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High Court of Karnataka · body

2025 DAILYLAW 21418 (KAR)

SRI NIGEGOWDA v. THE STATE OF KARNATAKA

WP/8285/2025 · 2025-04-03

Suraj Govindaraj

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:16286 WP No. 8285 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. 8285 OF 2025 (CS-EL/M) BETWEEN: 1. SRI NINGEGOWDA, AGED ABOUT 65 YEARS, S/O CHANNEGOWDA, SHAMBOONAHALLI VILLAGE. 2. SMT. NINGAMMA, AGED ABOUT 75 YEARS, W/O KARI HEGDE, H MALLIGERE VILLAGE . 3. SRI. CHIKKANINGEGOWDA, AGED ABOUT 45 YEARS, S/O NINGEGOWDA, SAMPAHALLI VILLAGE. 4. SMT. BHOJAMMA, AGED ABOUT 78 YEARS, W/O M MHADEGOWDA, H MALLIGERE VILLAGE. 5. SRI. SHANKAR, AGED ABOUT 70 YEARS, S/O MADAIAH PILLAPPA, H MALLIGERE VILLAGE. 6. SRI. M.E KRISHNAIAH, AGED ABOUT 70 YEARS, S/O EERAIAH @ NATHAPPA, H MALLIEGERE VILLAGE. 7. SRI. BOREGOWDA, AGED ABOUT 68 YEARS, S/O D K BOREGOWDA, SHAMBOONAHALLI VILLAGE. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16286 WP No. 8285 of 2025 8. SMT. PUTTATHAYAMMA, AGED ABOUT 69 YEARS, W/O RAMANNA, H MALLIGERE VILLAGE. 9. SRI. M N KRISHNEGOWDA, AGED ABOUT 67 YEARS, S/O NINGAIAH KALANINGEGOWDA, H MALLIEGERE. 10. SRI. S C MANCHEGOWDA, AGED ABOUT 58 YEARS, S/O CHIKKEGOWDA, SHAMBOONAHALLI VILLAGE. 11. SRI. S K CHANNEGOWDA, AGED ABOUT 62 YEARS, S/O KALEGOWDA, SHAMBOONAHALLI VILLAGE. 12. SRI.PUTTASWAMI, AGED ABOUT 52 YEARS, S/O KALAIAH, SHAMBOONAHALLI VILLAGE. 13. SMT. LAKSHMAMMA, AGED ABOUT 51 YEARS, W/O MANCHEGOWDA, SAMPAHALLI VILLAGE. 14. SMT. JAYAMMA, AGED ABOUT 53 YEARS, S/O SHANKARAIAH, SHAMBOONAHALLI VILLAGE. 15. SRI. JAVAREGOWDA, AGED ABOUT 50 YEARS, S/O YALLAKI GENDEGOWDA, B HOSAHALLI VILLAGE. 16. SRI. S T SADHASHIVA, AGED ABOUT 49 YEARS, S/O THAMMAIAH, SAMPAHALLI VILLAGE. - 3 - NC: 2025:KHC:16286 WP No. 8285 of 2025 17. SRI. B M MAHADEVAIAH, AGED ABOUT 47 YEARS, S/O MADHAIAH BEERAGOWDANAHALLI VILLAGE. 18. SMT. NIRMALAMMA, AGED ABOUT 38 YEARS, S/O CHIKKAKALAIAH, SAMPAHALLI VILLAGE. 19. SRI. HOMMBEGOWDA, AGED ABOUT 39 YEARS, S/O ANKEGOWDA, SAMPAHALLI VILLAGE. 20. SMT. JAYAMMA, AGED ABOUT 65 YEARS, S/O CHIKKACHANNEGOWDA, SHAMBOONAHALLI VILLAGE. 21. SMT. THIMMAMMA, AGED ABOUT 70 YEARS, W/O BOREGOWDA, SHAMBOONAHALLI VILLAGE. 22. SMT. S M SHEELA, AGED ABOUT 54 YEARS, W/O PUTTARAMEGOWDA, SHAMBOONAHALLI VILLAGE. 23. SMT. PREMAMMA, AGED ABOUT 56 YEARS, W/O SHANTAMMA, H MALLIEGERE VILLAGE. 24. SRI. M M MADHEGOWDA, AGED ABOUT 48 YEARS, S/O MARIMADAIAH, H MALLIGERE VILLAGE. 