Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14612 WP No. 5237 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5237 OF 2025 (CS-EL/M) BETWEEN:
1. SRI KUMARASWAMY C AGED ABOUT 52 YEARS S/O. LATE CHIKKANNA NO.499/D/90, BIDAR KRISHNAPPA ROAD DEVARAJA MOHALLA MYSORE 570 024 MEMBERSHIP NO.554
2. SRI SHARATH KUMAR M.C.
AGED ABOUT 45 YEARS S/O. CHANDRASHEKAR C.D.
NO.119, K.H. ROAD KRISHNAMURTHY BADAVANE (SOUTH PARK) BASAVESWARANAGAR JANATHA NAGARA, BOGADI-570084 MEMBERSHIP NO.543
3. SRI SHIVARAMU AGED ABOUT 61 YEARS S/O LATE BILIGOWDANA NINGE GOWDA NO.346, SHIVARAMU GIRIDARSHINI EXTENSION ALANAHALLI POST MYSORE 570 028 MEMBERSHIP NO.419
4. SMT. PUSHPALATHA M.B.
AGED ABOUT 52 YEARS W/O. JAGADISH S.K.
NO.113/C/, 7TH CROSS VINAYAKANAGAR MYSORE 570 012 MEMBERSHIP NO.709
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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5. SMT. LATHA H.R.
AGED ABOUT 52 YEARS W/O. CHANDRASHEKAR T NO.2001/1, NEW STREET HINKAL MYSORE 570 017 MEMBERSHIP NO.707
6. SRI CHANDRASHEKARA T AGED ABOUT 55 YEARS S/O. THIRUMALEGOWDA J NO.2001/1, NEW STREET HINAKAL MYSORE 570 017 MEMBERSHIP NO.735
7. SRI KUMAR GOWDA S AGED ABOUT 65 YEARS S/O. LATE SIDDEGOWDA NO.2091, SUBBAIAH ROAD DEVARAJA MOHALLA MYSORE 570 001 MEMBERSHIP NO.555
8. SRI RAJU B.T.
AGED ABOUT 45 YEARS S/O. THAMMAIAH @ SHINGRI GOWDA NO.121, 4TH MAIN, 7TH CROSS VIVEKANANDA NAGAR RAMAKRISHNANAGAR, MYSORE-570001. MEMBERSHIP NO.21
9. SMT. APARNA M AGED ABOUT 35 YEARS W/O. RAJU B.T. NO.121, 4TH MAIN, 7TH CROSS VIVEKANANDA NAGAR RAMAKRISHNANAGAR, MYSORE 570001 MEMBERSHIP NO.23
10. SMT. NIVEDITHA B AGED ABOUT 42 YEARS W/O. JAGADEESH BABU H.K.
NO. 13, YASHODAR LAYOUT BOGADI 2ND STAGE MYSORE 570 026 MEMBERSHIP NO.269
11. SRI ARUNA R AGED ABOUT 41 YEARS
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S/O. RAMACHANDRA B NO.4119, 5TH MAIN, 11TH CROSS H BLOCK, DATTAGALLI 3RD STAGE MYSORE 570 022 MEMBERSHIP NO.557
12. SRI CHARANRAJ L AGED ABOUT 40 YEARS S/O. LINGARAJ NO.572, 2ND CROSS KAMATAGERI, NAZARBAD, MYSORE 570 010 MEMBERSHIP NO.722
13. SRI KIRAN R AGED ABOUT 38 YEARS S/O. RAMACHANDRA B NO.4119, 5TH MAIN, 11TH CROSS H BLOCK, DATTAGALLI 3RD STAGE MYSORE 570 022 MEMBERSHIP NO.558
14. SRI NAGARAJU S AGED ABOUT 67 YEARS S/O. SIDDAIAH NO.2792/3, 1ST CROSS, 1ST MAIN PAMPAVATHI ROAD, JAYANAGAR MYSORE 570 014 MEMBERSHIP NO.242
15.
