Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10999 WP No. 6757 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6757 OF 2025 (CS-EL/M) BETWEEN:
1. SUNDRAMMA D/O SIDDALINGA SWAMY AGED ABOUT 45 YEARS
2. MAHADEVAMMA W/O S SANGAPPA AGED 40 YEARS
3. JAYAMMA W/O SHIVA MADAPPA AGED 50 YEARS
4. BASAVARAJAMMA D/O MAHADEVAPPA AGED 40 YEARS
5. THIMAMMA W/O DEVRAJ AGED 50 YEARS
6. PRAMILA D C W/O P SIDDALINGA SWAMY AGED 40 YEARS
7. GOWRAMMA D/O BHIME GOWDA AGED 45 YEARS
8. PREMA W/O SHIVANNA AGED 33 YEARS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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9. SAROJAMMA W/O CHIKKAPUTTE GOWDA AGED 40 YEARS
10. NILAMMA W/O S DAKSHINAMURTHY AGED 45 YEARS
11. MARISWAMY S/O YEDEYURAPPA AGED 50 YEARS
12. RAJANNA S/O PUTTA SWAMY AGED 52 YEARS
13. KUMAR S/O SHIVARUDRAPPA AGED 51 YEARS
14. SOMANNA S/O KULAPPA AGED 55 YEARS
15. SHIVAKUMAR SWAMY M S/O MADAPPA AGED 46 YEARS
16. P SIDDALINGA SWAMY S/O PRABHU SWAMY AGED 45 YEARS
17. RUSHABENDRA SWAMY S/O BASAVANNA AGED 48 YEARS
18. BASAVARAJU S/O SANGAPPA AGED 45 YEARS
19. PUTTARAM S/O THIMMAIAH AGED 40 YEARS
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20. NAGARAJU S/O PUTTE GOWDA AGED 50 YEARS
21. M SUMA W/O MALLIKARJUNA P AGED 40 YEARS
23. S RUDRAARADHYA W/O SHIVANNA AGED 45 YEARS
23. RAMESH S/O KARIKUNNA SHETTY AGED 49 YEARS
24. HIRE GOWDA S/O BASAVE GOWDA AGED 45 YEARS
25. GIRISH (THIMMARAJU) S/O THIMMEGOWDA AGED 55 YEARS
26. SWAMY S/O BHIME GOWDA AGED 45 YEARS
27. I A JAYANNA S/O ANNAPPA AGED 40 YEARS
28. I B SWAMY S/O BHIMAIAH AGED 40 YEARS
29. M RAJESH S/O MARI SWAMY AGED 48 YEARS
30. KUMAR S/O DEVARAJU AGED 40 YEARS
31. PUTTA SWAMY B S/O BORAIAH
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AGED 45 YEARS
32. NAGARAJU S/O GUNDE GOWDA AGED 48 YEARS
33. MARI SWAMY S/O MOLLE MARA BHOVI AGED 40 YEARS
34. THAYAMMA W/O PUTTA SWAMY AGED 40 YEARS
PETITIONERS NO. 1 TO 34 ARE R/AT IGGALURU VILLAGE AND POST, VERRUPAKSHIPURA HOBLI, CHANNAPATNA HOBLI RAMANAGARA DISTRICT-562183
35. NINGE GOWDA MALLE GOWDA S/O SIDDE GOWDA AGED 48 YEARS
36. BORE GOWDA S/O CHIKKA BORE GOWDA AGED 40 YEARS
37.
SIDDAIAH S/O PIDDE NAGE GOWDA AGED 40 YEARS
38. NAGEGOWDA S/O SANNE GOWDA AGED 48 YEARS
39. NAGE GWODA S/O SIDDE GOWDA AGED 44 YEARS
40. NINGE GOWDA S/O SIDDE GOWDA AGED 45 YEARS
41. MARI SWAMY S/O SANNE GOWDA
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AGED 48 YEARS
42. SIDDAPPA S/O CHIKKA SIDDE GOWDA AGED 40 YEARS
43. THIMME GOWDA S/O THIBBE GOWDA AGED 45 YEARS
44. CHIKKA BORE GOWDA S/O BORAPPA AGED 48 YEARS
45. SIDDE GOWDA S/O NAGE GOWDA MINKE GOWDA AGED 45 YEARS
46. CHIKKA LINGAMMA S/O CHIKDE GOWDA AGED 48 YEARS
47. BILE GOWDA S/O NINGE GOWDA AGED 40 YEARS
48. ANAND C S W/O SIDAMMA AGED 45 YEARS
49. SIDDARAJU S/O MALLE GOWDA AGED 48 YEARS
50. NAGARAJU C S/O CHIKKA SIDDE GOWDA AGED 40 YEARS
51. CHIKKA SIDDE GOWDA S/O SIDDE GOWDA AGED 45 YEARS
52. SIDDESH C M S/O MARI GOWDA AGED 48 YEARS
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53. NINGARAJU C N S/O NINGE GOWDA AGED 45 YEARS
54. CHIKKANA GOWDA S/O CHIKKANNA AGED 48 YEARS
55. SIDAPPA S/O CHIKKATHIMAIAH AGED 40 YEARS
56. NAGE GOWDA S/O BOGE GOWDA AGED 45 YEARS
57. SIDDARAJU S/O BORE GOWDA AGED 48 YEARS
58. SHENE GOWDA S/O THIMME GOWDA AGED 40 YEARS
59. C N SHIVANNA S/O NATHE GHOWDA AGED 45 YEARS
60. GADDE GOWDA S/O MARI GOWDA AGED 48 YEARS
61. CHIKANNA S/O MARI GOWDA AGED 40 YEARS
62. KARI GOWDA S/O NATHE GOWDA AGED 45 YEARS
63. SHIVALINGE GOWDA S/O BORAMMA AGED 48 YEARS
64. MARI SWAMY
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S/O KARI GOWDA AGED 40 YEARS
65. PUTTA SWMAY S/O THIBBE GOWDA AGED 45 YEARS
66. SIDAMMA W/O BORE NATHE GOWDA AGED 48 YEARS
PETITIONERS NO. 35 TO 66 ARE R/AT D B DODDE IGGALURU POST, VERRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562183
67. CHICK MOGA S/O HALE GOWDA AGED ABOUT 40 YEARS
68. MAHENDRA S/O BEERAIAH AGED 45 YEARS
69.
