Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17114 WP No. 9554 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9554 OF 2025 (CS-EL/M) BETWEEN:
1. H.E. NAGESH S/O LATE EREGOWDA, AGED ABOUT 50 YEARS SHARE NO.175/3 R/AT H. HOSURU, MADDURA TALUK, MADNDYA DISTRICT, KARNATAKA - 571 422. 2. CHIKKAKEMPEGOWDA S/O D SUBBEGOWDA AGED ABOUT 50 YEARS SHARE NO. 17/1
3. SUMITHRAMMA W/O H.M. NAGARAJU AGED ABOUT 50 YEARS SHARE NO.55/1
4. H.P. SHIVANNA S/O PARUVANNA AGED ABOUT 50 YEARS SHARE NO.56/1
5. H.R. CHANNABASAPPA S/O H.C. RUDRAPPA AGED ABOUT 50 YEARS SHARE NO.64/1
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17114 WP No. 9554 of 2025
6. JAYAMMA W/O PUTTEGOWDA AGED ABOUT 50 YEARS SHARE NO.71/1
7. SHIVAMMA W/O GUNDEGOWDA AGED ABOUT 50 YEARS SHARE NO.88/1
8. SUBBEGOWDA S/O ERREGOWDA AGED ABOUT 50 YEARS SHARE NO.99/1
9. RAMAMURTHY S/O GOPALAIAH, AGED ABOUT 50 YEARS SHARE NO. 105/1
10. NAGARATHNAMMA W/O LINGEGOWDA AGED ABOUT 50 YEARS SHARE NO. 112/1 R/AT
11. SUJATHA W/O SHIVANNA AGED ABOUT 50 YEARS SHARE NO.123/1
12. MAHADEVAMMA W/O H.T. MADEGOWDA AGED ABOUT 50 YEARS SHARE NO.137/1
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13. CHIKKATHAYAMMA W/O PIDUKAYYA AGED ABOUT 50 YEARS SHARE NO. 161/1
14. H. PUTTASWAMY S/O ERREGOWDA U. MUGEGOWDA AGED ABOUT 50 YEARS SHARE NO.162/1
15. DEVAMMA W/O KALIGOWDNA KEMPEGOWDA AGED ABOUT 50 YEARS SHARE NO.165/1
16. SHARADAMMA W/O MARIGOWDA AGED ABOUT 50 YEARS SHARE NO.166/1
17. JAYALAKSHMI W/O NAGARAJA MURTHY AGED ABOUT 50 YEARS SHARE NO. 169/1
18. KEMPAMMA W/O LINGEGOWDA U. MONDEGOWDA AGED ABOUT 50 YEARS SHARE NO. 172/1
19. JAYAMMA W/O CHIKKALINGEGOWDA AGED ABOUT 50 YEARS SHARE NO. 173/1
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NC: 2025:KHC:17114 WP No. 9554 of 2025
20. CHIKKANNA GOWDA S/O LATE KURI KENCHE GOWDA AGED ABOUT 50 YEARS SHARE NO.211/2
21. MADEGOWDA S/O KEMPEGOWDA U GADI MOTTEGOW AGED ABOUT 50 YEARS SHARE NO.219/2
22. JAYAMMA W/O LINGEGOWDA AGED ABOUT 50 YEARS SHARE NO.224/2
23. T. MADEGOWDA S/O KEMPEGOWDA U. THAYAMMAIAH AGED ABOUT 50 YEARS SHARE NO.228/2
24. H.S. MAHADEVASWAMY S/O SHIVALINGAPPA AGED ABOUT 50 YEARS SHARE NO.230/2
25. SHARADHAMBHA W/O C. RAJAPPA AGED ABOUT 50 YEARS SHARE NO.237/2
26. BHAGYAMMA W/O H.T. CHINNAVEREGOWDA AGED ABOUT 50 YEARS SHARE NO.241/2
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27.