SRI KANTHA M.S AGED ABOUT 50 YEARS S/O. SIDDAPPA M.R.
NO.88, NORTH OF 1ST STAGE SRINIVASACHAR BLOCK GAYATHRIPURAM MYSORE - 570 019 MEMBERSHIP NO.307
16. SMT. LATHMANI C AGED ABOUT 48 YEARS W/O. NAGARAJU NO.68, LALITHAMANI C TRIPURASUNDARI NILAYA VENKATALINGAIAH LAYOUT T.N. PURA ROAD, OPP. NANDINI DAIRY SIDDARTHANAGAR
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MYSORE 570 011 MEMBERSHIP NO.533
17. SRI RAMAKRISHNA P AGED ABOUT 65 YEARS S/O. LATE PAPANNA @ NARASIMHAIAH MEMBERSHIP NO.546
18. SMT. SHOBHARANI S S AGED ABOUT 59 YEARS W/O. RAMAKRISHNA P MEMBERSHIP NO.547
NO. 17 & 18 RESIDENTS OF NO. 1409/5 KOTHVAL RAMAIAH STREET DEVARAJA MOHALLA MYSORE-570001
19. SMT. SUNITHA J.L.
AGED ABOUT 51 YEARS W/O. SURESHKUMAR NO.50, 7TH MAIN, 8TH CROSS SARASWATHIPURAM MYSORE 570 009 MEMBERSHIP NO.545
20. SRI KANGASWAMY M AGED ABOUT 82 YEARS S/O LATE RANGAPPA NO.163/8, 2ND MAIN, 4H STAGE T.K. LAYOUT MYSORE - 570 023 MEMBERSHIP NO.760
21. SRI SURESHKUMAR P AGED ABOUT 60 YEARS S/O. LATE PUTTASWAMY GOWDA L NO.50, 7TH MAIN, 8D CROSS SARASWATHIPURAM, MYSORE 570 009 MEMBERSHIP NO.544
22. SMT. ANASUYA AGED ABOUT 65 YEARS W/O. Y.R. VENKATESH NO.269, 7TH MAIN ROAD J.P NAGARA C BLOCK
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MYSORE 570 008 MEMBERSHIP NO.15
23. SRI MALLEGOWDA H.B AGED ABOUT 72 YEARS S/O. MALLEGOWDA NO.348, 9TH MAIN C BLOCK, JP. NAGARA MYSORE 570 008 MEMBERSHIP NO.846
24. SRI RAMACHANDRA K.L AGED ABOUT 67 YEARS S/O. LINGE GOWDA NO.217, 11TH CROSS JANATHA NAGAR, T.K. LAYOUT MYSORE 570 002 MEMBERSHIP NO. 102
25. SRI SHIVASHANKARA P AGED ABOUT 51 YEARS S/O. PUTTASWAMY M NO.218, 6 CROSS SIII MAIN ROAD, HEBBAL 1 STAGE MYSORE 570 010 MEMBERSHIP NO. 288
26. SRI LINGARAJU B.L AGED ABOUT 61 YEARS S/O. LATE LINGAIAH NO.42, 8TH CROSS 2ND STAGE, BRINDAVAN EXTENSION MYSORE 570 020 MEMBERSHIP NO 298
27. SMT. DEEPA N AGED ABOUT 38 YEARS W/O. BRIJESH PATEL N NO.68, VENKATALINGAIAH LAYOUT T.
NARASIPURA ROAD NEAR KMF, MYSORE - 570 011 MEMBERSHIP NO.531
28.