25. SMT. SUNANDA, AGED ABOUT 50 YEARS, W/O NAGENDRA, H MALLIGERE VILLAGE. - 4 - NC: 2025:KHC:16286 WP No. 8285 of 2025 26. SMT. H K SHAILAJA, AGED ABOUT 52 YEARS, W/O BOGEGOWDA, H MALLIEGERE VILLAGE. 27. SMT. M PRAMILA, AGED ABOUT 54 YEARS, W/O M B CHANDRU, H MALLIGERE VILLAGE. 28. SMT. PADMA, AGED ABOUT 49 YEARS, W/O DEVARAJU, H MALLIEGER VILLAGE. 29. SRI.S C MADHUSUDHAN, AGED ABOUT 50 YEARS, S/O CHANNEGOWDA, SHAMBOONAHALII VILLAGE. 30. SRI. H M MANJU, AGED ABOUT 51 YEARS, S/O NINGEGOWDA MELLE, B HOSAHALLI VILLAGE. 31. SRI. NINGEGOWDA, AGED ABOUT 52 YEARS, S/O LINGAIAH, SAMPAHALLI VILLAGE. 32. SRI. S K RAMAKRISHNA, AGED ABOUT 58 YEARS, S/O VENKATEGOWDA KENCHEGOWDA, BEERAGOWDANAHALLI VILLAGE. 33. SRI. HANUMEGOWDA, AGED ABOUT 53 YEARS, S/O PA NINGEGOWDA, SAMPAHALLI VILLAGE. 34. SRI.B S SHIVARUDRAIAH, AGED ABOUT 60 YEARS, S/O KOTTAPPA @SHIVANNA, BEERAGOWDANAHALLI VILLAGE. - 5 - NC: 2025:KHC:16286 WP No. 8285 of 2025 35. SRI. B C NINGARAJU, AGED ABOUT 62 YEARS, S/O CHANNEGOWDA, BEERAGOWDANAHALLI VILLAGE. 36. SMT. CHIKKATAYAMMA, AGED ABOUT 59 YEARS, W/O CHIKKAIAH, SAMPAHALLI VILLAGE. 37. SMT. S B NINGAMMA, AGED ABOUT 54 YEARS, W/O NAGARAJU, SAMPAHALLI VILLAGE. 38. SRI.S C KRISHNA, AGED ABOUT 54 YEARS, S/O CHANNEGOWDA, SHAMBOONAHALLI VILLAGE. 39. SMT. CHANDRAMMA, AGED ABOUT 56 YEARS, W/O M B JAYARAMU, H MALLIGERE VILLAGE. 40. SMT. SAVITHA, AGED ABOUT 55 YEARS, W/O MANCHEGOWDA, SHAMBOONAHALLI VILLAGE. 41. SRI. KENCHAPPA, AGED ABOUT 60 YEARS, S/O PUTTAIAH @ KEMPAIAH, H MALLIEGERE VILLAGE. 42. SRI. NINGEGOWDA, AGED ABOUT 64 YEARS, S/O EERAIAH @ PUTTAPPA, H MALLIEGERE VILLAGE. 43. SRI. CHANDRASHEKAR, AGED ABOUT 56 YEARS, S/O CHANNEGOWDA, SHANMBOONAHALLI VILLAGE. - 6 - NC: 2025:KHC:16286 WP No. 8285 of 2025 44. SRI. S C YOGANANDA, AGED ABOUT 54 YEARS, S/O CHANNEGOWDA, SHAMBOONAHALLI VILLAGE. 45. SRI. H SHIVAMADAIAH, AGED ABOUT 51 YEARS, S/O HALLAGAIAH, BEERAGOWDANAHALLI VILLAGE. 46. SRI. CHANDRASHEKAR, AGED ABOUT 56 YEARS, S/O NINGEGOWDA, SHAMBOONAHALLI VILLAGE. 47. SMT. BORAMMA, AGED ABOUT 52 YEARS, W/O PUTTEGOWDA, SHAMBOONAHALLI VILLAGE. 48. SMT. NARASAMMA, AGED ABOUT 49 YEARS, W/O MARAIAH, H MALLIEGERE. 49. SMT. S J LAKSHMI, AGED ABOUT 56 YEARS, W/O S K MANCHEGOWDA, SHAMBOONAHALLI VILLAGE. 50. SMT. LAKSHMI, AGED ABOUT 58 YEARS, W/O KALEGOWDA S K, SHAMBOONAHALLI VILLAGE. 51. SMT. GOWRAMMA, AGED ABOUT 58 YEARS, W/O S K SIDDEGOWDA, SHAMBOONAHALLI VILLAGE. 