T SACHIN GOWDA S/O T THIMME GOWDA AGED 48 YEARS
70. SAGAR M R S/O RUDRAIAH AGED 40 YEARS
71. KRISHNA S/O KADE GOWDA AGED 48 YEARS
72. NAVEEN S/O MARI SHEERE GOWDA AGED 40 YEARS
73. KALAIAH S/O KALA NINGAIAH AGED 48 YEARS
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74. CHENNAMMA W/O JAWARAIAH GOWDA AGED 40 YEARS
PETITIONERS NO. 67 TO 74 ARE R/AT M G DODDE VILLAGE IGGALURU POST VERRUPAKSHIPURA HOBLI, CHANAPATNA TALUK RAMANAGARA DISTRICT-562183
75. M D RAJU S/O DYAVE GOWDA AGED 48 YEARS
76. KARI GOWDA S/O KUNDE GOWDA AGED 40 YEARS
77. SURESH S H S/O S HUCCHE GOWDA AGED 48 YEARS
78. S D MARI SWAMY S/O DEVE GOWDA AGED 40 YEARS
79. SRINIVAS S/O PUTTA SWMAY SIDDE GOWDA
80. PUTTAMMA W/O RAMAKRISHNE GOWDA AGED 40 YEARS
81. NAGESH S/O SIDDE GOWDA AGED 48 YEARS
82. NAGARAJU S/O MARI GOWDA AGED 40 YEARS
83. KULLE GOWDA S/O PUTTA RAME GOWDA AGED 48 YEARS
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84. PUTTA SWAMY S/O MAIHAIDAIAH AGED 40 YEARS
85. GAVI SIDDEAIH S/O KEMPAIAH AGED 48 YEARS
86. ANDANAPPA S/O CHIKKA MARIAPPA AGED 40 YEARS
87. SIDDAIAH S/O KEMPAIAH GOWDA AGED 48 YEARS
88. GURU SIDDAIAH S/O BORAIAH AGED 40 YEARS
89. CHIKKA THIMAIH S/O UCHEERAIAH AGED 48 YEARS
90. SHIVALINGAIAH S/O DODAIAH AGED 40 YEARS
91. MAHADEAVA S/O MADAIAH AGED ABOUT 48 YEARS
92. SANNAIAH S/O KARIAIAH AGED ABOUT 40 YEARS
93. GAVI SIDDAIAH S/O KEMPAIAH AGED ABOUT 48 YEARS
94. KARIAIAH S/O SIDDAIAH AGED ABOUT 40 YEARS
95. SIDDAIAH S
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S/O SIDDAIH AGED ABOUT 48 YEARS
96. SIDAMMA W/O SIDAIAH AGED ABOUT 40 YEARS
97. RENUKA W/O MAHADEVA AGED ABOUT 42 YEARS
PETITIONERS 75 TO 97 ARE R/AT. SARGURU VILLAGE, IGGALURU POST VERRUPAKSHI PURA HOBLI CHANNAPATNA TALUKU RAMANAGARA DISTRICT-562183
98.