SRI HAMSARAJ N AGED ABOUT 35 YEARS S/O. NEELAKANTA C NO.13/A, HAMSARAJ N SWIMMONG POOL ROAD
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SARASWATHIPURAM MYSORE 570 023 MEMBERSHIP NO.534
29. SRI BHADREGOWDA C.D.
AGED ABOUT 25 YEARS S/O. LATE DEVEGOWDA NO. 141, BYRAVESHWARA NILAYA 3RD MAIN, 1 CROSS, BANK EMPLOYEES COLONY BOGADI VILLAGE, MYSORE - 560 026 MEMBERSHIP NO.227
30. SMT. AKSHATHARAJ M.N AGED ABOUT 35 YEARS W/O. PURUSHOTHNUM S.R.
NO.27, 14TH MAIN RAGHAVENDRA NAGAR MYSORE 570 029 MEMBERSHIP NO.376
31. SRI LINGARAJU AGED ABOUT 60 YEARS S/O. SHIVANNA GOWDA H.B.
NO.352, LINGARAJU B.S.
2ND CROSS, 2ND STAGE BOGADI NORTH MYSORE 570 026 MEMBERSHIP NO.405
32. SRI ABHINANDAN N AGED ABOUT 36 YEARS S/O. NAGARAJ S 2ND MAIN, 1ST CROSS JAYANAGAR MYSORE 560 014 MEMBERSHIP NO. 1146
33. SRI RAVIKUMAR P AGED ABOUT 57 YEARS S/O. LATE PUTTASWAMY NO.1154, 2ND CROSS, KURUBAGERI LASKAR MOHALLA MYSORE 570 007 MEMBERSHIP NO.404
34. SRI SADASHIVA M.P.
AGED ABOUT 52 YEARS S/O. PANCHEGOWDA NO.170, ANIKETHANA ROAD
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P AND T BLOCK, KUVEMPUNAGAR MYSORE 570 023 MEMBERSHIP NO.638
35. SRI GURULINGAIAH S AGED ABOUT 55 YEARS S/O. SIDDAIAH N.L. NO.992, 6TH CROSS, 3RD STAGE KANAKADASA NAGAR, DATTAGALLI MYSORE 570023 MEMBERSHIP NO. 190
36. SRI MAHESH AGED ABOUT 55 YEARS S/O. LATE CHENNAPPA N NO.2916, 5TH CROSS KANTHARAJA URS ROAD SARASWATHIPURAM MYSORE - 570 009 MEMBERSHIP NO.245
37. SRI DARSHAN M.R.
AGED ABOUT 59 YEARS S/O. LATE RAMANINGE GOWDA NO.103, 2ND FLOOR, 2ND CROSS ANIKETHANA ROAD, KUVEMPUNAGAR MYSORE 570 023 MEMBERSHIP NO.680
38. SRI SRINIVAS KUMAR M AGED ABOUT 53 YEARS S/O. DR. M. MAHADEVAIAH NO.46, 8TH MAIN, 2ND CROSS SARASWATHIPURAM MYSORE - 570 009 MEMBERSHIP NO.240
39. SRI LINGARAJU AGED ABOUT 62 YEARS S/O. KARIYAPPA NO.1, KEB COLONY MAHADEVAPURA ROAD UDAYAGIRI, MYSORE -570 019 MEMBERSHIP NO.827
40. SMT.
THEJAKSHI H.S.
AGED ABOUT 53 YEARS
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NC: 2025:KHC:14612 WP No. 5237 of 2025
W/O. SATYANARAYANA V.S.
NZCHAHALLI VILLAGE, KOPPALUR, 3RD STAGE C-ZONE, J.P. NAGAR MYSORE 570 008 MEMBERSHIP NO.755
41. SRI SHARATH P.R AGED ABOUT 43 YEARS S/O. PARAMESHWARA NO.2919/1, 1 MAIN 5TH CROSS SARASWATHIPURAM MYSORE 570 008 MEMBERSHIP NO.77
42. SRI SATISH B AGED ABOUT 50 YEARS S/O. BORAPPA P NO.23, CH 5, 3RD CROSS, 4TH MAIN, JAYANAGARA MYSORE 570 014 MEMBERSHIP NO.330
43. SMT. RUKMINIAMMA H.R AGED ABOUT 65 YEARS W/O. PARAMESHWARA NO.2919/1, 1ST MAIN 5TH CROSS, SARASWATHIPURAM MYSORE 570 08 MEMBERSHIP NO.75