52. SMT. BORAMMA, AGED ABOUT 60 YEARS, W/O NINGAIAH (KANIGADDAIAH), H MALLIGERE VILLAGE. - 7 - NC: 2025:KHC:16286 WP No. 8285 of 2025 53. SMT.SHARADHA, AGED ABOUT 65 YEARS, W/O S E KRISHNEGOWDA, SHAMBOONAHALLI VILLAGE. 54. SMT. JAYAMMA, AGED ABOUT 63 YEARS, W/O SHIVALINGEGOWDA, SAMPAHALLI VILLAGE. 55. SRI.B T SRINIVASA, AGED ABOUT 58 YEARS, S/O THIMMEGOWDA, B HOSAHALLI VILLAGE. 56. SRI. CHANNEGOWDA, AGED ABOUT 55 YEARS, S/O NINGARAJU, SHAMBOONAHALLI VILLAGE. 57. SRI. ANANDA, AGED ABOUT 58 YEARS, S/O NINGAIAH @ KARIAYAPPA, B HOSAHALLI VILLAGE. 58. SMT. MAMATHA, AGED ABOUT 54 YEARS, W/O NINGARAJU, SAMPAHALLI VILLAGE. 59. SRI. M C MAHADEVU, AGED ABOUT 59 YEARS, S/O CHIKKATAMMAIAH, H MALLIGERE VILLAGE. 60. SRI. S K YOGESH, AGED ABOUT 55 YEARS, S/O KALEGOWDA, SHAMBOONAHALLI VILLAGE. 61. SRI. S DEVARAJU, AGED ABOUT 50 YEARS, S/O SUBBEGOWDA, SAMPAHALLI VILLAGE. - 8 - NC: 2025:KHC:16286 WP No. 8285 of 2025 62. SMT. JAYAMMA, AGED ABOUT 62 YEARS, W/O M B CHIKKANNA, H MALLIGERE VILLAGE. 63. SMT. NINGAMMA, AGED ABOUT 59 YEARS, W/O KRISHNEGOWD, SAMPAHALLI VILLAGE. 64. SRI. S M SHIVA KUMAR, AGED ABOUT 57 YEARS, S/O MADAIAH @ BHOJAIAH, SAMPAHALLI VILLAGE. 65. SRI. B M MAHADEVAPPA, AGED ABOUT 55 YEARS, S/O MADAIAH, BEERAGOWDANAHALLI VILLAGE. 66. SMT. SHARADHA, AGED ABOUT 51 YEARS, W/O MADAIAH, H MALLIGERE VILLAGE. 67. SRI. S V KUMAR, AGED ABOUT 49 YEARS, S/O VENKATEGOWDA, SAMPAHALLI VILLAGE. 68. SMT. KAMALAMMA, AGED ABOUT 52 YEARS, W/O SUBBEGOWDA, SAMPAHALLI VILLAGE. 69. SMT. PUSHPALATHA, AGED ABOUT 51 YEARS, W/O M H KUMAR, H MALLIGERE VILLAGE. 70. SMT. NINGAMMA, AGED ABOUT 59 YEARS, W/O KARIYAPPA, BEERAGOWDANAHALLI VILLAGE. - 9 - NC: 2025:KHC:16286 WP No. 8285 of 2025 71. SRI. KUMAR, AGED ABOUT 60 YEARS, S/O NINAGAIAH, H MALLIGERE VILLAGE. 72. SMT. LAKSHMMA, AGED ABOUT 58 YEARS, W/O RAMMANNA, SAMPAHALLI VILLAGE. 73. SMT. YASHODAMMA, AGED ABOUT 49 YEARS, W/O KRISHNEGOWDA, SAMPAHALLI VILLAGE. 74. SRI. S G SATISHA, AGED ABOUT 50 YEARS, S/O GIRIGOWDA, SAMPAHALLI VILLAGE. 75. SMT. B N HEMAVATHI, AGED ABOUT 48 YEARS, W/O H C SHIVARAMU, SAMPAHALLI VILLAGE. 76. SRI. ANKEGOWDA, AGED ABOUT 52 YEARS, S/O HUCCHAIAH, SAMPAHALLI VILLAGE. 77. SRI. SIDDEGOWDA, AGED ABOUT 65 YEARS, S/O BOREGOWDA, SHAMBOONAHALLI VILLAGE. 78. SMT. GOWRAMMA, AGED ABOUT 56 YEARS, D/O BUKKAIAH @ HUCHAIAH, H MALLIGERE VILLAGE. 79. SMT. DAMAYANTHI, AGED ABOUT 53 YEARS, W/O MHADAIAH (PUTTAPPA), H MALLIEGERE VILLAGE. - 10 - NC: 2025:KHC:16286 WP No. 8285 of 2025 80. SRI. B PRABHAKAR, AGED ABOUT 54 YEARS, S/O BOREGOWDA, SHAMBOONAHALLI VILLAGE. 