Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13112 WP No. 6174 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. 6174 OF 2025 (CS-EL/M) BETWEEN:
1. SMT. GIRIJA AGED ABOUT 42 YEARS W/O S. PUTTEGOWDA SHARE NO.54/19
2. SMT.VIJAYA AGED ABOUT 50 YEARS W/O S.SIDDARAJU SHARE NO.60/19
3. SMT.K.M.SHARMILA AGED ABOUT 38 YEARS W/O Y.B.PUTTASWAMY SHARE NO.67/19
1 TO 3 ARE R/@ YADAGANAHALLI VILLAGE C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571 422
4. SMT.SUMITHRA AGED ABOUT 40 YEARS W/O RAJU SHARE NO.71/19
5. SRI G.H.ANIL KUMAR AGED ABOUT 35 YEARS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13112 WP No. 6174 of 2025
BHANUMEGOWDA SHARE NO.89/19
4 AND 5 R/@ GOPAHALLI VILLAGE C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571 422
6. SMT.KEMPAMMA AGED ABOUT 65 YEARS W/O THIMMEGOWDA SHARE NO.124/19
7. SMT.Y.C.POORNIMA AGED ABOUT 32 YEARS W/O SHANKARA SHARE NO.146/19
8. SMT.S.C.NAGARATHNAMMA AGED ABOUT 50 YEARS W/O E.EREGOWDA SHARE NO.154/19
9. SMT.C.RANJITHA AGED ABOUT 35 YEARS W/O Y.E.SUNIL KUMAR SHARE NO.179/19
10. SMT.SHAKUNTHALA AGED ABOUT 45 YEARS W/O Y.R.RAMAKRISHNA SHARE NO.180/19
11. SMT.Y.C.SUSHMA AGED ABOUT 32 YEARS W/O K.CHIKKANNA
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NC: 2025:KHC:13112 WP No. 6174 of 2025
SHARE NO.1/20
12. SMT.G.M.SHILPA SHREE AGED ABOUT 40 YEARS W/O N.C.SIDDARAJU SHARE NO.2/20
6 TO 12 ARE R/@ YADAGANAHALLI VILLAGE C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT- 571 422
13. SMT.S.GANGAMMA AGED ABOUT 45 YEARS W/O Y.E.CHIKKEGOWDA SHARE NO.10/20
14. SRI ABHIJITH AGED ABOUT 35 YEARS S/O E.EREGOWDA SHARE NO.49/20
15. SMT.LAKSHMAMMA AGED ABOUT 68 YEARS W/O BASAVEGOWDA @ CHIKKAMOGA SHARE NO.89/21
16. SMT.BORAMMA AGED ABOUT 75 YEARS W/O KALANA JAVARAYI SHARE NO.115/21
13 TO 16 ARE R/@ YADAGANAHALLI VILLAGE C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571 422
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NC: 2025:KHC:13112 WP No. 6174 of 2025
17. SRI CHUNCHAIAH @ BOKALAIAH AGED ABOUT 65 YEARS S/O NARAVAIAH SHARE NO.128/21
18. SMT.KRISHNAMMA AGED ABOUT 68 YEARS W/O SIDDAIAH SHARE NO.50/22
19. SRI VENKATAIAH AGED ABOUT 60 YEARS S/O CHIKKA VENKATAIAH SHARE NO.91/22
20. SMT.MAHADEVAMMA AGED ABOUT 65 YEARS W/O MARIGOWDA SHARE NO.127/22
17 TO 20 R/@ GOPAHALLI VILLAGE C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571 422
21. SRI Y.T.THIMMARAJU AGED ABOUT 35 YEARS S/O Y.B.THIMMEGOWDA SHARE NO.165/22
22. SRI KENCHEGOWDA AGED ABOUT 62 YEARS S/O D.SIDDEGOWDA SHARE NO.174/22
23.