PUTTASIDDAMMA W/O KALAIAH AGED ABOUT 50 YEARS SHARE NO.268/2
28. S.K. LEELAVATHI W/O H. PUTTASWAMY AGED ABOUT 50 YEARS SHARE NO.275/2
29. DEVARAJU S/O PUTTASWAMY AGED ABOUT 50 YEARS SHARE NO.277/2
30. Y.P SHANTA W/O SIDDARAMAIAH AGED ABOUT 50 YEARS SHARE NO.278/2
31. UMAMANI W/O M. LINGAPPA AGED ABOUT 50 YEARS SHARE NO.291/2
32. THAYAMAMMA W/O LATE SIDDEGOWDA AGED ABOUT 50 YEARS SHARE NO.315/2
33. NINGAMMA W/O BASAVARAJU AGED ABOUT 50 YEARS, SHARE NO. 320/2. - 6 -
NC: 2025:KHC:17114 WP No. 9554 of 2025
34. SWAMY S/O EREGOWDA AGED ABOUT 50 YEARS SHARE NO. 339/2
35. SUDHA W/O KEMPEGOWDA AGED ABOUT 50 YEARS, SHARE NO. 341/2
36. H P NIKIL S/O PUTTEGOWDA AGED ABOUT 50 YEARS SHARE NO.359/2
37. H.S. PRAJWAL RAJ S/O SUBBEGOWDA AGED ABUT 50 YEARS SHARE NO. 360/2
38. H C MANJU S/O CHIKKERRE GOWDA, AGED ABOUT 50 YEARS SHARE NO. 370/2
39. SIDDAIAH S/O MADAAIAH AGED ABOUT 50 YEARS SHARE NO. 385/2
40. NINGAMMA W/O KEMPEGOWDA AGED ABOUT 50 YEARS SHARE NO. 387/2
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41. NAGASUNDARI W/O BOARAIAH AGED ABUT 50 YEARS SHARE NO.29/6
42. MAHADEVAMMA W/O NAGAIAH AGED ABOUT 50 YEARS SHARE NO. 29/6
43. SAKAMMA W/O JAVAREGOWDA AGED ABOUT 50 YEARS SHARE NO. 37/6
44. KEMPEGOWDA S/O CHIKKA KEMPEGOWDA AGED ABOUT 50 YEARS SHARE NO. 41/6
45. MADAMMA W/O CHANNAIAH AGED ABOUT 50 YEARS SHARE NO. 16/5
46. DUNDAMMA W/O SUBBAIAH AGED ABOUT 50 YEARS SHARE NO. 30/5
47. CHANNAIAH S/O MARAGOLAAIAH AGED ABOUT 50 YEARS SHARE NO. 85/5
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NC: 2025:KHC:17114 WP No. 9554 of 2025
48. GOWRAMMA, W/O CHANNABASAVARCHAR, AGED ABOUT 50 YEARS SHARE NO.85/5
49. SAVITHRAMMA W/O KEMPEGOWDA AGED ABOUT 50 YEARS SHARE NO. 260/2
50. SHIVALINGA S/O SHIVACHARYA SWAMY AGED ABOUT 50 YEARS SHARE NO. 48/6
51. NANJAMMA W/O KALAAIAH AGED ABOUT 50 YEARS SHARE NO. 50/6
52. H CSHANTHA S/O LATE KEMPEGOWDA AGED ABOUT 50 YEARS SHARE NO.
58/6
53. K ASHA W/O H.S. BABU AGED ABOUT 50 YEARS SHARE NO.65/6
PETITIONER NO.2 TO 53 ARE ALL R/AT SI HONNALAGERE, MADDUR TALUK, SI HONNALAGERE, MANDYA DISTRICT, KARNATAKA - 571 422. - 9 -
NC: 2025:KHC:17114 WP No. 9554 of 2025
54. MADAPPA S/O ERREGOWDA @ KARIGOWDA AGED ABOUT 65 YEARS SHARE NO.8/3
55. MUGANNA S/O CHIKKA PUTTEGOWDA AGED ABOUT 71 YEARS SHARE NO.11/3
56. SUBAMMA W/O MARIGOWDA AGED ABOUT 95 YEARS SHARE NO.25/3
57. SHIVAMADU S/O SIDAMMA ERREGOWDA AGED ABOUT 65 YEARS SHARE NO.33/3
58. PUTTASWAMY S/O KENCHAPPA AGED ABOUT 55 YEARS SHARE NO.34/3
59. H.D. NAGARAJU S/O DYVEGOWDA @ BOKEGOWDA AGED ABOUT 54 YEARS SHARE NO.35/3
60. K.B. SHASHIKALA W/O H.N. PUTTESWAMY AGED ABOUT 60 YEARS SHARE NO.37/3
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NC: 2025:KHC:17114 WP No. 9554 of 2025
61. CHIKKAVEREGOWDA S/O SIDDAMMA ERREGOWDA AGED ABOUT 70 YEARS SHARE NO.51/3
62. RAMEGOWDA S/O KENCHEGOWDA AGED ABOUT 70 YEARS SHARE NO.52/3
63. H.D. DEVARAJU S/O DYVEGOWDA @ BOKEGOWDA AGED ABOUT 60 YEARS SHARE NO.54/3
64. H.M. VENKATESH S/O MOTEGOWDA AGED ABOUT 55 YEARS SHARE NO.61/3
65. ERREGOWDA S/O HUCCHERREGOWDA AGED ABOUT 65 YEARS SHARE NO.62/3
66. H.P. SWAMY S/O PUTTEGOWDA AGED ABOUT 55 YEARS SHARE NO.63/3
67. MANCHEGOWDA S/O ERREGOWDA AGED ABOUT 60 YEARS SHARE NO.65/3
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NC: 2025:KHC:17114 WP No. 9554 of 2025
68. MARIGOWDA S/O MALLEGOWDA AGED ABOUT 75 YEARS SHARE NO.69/3
69. BHAGYAMMA W/O DYVEGOWDA @ BOKEGOWDA AGED ABOUT 62 YEARS SHARE NO.71/3
70. SAROJAMMA W/O K.C. SIDDEGOWDA AGED ABOUT 65 YEARS SHARE NO.72/3
71. MARIGOWDA S/O CHIKKANNA AGED ABOUT 65 YEARS SHARE NO.75/3
72. H.D. NATARAJ S/O DYVEGOWDA @ BOKEGOWDA AGED ABOUT 53 YEARS SHARE NO.76/3
73. DODDERREGOWDA S/O ERREGOWDA @ THAMMEGOWDA AGED ABOUT 67 YEARS SHARE NO.86/3
74. VASANTHAMMA W/O H.D. SHIVARAJU AGED ABOUT 50 YEARS SHARE NO.88/3
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NC: 2025:KHC:17114 WP No. 9554 of 2025
75. BHARATHI W/O SWAMY AGED ABOUT 52 YEARS SHARE NO.98/3
76.