81. SRI. M K CHANDRAMOHANA, AGED ABOUT 52 YEARS, S/O EERAIAH @ RAMU, H MALLIGERE VILLAGE. 82. SRI. H Y RAJU, AGED ABOUT 50 YEARS, S/O YALLAKIGOWDA, B HOSAHALLI VILLAGE. 83. SMT. NAGARATHNAMMA, AGED ABOUT 58 YEARS, W/O KRISHNEGOWDA, SHAMBOONAHALLI VILLAGE. 84. SMT. S A PREMA, AGED ABOUT 53 YEARS, W/O SIDDARAMAIAH, SAMPAHALLI VILLAGE. 85. SRI.S C CHANDRASHEKAR, AGED ABOUT 38 YEARS, S/O S CHANNEGOWDA, H MALLIGERE. 86. SMT. KEMPAMMA, AGED ABOUT 50 YEARS, W/O N KALEGOWDA, SAMPAHALLI VILLAGE. 87. SMT. PUTTABORAMMA, AGED ABOUT 70 YEARS, W/O CHIKKANINGEGOWDA, SAMPAHALLI VILLAGE. 88. SMT.JAYALAKSHMI, AGED ABOUT 38 YEARS, W/O C J SWAMI, SAMPAHALLI VILLAGE. - 11 - NC: 2025:KHC:16286 WP No. 8285 of 2025 89. SRI ANJANAKUMAR, AGED ABOUT 65 YEARS, S/O NATHEGOWDA, H MALLIGERE VILLAGE. 90. SMT. SIDDAMMA, AGED ABOUT 75 YEARS, W/O HUCCHEGOWDA, SAMPAHALLI VILLAGE. 91. SRI. H S YOGANANDA, AGED ABOUT 70 YEARS, S/O HUCCHEGOWDA, SAMPAHALLI VILLAGE. 92. SRI. JAVARE GOWDA, AGED ABOUT 39 YEARS, S/O DOLLEGOWDA, SAMPAHALLI VILLAGE. 93. SRI.B M KUMAR, AGED ABOUT 48 YEARS, S/O MUDDEGOWDA, BEERAGOWDANAHALLI VILLAGE. 94. SRI. B S KRISHNEGOWDA, AGED ABOUT 61 YEARS, S/O SHIVALINGAIAH, BEERAGOWDANAHALLI VILLAGE. 95. SRI. S H KUMAR, AGED ABOUT 63 YEARS, S/O HUCCHEGOWDA, SAMPAHALLI VILLAGE. 96. SRI. RAMESH, AGED ABOUT 28 YEARS, S/O KRISHNAPPA GOWDAR, SAMPAHALLI VILLAGE. 97. SMT.NINGAMMA, AGED ABOUT 75 YEARS, W/O DODDALINGAIAH, SAMPAHALLI VILLAGE. - 12 - NC: 2025:KHC:16286 WP No. 8285 of 2025 98. SMT. JAYAMMA, AGED ABOUT 55 YEARS, W/O RAVI, SHAMBOONAHALLI VILLAGE. 99. SMT. KEMPAMMA, AGED ABOUT 49 YEARS, W/O GIRIGOWDA, B HOSAHALLI. 100. SRI. RAMALINGEGOWDA, AGED ABOUT 68 YEARS, S/O HUCHAIAH, SAMPAHALLI VILLAGE. 101. SRI. S A HOMBEGOWDA, AGED ABOUT 46 YEARS, S/O ANNKEGOWDA, SAMPAHALLI VILLAGE. 102. SMT.MAYAMMA, AGED ABOUT 68 YEARS, W/O MAYANNA, SHAMBOONAHALLI VILLAGE. 103. SMT. G L SUNANDHA, AGED ABOUT 42 YEARS, W/O BOOREGOWDA, SHAMBOONAHALLI VILLAGE. 104. SRI. SANTHOSH, AGED ABOUT 43 YEARS, S/O BASAVACHARI, SAMPAHALLI VILLAGE. 105. SRI.KANTHARAJU, AGED ABOUT 41 YEARS, S/O CHANNGOWDA, SHAMBOONAHALLI VILLAGE. 106. SRI. M S RAGHU, AGED ABOUT 28 YEARS, S/O SANNALINGAIAH, H MALLIGERE VILLAGE. - 13 - NC: 2025:KHC:16286 WP No. 8285 of 2025 107. SMT. CHANNAMMA, AGED ABOUT 75 YEARS, W/O MAYANNA, SHAMBOONAHALLI VILLAGE. 108. SRI. CHANNEGOWDA, AGED ABOUT 69 YEARS, S/O CHANNEGOWDA, SHAMBOONAHALLI VILLAGE. 