Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17113 WP No. 9548 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. 9548 OF 2025 (CS-EL/M) BETWEEN:
1. BORAIAH S/O BORAIAH AGED ABOUT 56 YEARS SHARE NO. 21/5
2. SHIVANNA S/O PUTTAPPA AGED ABOUT 65 YEARS SHARE NO. 9/1
3. NAGENDRA SWAMY S/O H.P MALLIKARJUNASWAMY AGED ABOUT 65 YEARS SHARE NO. 26/1
4. K. SHIVALINGAIAH S/O KALAIAH U. DEVARAGUDAIAH AGED ABOUT 50 YEARS SHARE NO. 94/1
5. NINGAMMA W/O DODDAMOTTEGOWDA AGED ABOUT 75 YEARS SHARE NO. 107/1
6. MANJU
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17113 WP No. 9548 of 2025
S/O SHIVALINGAPPA AGED ABOUT 55 YEARS SHARE NO. 134/1
7. SHIVAMMA W/O NAGAIAH AGED ABOUT 60 YEARS SHARE NO. 160/1
8. H.M. KUMAR LATE H. MARIGOWDA AGED ABOUT 50 YEARS SHARE NO. 206/1
9. LOKESH S/O BASAVARAJAPPA AGED ABOUT 60 SHARE NO. 203/2
10. RAJAMMA W/O LATE H. MARIGOWDA AGED ABOUT 65 YEARS SHARE NO. 207/2
11. H.P. NAGARAJU S/O LATE MARIGOWDA AGED ABOUT 45 YEARS SHARE NO. 208/2
12. H.K. MAHADEVAPPA S/O H.K. KEMPANNAGOWDA AGED ABOUT 66 YEARS SHARE NO. 213/2
13. PUTTATHAYAMMA W/O H.K. MAHADEVAPPA
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AGED ABOUT 58 YEARS SHARE NO. 239/2
14. H.C. NATARAJU S/O CHANNIGAIAH AGED ABOUT 52 YEARS SHARE NO. 254/2
15. BHAGYAMMA W/O MARISWAMY AGED ABOUT 50 YEARS SHARE NO. 263/2
16. K. KRISHNAMURTHY S/O KEMPEGOWDA GADI MOTTEGOWDA AGED ABOUT 60 YEARS SHARE NO. 270/2
17. GEETHARANI W/O K. KRISHNAMURTHY AGED ABOUT 54 YEARS SHARE NO. 271/2
18. ADARSH K MURTHY S/O KRISHNAMURTHY AGED ABOUT 35 YEARS SHARE NO. 272/2
19. VENKATESH S/O DASAPPA AGED ABOUT 55 YEARS SHARE NO. 289/2
20. H.L MEENAKSHI W/O LATE MUTTASWAMY GOWDA AGED ABOUT 53 YEARS
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SHARE NO. 305/2
21. PUTTASWAMY S/O LATE CHIKANNA AGED ABOUT 52 YEARS SHARE NO. 307/2
22. KEMPAMMA W/O EREGOWDA AGED ABOUT 62 YEARS SHARE NO. 317/2
23. INDRAMMA W/O ANNAIAH SWAMY AGED ABOUT 50 YEARS SHARE NO. 322/2
24. SHIVANNA S/O SUBBAIAH AGED ABOUT 55 YEARS SHARE NO. 331/2
25. MEGHANA W/O H. G. PUTTASWAMY AGED ABOUT 30 YEARS SHARE NO. 343/2
26. LAKSHMI W/O NAGANNA AGED ABOUT 50 YEARS SHARE NO. 356/2
27.
