Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 18487 (KAR)

MADHU RAO H A v. THE STATE OF KARNATAKA

WP/6102/2025 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13147 WP No. 6102 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. 6102 OF 2025 (CS-EL/M) BETWEEN: 1. MADHU RAO H A, S/O AJJE GOWDA H.A., AGED ABOUT 77 YEARS, MEMBER SHIP NO.1277. 2. BALARAJ H B, S/O BILIGOWDA H.A. AGED ABOUT 74 YEARS, MEMBER SHIP NO. 1278. 3. VISHWANATH GOWDA K.M., S/O MALLEGOWDA K.P., AGED ABOUT 78 YEARS, MEMBER SHIP NO. 1337. 4. JAYAPRAKASH H.B., S/O BYREGOWDA H, AGED ABOUT 77 YEARS, MEMBER SHIP NO. 1594. 5. MANJUNATH H.G., S/O GUDDEGOWDA H.R., AGED ABOUT 70 YEARS, MEMBER SHIP NO. 1597. 6. SHIVARAJ H B, S/O BILIGOWDA H.A., AGED ABOUT 77 YEARS, MEMBER SHIP NO. 1680. 7. SHYLA VISHWANATHA GOWDA, W/O VISHWANATHA GOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO. 1683. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13147 WP No. 6102 of 2025 8. POORNESHA H.A. S/O AJJEGOWDA, AGED ABOUT 67 YEARS, MEMBER SHIP NO. 1730. 9. LAKSHMANA GOWDA U.N., S/O NINGEGOWDA U.B., AGED ABOUT 71 YEARS, MEMBER SHIP NO. 1779. 10. RAMACHANDRA H.B., S/O BYREGOWDA H, AGED ABOUT 75 YEARS, MEMBER SHIP NO. 1907. 11. RAVI H.A., S/O AJJE GOWDA H.A., AGED ABOUT 69 YEARS, MEMBER SHIP NO. 1913. 12. RAJEGOWDA N.M., S/O MONGANNAGOWDA N, AGED ABOUT 73 YEARS, MEMBER SHIP NO. 1914. 13. MOHAN H.P., S/O PUTTASWAMY H.S., AGED ABOUT 74 YEARS, MEMBER SHIP NO. 1968. 14. RAVISHANKAR H.R., S/O RAMEGOWDA H.B., AGED ABOUT 74 YEARS, MEMBER SHIP NO.2251. 15. SHILA D M, W/O BALARAJ H B, AGED ABOUT 67 YEARS, MEMBER SHIP NO.2423. 16. MAHENDRA H.M., S/O MALLAPPAGOWDA H.K., AGED ABOUT 67 YEARS, MEMBER SHIP NO.2430. - 3 - NC: 2025:KHC:13147 WP No. 6102 of 2025 17. MEGHARAJ H.M., S/O MALLAPPAGOWDA H.K., AGED ABOUT 65 YEARS, MEMBER SHIP NO.2432. 18. SHAMALA B.R., W/O SHIVARAJ, AGED ABOUT 71 YEARS, MEMBER SHIP NO.2435. 19. SHOBHA MADHU RAO, W/O MADHU RAO H.A, AGED ABOUT 73 YEARS, MEMBER SHIP NO.2438. 20. VASANTHAPPA D.H., S/O VASANTHAPPA D.M., AGED ABOUT 72 YEARS, MEMBER SHIP NO.2762. 21. RAVI D.S., S/O SUBBEGOWDA D.B., AGED ABOUT 67 YEARS, MEMBER SHIP NO.2903. 22. RUKMINI H.B., W/O APPANNA H.R., AGED ABOUT 69 YEARS, MEMBER SHIP NO.3007. 23. JANHAVI T.N., W/O RAVI H.A., AGED ABOUT 65 YEARS, MEMBER SHIP NO.3014. 24. VIKRAM M.P., S/O PUTTEGOWDA U.A., AGED ABOUT 69 YEARS, MEMBER SHIP NO.3140. 25. LOKESH D.S., S/O LATE SOMEGOWDA D, AGED ABOUT 56 YEARS, MEMBER SHIP NO.3394. - 4 - NC: 2025:KHC:13147 WP No. 6102 of 2025 26. HARINI K C, W/O POORNESHA H.A, AGED ABOUT 61 YEARS, MEMBER SHIP NO.3412. 27. ARUNDHATI BHASKAR. H, W/O BHASKAR H.V., AGED ABOUT 60 YEARS, MEMBER SHIP NO.3440. 