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2025 DAILYLAW 19326 (KAR)

SHASHIREKHA v. THE STATE OF KARNATAKA

WP/6309/2025 · 2025-03-21

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:13886 WP No. 6309 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6309 OF 2025 (CS-EL/M) BETWEEN: 1. SHASHIREKHA, W/O PAPACHARI, AGED ABOUT 45 YEARS, SHARE NO. 67/11. 2. SANNE GOWDA, S/O PAPE GOWDA, AGED ABOUT 65 YEARS, SHARE NO. 156/12. 3. JAGADISH K., S/O KRISHNA SHETTY, K. C., AGED ABOUT 65 YEARS, SHARE NO. 179/11. 4. SRINIVAS K., S/O KAMAKSHAYYA, AGED ABOUT 48 YEARS, SHARE NO. 40/12. 5. MOHAN KUMAR, S/O K. G. GOPAL RAO, AGED ABOUT 48 YEARS, SHARE NO. 14/12. 6. CHANDRU, S/O PUTTASWAMY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 37 YEARS, SHARE NO. 54/13. 7. HANEEF, S/O ABBUBAKAR K., AGED ABOUT 49 YEARS, SHARE NO. 119/14. 8. LATEEF V. A., S/O ABBUBAKAR V., AGED ABOUT 48 YEARS, SHARE NO. 120/14. 9. SUSHEELAMMA W/O ABBUBAKAR V., AGED ABOUT 63 YEARS, SHARE NO. 122/14. 10. RAMESH RAO, S/O PUNDALIK RAO, AGED ABOUT 60 YEARS, SHARE NO. 186/14. 11. GOWRISHANKAR P., S/O NANJUNDA SHETTY, AGED ABOUT 48 YEARS, SHARE NO. 83/15. 12. PREMA, W/O NARAYANA, AGED ABOUT 55 YEARS, SHARE NO. 155/15. 13. LOITH, S/O D. SHIVANNA, - 3 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 40 YEARS, SHARE NO. 154/15. 14. NARAYANSWAMY, S/O SANJEEVAIAH, AGED ABOUT 56 YEARS, SHARE NO. 194/15. 15. RAMEGOWDA, S/O PUTTEGOWDA, AGED ABOUT 48 YEARS, SHARE NO. 141/17. 16. ANNAJAPPA, S/O BASAVARAJAPPA, AGED ABOUT 65 YEARS, SHARE NO. 106/17. 17. CHANDRAMMA, W/O KALE GOWDA, AGED ABOUT 52 YEARS, SHARE NO. 185/17. 18. RAMEGOWDA, S/O BAPPEGOWDA, AGED ABOUT 46 YEARS, SHARE NO. 38/18. 19. LAKSHMI, W/O CHAYAPATHI, AGED ABOUT 70 YEARS, SHARE NO. 106/18. 20. NARAYANASWAMY, S/O RAMANNA SHETTY, - 4 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 51 YEARS, SHARE NO. 129/18. 21. NAVEEN KUMAR C. M., S/O MANJE GOWDA, AGED ABOUT 36 YEARS, SHARE NO. 190/18 22. KANAKADAS K. R., S/O RAJAMANI, AGED ABOUT 48 YEARS, SHARE NO. 186/18. 23. NINGARAJU, S/O KARIYAPPA, AGED ABOUT 55 YEARS, SHARE NO. 187/18. 24. GIRISHA, S/O MANACHURAIAH, AGED ABOUT 49 YEARS, SHARE NO. 62/19. 25. PADMA, S/O. CHANNAPPA, AGED ABOUT 47 YEARS, SHARE NO. 79/19. 26. RAGHU, S/O. RAJA MANI, AGED ABOUT 47 YEARS, SHARE NO. 18/20. 27. GANGAMMA, W/O. CHANNADASAIAH, - 5 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 70 YEARS, SHARE NO. 52/20. 28. PRAKASH, S/O. PAPANNA, AGED ABOUT 49 YEARS, SHARE NO. 61/20. 29. YASHODHA, W/O. KUMARA, AGED ABOUT 39 YEARS, SHARE NO. 26/20. 30. LAKSHMAMMA, W/O. VENKATARAMU, AGED ABOUT 47 YEARS, SHARE NO.69/20. 31. VIDYASHREE, W/O. PRAKASH, AGED ABOUT 35 YEARS, SHARE NO. 85/20. 32. SHIVANNA, S/O. VENKATASWAMI, AGED ABOUT 48 YEARS, SHARE NO. 93/20. 33. SHEKARA, S/O. SANJEEVAIAH, AGED ABOUT 44 YEARS, SHARE NO. 95/20. 34. BHEEMAIAH, S/O. THIMMAIAH, - 6 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 75 YEARS, SHARE NO. 97/20. 35. MANJAIAH, S/O. RANGAIAH, AGED ABOUT 70 YEARS. SHARE NO. 111/20. 36. BASAVARAJU, S/O. PUTTASWAMY, AGED ABOUT 60 YEARS, SHARE NO. 101/20. 37. DYAVAYYA, S/O. SINGARAIAH, AGED ABOUT 72 YEARS, SHARE NO. 112/20. 38. POORNIMA, W/O. SURYAKUMAR.K.V., AGED ABOUT 47 YEARS, SHARE NO. 120/20. 39. SWAMY K.N., S/O. NARASE GOWDA, AGED ABOUT 50 YEARS, SHARE NO. 132/20. 