109. SMT. KEMPAMMA, AGED ABOUT 63 YEARS, W/O NINGAPPA, B HOSAHALLI VILLAGE. 110. SMT. GAYATHRI, AGED ABOUT 61 YEARS, W/O CHIKKADASAIAH, B HOSAHALLI. 111. SRI M P SHIVANNA, AGED ABOUT 42 YEARS, S/O M H PUTTASWAMY, H MALLIGERE VILLAGE. 112. SRI.NAGESH, AGED ABOUT 71 YEARS, S/O H LINGAIAH, SAMPAHALLI VILLAGE. 113. SRI M H RAMAKRISHNA, AGED ABOUT 25 YEARS, S/O M E HUCCHEGOWDA, H MALLIGERE VILLAGE. 114. SRI M B MAHENDRA, AGED ABOUT 26 YEARS, S/O M D RAJU, H MALLIGERE VILLAGE. 115. SRI B P KISHORA, AGED ABOUT 27 YEARS, S/O PUTTASWAMY, BEERAGOWDANAHALLI VILLAGE. - 14 - NC: 2025:KHC:16286 WP No. 8285 of 2025 116. SMT. RANI, AGED ABOUT 25 YEARS, W/O SHEKAR, H MALLIGERE VILLAGE. 117. SRI VENKATESH, AGED ABOUT 29 YEARS, S/O GIRIGOWDA, B HOSAHALLI VILLAGE. 118. SMT.V SUJATHA, AGED ABOUT 45 YEARS, W/O RAMESH, SAMPAHALLI VILLAGE. 119. SMT. CHIKKALINGAMMA, AGED ABOUT 69 YEARS, W/O NAGANNA, B HOSAHALLI VILLAGE. 120. SMT. LAKSHMAMMA, AGED ABOUT 85 YEARS, W/O KALAIAH, SHAMBOONAHALLI VILLAGE. 121. SMT. YASHODAMMA, AGED ABOUT 39 YEARS, W/O PUTTASWAMY, SAMPAHALLI VILLAGE. 122. SMT. M L GAYATHRI, AGED ABOUT 29 YEARS, W/O DODDAHUCCHEGOWDA, SAMPAHALLI VILLAGE. 123. SRI M R AKASH GOWDA, AGED ABOUT 24 YEARS, S/O RAVIKUMAR, H MALLIGERE VILLAGE. 124. SMT. BHARATHI, AGED ABOUT 49 YEARS, W/O CHIKKA BOREGOWDA, H MALLIGERE VILLAGE. - 15 - NC: 2025:KHC:16286 WP No. 8285 of 2025 125. SMT. M K RANJITHA, AGED ABOUT 47 YEARS, W/O KARIYAPPA, H MALLIGERE VILLAGE. 126. SRI ANIL KUMAR, AGED ABOUT 61 YEARS, S/O KENCHEGOWDA, B HOSAHALLI VILLAGE. 127. SRI. C MAHENDRA, AGED ABOUT 61 YEARS, S/O CHIKKAIAH, SAMPAHALLI VILLAGE. 128. SMT. D AMBIKA, AGED ABOUT 42 YEARS, W/O CHANNEGOWDA M J, H MALLIGERE VILLAGE. 129. SMT. B MANGALA, AGED ABOUT 65 YEARS, W/O H S RAJU, B HOSAHALLI. 130. SMT. KAMALSAMMA, AGED ABOUT 70 YEARS, W/O KALEGOWDA, SHAMBOONAHALLI VILLAGE. 131. SRI. NAGARAJU S, AGED ABOUT 38 YEARS, S/O DODDAKARIYAIAH, SHAMBOONAHALLI VILLAGE. 132. SMT. LAKSHMI, AGED ABOUT 45 YEARS, W/O S K BASAVARAJU, SHAMBOONAHALLI VILLAGE. 133. SMT. GOWRAMMA, AGED ABOUT 42 YEARS, W/O NINGEGOWDA @ CHIKKANNA, SHAMBOONAHALLI VILLAGE. - 16 - NC: 2025:KHC:16286 WP No. 8285 of 2025 134. SMT. NINGAMMA, AGED ABOUT 27 YEARS, W/O GADDEGOWDA, BEERAGOWDANAHALLI VILLAGE. 135. SMT. PREMA, AGED ABOUAT 43 YEARS, W/O LAKSHMANA, BEERAGOWDANAHALLI VILLAGE. 136. SRI. R NANDEESH, AGED ABOUT 29 YEARS, S/O RAMASWAMI, SAMPAHALLI VILLAGE. 137. SMT. NAGARATHANA, AGED ABOUT 35 YEARS, W/O M R SHIVAKUMAR, SAMAPAHALLI VILLAGE. 