H.K. KEMPEGOWDA S/O KEMPEGOWDA AGED ABOUT 55 YEARS SHARE NO. 378/2
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NC: 2025:KHC:17113 WP No. 9548 of 2025
28. H.R. PREMA W/O H.K. KEMPEGOWDA AGED ABOUT 50 YEARS SHARE NO. 379/2
29. H.K. MANJUNATHA GOWDA S/O H.K. KEMPEGOWDA AGED ABOUT 35 YEARS SHARE NO. 380/2
30. H.D. NAGAMMA W/O H.V. MADEGOWDA AGED ABOUT 46 YEARS SHARE NO. 395/2
31. M.N. PRASAD S/O H.V. MADEGOWDA AGED ABOUT 27 YEARS SHARE NO. 396/2
32. KEMPAAJAMMA H S W/O H. SUBBEGOWDA AGED ABOUT 47 YEARS SHARE NO. 400/2
33. SHASHIKALA W/O KEMPARAJU AGED ABOUT 53 YEARS SHARE NO. 3/6
34. H.K. ABHISHEK S/O LATE KUMAR AGED ABOUT 35 YEARS SHARE NO. 4/6
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NC: 2025:KHC:17113 WP No. 9548 of 2025
35. H.N. NAGEGOWDA S/O H.M. NAGARAJU AGED ABOUT 60 YEARS SHARE NO. 40/6
36. GOWRAMMA W/O NAGARAJU AGED ABOUT 48 YEARS SHARE NO. 18/5
37. KALAMMA W/O KADAIAH AGED ABOUT 55 YEARS SHARE NO. 20/5
38. KALAMMA W/O HONNAIAH AGED ABOUT 60 YEARS SHARE NO. 22/5
39. NINGARAJAMMA W/O CHANNAIAH AGED ABOUT 65 YEARS SHARE NO. 23/5
40. SHEKAR S/O NAGAIAH AGED ABOUT 45 YEARS SHARE NO. 26/5
41. SHIVANNA S/O GENDAIAH AGED ABOUT 52 YEARS SHARE NO. 45/5
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42. H.M. MARISWAMY S/O MADAIAH AGED ABOUT 43 YEARS SHARE NO. 46/5
43. SAVITHA W/O MARISWAMY AGED ABOUT 45 YEARS SHARE NO. 47/5
44. NAGENDRA, S/O MADAIAH, AGED ABOUT 35 YEARS SHARE NO. 51/5
45. RAGHU S/O MADAIAH AGED ABOUT 30 YEARS SHARE NO. 52/5
46. BHAGYAMMA W/O SIDDAIAH AGED ABOUT 50 YEARS SHARE NO. 62/5
47. SHIVANAGAMMA W/O BORAIAH AGED ABOUT 38 YEARS SHARE NO. 81/5
48. GOWRAMMA W/O MADAIAH AGED ABOUT 50 YEARS SHARE NO. 82/5
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49. PADMA W/O GOWRI SHANKAR AGED ABOUT 40 YEARS SHARE NO. 129/5
50. KEMPEGOWDA S/O CHIKKATHAMANNAGOWDA AGED ABOUT 58 YEARS SHARE NO. 143/5
51.
H.S. SWAMY S/O SUBBAIAH AGED ABOUT 45 YEARS SHARE NO. 150/5
52. NATHEGOWDA S/O MONDEGOWDA AGED ABOUT 48 YEARS SHARE NO. 154/5
53. MAHADEVAMMA W/O RENUKA U. NAGAMMA AGED ABOUT 50 YEARS SHARE NO. 168/5
54. H.S. MAHADEVU S/O SUBBAIAH AGED ABOUT 51 YEARS SHARE NO. 173/5
55. ROOPA H.P.
W/O PUTTA SWAMY, AGED ABOUT 38 YEARS SHARE NO. 44/6 PETITIONER NO.1 TO 55 ARE ALL R/AT S I HONNALAGERE,
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NC: 2025:KHC:17113 WP No. 9548 of 2025
MADDUR TALUK, SI HONNALAGERE, MANDYA DISTRICT, KARNATAKA - 571 422,
56. H.M. BASAVARAJU S/O MADEGOWDA AGED ABOUT 63 YEARS SHARE NO. 190/5
57. N. SHIVAMMA W/O H.D. DEVARAJU AGED ABOUT 50 YEARS SHARE NO. 89/3
58. H.M. LAKSHMAMMA W/O LATE MADEGOWDA AGED ABOUT 52 YEARS SHARE NO. 137/3
59. H.T. SHIVANNA S/O THAMANNA AGED ABOUT 38 YEARS SHARE NO. 139/3
60. BHAGYAMMA W/O DODDIREGOWDA AGED ABOUT 40 YEARS SHARE NO. 158/3
61. PUTTA SWAMY S/O NANJAPPA AGED ABOUT 51 YEARS SHARE NO. 167/3
62. RENUKA W/O MADAPPA AGED ABOUT 42 YEARS
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SHARE NO. 176/3. 63. VASANTHA P W/O H.M. NAGARJU AGED ABOUT 38 YEARS SHARE NO. 181/3