28. ABDUL MAJEED, S/O ISMAIL S, AGED ABOUT 59 YEARS, MEMBER SHIP NO.3452. 29. MANIRAJ T.K., W/O RAJEGOWDA N.M., AGED ABOUT 65 YEARS, MEMBER SHIP NO.3532. 30. ANIL KUMAR B.B., S/O BUKKEGOWDA B, AGED ABOUT 58 YEARS, MEMBER SHIP NO.3564. 31. MANJUNATH H.B., S/O BILIGOWDA H.B., AGED ABOUT 55 YEARS, MEMBER SHIP NO.3672. 32. MAHESH H.B., S/O BILIGOWDA H.B., AGED ABOUT 53 YEARS, MEMBER SHIP NO.3673. 33. JAYANTHA A.A., S/O ANNEGOWDA A.B., AGED ABOUT 49 YEARS, MEMBER SHIP NO.4411. 34. THEERTHA H.R. W/O RAMACHANDRA H.B., AGED ABOUT 69 YEARS, MEMBER SHIP NO.4412. - 5 - NC: 2025:KHC:13147 WP No. 6102 of 2025 35. DINESHA B.A., S/O ANNEGOWDA B.K., AGED ABOUT 52 YEARS, MEMBER SHIP NO.4414. 36. SAROJA KRISHNAKUMAR H.A., W/O KRISHNAKUMAR K.A., AGED ABOUT 65 YEARS, MEMBER SHIP NO.4415. 37. RAJEGOWDA Y.P., S/O LATE PUTTASWAMY GOWDA Y.S., AGED ABOUT 64 YEARS, MEMBER SHIP NO.4524. 38. ARUNKUMAR M.J., S/O JAYAGOWDA M.B., AGED ABOUT 59 YEARS, MEMBER SHIP NO.4694. 39. ANIL KUMAR G.V., S/O YASUDEV G.N., AGED ABOUT 48 YEARS, MEMBER SHIP NO.4697. 40. KESHAVA H.Y. S/O YALLAPPA GOWDA H.R, AGED ABOUT 51 YEARS, MEMBER SHIP NO.4699. 41. BEMBLI D.R, S/O RAMEGOWDA D.A, AGED ABOUT 48 YEARS, MEMBER SHIP NO.4703. 42. PALLAVI H.V., W/O BEMBLI D.R, AGED ABOUT 44 YEARS, MEMBER SHIP NO.4704. 43. MALINI JAYANTHA, D/O GUNDE GOWDA D.N., AGED ABOUT 57 YEARS, MEMBER SHIP NO.4726. - 6 - NC: 2025:KHC:13147 WP No. 6102 of 2025 44. RAJEGOWDA A.B., S/O BETTEGOWDA, AGED ABOUT 72 YEARS, MEMBER SHIP NO.5083. 45. SWAROOP A.R, S/O RAMEGOWDA A.B., AGED ABOUT 59 YEARS, MEMBER SHIP NO.5302. 46. PRUTHVI H.M, S/O MADHURAO H.A, AGED ABOUT 47 YEARS, MEMBER SHIP NO.5310. 47. RAGHUDEV A K, S/O KENCHEGOWDA A.K., AGED ABOUT 67 YEARS, MEMBER SHIP NO.5359. 48. SUMITHA RAGHUDEV, W/O RAGHUDEV A.K., AGED ABOUT 59 YEARS, MEMBER SHIP NO.5373. 49. RAGHU D, S/O DEVIREGOWDA, AGED ABOUT 68 YEARS, MEMBER SHIP NO.5393. 50. MAMATHA, W/O RAGHUNATHA D, AGED ABOUT 58 YEARS, MEMBER SHIP NO.5394. 51. PAVAN CHAKARAVARTHI H.B., S/O BALARAJ H.B., AGED ABOUT 39 YEARS, MEMBER SHIP NO.5448. 52. LOHITA N.V., S/O VASANTHEGOWDA, AGED ABOUT 42 YEARS, MEMBER SHIP NO.5455. - 7 - NC: 2025:KHC:13147 WP No. 6102 of 2025 53. BOBY MAMPILLY, S/O SABASTIN MAMPILLY, AGED ABOUT 53 YEARS, MEMBER SHIP NO.5580. 54. GEETHA B.C. W/O DAYANANDA H.P., AGED ABOUT 50 YEARS, MEMBER SHIP NO.5620. 55. RAVI M.B., S/O BILIGOWDA M.N., AGED ABOUT 64 YEARS, MEMBER SHIP NO.5661. 56. KAVITHA K.P., W/O RAVI M.B., AGED ABOUT 55 YEARS, MEMBER SHIP NO.5662. 57. VINAY RAJ N.R., S/O RAJEGOWDA N.M., AGED ABOUT 39 YEARS, MEMBER SHIP NO.5688. 58. NITHIN K.V., S/O VISHWANATHA GOWDA K.M., AGED ABOUT 49 YEARS, MEMBER SHIP NO.5705. 