Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16055 WP No. 8414 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8414 OF 2025 (CS-EL/M) BETWEEN:
1. M R KUMARA, S/O RAJEGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.112/9. 2. N P PUSHPA, W/O TAMAYACHAR, AGED ABOUT 38 YEARS, MEMBERSHIP NO.99/8. 3. G R RAVIKUMARA, S/O RAJEGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.41/7. 4. R DHARMPPA, S/O RANGEGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.80/6. 5. SEEMA, D/O KIRANKUMAR, AGED ABOUT 40 YEARS, MEMBERSHIP NO.172/9. 6. JAYARAMA, S/O DEVAGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.76/6. 7. M R VEDHAVATHI, W/O SURESH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.1/10. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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8. K R SHATHYAPRAKASHA, S/O RANGASWAMY, AGED ABOUT 45 YEARS, MEMBERSHIP NO.71/8. 9. A E JAYARAM, S/O EAREGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.19/5. 10. S R LAKEGOWDA, S/O RANGEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.37/8. 11. A R SHIVASWAMY, S/O RANGEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.13/6. 12. C S RAMEGOWDA, S/O SHIVAGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO 87/5. 13. B L VASU, S/O KALEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.93/10. 14. G P LINGARAJU, S/O LAKSHMEGOWDA, AGED ABOUT 62 YEARS, MEMBERSHIP NO.94/10. 15. A A BASAVRAJU, S/O APPAN GOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.39/8. 16. T RAMEGOWDA, S/O THIMMEGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.189/8. - 3 -
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17. DUNDAPPA B GIVARI, S/O BASAVALINGAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.99/6. 18. G MOHANA, S/O GUNDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.63/5. 19. S B MOHANA, S/O BASVEGOWDA, AGED ABOUT 68 YEARS, MEMBERSHIP NO.129/4. 20. K N GIDDEGOWDA, S/O NANJE GOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.64/8. 21. H C REVANNA, S/O CHANNAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.75/8. 22. C A CHANDRU, S/O ANNEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.22/6. 23. C A NAGARAJU, S/O APPANNA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.13/8. 24. M R KANTHARAJA, S/O M K RAMAIAH, AGED ABOUT 55 YEARS, MEMBERSHIP NO.159/8. 25. K R ASHOKUMAR, S/O RANGASHETTY, AGED ABOUT 55 YEARS, MEMBERSHIP NO.190/9. - 4 -
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26. ESHWARAPPA, S/O MALLIBAJNUNAPA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.60/6. 27.
N K BASVARAJU, S/O KRISHNAPPA, AGED ABOUT 62 YEARS, MEMBERSHIP NO.19/7. 28. B D SOMASHEKARA, S/O DEVEGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.68/7. 29. M S DHANALAXMI, W/O DEVARAJU, AGED ABOUT 40 YEARS, MEMBERSHIP NO. 143/9. 30. SHAFINAZ, S/O SOHEB UR RAHMAN, AGED ABOUT 45 YEARS, MEMBERSHIP NO.91/6. 31. D ANTHONY, S/O S DAVID, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 20/5. 32. VASANTHA, S/O W/O K R REVANNA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.112/10. 33. S S DEVARAJA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.51/5. 34. P V VIJAYA SHANKAR, S/O P C VERAIAH, AGED ABOUT 71 YEARS, MEMBERSHIP NO.117/5. - 5 -
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35. SATISH T, S/O TOTASWAMI, AGED ABOUT 46 YEARS, MEMBERSHIP NO. 41/6. 36. DORE SWAMY, S/O NANJAGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.100/9. 37. K SHIVANNA, S/O KARIGOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.129/9. 38. H LOKESHAPPA, S/O SANGAPPA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.111/9. 39. MARIGOWDA B, S/O BORAGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 49/6. 40. A R PARSHWANATHA, S/O RANGEGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.119/5. 41. S B CHANDRASHEKHAR, S/O BASPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO 25/8. 42. N D DORESWAMY, S/O DAVEGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 167/2. 43. K N PANDURANGA, S/O NAGARAJA, AGED ABOUT 64 YEARS, MEMBERSHIP NO. 60/7. - 6 -
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44. B N NAGENDRA, S/O NAGARAJA, AGED ABOUT 43 YEARS, MEMBERSHIP NO. 7/8. 45. SURYAKUMARA, S/O VENKANTGOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO. 186/8. 46. M K RAVIKUMARA, S/O KRISHNAGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.75/9. 47. M T MANJUNATHA, S/O THOPEEGOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO. 121/9. 48. SHILPA, W/O K B PRADEEPA, MEMBERSHIP NO. 71/10. 49. SHIVAPRASAD, S/O CHIKKEGOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO. 143/10. 50. CHETANA, S/O UGRAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.55/8. 51. M S MAHINDRA, S/O SWAMIGOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO. 23/7. 52.
