Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13705 WP No. 5257 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. 5257 OF 2025 (CS-EL/M) BETWEEN:
1. PARAMESH H S S/O SRINIVASAGOWDA H L AGED ABOUT 47 YEARS SHARE NO.000842
2. SMT. ASHA HR W/O PARAMESH HS AGED ABOUT 40 YEARS SHARE NO.000843
3. SMT. JYOTHI HS W/O SUDHAKAR S C AGED ABOUT 49 YEARS SHARE NO.000845
4. RAMESHA S/O LATE. CHIKKANANJAIAH AGED ABOUT 50 YEARS SHARE NO.000841
5. KRISHNAKUMAR V S/O VEEREGOWDA AGED ABOUT 47 YEARS SHARE NO.0001098
6. HANUMANTHARAJU K S/O LATE. HANUMAIAH AGED ABOUT 42 YEARS SHARE NO.000803
7. LINGARAJU BL S/O LATE. LINGAIAH AGED ABOUT 61 YEARS SHARE NO.000298
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13705 WP No. 5257 of 2025
8. CHANDRAHASA S/O PATEL DYAVEGOWDA AGED ABOUT 51 YEARS SHARE NO.0001025
9. BHIMARAJU S/O ERREGOWDA AGED ABOUT 44 YEARS SHARE NO.0001099
10. SMT. SHOBHA J W/O RAMESH B S AGED ABOUT 49 YEARS SHARE NO.000277
11. RAMESH BS S/O LATE. SUBBEGOWDA G AGED ABOUT 60 YEARS SHARE NO.000276
12. MRS. LATHA B H W/O SUNIL S C AGED ABOUT 60 YEARS SHARE NO.0001093
13. MRS. ANITHA MANOHAR W/O MANOHAR C AGED ABOUT 52 YEARS SHARE NO.0001091
14. SMT. LALITHA S L W/O RANGANTH NT AGED ABOUT 66 YEARS SHARE NO.000801
15. MRS. USHARANI B P W/O MANJUNATH S L AGED ABOUT 56 YEARS SHARE NO.0001092
16. SHIVARAMU S/O LATE. HALAVEGOWDA AGED ABOUT 64 YEARS SHARE NO.00090
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NC: 2025:KHC:13705 WP No. 5257 of 2025
17. SRINIVASA N S/O LATE. NARASIMHAIAH G AGED ABOUT 67 YEARS SHARE NO.000698
18. SOMASHEKARA S/O S K SHIVEGOWDA AGED ABOUT 57 YEARS SHARE NO.0001085
19. KRISHNA S/O GIRIGOWDA AGED ABOUT 52 YEARS SHARE NO.000321
20. SMT. RATHNA M W/O SOMASHEKARA AGED ABOUT 45 YEARS SHARE NO.0001086
21. KIRAN B S/O BOREGOWDA AGED ABOUT 52 YEARS SHARE NO.000615
22. ANNEGOWDA M T S/O LATE THIMMEGOWDA M T AGED ABOUT 79 YEARS SHARE NO.00093
23. MAHADEVAPPA P S/O PUTTASWAMYGOWDA B AGED ABOUT 68 YEARS SHARE NO.000384
24. SANTHOSH K M S/O MAHADEVAPPA P AGED ABOUT 60 YEARS SHARE NO.000158
25. BANDIGOWDA P S/O PUTTASWAMYGOWDA B AGED ABOUT 45 YEARS SHARE NO.000163
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NC: 2025:KHC:13705 WP No. 5257 of 2025
26.
