Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22615 (KAR)

H.C. KUMARASWAMY v. THE STATE OF KARNATAKA

WP/9560/2025 · 2025-04-25

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17228 WP No. 9560 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.9560 OF 2025 (CS-EL/M) BETWEEN: 1. H.C. KUMARASWAMY S/O H.S. JAYANNA AGED ABOUT 52 YEARS SHARE NO.68/6. 2. H.K. KUMARA S/O KARIYAIAH AGED ABOUT 36 YEARS SHARE NO.61/6. 3. H.K. THAMMAIAH S/O CHA. KEMPEGOWDA AGED ABOUT 72 YEARS SHARE NO.29/1. 4. CHIKKAKEMPEGOWDA S/O SUBBEGOWDA AGED ABOUT 75 YEARS SHARE NO.47/1. 5. JAYAMMA W/O PUTTEGOWDA AGED ABOUT 60 YEARS SHARE NO.71/1. 6. N.M. DAKSHAYANI W/O MARISWAMY AGED ABOUT 59 YEARS SHARE NO.83/1. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17228 WP No. 9560 of 2025 7. CHIKKAMADAMMA W/O MADAIAH AGED ABOUT 73 YEARS SHARE NO.91/1. 8. BUBBEGOWDA S/O EREGOWDA AGED ABOUT 63 YEARS SHARE NO.99/1. 9. LINGAPPADEVARU S/O LINGAPPA AGED ABOUT 69 YEARS SHARE NO. 117/1. 10. H.G. NAGARAJU 8/O GURULINGAPPA AGED ABOUT 49 YEARS SHARE NO. 124/1. 11. H.S. LALITHA W/O SHIVAMURTHAPPA AGED ABOUT 47 YEARS SHARE NO.132/1. 12. DODDASIDDAMMA W/O KALLAIAH AGED ABOUT 75 YEARS SHARE NO.151/1. 13. CHIKKATHAYAMMA W/O SIDUKAIAH AGED ABOUT 61 YEARS SHARE NO.161/1. 14. H. PUTTASWAMY S/O EREGOWDA AGED ABOUT 66 YEARS SHARE NO. 162/1. 15. SHARADAMMA W/O MARIGOWDA - 3 - NC: 2025:KHC:17228 WP No. 9560 of 2025 AGED ABOUT 78 YEARS SHARE NO. 166/1. 16. SHARADAMBA W/O C. RAJAPPA AGED ABOUT 77 YEARS SHARE NO.237/2. 17. GURULINGAPPA S/O LINGAPPA AGED ABOUT 74 YEARS SHARE NO.249/2. 18. PUTTASIDDAMMA W/O KALAIAH AGED ABOUT 65 YEARS SHARE NO.268/2. 19. S.K. LEELAVATHI W/O H. PUTTASWAMY AGED ABOUT 53 YEARS SHARE NO 275/2. 20. Y.P. SHANTHA W/O SIDDARAMAIAH AGED ABOUT 50 YEARS SHARE NO.278/2. 21. UMAMANI W/O LINGAPPA AGED ABOUT 51 YEARS MEMBERS AND VOTERS OF THE SHARE NO.291/2. 22. H.P. NIKHIL AGED ABOUT 32 YEARS SHARE NO.359/2. 23. H.S. PRAJAWALRAJ S/O SUBBEGOWDA AGED ABOUT 35 YEARS SHARE NO.360/2. - 4 - NC: 2025:KHC:17228 WP No. 9560 of 2025 24. DUNDAMMA W/O SUBBAIAH AGED ABOUT 70 YEARS SHARE NO.366/2. 25. H.C. MANJU S/O CHIKKEREGOWDA AGED ABOUT 38 YEARS SHARE NO.370/2. 26. PUTTALINGAMMA W/O KENCHAIAH AGED ABOUT 68 YEARS SHARE NO.386/2. 27. NAGASUNDARI W/O BORAIAH AGED ABOUT 49 YEARS SHARE NO.29/6. 28. MAHADEVAMMA DIE NAGAMMA AGED ABOUT 57 YEARS SHARE NO.30/6. 29. DUNDAMMA W/O SUBHAIAH AGED ABOUT 69 YEARS SHARE NO.30/5. 30. PUTTANAKAMMA W/O SUBHAIAH AGED ABOUT 70 YEARS SHARE NO.32/5. 31. CHANNAIAH S/O MARAGULAIAH AGED ABOUT 67 YEARS SHARE NO.84/5. 32. NANJAMMA W/O KALASHETTY SHARE NO.50/6. - 5 - NC: 2025:KHC:17228 WP No. 9560 of 2025 33. H.C. RAVI S/O JOGAPPA AGED ABOUT 38 YEARS SHARE NO.57/6. 34. SHIVAMANI W/O CHANNEGOWDA AGED ABOUT 62 YEARS SHARE NO.60/6. 35. NAGAMMA W/O KARIAYAPPA AGED ABOUT 69 YEARS SHARE NO.64/6. 36. PAPANNA S/O KIRIGUNDEGOWADA AGED ABOUT 65 YEARS SHARE NO.66/1. 37. SHIVAMMA W/O LATE PUTTARAJU AGED ABOUT 69 YEARS SHARE NO.69/6. 38. KEMPAIAH S/O SUBHAIAH AGED ABOUT 71 YEARS SHARE NO.70/6. 39. K.B. SHASHIKALA W/O H.M. PUTTASWAMY AGED ABOUT 47 YEARS SHARE NO.37/3. 