59. NISHANTH K.V., S/O VISHWANATHA GOWDA K.M., AGED ABOUT 44 YEARS, MEMBER SHIP NO.5707. 60. UDAY KUMAR M.R., S/O RAMANNA M.K., MEMBER SHIP NO.5720. 61. SUSHRUTH U.C., S/O CHANDREGOWDA U.N., AGED ABOUT 33 YEARS, MEMBER SHIP NO.5780. - 8 - NC: 2025:KHC:13147 WP No. 6102 of 2025 62. CHANDRASHEKAR J.S., S/O SIDDAPPA J.N., AGED ABOUT 62 YEARS, MEMBER SHIP NO.5783. 63. HARIPRASAD C.B, S/O BASAVEGOWDA, AGED ABOUT 45 YEARS, MEMBER SHIP NO.5788. 64. GIRIPRASAD C.B, S/O BASAVEGOWDA H.P, AGED ABOUT 44 YEARS, MEMBER SHIP NO.5789. 65. PRABHAKAR N.R., S/O LATE RAMANNA GOWDA N.S, AGED ABOUT 76 YEARS, MEMBER SHIP NO.5804. 66. KULDEEP JAYAPRAKASH, S/O JAYAPRAKASH H.B., AGED ABOUT 46 YEARS, MEMBER SHIP NO.5860. 67. JAYADEEP JAYAPRAKASH, S/O JAYAPRAKASH H.B., AGED ABOUT 45 YEARS, MEMBER SHIP NO.5861. 68. SHRIRAMA U.L, S/O LAKSHMAN GOWDA U.N., AGED ABOUT 42 YEARS, MEMBER SHIP NO.5881. 69. MANJULA K.S, W/O SHESHEGOWDA G.M, AGED ABOUT 65 YEARS, MEMBER SHIP NO.6072. 70. SHESHEGOWDA G.M, S/O LATE MALLEGOWDA, AGED ABOUT 71 YEARS, MEMBER SHIP NO.6073. - 9 - NC: 2025:KHC:13147 WP No. 6102 of 2025 71. DEEPAK G.S., S/O SHEHEGOWDA G.M., AGED ABOUT 38 YEARS, MEMBER SHIP NO.6074. 72. SHEETHAL H.V., W/O VIRUPAKSHA H.N., AGED ABOUT 30 YEARS, MEMBER SHIP NO.6083. 73. HEMANTH RAMACHANDRA, S/O RAMACHANDRA P.H., AGED ABOUT 52 YEARS, MEMBER SHIP NO.6089. 74. HANBAL PRIYANKA HEMANTH, W/O HEMANTH RAMACHANDRA, AGED ABOUT 42 YEARS, MEMBER SHIP NO.6090. 75. SARATHY SOMAIAH, S/O SOMAIAH, AGED ABOUT 51 YEARS, MEMBER SHIP NO.6091. 76. HEGDE H.P., S/O PUTTEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO.2666. 77. RAMACHANDRA B.N, S/O NANJEGOWDA B, AGED ABOUT 68 YEARS, MEMBER SHIP NO.2988. 78. MENAKA K.N, W/O RAMACHANDRA B.N., AGED ABOUT 65 YEARS, MEMBER SHIP NO.3460. 79. SUDEESH D.K., S/O KALEGOWDA D.A, AGED ABOUT 55 YEARS, MEMBER SHIP NO.4706. - 10 - NC: 2025:KHC:13147 WP No. 6102 of 2025 80. SANDESH D.K. S/O KALEGOWDA D.A., AGED ABOUT 53 YEARS, MEMBER SHIP NO.4707. 81. CHANDREGOWDA A.B., S/O BETTEGOWDA, AGED ABOUT 55 YEARS, MEMBER SHIP NO.5313. 82. MAHENDRA M.V., S/O VITTALA GOWDA M K, AGED ABOUT 53 YEARS, MEMBER SHIP NO.5484. 83. SHWETHA U.P., W/O MAHENDRA M.V., AGED ABOUT 46 YEARS, MEMBER SHIP NO.5485. 84. VEERANDRA KUMAR A.D., S/O DEVARAJU A.S., AGED ABOUT 50 YEARS, MEMBER SHIP NO.5955. 85. PRAVEEN S.R., S/O RAMEGOWDA B, AGED ABOUT 45 YEARS, MEMBER SHIP NO.6085. 86. SANDEESH G.J., S/O JAGANNATHA G.B., AGED ABOUT 46 YEARS, MEMBER SHIP NO.6108. 87. SHAILESH K.P, S/O PUTTEGOWDA K.C., AGED ABOUT 77 YEARS, MEMBER SHIP NO.1715. 88. SHIVANNA H B, S/O BYREGOWDA H.B., AGED ABOUT 72 YEARS, MEMBER SHIP NO.2488. - 11 - NC: 2025:KHC:13147 WP No. 6102 of 2025 89. JAYAPRAKASH D.B., S/O BILIGOWDA D.B., AGED ABOUT 76 YEARS, MEMBER SHIP NO.2724. 