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2025 DAILYLAW 21834 (KAR)

SMT. NINGAMMA v. THE STATE OF KARNATAKA

WP/8708/2025 · 2025-04-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17000 WP No. 8708 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.8708 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. NINGAMMA W/O BOKALE NINGEGOWDA AGED ABOUT 65 YEARS R/AT CHANDAGALU VILLAGE DODDA HOBLI, MANDYA TALUK AND DIST. 2. SMT. NINGAMMA W/O ARALE KARIGOWDA AGED ABOUT 45 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 3. SRI. J. JAYAMMA W/O C. THIMMEGOWDA AGED ABOUT 50 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 4. SRI C.B. SHANKAREGOWDA S/O BAJI SIDDEGOWDA AGED ABOUT 65 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 5. SMT. RATHNAMMA W/O C.K. ANNEGOWDA AGED ABOUT 68 YEARS R/AT. CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17000 WP No. 8708 of 2025 6. SRI C.T SHIVAKUMAR S/O THAMMANNEGOWDA AGED ABOUT 50 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 7. SRI PAPANNA S/O SHIVANNA AGED ABOUT 55 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 8. SRI C.R. KRISHNEGOWDA S/O RAMEGOWDA AGED ABOUT 50 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 9. SRI.C.J. SHANKAREGOWDA S/O KULLAPPANA JOGIGOWDA AGED ABOUT 65 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 10. SMT. DEVAMMA @ MADHU MALATHI W/O JOGIGOWDA AGED ABOUT 60 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 11. SRI C.S. SHIVARAMU S/O BAJI SIDDEGOWDA AGED ABOUT 68 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 12. SMT. C.M. PREMA W/O L. HOMBEGOWDA AGED ABOUT 60 YEARS R/AT CHANDAGALU VILLAGE - 3 - NC: 2025:KHC:17000 WP No. 8708 of 2025 DUDDA HOBLI, MANDYA TALUK AND DIST. 13. SRI C.H. RAMESH S/O L. HOMBEGOWDA AGED ABOUT 55 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 14. SMT. SAVITHRAMMA W/O SHIVANNA AGED ABOUT 50 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 15. SMT. SUSHEELAMMA W/O NINGEGOWDA AGED ABOUT 45 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 16. SMT. H.V. YSHODAMMA W/O RAMESH BAJI AGED ABOUT 55 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 17. SRI C.K. CHANDRASHEKAR S/O. KARIGOWDA AGED ABOUT 40 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 18. SMT. K.B. SAVITHA W/O C.P. NINGARAJU AGED ABOUT 48 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. - 4 - NC: 2025:KHC:17000 WP No. 8708 of 2025 19. SRI. C.J. ANAND S/O MARI JOGIGOWDA AGED ABOUT 48 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 20. SMT. C.K. KAMALAMMA W/O C.S. DORESWAMY AGED ABOUT 55 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 21. SRI. RAMESH S/O SIDDEGOWDA AGED ABOUT 45 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 22. SRI K. GADDEGOWDA S/O C. JAYASWAMY AGED ABOUT 68 YEARS R/AT KURI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 23. SMT. BORAMMA W/O K. GADDEGOWDA AGED ABOUT 55 YEARS R/AT. KURI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 24. SRI K.G. SRIDHARA S/O K. GADDEGOWDA AGED ABOUT 60 YEARS R/AT. KURI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 25. SMT. NINGAMMA W/O KADEYARA NINGANNA AGED ABOUT 65 YEARS R/AT KURIKOPPALLU VILLAGE - 5 - NC: 2025:KHC:17000 WP No. 8708 of 2025 DUDDA HOBLI, MANDYA TALUK AND DIST. 26. SMT. PREMA M.G. W/O NINGAPPA KADEYANA NATHEGOWDA AGED ABOUT 65 YEARS R/AT KURIKOPPALLU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 27. SRI K.C. SHIVAKUMAR S/O CHANNEGOWDA AGED ABOUT 45 YEARS R/AT. KURIKOPPALLU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 28. SRI K.P. ASHWATH S/O K.B. PUTTASWAMY AGED ABOUT 45 YEARS R/AT KURIKOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 29. SMT. T.C. VASANTHA W/O K.M. JOGIGOWDA AGED ABOUT 55 YEARS R/AT. KURI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 30. SRI. MUDDEGOWDA S/O GENDE KEMPEGOWDANA LINGANNA AGED ABOUT 40 YEARS R/AT. VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 31. SMT. KAMALAMMA W/O SIDDEGOWDA JAVARAYI AGED ABOUT 68 YEARS R/AT. VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 32. SMT. YASHODAMMA W/O DYAVEGOWDRU JAYARAMU AGED ABOUT 55 YEARS - 6 - NC: 2025:KHC:17000 WP No. 8708 of 2025 R/AT. VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 33. SRI. RAMANNA S/O BASAVEGOWDA AGED ABOUT 62 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 34. SRI L. NINGU S/O GAM KAM LINGANNA AGED ABOUT 48 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 35. SMT. BHAGYAMMA W/O PUTTABORAMMA AGED ABOUT 52 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 36. SRI. D. DEVEGOWDA S/O DYAVAIAH BILIGAPPA AGED ABOUT 54 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 37. SMT. R.PREMA W/O V.J. CHANDRASHEKAR AGED ABOUT 58 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 38. SMT. JAYAMMA W/O J. JAVAREGOWDA AGED ABOUT 55 YEARS R/AT. VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 39. SMT. KAMALAMMA W/O KEMPEGOWDA AGED ABOUT 65 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. - 7 - NC: 2025:KHC:17000 WP No. 8708 of 2025 40. SMT. JAYAMMA W/O LINGANNA MUDDEGOWDA AGED ABOUT 36 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 41. SMT. PUTTAMMA W/O CHIKKAKEMPEGOWDA AGED ABOUT 38 YEARS R/AT VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 42. SMT. NAGARATHNAMMA W/O CHIKKA PUTTACHARI AGED ABOUT 48 YEARS R/AT BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 43. SMT. MAHADEVAMMA W/O PUTTABASAVAIAH AGED ABOUT 55 YEARS R/AT BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 44. SRI B.S. CHANDRAPPA S/O SANNAIAH PUJARI AGED ABOUT 55 YEARS R/AT BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 45. SMT. BADRAMMA W/O PUTTASIDDAIAH AGED ABOUT 60 YEARS R/AT BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST. 46. SMT. PARVATHAMMA W/O B.SHIVANNA AGED ABOUT 58 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST - 8 - NC: 2025:KHC:17000 WP No. 8708 of 2025 47. SMT. SAVITHRAMMA W/O M. LINGAPPA AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 48. SMT. REVAMMA W/O SANNAIAH PUJARI AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 49. SMT. GOWRAMMA W/O SANNAPPACHARI AGED ABOUT 58 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 50. SMT. GIRIJAMBHIKE W/O B.M. MAHADEVAIAH AGED ABOUT 65 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 51. SMT. PARVATHAMMA W/O KEMPARAJU PATEL AGED ABOUT 55 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 52. SMT. MANGALAGOWRI W/O NANJUNDASWAMY AGED ABOUT 53 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 53. SRI. SOMALINGA S/O GANTERA SIDDASHETTY AGED ABOUT 58 YEARS - 9 - NC: 2025:KHC:17000 WP No. 8708 of 2025 R/AT. UPPARA KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 54. SRI. K. PUTTAMADHU S/O KEMPASHETTY AGED ABOUT 52 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 55. SRI. MADASHETTY S/O BEKALE MARISHETTY AGED ABOUT 55 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 56. SMT. MANGALAMMA W/O J. NAGANNA AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 57. SRI. RAMAKRISHNA S/O SIDDASHETTY AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 58. SMT. MAHADEVAMMA W/O PAPASHETTY AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 59. SRI. U.P. MAHADEV S/O PAPASHETTY AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 