEARS, SHARE NO.446. 72. MANJUNATH Y N, S/O NANJEGOWDA, AGED ABOUT 44 YEARS, SHARE NO.459. ALL ARE R/AT YANAGUNTE VILLAGE, HOSAKOTE TALUK, BANGALORE RURAL-562 114. …PETITIONERS (BY SRI RAHUL S REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, T.T.M.C, 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. REP. BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DIVISION, NO. 1, ALI ASKER ROAD, VASANTHNAGAR, BANGALORE-560 052. 4. YANAGUNTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BANGALORE RURAL, BANGALORE-562 114. REP. BY ITS CEO/SECRETARY. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959). 5. RETURNING OFFICER, YANAGUNTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HOSKOTE TALUK,
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NC: 2025:KHC:13275 WP No. 5231 of 2025
BANGALORE RURAL DISTRICT, BANGALORE-562 114.
…RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-5;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2;
R-4 SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R-4 WHICH IS SCHEDULED TO BE HELD ON 23.02.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Notice to respondent No.4 is dispensed with, in view of the order proposed to be passed.
2.
Learned counsel for the petitioner has filed a memo for service of the hand summons to respondent No.4, the said memo is accepted. The service in respect of respondent No.4 is held sufficient.
3. 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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and that the votes cast by the petitioners shall be kept in separate ballot boxes.
4. 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.
5. 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.
6. In that view of the matter, I pass the following:
1 W.P.No.8502/2022 dated 7.6.2022
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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.: 34