A M JAVAREGOWDA, S/O MAYIGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 44/7. - 7 -
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53. KANTHARAJU, S/O RAJEGOWDA, AGED ABOUT 68 YEARS, MEMBERSHIP NO 22/7. 54. T B ERAPPA, S/O BASAPPA, AGED ABOUT 62 YEARS, MEMBERSHIP NO 61/6. 55. H A KUMARASWAMY, S/O ANNEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO 29/7. 56. K J NAGESHA, S/O JAVAREGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO 47/7. 57. KUMARA J M, S/O MASTIGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO. 14/7. 58. G H NAGARAJA, S/O HALKEREGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO 42/7. 59. REVANNA K, S/O GIDDEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO 88/8. 60. PRAKASHA A T, S/O LAXMANA, AGED ABOUT 48 YEARS, MEMBERSHIP NO. 150/9. 61. S A RAMESHA, S/O ANNAJIGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO. 45/7. - 8 -
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62. DIVAKARA, S/O HANEMANTHPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO. 108/5. 63. K L YOGANNA, S/O LAXMEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO 198/9. 64. G A BASAVARAJU, S/O APPANA, AGED ABOUT 55 YEARS, MEMBERSHIP NO 38/7. 65. RANGASWAMY, S/O RAJEGOWDA, AGED ABOUT 63 YEARS, MEMBERSHIP NO 97/5. 66. K G THAMMANA, S/O GIDDAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO 35/7. 67. M N SHANTNALA, D/O NANJEGOWDA, AGED ABOUT 42 YEARS, MEMBERSHIP NO 43/7. 68. M D SAMBAIAH, S/O DASAIAH, AGED ABOUT 57 YEARS, MEMBERSHIP NO 36/7. 69. LATHA H D, D/O DEVAGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO 25/9. 70. HEMAVATHI, W/O KUMARA C R, AGED ABOUT 43 YEARS, MEMBERSHIP NO 173/8. - 9 -
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71. H S THIRUNARAYANA IYENGAR, S/O NARAYANNAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO 129/2. 72. NAGARAJU, S/O THAMPPAGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 42/9. 73. PUTTEGOWDA, S/O LAXMEGOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO 106/8. 74. SHIVANNA, S/O HIRANIGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO 8/10. 75.