60. SRI. MAHADEV .S S/O M. SIDDAIAH AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST - 10 - NC: 2025:KHC:17000 WP No. 8708 of 2025 61. SMT. THAYAMMA W/O PUTTAMADAIAH AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 62. SMT. JAYAMMA W/O KEMPASHETTY AGED ABOUT 48 YEARS R/AT. UPPARA KOPPALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 63. SRI. B.K. CHOWDAIAH S/O KALAIAH AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 64. SRI. GURUSHANKAR S/O MARIGUNTAIAH AGED ABOUT 48 YEARS R/AT. CHANDAGALU VILLAGE. DUDDA HOBLI, MANDYA TALUK AND DIST 65. SRI. C.M. NAGARAJU S/O BUKKANA MUGAIAH. AGED ABOUT 48 YEARS R/AT. CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 66. SRI. BAIRAVA S/O MARILINGANA KARIYA AGED ABOUT 48 YEARS R/AT. CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 67. SMT. B. JAYAMMA W/O HUCCHAMMA DATTU BORAIAH AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST - 11 - NC: 2025:KHC:17000 WP No. 8708 of 2025 68. SMT. SHANTHAMMA W/O CHOWDA AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 69. SMT. LAKSHMAMMA W/O THIMMI MADAIAH AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 70. SRI. DEVARAJU S/O MOLENINGANA KALAIAH AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 71. SRI. SANNAIAH S/O DOLLANINGANA KALAIAH AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST 72. SMT. B.S. VINAYA W/O B.K. SHIVANNA AGED ABOUT 48 YEARS R/AT. BILAGULI VILLAGE DUDDA HOBLI, MANDYA TALUK AND DIST PINCODE OF ALL PETITIONERS IS 571405 (NOTE WHO ARE THE PETITIONERS, ABOVE 60 YEARS, THEY ARE NOT SEEKING ANY SENIOR CITIZEN BENEFITS IN THE INSTANT WRIT PETITION) …PETITIONERS (BY SRI. PUTTARAJU H.B., ADVOCATE) - 12 - NC: 2025:KHC:17000 WP No. 8708 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE M.S. BUILDING, BENGALURU - 560 001. REP BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, SHANTHINAGAR TTMC "A" BLOCK, K.H. ROAD, SHANTHINAGAR BANGALORE - 560 027 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA TALUK, MANDYA DISTRICT - 571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT - 571 401. 5. THE RETURNING OFFICER CHANDAGALU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, DUDDA HOBLI MANDYA TALUK, MANDYA DISTRICT - 571 405. 6. THE CHANDAGALU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, DUDDA HOBLI MANDYA TALUK, MANDYA DISTRICT - 571 405. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 TO R5. SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2. R6 - THE CHANDAGALU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., MANDYA SD.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST I.E. ANNX-B AND PERMIT THE PETITIONERS TO CAST - 13 - NC: 2025:KHC:17000 WP No. 8708 of 2025 THEIR VOTES IN THE ELECTION TO THE R-6 BANK / SOCIETY BOARD WHICH IS SCHEDULED TO BE HELD ON 26.03.2025. AND ETC., THIS PETITION, COMING ON FOR FINAL 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 and that the votes cast by the petitioners shall be kept in separate ballot boxes. 2. A Co-ordinate 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 - 14 - NC: 2025:KHC:17000 WP No. 8708 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 in the above matter is directed to announce the result within seven days from the date of receipt of a copy of this order by taking into account the votes cast by the petitioners in this matter. iii) In the event of any proceeding being filed in relation to the results of the election under Section - 15 - NC: 2025:KHC:17000 WP No. 8708 of 2025 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 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 *bgn/- CT:VS List No.: 1 Sl No.: 83