90. DIWAKARA G.K., S/O KENCHAGOWDA G.R., AGED ABOUT 60 YEARS, MEMBER SHIP NO.3239. 91. DAMODAR J.K., S/O GUNDEGOWDA J.S., AGED ABOUT 67 YEARS, MEMBER SHIP NO.3358. 92. RAMESH D.S., S/O SHIVANNA GOWDA D.S., AGED ABOUT 65 YEARS, MEMBER SHIP NO.3569. 93. NAGESH M.C., S/O CHANNEGOWDA, AGED ABOUT 62 YEARS, MEMBER SHIP NO.3651. 94. RAMESH N.G., S/O GOPALEGOWDA N.J., AGED ABOUT 58 YEARS, MEMBER SHIP NO.3655. 95. KRISHNE GOWDA H.L., S/O LINGAPPA GOWDA H.S, AGED ABOUT 78 YEARS, MEMBER SHIP NO.4345. 96. CHANNAKESHAVEGOWDA M.V., S/O VEERAPPA GOWDA M.C., AGED ABOUT 68 YEARS, MEMBER SHIP NO.5042. 97. PRADEEP KUMAR H.N., S/O NANJAPPA GOWDA H.R., AGED ABOUT 53 YEARS, MEMBER SHIP NO.5737. - 12 - NC: 2025:KHC:13147 WP No. 6102 of 2025 98. PRASAD H.N., S/O NANJAPPA GOWDA H.R., AGED ABOUT 50 YEARS, MEMBER SHIP NO.5738. 99. VIJAYAKUMAR D.B., S/O LATE BILIGOWDA D.B., AGED ABOUT 71 YEARS, MEMBER SHIP NO.5874. 100. SHASHWATHI B, W/O SANDESH B.N., AGED ABOUT 38 YEARS, MEMBER SHIP NO.5963. 101. KUMAR K.S., S/O SANNEGOWDA K.M, AGED ABOUT 66 YEARS, MEMBER SHIP NO.3223. 102. RAMESH K.S, S/O SANNEGOWDA K.M, AGED ABOUT 68 YEARS, MEMBER SHIP NO.3224. 103. LOKESH K.S., S/O SANNEGOWDA K.M., AGED ABOUT 60 YEARS, MEMBER SHIP NO.3227. 104. THARA Y.T, D/O THIMMEGOWDA Y.B., AGED ABOUT 59 YEARS, MEMBER SHIP NO.3385. 105. RANJITH, S/O PUTTEGOWDA D.M., AGED ABOUT 48 YEARS, MEMBER SHIP NO.5600. 106. MALLESH GOWDA Y.N, S/O NANJGEGOWDA Y.D, AGED ABOUT 73 YEARS, MEMBER SHIP NO. 1653. - 13 - NC: 2025:KHC:13147 WP No. 6102 of 2025 107. DAMODAR Y.T., S/O THIMMEGODA Y.B, AGED ABOUT 62 YEARS, MEMBER SHIP NO.3355. 108. KRISHNA KUMAR Y.N, S/O NANJE GOWDA Y.D, AGED ABOUT 69 YEARS, MEMBER SHIP NO.4339. 109. PADMANABHA Y.N., S/O NANJE GOWDA Y.D, AGED ABOUT 64 YEARS, MEMBER SHIP NO.4340. 110. PRAGNA B.V, D/O B.D. VIJAYENDRA, AGED ABOUT 40 YEARS, MEMBER SHIP NO.5814. 111. TRUPTHI B.V., D/O B.D. VIJAYENDRA, AGED ABOUT 42 YEARS, MEMBER SHIP NO.5815. 112. SHYLA, W/O B.K.NAGESH, AGED ABOUT 55 YEARS, MEMBER SHIP NO.5961. 113. SHASHWATHI B, W/O B.N.SANDESH, AGED ABOUT 45 YEARS, MEMBER SHIP NO.5963. 114. B.S.MANJUNATH, S/O B.L.SANAPPAGOWDA, AGED ABOUT 65 YEARS, MEMBER SHIP NO.2777. 115. B.J.SHANKRE GOWDA, S/O JUNGEGOWDA, AGED ABOUT 74 YEARS, MEMBER SHIP NO.3383. - 14 - NC: 2025:KHC:13147 WP No. 6102 of 2025 116. K.K.SURESHA, S/O K.E.KRISHENGOWDA, AGED ABOUT 76 YEARS, MEMBER SHIP NO.2152. 117. B.S.ANUPGOWDA, S/O B.L.SANNAPPA GOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO.1704. 118. KRUPA B C, W/O B.D.VIJAYENDRA, AGED ABOUT 65 YEARS, MEMBER SHIP NO.3289. 