ARUBERALAIH S/O SAVUAIAH AGED ABOUT 40 YEARS
99. KEMPE GOWDA N K S/O KENCHE GOWD AGED ABOUT 42 YEARS
100. KEMPE GOWDA S/O KENCHE GOWD AGED ABOUT 42 YEARS
101. MUTTAIAH S/O MANGAIAH AGED ABOUT 40 YEARS
102. GIRIAIAH S/O KARI DASAIAH AGED ABOUT 42 YEARS
103. JAYALAKSHMI W/O MUTTA RAJU AGED ABOUT 40 YEARS
104. PUTTAMMA W/O GIRIAIAH
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AGED ABOUT 42 YEARS
PETITIONERS 98 TO 104 ARE R/AT.NELMAKNHALLI IGGALURU POST VERRUPAKSHI PURA HOBLI CHANNAPATNA TALUKU RAMANAGARA DISTRICT-562183
105. SUNIL S/O MAHADEVAIAH AGED ABOUT 40 YEARS
106. ANKARAJU K M S/O MAHADEVAIAH AGED ABOUT 42 YEARS
107. MANJUNATH M S/O MARI SIDDIAH AGED ABOUT 40 YEARS
108. CHIKKATHAIAM D/O MAHADEVAMMA AGED ABOUT 40 YEARS
109. NAGARATHNA W/O ANKARAJU AGED ABOUT 40 YEARS KUNTANA DODDI
110. BHAGYAMMA W/O SIDDARAJU AGED ABOUT 40 YEARS
111. LAKSHMI W/O CHIKKA MADAIAH AGED ABOUT 40 YEARS
PETITIONERS 105 TO 111 ARE R/AT.KUNTANA DODDI IGGALURU POST VERRUPAKSHI PURA HOBLI CHANNAPATNA TALUKU RAMANAGARA DISTRICT-562183
112. NAGAHEDGE
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S/O HUCCHA HEGDE AGED ABOUT 52 YEARS
113. MUTTARAJU S/O N T NATHAIAH AGED ABOUT 50 YEARS
114. PRAJWAL N G S/O JAYARAME GOWDA AGED ABOUT 33 YEARS
115. RADHA S/O JAYA RAME GOWDA AGED ABOUT 50 YEARS
116. RAJESH NK S/O KARIAIAH AGED ABOUT 50 YEARS
117. YASHODAMMA S/O MARANKE GOWDA AGED ABOUT 50 YEARS
PETITIONERS 112 TO 117 ARE R/AT.NELAMANKNAHALLI IGGALURU POST VERRUPAKSHI PURA HOBLI CHANNAPATNA TALUKU RAMANAGARA DISTRICT-562183. 118. SHIVALINGE GOWDA S/O BORE GOWDA AGED ABOUT 52 YEARS
119. RAMESH S/O CHANNE GOWDA AGED ABOUT 52 YEARS
120. SIDDAPPA S/O NINGE GOWDA AGED ABOUT 52 YEARS
121. MADHU NC S/O CHIKKA SWAMY AGED ABOUT 52 YEARS
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PETITIONERS 118 TO 121 ARE R/AT.NODGODE VILLAGE IGGALURU POST VERRUPAKSHI PURA HOBLI CHANNAPATNA TALUKU RAMANAGARA DISTRICT-562183. 122.
SIDDESH S/O MARI GOWDA AGED ABOUT 52 YEARS
123. CHIKKA SIDE GOWDA S/O SIDDE GOWDA AGED ABOUT 52 YEARS
124. K T SUJATHA S/O SIDDAPPA AGED ABOUT 52 YEARS
PETITIONERS 122 TO 124 R/AT.C.B.DODDE VILLAGE IGGALURU POST VERRUPAKSHI PURA HOBLI CHANNAPATNA TALUKU RAMANAGARA DISTRICT-562183. …PETITIONERS (BY SRI. NATARAJ BABA K.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATION DEPARTMENT, M.S.BUILDINGS, BANGALORE-1. 2. THE REGISTRAR OF COOPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560 002 REP BY SECRETARY
(THE SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT)
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3. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, IN KARNATAKA NO.1, ALI ASKAR ROAD, BENGALURU-560 002. REP BY SECRETARY (THE SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT)
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS SECRETARY 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE 27,
(THE SOCIETY REGISTERED UNDER THE CO OP SOCIETY REGISTRATION ACT)
5. THE RETURNING OFFICER AND ELECTION OFFICER. IGGALURU VIVIDODDESHA PRATHAMIKA KRUSHI GRAMEENA SAHAKARA SANGHA VIRUPAKSHIPURA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT-562183
(REGISTERED UNDER CO OPERATIVE SOCIETIES ACT)
6. IGGALURU VIVIDODDESHA PRATHAMIKA KRUSHI GRAMEENA SAHAKARA SANGHA VIRUPAKSHIPURA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT-562183 REPRESENTED BY ITS CEO
(REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT)
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3 & R5;
SRI. T.L KIRAN KUMAR., ADVOCATE FOR R4;
SRI. JAI PRAKASH REDDY.M., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UDNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA ISSUE APPROPRIATE WRIT, ORDER OR DIRECTIONS DECLARING THAT CLAUSE (a-iv) AND (a-v) OF
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THE SUB-SECTION (2) OF SECTION 20 OF THE ACT AND SECTION 27-A OF THE ACT ARE ULTRA VIRES OF ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND THAT IT IS BEYOND THE LEGISLATIVE COMPETENCE OF THE STATE LEGISLATURE 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 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
1 W.P.No.8502/2022 dated 7.6.2022
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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:
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.
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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.: 2 Sl No.: 15