RAMABHADRAIAH, S/O VERABHADRAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO 93/5. 76. RANGASWAMY D B, S/O BERAGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO 85/8. 77. H C GIRESHA, S/O CHANGALREDDY, AGED ABOUT 52 YEARS, MEMBERSHIP NO 17/6. 78. B Y NANDEESHAPPA, S/O NADEESHA, AGED ABOUT 55 YEARS, MEMBERSHIP NO 17/6. 79. M J RAJEGOWDA, S/O JAVAREGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO 125/5. - 10 -
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80. M J NINGE GOWDA, S/O JAVAREGOWDA, AGED ABOUT 72 YEARS, MEMBERSHIP NO 129/5. 81. B T KRISHNAMURTHI, S/O THIMMAIH, MEMBERSHIP NO 25/5. 82. C SAMBASHIVA, S/O D CHANNAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO 35/5. 83. K P SHIVA KUMARA, S/O PUTTASWAMY, AGED ABOUT 48 YEARS, MEMBERSHIP NO 20/7. 84. PUSHAPA LATHA, S/O KALEGOWDA, AGED ABOUT 39 YEARS, MEMBERSHIP NO 12/10. 85. VEENA H S, W/O YOGESHA, AGED ABOUT 38 YEARS, MEMBERSHIP NO 96/9. 86. H C KRISHNAGOWDA, S/O CHENEGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO 1/8. 87. SHIVASUBRAMANYA RAJE URS, S/O ANANTRAJARAS, AGED ABOUT 55 YEARS, MEMBERSHIP NO 63/6. 88. B T MAYEGOWDA, S/O THAMANAGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO 74/6. - 11 -
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89. PRADEEP N, S/O N M NANJUNAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO 67/6. 90. DORESHA, S/O RAJEGOWDA, AGE ABOUT 50 YEARS, MEMBERSHIP NO 102/10. 91. K M S SHAHANAZ, S/O MOHAMMED KASIM, AGED ABOUT 45 YEARS, MEMBERSHIP NO 79/6. 92. A R SATISHA, S/O RAMESHETTY, AGED ABOUT 44 YEARS, MEMBERSHIP NO 156/8. 93. H R SUDHA, D/O RAJANNA, AGED ABOUT 40 YEARS, MEMBERSHIP NO 89/10. 94. PUNDARIKA, S/O BHIMAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO 70/6. 95. CHNDRAKANTHA RAJE URS, S/O BASAVARAJUURS, AGE ABOUT 55 YEARS, MEMBERSHIP NO 69/6. 96. GURUVAIAH, S/O RAMAIAH, AGED ABOUT 55 YEARS, MEMBERSHIP NO 91/5. 97. GOVINDAIAH, S/O THIMAYA, AGED ABOUT 75 YEARS, MEMBERSHIP NO 29/5. - 12 -
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98.
P SHEKARA, S/O PUTTASWAMYSHETTY, AGED ABOUT 50 YEARS, MEMBERSHIP NO 8/7. 99. ERARJA, S/O HALAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO 62/8. 100. M K SHIVARAJ, S/O KALEGOWDA, AGED ABOUT 38 YEARS, MEMBERSHIP NO 61/8. 101. JAYARAMA, S/O DEVAGOWDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO 76/6. 102. D C SAVITHA, S/O PAPPANNA, AGED ABOUT 45 YEARS, MEMBERSHIP NO 68/6. 103. B C KIRSHNA, S/O CHANNAIAH, AGED ABOUT 55 YEARS, MEMBERSHIP NO 155/8. 104. MANJUNTHAKATTI, S/O MALAPPAKATTI, AGED ABOUT 55 YEARS, MEMBERSHIP NO.71/6. 105. M R JOTHI, S/O RAMAIAH, AGED ABOUT 46 YEARS, MEMBERSHIP NO 78/6. 106. PUTTARAJEGOWDA, S/O PUTTAGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO 72/9. - 13 -
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107. S J SANTHOSHA, S/O JYOTHI PRAKASH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.154/9. 108. H R KALAVATHI, W/O LINGARAJU KOTE, AGED ABOUT 45 YEARS, MEMBERSHIP NO.169. 109. VITTALA LAMANI, S/O DHANASINGH, AGED ABOUT 55 YEARS, MEMBERSHIP NO.75/5. ALL ARE MEMBERS OF KARNATAKA STATE ROAD TRANSPORTING CORPORATION EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD, HASANA, HASANA TALUK, HASANA DISTRICT-573 201. …PETITIONERS (BY SRI SANDESH T B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, HASANA DISTRICT-573 201. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, HASANA DIVISION, HASANA, HASANA DISTRICT-573 201. - 14 -
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5. KARNATAKA STATE ROAD TRANSPORTING CORPORATION EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD, HASANA, HASANA TALUK, HASANA DISTRICT-573 201. REP. BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
6. THE RETURNING OFFICER, KARNATAKA STATE ROAD TRANSPORTING CORPORATION EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., HASANA, HASANA TALUK, HASANA DISTRICT-573 201.
(SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3, R-4, R-6;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2)
THIS WP IS FILED UNDER ARTICLES 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 VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.03.2025 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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
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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 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:
1 W.P.No.8502/2022 dated 7.6.2022
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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. 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.: 26