64. A.N. SHILPA W/O H.S. UMESH AGED ABOUT 37 YEARS SHARE NO. 184/3
65. SHAILAJA.S.R.
W/O MARIGOWDA AGED ABOUT 35 YEARS SHARE NO. 191/3
66. H.M. RAJESH S/O MARIGOWDA AGED ABOUT 40 YEARS SHARE NO. 17/6
PETITIONER NO. 56 TO 66 ALL ARE R/AT H HOSURU, MADDUR TALUK, H HOSURU MANDYA DISTRICT, KARNATAKA - 571 422,
67. VENKATESH S/O MOLLESHETTY AGED ABOUT 55 YEARS SHARE NO. 2/4
68. RAMESH S/O THAMYEGOWDA AGED ABOUT 45 YEARS SHARE NO. 20/4
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69. ERRAIAH S/O CHIKKHAIDEGOWDA AGED ABOUT 80 YEARS SHARE NO. 26/4
70. SHIVAMADEGOWDA S/O LINGEGOWDA AGED ABOUT 60 YEARS SHARE NO. 35/4
71. KRISHNEGOWDA S/O SOMEGOWDA AGED ABOUT 55 YEARS SHARE NO. 45/4
72.
MAHADEVEGOWDA S/O MAHADEVEGOWDA AGED ABOUT 55 YEARS SHARE NO. 58/4
73. NARAYANNA S/O RAJANNA AGED ABOUT 48 YEARS SHARE NO. 77/4
74. MADESHA, S/O CHIKKAMARIGOWDA, AGED ABOUT 45 YEARS SHARE NO. 83/4
75. RADHA W/O MAHADEVEGOWDA AGED ABOUT 40 YEARS SHARE NO. 86/4
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NC: 2025:KHC:17113 WP No. 9548 of 2025
76. H.S. SHILPA W/O RAMESH AGED ABOUT 35 YEARS SHARE NO. 107/4
77. SIDDARAMU S/O MALLEGOWDA AGED ABOUT 45 YEARS SHARE NO. 120/4
78. KRISHNEGOWDA S/O EREGOWDA AGED ABOUT 42 YEARS SHARE NO. 140/4
79. HEMAVATHI W/O NAGARJU AGED ABOUT 38 YEARS SHARE NO. 143/4
80. JAYAMMA W/O MADEGOWDA AGED ABOUT 70 YEARS SHARE NO. 156/4
81. SUSHEELAMMA W/O VENKATESH AGED ABOUT 48 YEARS SHARE NO. 158/4
82. LAKSHMAMMA W/O DODDAVANASHETTY AGED ABOUT 48 YEARS SHARE NO. 176/4
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83. KRISHNEGOWDA S/O DODDATHAMMEGOWDA AGED ABOUT 50 YEARS SHARE NO. 177/4
PETITIONERS NO. 67 TO 83 ALL ARE R/AT CHANDUPURA, MADDUR TALUK, CHANDUPURA, MANDYA DISTRICT, KARNATAKA - 571 422. …PETITIONERS (BY SRI. PRASHANTH M.M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPTD. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO. OPERATION, M.S. BUILDING, BENGALURU - 560 001. 2. THE STATE CO. OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMCC, A-BLOCK, SHANTHINAGAR, K.H. ROAD, BENGALURU - 560 027, BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO. OP. SOCIETIES/DISTRICT ELECTION OFFICER, (ICDP) MANDYA DISTRICT, MANDYA. 4. THE RETURNING OFFICER, THE S I HONNALAGERE, VIVIDODDESHA PRATHAMIKA GRAMAEENA KRUSHI SAHAKARA SANGHA, NIYAMITHA, MADDURU TALUK, MANDYA DISTRICT - 571 428. - 14 -
NC: 2025:KHC:17113 WP No. 9548 of 2025
5. THE S.I. HONNALAGERE, VIVIDODDESHA, PRATHAMIKA GRAMAEENA KRUSHI SAHAKARA SANGHA, NIYAMITHA, MADDURU TALUK, MANDYA DISTRICT - 571 428, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI.
T.L. KIRAN KUMAR, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 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 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, 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.
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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:
ORDER i) The Writ Petition is disposed of.
1 W.P.No.8502/2022 dated 7.6.2022
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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. 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
VS, List No.: 1 Sl No.: 11 CT: BHK