MARIGOWDA S/O LATE BASVEGOWDA AGED ABOUT 51 YEARS SHARE NO.105/3
77. B. MANJULA W/O H.C. NAGARAJ AGED ABOUT 45 YEARS SHARE NO.107/5
78. MEENAKSHI W/O DEVEGOWDA AGED ABOUT 53 YEARS SHARE NO. 109/5
79. NINGARAJAMMA W/O LATE PUTTASWAMY AGED ABOUT 40 YEARS SHARE NO.120/3
80. NAGAMANI W/O H.C. PUTTASWAMY AGED ABOUT 58 YEARS SHARE NO. 125/3
81. H.S. UMESH S/O SIDDEGOWDA AGED ABOUT 40 YEARS SHARE NO.126/3
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NC: 2025:KHC:17114 WP No. 9554 of 2025
82. H.N. SIDDARAJU S/O NINGEGOWDA @ DODDAVANU AGED ABOUT 40 YEARS SHARE NO.148/3
83. H.M. NAGARAJU S/O MADDEGOWDA AGED ABOUT 41 YEARS SHARE NO.150/3
84. SANNAMMA W/O MADEGOWDA AGED ABOUT 50 YEARS SHARE NO.151/3
85. NANDINI W/O SHIVARAMU AGED ABOUT 53 YEARS SHARE NO. 152/3
86. NAGANNA S/O MUDDALINGEGOWDA AGED ABOUT 55 YEARS SHARE NO. 155/3
87. MAHADEVAMMA W/O RAMANNA AGED ABOUT 42 YEARS SHARE NO. 171/3
88. LAKSHMAAMMA W/O BASAPPA NINGAMMA ERREGOWDA AGED ABOUT 38 YEARS SHARE NO.178/3
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89. BHAGYAMMA W/O MANCHEGOWDA AGED ABOUT 50 YEARS SHARE NO.179/3
90. SANNAMMA W/O CHIKKERREGOWDA AGED ABOUT 60 YEARS SHARE NO.186/3
91. H.B RAJANNA S/O BASVEGOWDA AGED ABOUT 40 YEARS SHARE NO.182/3
92. ROOPADEVI W/O H.D. NAGARAJU AGED ABOUT 42 YEARS SHARE NO.189/3
93. LAKSHMAAMMA W/O BASVEGOWDA AGED ABOUT 72 YEARS SHARE NO.193/3
94. PRASANNA S/O SWAMY AGED ABOUT 35 YEARS SHARE NO.194/3
95. PRADEEP S/O SWAMY AGED ABOUT 38 YEARS SHARE NO.195/3
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96. GOWRAMMA W/O CHIKK THIMME GOWDA AGED ABOUT 60 YEARS SHARE NO. 197/3
97. BHARATHI W/O RAVI RAJU AGED ABOUT 45 YEARS SHARE NO. 199/3
98. GOWRAMMA W/O CHIKKANNA AGED ABOUT 42 YEARS SHARE NO. 200/3
99. H.C. BABY W/O ERREGOWDA AGED ABOUT 40 YEARS SHARE NO.1/7
100. MANGALAMMA W/O CHIKKAVANU AGED ABOUT 40 YEARS SHARE NO.4/7
101. NAGARAJU S/O MADEGOWDA AGED ABOUT 35 YEARS SHARE NO.5/7
102.