40. MARUTHI PRASAD, S/O. MANJUNATH SHETTY, AGED ABOUT 50 YEARS, SHARE NO. 153/20. 41. SRINIVAS K.R, S/O. RANGASWAMY H.D, - 7 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 48 YEARS, SHARE NO. 156/20. 42. LAKSHMAMMA, W/O. NAGARAJ, AGED ABOUT 67 YEARS, SHARE NO. 166/20. 43. RAMESHA, S/O. E. RAJE GOWDA, AGED ABOUT 41 YEARS, SHARE NO. 168/20. 44. SHIVANNA, S/O. SUBBEGOWDA, AGED ABOUT 53 YEARS, SHARE NO. 181/20. 45. JAGA, S/O. DOODAGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 182/20. 46. DEVARAJA, S/O. RAJEGOWDA, AGED ABOUT 47 YEARS, SHARE NO. 183/20. 47. MAHADEVACHARI, S/O. NANJAPPA CHARI, AGED ABOUT 48 YEARS, SHARE NO. 185/20. 48. MALLESH, S/O. JAVAREGOWDA, - 8 - NC: 2025:KHC:13886 WP No. 6309 of 2025 AGED ABOUT 52 YEARS, SHARE NO. 186/20. 49. PUTTEGOWDA., S/O. RAJE GOWDA, AGED ABOUT 60 YEAR, SHARE NO. 189/20. 50. PRUTHVI, S/O. SHAMBEGOWDA, AGED ABOUT 35 YEARS, SHARE NO. 193/20. 51. MEENAKSHI B. D., W/O RAJASHEKARA, AGED ABOUT 49 YEARS, SHARE NO. 199/20. 52. MAMATHA, W/O MANJUNATH, AGED ABOUT 46 YEARS, SHARE NO. 200/20. 53. PADMA, W/O SIDDEGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 40/21. 54. SUNEETHA, S/O SUBRAMANYA, AGED ABOUT 51 YEARS, SHARE NO. 46/21. 55. SUMITHRAMMA W/O SHANKARA, AGED ABOUT 48 YEARS, - 9 - NC: 2025:KHC:13886 WP No. 6309 of 2025 SHARE NO. 49/21. 56. NAGAMANI H. R., W/O VENKATESH K. L., AGED ABOUT 48 YEARS, SHARE NO. 55/21. 57. SHYLA, W/O GANESH, AGED ABOUT 46 YEARS, SHARE NO. 73/21. 58. VIJAY KUMAR, S/O RAMASHETTY D. R., AGED ABOUT 40 YEARS, SHARE NO. 85/21. 59. JAYLAKSHMI, W/O LOKESH RAO, AGED ABOUT 50 YEARS, SHARE NO. 99/21. 60. KUBERA, S/O JAVARE GOWDA, AGED ABOUT 55 YEARS, SHARE NO. 82/21. 61. RAGHAVENDRA, S/O NAGENDRA RAO, AGED ABOUT 47 YEARS, SHARE NO. 99A/21. 62. NAGARAJU M., S/O DEVARAJE GOWDA, AGED ABOUT 56 YEARS, SHARE NO. 115/21. - 10 - NC: 2025:KHC:13886 WP No. 6309 of 2025 63. VISHWANATHA K. N., S/O NARAYANA, AGED ABOUT 50 YEARS, SHARE NO. 117A/21. 64. KUMARA H. V., S/O. VEERABHADRAPPA, AGED ABOUT 47 YEARS, SHARE NO. 145/21. 65. JAYANTHI B. R., W/O NAGARAJU K. S., AGED ABOUT 42 YEARS, SHARE NO. 147/21. 66. MANJUNATH S. S., S/O SHIVANNA, AGED ABOUT 48 YEARS, SHARE NO. 150/21. 67. PREMA, D/O RAJU, AGED ABOUT 44 YEARS, SHARE NO. 146/21. 68. RENUKAMMA, W/O PUTTARAJU, AGED ABOUT 57 YEARS, SHARE NO.151/21. 69. MANI, W/O SRINIVASA K. R., AGED ABOUT 46 YEARS, SHARE NO. 174/21. - 11 - NC: 2025:KHC:13886 WP No. 6309 of 2025 70. HEMAVATHI M. K., W/O JAGADISH K. R., AGED ABOUT 52 YEARS, SHARE NO. 175/21. 71. PARAMESHWARA M. N., NANJEGOWDA, AGED ABOUT 67 YEARS, SHARE NO. 6A/22. 72. MANJEGOWDA N. R., S/O RAMEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 11/22. 73. VIJAY K. R., S/O RAMEGOWDA, AGED ABOUT 43 YEARS, SHARE NO. 23/22. 74. VENKATARAM, S/O NARAYANAIAH, AGED ABOUT 52 YEARS, SHARE NO. 34/22. 75. RAMACHARI, S/O SHAMBULINGACHAR, AGED ABOUT 33 YEARS, SHARE NO. 42/22. 76. RENUKAMMA, W/O LAKSHMAN SHETTY, AGED ABOUT 60 YEARS, SHARE NO. 58/22. - 12 - NC: 2025:KHC:13886 WP No. 6309 of 2025 77. MANJULA, W/O NAGARAJA, AGED ABOUT 56 YEARS, SHARE NO. 80/22. 78. RAMESHA, S/O RAMEGOWDA, AGED ABOUT 38 YEARS, SHARE NO. 118/22. 79. VENKATESHA, S/O GIRIGOWDA, AGED ABOUT 54 YEARS, SHARE NO. 131/22. 80. PUTTARAJU, S/O RUDREGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 146/22. 