44. SMT. YAMUNA RANI B.N.
AGED ABOUT 45 YEARS W/O. SURESH M 8TH MAIN, 1ST STAGE BRINDAVAN EXTENSION MYSORE-570 020 MEMBERSHIP NO.295
45. SRI. NAGARAJU H S AGED ABOUT 57 YEARS S/O. BORAIAH @ SANNAIAH LINGAMBUDIKERE ROAD CHURCH OPP. CHURCH 1825, SRIRAMAPURA, 2 STAGE MYSORE-570 023, MEMBERSHIP NO. 56
46. SMT. MANJULA K.C.
AGED ABOUT 62 YEARS
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W/O. BHADRE GOWDA C.D.
NO. 141, BYRAVESHWARA NILAYA 3RD MAIN, 1 CROSS BANK EMPLOYEES COLONY BOGADI, MYSORE - 570 026 MEMBERSHIP NO.228
47. SRI VENKATARAJU N.H.
AGED ABOUT 55 YEARS S/O. HANUMAIAH NO.257, 6TH CROSS, 17TH CROSS E BLOCK, J.P. NAGARA MYSORE 570 008 MEMBERSHIP NO. 104
48. SRI KRISHNEGOWDA A.C.
AGED ABOUT 69 YEARS S/O. LATE CHIKKEGOWDA NO. 16, 1 CROSS, H.H. PALYA MANANDAVADI ROAD J.P. NAGAR, MYSORE - 570 008 MEMBERSHIP NO.382
49. SRI RAVINDRAKUMAR B.S.
AGED ABOUT 58 YEARS S/O. SUBBEGOWDA B S.R.P. ROAD, OPP. GOVT. NO.350, HOSPITAL, WARD NO.6 BANNUR-571 101 MEMBERSHIP NO.838
50. KOMALA A J AGED ABOUT 55 YEARS W/O DARSHAN M.R.
NO.103, I-BLOCK, ANIKETHANA ROAD, SOUTH 2ND CROSS, KUVEMPUNAGAR MYSORE-70023, MEMBERSHIP-681
51. SRI PRAKASH C.J.
AGED ABOUT 63 YEARS S/O. JAVARE GOWDA C.D.
NO.8, 25TH BLOCK MANASINAGAR, SHAKTHI NAGAR MYSORE, MEMBERSHIP NO.50
52.
SRI SHIVARAMEGOWDA B.N.
AGED ABOUT 65 YEARS
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13TH MAIN NEAR K D CIRCLE VIJAYANAGAR 2ND STAGE, MYSORE - 570 017 MEMBERSHIP NO. 1032
53. SRI SRINIVAS B.V.
AGED ABOUT 32 YEARS S/O. LATE VENKATESH NO. 1, 4TH CROSS, 9TH MAIN HALLI BOGADI BOGADI-570 016 MEMBERSHIP NO.1152
54. SRI VIJAYAKUMAR G.C.
AGED ABOUT 38 YEARS S/O. CHIKKALINGE GOWDA NO. 20, GANGARAHUNDI, M.K. HALLI POST, GANAGARA HUNDI MEMBERSHIP NO.1149
55. SRI PUTTEGOWDA D AGED ABOUT 75 YEARS S/O. LATE DEVAIAH WARD NO.6, THYAGARAJA MOHALLA NO.68, BANNUR - 571 101 MEMBERSHIP NO.834
56. SRI THEJESHWARA M AGED ABOUT 35 YEARS S/O. MALLE GOWDA H.B.
NO.348, 9TH MAIN C BLOCK, J.P. NAGARA MYSORE 570 008 MEMBERSHIP NO.847
57. MISS. DHARINI R AGED ABOUT 35 YEARS D/O. RANGASWAMY M NO. 163/B, 2ND MAIN 4TH STAGE, T.K. LAYOUT MYSORE 570 023 MEMBERSHIP NO.761
58. SRI SOMASHEKAR C.L AGED ABOUT 50 YEARS
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S/O. LINGE GOWDA C.E.