KRISHNAPPA P S/O PUTTASWAMYGOWDA B AGED ABOUT 61 YEARS SHARE NO.000209
27. BASAVARAJU B S/O LATE BASAVAIAH AGED ABOUT 60 YEARS SHARE NO.000211
28. GIRISHA B S/O BASAVARAJU B AGED ABOUT 45 YEARS SHARE NO.000157
29. RAVISH K S/O KRISHNAPPA P AGED ABOUT 49 YEARS SHARE NO.000208
30. NANDEESHA B S/O BASAVARAJU B AGED ABOUT 44 YEARS SHARE NO.000156
31. SOMANNA B S/O LATE. BASAVAIAH AGED ABOUT 69 YEARS SHARE NO.000322
32. SRINIVASA R S/O RANGAIAH K AGED ABOUT 55 YEARS SHARE NO.000151
33. DEEPAK S S/O SRINIVASA R AGED ABOUT 37 YEARS SHARE NO.000152
34. KARTHIK S S/O SRINIVASA R AGED ABOUT 30 YEARS SHARE NO.000153
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NC: 2025:KHC:13705 WP No. 5257 of 2025
35. SOMASHEKAR B K S/O LATE. KRISHNAIAH B AGED ABOUT 67 YEARS SHARE NO.000609
36. SATISH M S/O LATE. MARIAPPA G AGED ABOUT 54 YEARS SHARE NO.000249
37. BALARAMA S/O VEKATEGOWDA AGED ABOUT 34 YEARS SHARE NO.000826
38. SMT. ANUSUYA M K W/O LATE. TUKARAM M L AGED ABOUT 81 YEARS SHARE NO.000717
39. VIJENDRA S S/O LATE. SUBBEGOWDA AGED ABOUT 43 YEARS SHARE NO.000355
40. Y K NAGARAJU S/O KALEGOWDA AGED ABOUT 64 YEARS SHARE NO 0006
41. SHIVARAJU S/O SD GOVINDEGOWDA AGED ABOUT 76 YEARS SHARE NO.00016
42. MANJUNATH M T S/O LATE TUKARAM ML AGED ABOUT 65 YEARS SHARE NO.000716
43. KALPANA MANJUNATH W/O MANJUNATH M T AGED ABOUT 61 YEARS SHARE NO.000719
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NC: 2025:KHC:13705 WP No. 5257 of 2025
44. SMT. M C JAGADAMBADEVI W/O SHIVARAJU AGED ABOUT 65 YEARS SHARE NO.00017
45. PAPANNA K S/O LATE. KARIYANNA B D AGED ABOUT 73 YEARS SHARE NO.00029
46. PRASAD H B S/O BOREGOWDA AGED ABOUT 47 YEARS SHARE NO.000861
47. SURESHA G J S/O JANARDHANA GOWDA AGED ABOUT 38 YEARS SHARE NO.000324
48. SMT. GANGAMMA T N W/O PAPANNA K AGED ABOUT 66 YEARS SHARE NO.00030
49. SIDDARAJU B S/O S/O BASAVEGOWDA AGED ABOUT 51 YEARS SHARE NO.000192
50. GAGNGADHARA M S/O LATE.
MANCHAPPA M L AGED ABOUT 56 YEARS SHARE NO.0001049
51. KEPARAJU HL S/O LATE. LINGEGOWDA AGED ABOUT 50 YEARS SHARE NO.000334
52. RAMESHA S/O HONNAIAH AGED ABOUT 46 YEARS SHARE NO.000597
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NC: 2025:KHC:13705 WP No. 5257 of 2025