H.C. ASHWATHAMMA W/O H.M. RAMEGOWDA AGED ABOUT 70 YEARS SHARE NO.8/7
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103. JAYAMMA W/O H.M.PUTTASWAMY AGED ABOUT 67 YEARS SHARE NO.10/7
104. BANU PRIYA W/O SIDDEGOWDA AGED ABOUT 28 YEARS SHARE NO.13/7
PETITIONER NOS.54 TO 104 ARE R/AT H HOSURU, MADDUR TALUK, MANDYA DISTRICT KARNATAKA-571422
105. PUTTASWAMY GOWDA S/O NINGEGOWDA AGED ABOUT 60 YEARS SHARE NO.8/4
106. SOMMEGOWDA @ MOLLEGOWDA S/O CHIKKAMADEGOWDA AGED ABOUT 85 YEARS SHARE NO.14/4
107. D. SURESH S/O LATE DODDA MARI GOWDA AGED ABOUT 55 YEARS SHARE NO.24/4
108. RAMCHANDRA S/O CHIKKA HAIDE GOWDA AGED ABOUT 60 YEARS SHARE NO.37/4
109. CHIKKAMADAMMA W/O DYVEGOWDA
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AGED ABOUT 80 YEARS SHARE NO.47/4
110. KEMPAMMA W/O SHIVANNA AGED ABOUT 60 YEARS SHARE NO.48/4
111. C M PUTTASWAMY GOWDA S/O LATE CHIKKA MADA SHETTY AGED ABOUT 70 YEARS SHARE NO.52/4
112. RAJANNA S/O MALLEGOWDA AGED ABOUT 75 YEARS SHARE NO.60/4
113. SAMPATH KUMAR S/O KUNNE GOWDA @ BILIYAPPA AGED ABOUT 52 YEARS SHARE NO.64/4
114. KEMPAMMA W/O LATE MARIGOWDA AGED ABOUT 70 YEARS SHARE NO.71/4
115. MOLLEGOWDA S/O CHENNEGOWDA AGED ABOUT 65 YEARS SHARE NO.79/4
116. HONNAMMA W/O C S KUNNEGOWDA
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AGED ABOUT 50 YEARS SHARE NO.80/4
117. H S RANI W/O NARAYAN AGED ABOUT 38 YEARS SHARE NO.82/4
118. MALLEGOWDA S/O MALLEGOWDA AGED ABOUT 63 YEARS SHARE NO.136/4
119. MALLEGOWDA S/O MALLEGOWDA AGED ABOUT 68 YEARS SHARE NO.160/4
120 LAKSHAMAMMA W/O SHIVMADDEGOWDA AGED ABOUT 35 YEARS SHARE NO.162/4
121. CHIKKANNA GOWDA S/O PUTTEGOWDA AGED ABOUT 80 YEARS SHARE NO.17/4
122. NATHASHETTY S/O CHIKKA THIMMA SHETTY AGED ABOUT 86 YEARS SHARE NO.97/4
123. PUTTASWAMY S/O LINGEGOWDA @ THAMMAIAH GOWDA
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AGED ABOUT 60 YEARS SHARE NO.105/4
124. C S PRATHAP S/O SHIVAMADDEGOWDA AGED ABOUT 35 YEARS SHARE NO.153/4
125. JAYAMMA W/O MARIGOWDA AGED ABOUT 62 YEARS SHARE NO.168/4
126.
PREMA W/O MARIGOWDA AGED ABOUT 50 YEARS SHARE NO.78/4
PETITIONER NOS.105 TO 126 ARE R/AT CHANDUPURA, MADDUR TALUK, CHANDAPURA, MANDYA DISTRICT, KARNATAKA- 571422 …PETITIONERS (BY SRI. PRASHANTH M M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY DEPT OF CO-OPERATION, M.S BUILDING, BENGALURU-560001
2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3D FLOOR, TTMCC, A-BLOCK, SHANTHINAGAR, K.H.ROAD. BENGALURU-560027 BY ITS COMMISSIONER
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3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES/DISTRICT ELECTION OFFICER, (ICDP), MANDYA DISTRICT MANDYA
4. THE RETURNING OFFICER THE S I HONNALAGERE, VIVIDODDESHA, PRATHAMILCA GRAMAEENA KRUSHI SAHAKARA SANGHA NIYAMITHA, MADDURU TALUK, MANDYA DIST-571428
5. THE S I HONNALAGERE, VIVIDODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITHA, MADDUR TALUK MANDYA DIST-571428 REP. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI.YOGESH D.NAIK, ADV. FOR R-1, R-3 & R-4;
SRI.T.L.KIRAN KUMAR, ADV. FOR R-2)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R-5 WHICH IS PRODUCED AT ANNX-A AND B IN RESPECT OF PETITIONERS TO WRIT PETITION BY ALLOWING THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:17114 WP No. 9554 of 2025
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 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.
1 W.P.No.8502/2022 dated 7.6.2022
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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 each of the above matters 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 each of the above matters. 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.
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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
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