119. B.C.GOKHALE, S/O B.H.CHANDRE GOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO.3290. 120. B.C.LAKSHIMISHA, S/O B.H.CHANDRE GOWDA, AGED ABOUT 56 YEARS, MEMBER SHIP NO.3291. 121. RENUKA, W/O B.K.RAMACHANDRE GOWDA, AGED ABOUT 65 YEARS, MEMBER SHIP NO.3293. 122. ANNEGOWDA B.M., S/O MANJEGOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO.3970. 123. SUMA, W/O ANNEGOWDA, AGED ABOUT 55 YEARS, MEMBER SHIP NO.3971. 124. BALAKRISHNA B.A., S/O APPANNA, AGED ABOUT 65 YEARS, - 15 - NC: 2025:KHC:13147 WP No. 6102 of 2025 MEMBER SHIP NO.3996. 125. B.K.PRUTHVI, S/O KARIGOWDA, AGED ABOUT 67 YEARS, MEMBER SHIP NO.4011. 126. ULLASA, W/O B.K.PRUTHVI, AGED ABOUT 60 YEARS, MEMBER SHIP NO.4012. 127. UMMAR B.B., S/O BEERANAKUTTI, AGED ABOUT 68 YEARS, MEMBER SHIP NO.4291. ALL ARE MEMBERS OF THE PLANTERS SAHAKARA SANGHA NIYAMITA, HASSAN, HASSAN DISTRICT-573 201. …PETITIONERS (BY SRI SHAMANNA B H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, HASSAN, HASSAN DISTRICT-573 201. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, HASSAN, HASSAN DISTRICT-573 201. - 16 - NC: 2025:KHC:13147 WP No. 6102 of 2025 5. THE PLANTERS SAHAKARA SANGHA NIYAMITA, P.B.NO.23, KARIGOWDA COLONY, B.M.ROAD, HASSAN, HASSAN DISTRICT-573 201. REPT., BY CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER, THE PLANTERS SAHAKARA SANGHA NIYAMITA, P.B.NO.23, KARIGOWDA COLONY, B.M.ROAD, HASSAN, HASSAN DISTRICT-573 201. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3, R-4 & R-6 [MA NOT FILED] SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2 [VK NOT FILED]) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 2 TO R-6 TO INCLUDE THE NAME OF THE PTITIONERS IN THE ELIGIBLE VOTERS LIST, WHO ARE NOW IN THE INELIGIBLE VOTERS LIST AS PER ANNEXURE-A AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 02/03/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; i. Issue a writ of mandamus directing the respondents No. 2 to 6 to include the name of the petitioners in the eligible voters list, who are now in - 17 - NC: 2025:KHC:13147 WP No. 6102 of 2025 the ineligible voters list as per Annexure-A and permit the petitioners to vote in the elections to the r-5 which is scheduled to be held on 02/03/2025 in the interest of justice and equity. ii. Such other directions or order writ as may deem fit to this Hon’ble Court may kindly be issued. 2. Learned counsel for the petitioner submits that no elections were held since the candidate was declared unanimously elected rendering the above petition infructuous. 3. Accepting the submission of the learned counsel for the petitioner, the petition is dismissed as having become infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 8