138. SRI. KARTHIKA S.S, AGED ABOUT 68 YEARS, S/O CHANNEGOWDA, SHAMBOONAHALLI VILLAGE. 139. SM.T PADMA, AGED ABOUT 45 YEARS, W/O KRISHNEGOWDA, SAMPAHALLI VILLAGE. 140. SMT. SAVITRAMMA, AGED ABOUT 38 YEARS, W/O DAYAVAIAH, BEERAGOWDANANHALLI VILLAGE. 141. SRI. M RAVI, AGED ABOUT 51 YEARS, S/O MADAIAH, H MALLIGERE VILLAGE. 142. SMT. ANITHA, AGED ABOUT 69 YEARS, W/O B M NAGESH, B HOSAHALLI VILLAGE. - 17 - NC: 2025:KHC:16286 WP No. 8285 of 2025 143. SMT. KEERTHI M S, AGED ABOUT 36 YEARS, W/O S K KRISHNA, SHAMBOONAHALLI VILLAGE. 144. SRI. S B DIWAKARA, AGED ABOUT 48 YEARS, S/O BOREGOWDA, SHAMBOONAHALLI VILLAGE. 145. SRI. M B PRAMOD KUMAR, AGED ABOUT 49 YEARS, S/O BASAVARAJU, H MALLIGERE VILLAGE. ALL ARE RESIDING AT MANDYA TALUK, MANDYA DISTRICT-571 401. …PETITIONERS (BY SRI BHARATH KUMAR.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKARVEEDHI, BENGALURU-01. REP. BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, ALSO THE DISTRICT ELECTION OFFICER, OFFICE OF DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA -571 401. 3. VIVIDODESHA PRATHAMIKA GRAMINA KRUSHI SAHAKARA SANGHA NIYAMITHA, REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959 HEAD OFFICE, H MALLIGERE, MANDYA TALUK, MANDYA DISTRICT, MANDYA-571 401. REP. BY ITS SECRETARY. 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-27. REP. BY ITS SECRETARY. - 18 - NC: 2025:KHC:16286 WP No. 8285 of 2025 5. THE RETURNING OFFICER/ COMMISSIONER OF VIVIDODESHA PRATHAMIKA GRAMINA KRUSHI SAHAKARA SANGHA NIYAMITHA, MANDYA TALUK, MANDYA DISTRICT, MANDYA -571 401. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-2 & R-5; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-4; SRI VINAYA H, ADVOCATE FOR R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT PERMITTING THE PETITIONERS TO CAST THEIR VOTE IN THE ELECTIONS TO R-3, VIVIDODESHA PRATHAMIKA GRAMINA KRUSHI SAHAKARA SANGHA NIYAMITHA SCHEDULED TO BE HELD ON 23.03.2025 PURSUANT TO NOTIFICATION BEARING NO.NIL DATED NIL. THIS 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 1 W.P.No.8502/2022 dated 7.6.2022 - 19 - NC: 2025:KHC:16286 WP No. 8285 of 2025 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 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 - 20 - NC: 2025:KHC:16286 WP No. 8285 of 2025 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. 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 timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 81