81. NIRVANI GOWDA K. R., S/O RAMEGOWDA, AGED ABOUT 64 YEARS, SHARE NO. 162/22. 82. BABU LAL, S/O KESHARAMJI, AGED ABOUT 64 YEARS, SHARE NO. 178/22. 83. SURESH KUMAR B., S/O BABU LAL, AGED ABOUT 38 YEARS, SHARE NO. 181/22. - 13 - NC: 2025:KHC:13886 WP No. 6309 of 2025 84. MANJU, S/O THIMMA BHOVI, AGED ABOUT 49 YEARS, SHARE NO. 1/23. 85. SATEESHA H. N., S/O NINGEGOWDA, AGED ABOUT 47 YEARS, SHARE NO. 33/23. 86. LATHA, W/O DEVARAJU K. G, AGED ABOUT 50 YEARS, SHARE NO. 38/23. 87. NINGAJAMMA, W/O BASAVARAJU, AGED ABOUT 63 YEARS, SHARE NO. 63/23. 88. DHARMA RAM, S/O CHOUAL, AGED ABOUT 45 YEARS, SHARE NO. 16/24. 89. INDRA, W/O DHARMARAM, AGED ABOUT 42 YEARS, SHARE NO. 17/24. 90. PRATAP K. P., S/O PARAMESHWARA, AGED ABOUT 35 YEARS, SHARE NO. 19/24. - 14 - NC: 2025:KHC:13886 WP No. 6309 of 2025 91. PRADEEP KUMAR, S/O MARIGOWDA, AGED ABOUT 35 YEARS, SHARE NO. 32/24. 92. VIMALA H. V., W/O SHANKARA A. P, AGED ABOUT 50 YEARS, SHARE NO. 52/25. 93. DILBAR, S/O ASIF ALIKHAN, AGED ABOUT 45 YEARS, SHARE NO. 41/17. ALL ARE THE MEMBERS OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LIMITED, KONANUR, ARKALAGUD TALUK, HASSAN DISTRICT - 573 130. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …PETITIONERS (BY SRI. SANDESH P NADIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATIVE, M. S. BUILDING, DR B. R. AMBEDKAR VIDHI, BANGALORE - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T. T. M.C. 'A' BLOCK, SHANTHINAGAR, BANGALORE - 560 027. REP. BY ITS SECRETARY. - 15 - NC: 2025:KHC:13886 WP No. 6309 of 2025 3. DEPUTY REGISTAR /DISTRICT ELECTION OFFICER, HOSA LINE ROAD, NEAR BASAVESHWARA KALYANA MANTAP, HASSAN HO, HASSAN - 573 201. 4. ASSISTANT REGISTRAR OF Co-OPERATIVE SOCIETIES, SAKALESHPURA SUB DIVISION, SAKALESHPURA, HASSAN DISTRICT - 573 134. 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LIMITED, KONANUR, ARKALAGUD TALUK, HASSAN DISTRICT - 573 130. BY ITS CHIEF EXECUTIVE OFFICER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE, SOCIETY LIMITED, KONANUR, ARKALGUD TALUK, HASSAN DISTRICT - 573 130. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SOMASHEKARA K.M., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 04.03.2025 AND ETC. - 16 - NC: 2025:KHC:13886 WP No. 6309 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 1 W.P.No.8502/2022 dated 7.6.2022 - 17 - NC: 2025:KHC:13886 WP No. 6309 of 2025 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. There is a serious allegation made by the counsel for respondent No.5 that some of the writ petitioners therein disqualified are included in the eligible voter list as also some of the persons who are included as eligible voters are officers/employees of the Co-operative societies. If that be so, if a dispute is raised under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 the concerned authority would have to take note of these allegations and take such action as required to be taken under the applicable law. 5. In that view of the matter, I pass the following: - 18 - NC: 2025:KHC:13886 WP No. 6309 of 2025 ORDER i) The Writ Petition is disposed of. ii) The Returning Officer of the above matters 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 of 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 AMM List No.: 1 Sl No.: 0