SRI Y.E.CHIKKEGOWDA
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NC: 2025:KHC:13112 WP No. 6174 of 2025
AGED ABOUT 50 YEARS S/O EREGOWDA @ SATTUTTEGOWDA SHARE NO.16/23
24. SMT.PUTTA NANJAMMA AGED ABOUT 60 YEARS W/O SHIVALINGEGOWDA SHARE NO.42/23
25. SRI THIMMEGOWDA AGED ABOUT 50 YEARS S/O KULLEGOWDA KEMPEGOWDA SHARE NO.72/23
26. SRI Y.B.SHIVAKUMAR AGED ABOUT 48 YEARS S/O S.BASAVEGOWDA SHARE NO.91/23
27. SMT.GOWRAMMA AGED ABOUT 65 YEARS W/O MALLEGOWDA NINGEGOWDA SHARE NO.99/23
28. SMT.B.RATHNAMMA AGED ABOUT 45 YEARS W/O KENCHEGOWDA SHARE NO.13/24
29. SRI Y.K.BASAVARAJU AGED ABOUT 32 YEARS S/O Y.S.KENCHEGOWDA SHARE NO.103/24
30. SMT.PADMA
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NC: 2025:KHC:13112 WP No. 6174 of 2025
AGED ABOUT 65 YEARS W/O K.RAMU SHARE NO.113/24
31. SRI HOMBAIAH @ DODDAKULLAIAH AGED ABOUT 48 YEARS S/O HOMBAIAH @ MOTAIAH SHARE No.156/24
32. SRI Y.C.BOMMEGOWDA AGED ABOUT 40 YEARS S/O CHIKKABOMMEGOWDA SHARE NO.171/24
33. SMT.ASHWINI AGED ABOUT 38 YEARS W/O SHEKARA SHARE NO.110/25
34. SMT.SHARADAMMA AGED ABOUT 60 YEARS W/O Y.B.THIMMEGOWDA SHARE NO.117/25
35. SMT.PADMA AGED ABOUT 55 YEARS W/O CHALUVARAJU SHARE NO.121/25
36. SMT.K.BHAGYA AGED ABOUT 45 YEARS W/O PUTTASWAMY SHARE NO.131/25
37. SMT.KEMPAMMA
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NC: 2025:KHC:13112 WP No. 6174 of 2025
AGED ABOUT 56 YEARS W/O BEVUREGOWDA SHARE NO.123/19
38. SMT.D.C.SHYLAJA AGED ABOUT 38 YEARS W/O BOMMEGOWDA SHARE NO.143/19
39. SRI Y.S.SHANKARA AGED ABOUT 48 YEARS S/O SIDDEGOWDA SHARE NO.69/21
40. SMT.VINUTHA AGED ABOUT 38 YEARS W/O Y.M.NAGARAJU SHARE NO.10/25
41. SMT.B.S.SAROJA AGED ABOUT 45 YEARS W/O Y.H.SHIVAPRAKASH SHARE NO.157/25
42. SMT.NAGARATHNA AGED ABOUT 45 YEARS W/O SHANKARANANDA SHARE NO.177/25
43 SMT.Y.E.SUNITHA AGED ABOUT 38 YEARS W/O Y.M.KRISHNA SHARE NO.44/21
44. SRI SANNEGOWDA
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NC: 2025:KHC:13112 WP No. 6174 of 2025
AGED ABOUT 70 YEARS S/O G.HANUMEGOWDA SHARE NO.77/22
45. SRI E.RAJU AGED ABOUT 53 YEARS S/O ERAIAH SHARE NO.194/22
46. SRI Y.K.PUNEETH KUMAR AGED ABOUT 29 YEARS S/O B.KEMPEGOWDA SHARE NO.136/25
47. SMT.GOWRAMMA AGED ABOUT 65 YEARS W/O C.SIDDEGOWDA SHARE NO.131/23
48. SMT.SIDDAMMA AGED ABOUT 65 YEARS W/O SANNEGOWDA SHARE NO.187/23
49.
SMT.H.S.GEETHA AGED ABOUT 40 YEARS W/O Y.T.THIMMEGOWDA SHARE NO.178/24
21 TO 49 ARE R/@ YADAGANAHALLI VILLAGE C.A.KERE HOBLI, MADDUR TALUK MANDYA DISTRICT-571 422. 50 SMT.BHAGYAMMA AGED ABOUT 60 YEARS
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NC: 2025:KHC:13112 WP No. 6174 of 2025
W/O K.SHIVALINGEGOWDA SHARE NO.190/24 R/@GOPAHALLI VILLAGE C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT -571 422. …PETITIONERS (BY SRI KANTHARAJU C S, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU -560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. ‘A’ BLOCK SHANTHI NAGAR BENGALURU-560 027 REPRESENTED BY ITS SECRETARY
3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETY/ DISTRICT ELECTION OFFICER DISTRICT OFFICE, SUBHASH NAGAR 1ST CROSS, MANDYA DISTRICT-573 201. 4. RETURNING OFFICER YADAGANAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETIES LTD., YADAGANAHALLI C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571 422
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NC: 2025:KHC:13112 WP No. 6174 of 2025
5. YADAGANAHALLI MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETIES LTD., YADAGANAHALLI REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT, 1959 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER C.A.KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571 422 …RESPONDENTS
[BY SRI YOGESH D. NAIK, AGA FOR R1, R3 AND R4(MEMO OF APPEARANCE NOT FILED);
SRI T.L.KIRAN KUMAR, ADVOCATE FOR R2 (VAKALATH NOT FILED);
SRI NAYEEM PASHA.S, ADVOCATE FOR R5]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2, 3, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 03.03.2025 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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NC: 2025:KHC:13112 WP No. 6174 of 2025
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
1 W.P.No.8502/2022 dated 7.6.2022
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NC: 2025:KHC:13112 WP No. 6174 of 2025
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:
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.
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NC: 2025:KHC:13112 WP No. 6174 of 2025
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
MR List No.: 2 Sl No.: 58