Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14608 WP No. 7287 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. 7287 OF 2025 (CS-EL/M) BETWEEN:
1. SRI MUNIRAJU P V S/O. VENKATAPPA AGED ABOUT 71 YEARS RESIDING AT PARAMANAHALLI VAGATA AGRAHARA, HOSAKOTE TALUK BENGALURU RURAL-562114
2. SRI. NAVEEN P.R S/O. RAMACHANDRAPPA P.K AGED ABOUT 47 YEARS, RESIDING AT NO 22, PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL 562114
3. SMT. SUGUNA M W/O GANESH TK AGED ABOUT 44 YEARS RESIDING AT PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
4. SMT. RAJANI B K D/O. KRISHNAPPA AGED ABOUT 42 YEARS RESIDING AT PARAMANAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
5. SRI. VENKATESH PARAMANAHALLI RAJENDRA S/O RAJENDRA NANJAPPA AGED ABOUT 36 YEARS RESIDING AT 25-A, JADIGENAHALLI HOBLI PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14608 WP No. 7287 of 2025
6. SRI. RAJENDRA P.N S/O. P V NANJAPPA AGED ABOUT 66 YEARS RESIDING AT PRAMANAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
7. SMT. R.MANJULA W/O SHIVA MURTHY AGED ABOUT 62 YEARS RESIDING AT PARAMANAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
8. SMT. CHITRAKALA D.A D/O ANJINAPPA AGED ABOUT 42 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, HOSKOTE TALUK BENGALURU RURAL-562114
9. SMT. THRIVENI W/O RAMANNA AGED ABOUT 47 YEARS RESIDING AT PARAMANAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
10. SRI RAMANNA S/O. NARAYANAPPA AGED ABOUT 59 YEARS RESIDING AT 59, NEAR YELLAMMA TEMPLE PARAMANAHALLI, BENGALURU RURAL-562114
11. SMT. BINDURANI B.R W/O MANJUNATH P.R AGED ABOUT 43 YEARS RESIDING AT PARAMANAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
12. SRI. RAMANJINI GOWDA P.B S/O V.BASAPPA AGED ABOUT 72 YEARS RESIDING AT VAGATA AGRAHARA
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NC: 2025:KHC:14608 WP No. 7287 of 2025
PARAMAHALLI, BENGALURU RURAL-562114
13. SRI. JAYARAM P.N S/O NARAYANASWAMI P V AGED ABOUT 53 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, BENGALURU-562114
14. SRI. N.RAMANJEENI S/O. NARASHIMAPPA AGED ABOUT 60 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, BENGALURU-562114
15. SRI. RAMAMURTHY C S/O CHIKKANNA AGED ABOUT 57 YEARS RESIDING AT NO. 14, PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
16. SMT. RENUKA C W/O N.RAMANJINI AGED ABOUT 50 YEARS RESIDING AT 30, PARAMANAHALLI VILLAGE JADIGENAHALLI HOBLI, HOSAKOTE TALUK BENGALURU-562114
17. SMT SUNITA W/O SHRINIVASA AGED ABOUT 45 YEARS RESIDING AT 24, PARAMANAHALLI BENGALURU RURAL-562114
18. SRI. SRINIVASA P.N S/O NAGAPPA AGED ABOUT 47 YEARS RESIDING AT PARAMANAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
19.
SRI P.K RAGHU S/O KEMPANNA AGED ABOUT 45 YEARS RESIDING AT NO.43, PARANAHALLI, VAGATA AGRAHARA, BENGALURU RURAL-562114
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NC: 2025:KHC:14608 WP No. 7287 of 2025
20. SRI. P.M RAVINDRA KUMAR S/O. LATE MUNIYAPPA AGED ABOUT 52 YEARS RESIDING AT 36, VAGATA AGRAHARA PARAMANAHALLI, JADIGENAHALLI HOBLI HOSAKOTE TALUK, BENGALURU RURAL-562114
21. SRI P.R RAVINDRA KUMAR S/O P H RAMACHANDRAPPA AGED ABOUT 53 YEARS RESIDING AT VAGATA AGRAHARA PARAMAHALLI, BENGALURU RURAL-562114
22. SRI P.A NAGESH S/O. P N ANJINAPPA AGED ABOUT 45 YEARS RESIDING AT PARAMANAHALLI BENGALURU RURAL-562114
23. SRI ANIL KUMAR P.R S/O. RAMACHANDRAPPA P A AGED ABOUT 41 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
24. SMT. D.A MAMATHA W/O MANJUNATH B AGED ABOUT 35 YEARS RESIDING AT VAGATA AGRAHARA, PARAMANAHALI, HOSAKOTE TALUK BENGALURU RURAL-562114
25. SRI AVINASH P.R S/O. RAMANJINIGOWDA AGED ABOUT 39 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
26. SRI P.S RAJESH S/O P B SHIVAMURTHY AGED ABOUT 37 YEARS RESIDING AT PARAMANAHALLI
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NC: 2025:KHC:14608 WP No. 7287 of 2025
HOSAKOTE TALUK, BENGALURU RURAL-562114
27. SMT. SHASHIKALA D.B W/O RAGHU P.K AGED ABOUT 44 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
28. SRI RAMACHANDRAPPA P.K S/O PV KRISHNAPPA AGED ABOUT 67 YEARS RESIDING AT 22, VAGATA AGRAHARA PARAMANAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
29. SMT. L BHARATI D/O LANKAPPA AGED ABOUT 50 YEARS RESIDING AT PARAMANAHALLI, HOSAKOTE TALUK, BENGALURU RURAL-562114
30. SRI PRAKASH P.T S/O. THAMMEGOWDA AGED ABOUT 53 YEARS RESIDING AT PARAMAHALLI HOSAKOTE TALUK, BENGALURU RURAL-562114
31. SRI P.M RAMESH S/O LATE MUTTAPPA AGED ABOUT 53 YEARS RESIDING AT 93, VAGATA AGRAHARA PARAMAHALLI, HOSAKOTE TALUK BENGALURU RURAL-562114
32. SRI DWARAKISH P.M S/O. MUNISWAMI P AGED ABOUT 42 YEARS RESIDING AT VAGATA AGRAHARA PARAMANAHALLI, HOSAKOTE TALUK BENGALURU-562114 …PETITIONERS (BY SRI. SRIHARI A V.,ADVOCATE)
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NC: 2025:KHC:14608 WP No. 7287 of 2025
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR.
B.R AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK SHANTHI NAGAR, K.H.ROAD BENGALURU-560 027 REPRESENTED BY ITS SECRETARY
3. PARAMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, PARAMANAHALLI VILLAGE, JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL 562114 REP BY TIS CHIEF EXECUTIVE OFFICER (REGISTERED UDNER CO-OPERATIVE SOCIETIES ACT, 1959)
4. THE RETURNING OFFICER PARAMANAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LIMTIED PARAMANAHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL 562114
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R4;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. MOHANDAS RAO., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 16.03.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC. - 7 -
NC: 2025:KHC:14608 WP No. 7287 of 2025
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 any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral
1 W.P.No.8502/2022 dated 7.6.2022
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NC: 2025:KHC:14608 WP No. 7287 of 2025
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. iii. In the event of any proceeding being filed in relation to the results of the election under
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NC: 2025:KHC:14608 WP No. 7287 of 2025
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.: 0