53. MUKUNDA T G S/O TK GOPALAKRISHNA MURTHY AGED ABOUT 46 YEARS SHARE NO.000805
54. SMT. JAMUNA Y S W/O RAMESHA AGED ABOUT 35 YEARS SHARE NO.000599
55. SMT. USHA H L W/O MUKUNDA T.G.
AGED ABOUT 40 YEARS SHARE NO.000804
56. NARAYANAGOWDA C S/O CHOWDAPPA AGED ABOUT 59 YEARS SHARE NO.000766
57. SANDEEP H V S/O LATE VENKATARAMU AGED ABOUT 43 YEARS SHARE NO.00069
58. SMT YAMUNA RANI B N W/O SURESH M AGED ABOUT 44 YEARS SHARE NO.000295
59. GAJENDRA PRASAD G S S/O LATE SHIVEGOWDA G.L.
AGED ABOUT 56 YEARS SHARE NO.000745
60. SUJATHA SR W/O GAJENDRAPRASAD G S AGED ABOUT 44 YEARS SHARE NO.000746
61. SHANTHAMALLAPPA S/O DYAVEGOWDA AGED ABOUT 59 YEARS SHARE NO.000620
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NC: 2025:KHC:13705 WP No. 5257 of 2025
62. SMT. SHANTHAMMA K W/O SHANTHAMALLAPPA AGED ABOUT 54 YEARS SHARE NO.000725
63. NAGARAJU G J S/O GOVINDEGOWDA AGED ABOUT 41 YEARS SHARE NO.000619
64. SMT. MALA RAVIKUMAR W/O RAVIKUMAR D AGED ABOUT 55 YEARS SHARE NO.000976
65. SMT. BHARATHI W/O LATE KRISHNEGOWDA AGED ABOUT 54 YEARS SHARE NO.000646
66. KUMAR T S/O THAMMAPPAGOWDA AGED ABOUT 61 YEARS SHARE NO.000600
67. SMT. HEMALATHA V K W/ T KUMAR AGED ABOUT 54 YEARS SHARE NO.000601
68. NIKHIL MANJUNATH S/O MANJUNATH MT AGED ABOUT 44 YEARS SHARE NO.000718
69. ANAND M S/O MARIAPPA B M AGED ABOUT 57 YEARS SHARE NO.000512
70. MANJEGOWDA M B S/O BOREGOWDA AGED ABOUT 53 YEARS SHARE NO.000301
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NC: 2025:KHC:13705 WP No. 5257 of 2025
71. LAVA KUMAR S/O B H GUNDAPPA AGED ABOUT 57 YEARS SHARE NO.00019
72. SHRIDHAR G S/O GUNDAPPA GOWDA AGED ABOUT 54 YEARS SHARE NO.000947
73. PREMAKUMAR M B S/O BASAVARAJU M S AGED ABOUT 44 YEARS SHARE NO.
000812
ALL ARE MEMBERS OF NEGILAYOGI VIVIDDHODDHESHA SOUHARDA SAHAKARI NIYAMITA, (R) #122, NEGILAYOGI MARULESHWARA SEVA BHAVANA, ADICHUNCHANGIRI ROAD, 3RD CROSS, K G KOPPAL JAYANAGARA RAILWAY GATE, MYSURU-570014 …PETITIONERS (BY SRI. SANDESH T B.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING. DR. BR AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001
4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU, MYSURU DISTRICT-570001
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NC: 2025:KHC:13705 WP No. 5257 of 2025
5. NEGILAYOGI VIVIDDHODDHESHA SOUHARDA SAHAKARI NIYAMITA, (R) #122, NEGILAYOGI MARULESHWARA SEVA BHAVANA, ADICHUNCHANGIRI ROAD, 3RD CROSS, K G KOPPAL JAYANAGARA RAILWAY GATE, MYSURU 570014 REPRESENTED BY ITS CEO
(SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959)
6. RETURNING OFFICER NEGILAYOGI VIVIDDHODDHESHA SOUHARDA SAHAKARI NIYAMITA, (R) 122, NEGILAYOGI MARULESHWARA SEVA BHAVANA, ADICHUNCHANGIRI ROAD, 3RD CROSS, K G KOPPAL JAYANAGARA RAILWAY GATE, MYSURU-570014
(SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959)
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R6;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. JITHIN JEJJO., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.02.2025 VIDE ANNX-A AND ETC. ***** THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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NC: 2025:KHC:13705 WP No. 5257 of 2025
ORAL ORDER
1. SRI.Jithin Jejjo., learned counsel submits that he has file vakalathnamma for respondent No.5. Registry is
directed to correct the appearance of Sri.T.L.Kiran Kumar., learned counsel as that appearing for respondent No.2.
2. 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.
3. 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
1 W.P.No.8502/2022 dated 7.6.2022
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NC: 2025:KHC:13705 WP No. 5257 of 2025
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.
4. 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.
5. 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
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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.: 35