L-31, 6TH CROSS, UNIVERSITY HOUSING QUARTERS OF JAYACHAMARAJENDRA ENG. COLLEGE MANASA GANGOTHRI MYSORE 570 001 MEMBERSHIP NO.1109
59. SRI KRISHNEGOWDA M.L AGED ABOUT 50 YEARS S/O. LINGAIAH H.L.
MEMBERSHIP NO.570
60. SMT SHOBHA S.N.
AGED ABOUT 49 YEARS W/O KRISHNEGOWDA M.L.
MEMBERSHIP NO.569
NO. 59 & 60 RESIDENTS OF NO. 178, 23RD CROSS, 3RD A MAIN, D-BLOCK VIJAYANAGAR 3RD STAGE MYSORE-570013 MEMBERSHIP NO. 570
61. SRI VENKATESH D.R.
AGED ABOUT 74 YEARS S/O. LATE RANGE GOWDA NO.201, SRI RAMA NILAYA 1ST CROSS, HONNEGOWDA BLOCK HOOTAGALLI, MYSORE-570 018 MEMBERSHIP NO.167
62. SRI SHESHAGIRI N AGED ABOUT 73 YEARS S/O. LATE NARASIMHAIAH NO.18, 10TH CROSS C BLOCK J.P. NAGAR, MYSORE - 570 009, MEMBERSHIP NO.385
63. SRI SIDDEGOWDA S.S.
AGED ABOUT 56 YEARS S/O. SIDDE GOWDA K.S.
NO.859, 23RD MAIN, 2ND STAGE J.P. NAGAR, NEAR JSS PUBLIC SCHOOL MYSORE 570 031 MEMBERSHIP NO.1083
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64.
SRI SRINIVASAIAH K AGED ABOUT YEARS S/O. LATE KEMPEGOWDA NO.157, MUDA EMPLOYEES LAYOUT PADUVANA ROAD OPP. KUVEMPUNAGAR WATER TANK MYSORE 570 023
65. SRI GOVINDARAJU J AGED ABOUT YEARS S/O. LATE JAVARAPPA NO. 12, 6TH MAIN, SARASWATHIPURAM MYSORE 570 009 MEMBERSHIP NO.624
66. SUMITHRA B.V.
AGED ABOUT YEARS W/O. GOVINDARAJU J NO. 12, 6TH MAIN, SARASWATHIPURAM MYSORE 570 009 MEMBERSHIP NO.625 …PETITIONERS (BY SRI. SHANTAKUMAR K C.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING AMBEDKAR VEEDI BENGALURU-560 001
2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE PRANTHA PUBLIC OFFICE BUILDINGS SAYAJI RAO ROAD MYSORE 570 024
3. THE ASST. REGISTRAR OF COOPERATIVE SOCIETIES MYSORE PRANTHA PUBLIC OFFICE BUILDINGS SAYAJI RAO ROAD, MYSORE-560 024
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4. THE RETURNING OFFICER NEGILA YOGI VIVIDODDESHA SOUHARDA SAHAKARI (R), MYSORE – 570006
5. THE CHIEF EXECUTIVE OFFICER NEGILA YOGI VIVIDODDESHA SOUHARDA SAHAKARI (R) MYSORE-570026 SOCIETY REGISTERED UNDER THE KARNATAKA CO-OP. SOCIETY ACT, 1958
THE CO-OPERATIVE ELECTIONS AUTHORITY 3RD FLOOR, SHANTHINAGAR, TTMC, A-BLOCK KENGAL HANUMANTHAIAH ROAD, BENGALURU-560027. REP BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. YOGESH D. NAIK.,AGA FOR R1 TO R4;
SRI. T.L.KIRAN KUMAR .,ADVOCATE FOR R6; R5-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 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 PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE RESPONDENT WHICH IS SCHEDULED TO BE HELD ON 23.02.2025 AND ETC. THIS WRIT 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
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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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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.: 71