40. PUTTAMADAMMA W/O NANJAPPA AGED ABOUT 74 YEARS SHARE NO.39/3. - 6 - NC: 2025:KHC:17228 WP No. 9560 of 2025 41. B. CHANDRASHEKARAPPA S/O DODDASWAMY AGED ABOUT 50 YEARS SHARE NO.43/3. 42. KARIGOWDA @ PILLE S/O HUCHHEGOWDA AGED ABOUT 73 YEARS SHARE NO.84/3. 43. MARIGOWDA S/O BASAVEGOWDA AGED ABOUT 47 YEARS SHARE NO. 105/3. 44. NIGARAJAMMA W/O PUTTASWAMY AGED ABOUT 49 YEARS SHARE NO. 120/3. 45. H.P. SUMA W/O H.P. NAGARAJU AGED ABOUT 35 YEARS SHARE NO. 135/3. 46. H.M. NAGARAJU S/O MADEGOWDA AGED ABOUT 49 YEARS SHARE NO.150/5. 47. HEMAVATHI S/O LATE D. DEVARJU AGED ABOUT 40 YEARS SHARE NO. 154/3. 48. MANGALAMMA W/O CHIKKAVANNU AGED ABOUT 63 YEARS SHARE NO.4/7. 49. NAGARAJU S/O MADEGOWDA - 7 - NC: 2025:KHC:17228 WP No. 9560 of 2025 AGED ABOUT 50 YEARS SHARE NO.5/7. 50. H.E. NAGARJU S/O EREGOWDA AGED ABOUT 51 YEARS SHARE NO.11/7. 51. H.E. MADAPPA S/O EREGOWDA AGED ABOUT 70 YEARS SHARE NO.12/7. 52. HONNAMMA W/O SHIVANNA AGED ABOUT 76 YEARS SHARE NO. 10/4. 53. CHIKKAMADAMMA W/O DYAVEGOWDA SHARE NO.47/4. 54. L. RATANAMMA W/O K. SWAMYGOWDA AGED ABOUT 70 YEARS SHARE NO.67/4. 55. MALLEGOWDA S/O MALLEGOWDA AGED ABOUT 70 YEARS SHARE NO.136/4. 56. MALLEGOWDA S/O MALLEGOWDA AGED ABOUT 73 YEARS SHARE NO. 160/4. 57. C.B. PAPANNA S/O BILIGOWDA AGED ABOUT 67 YEARS SHARE NO. 170/4. - 8 - NC: 2025:KHC:17228 WP No. 9560 of 2025 58. NINGAMMA S/O BASAVARJU AGED ABOUT 59 YEARS SHARE NO.320/2. PETITIONERS NO.1 TO 56 ARE THE MEMBERS AND VOTERS OF THE RESPONDENT NO.7 SOCIETY FROM THE BORROWER CONSTITUENCY. 59. NINGARAJAMMA W/O CHANNAIAH AGED ABOUT 55 YEARS SHARE NO.23/5. 60. KEMPEGOWDA W/O CHIKKIREGOWDA AGED ABOUT 52 YEARS SHARE NO.41/6. 61. MUDDAPPA S/O LINGAPPA AGED ABOUT 71 YEARS SHARE NO.27/1. 62. NAGAMMA W/O LATE MARAIAH AGED ABOUT 74 YEARS SHARE NO.152/1. 63. SHIVAMMA W/O KEMPAIAH AGED ABOUT 69 YEARS SHARE NO.154/1. 64. H.M. NAGARAJU S/O BORAIAH AGED ABOUT 41 YEARS SHARE NO.179/1. 65. H.M. KUMARA S/O LATE H. MARIGOWDA - 9 - NC: 2025:KHC:17228 WP No. 9560 of 2025 AGED ABOUT 40 YEARS SHARE NO.206/1. 66. RAJAMMA W/O LATE H. MARIGOWDA AGED ABOUT 76 YEARS SHARE NO.207/2. 67. H.P. NAGARAJU 8/O LATE MARIGOWDA AGED ABOUT 43 YEARS SHARE NO.208/2. 68. L. MUDDAPPA S/O LINGAPPA AGED ABOUT 70 YEARS SHARE NO.294/2. 69. H.L. SUKANYA W/O LATE NAGARU AGED ABOUT 71 YEARS SHARE NO.27/2. 70. H.M. VINUSH S/O MARISWAMY AGED ABOUT 33 YEARS SHARE NO.312/2. 71. INDRAMMA W/O ANNAYYA AGED ABOUT 58 YEARS SHARE NO.322/2. 72. CHIKKATHAMMAYYA S/O NAGAIAH AGED ABOUT 63 YEARS SHARE NO.334/2. 73. MEGANA W/O H.G. PUTTASWAMY AGED ABOUT 30 YEARS SHARE NO.343/2. - 10 - NC: 2025:KHC:17228 WP No. 9560 of 2025 74. LAKSHMI W/O NAGANNA AGED ABOUT 42 YEARS SHARE NO.356/2. 75. NANJUNDASWAMY H.K. S/O KENCHAIAH AGED ABOUT 50 YEARS 76. MAHADEVAMMA W/O MADAIAH AGED ABOUT 69 YEARS SHARE NO.23/6. 77. CHAKKATHAYAMMA W/O PUTTARAJAPPA AGED ABOUT 62 YEARS SHARE NO.25/6. 78. LAKSHMAMMA W/O MAHADEVU AGED ABOUT 52 YEARS SHARE NO.38/6. 79. KAMALAMMA W/O KARIAIAH AGED ABOUT 57 YEARS SHARE NO.4/5. 80. GANGAMMA W/O KEMPAIAH AGED ABOUT 59 YEARS SHARE NO.8/5. 81. NEELAMMA W/O NAGAIAH AGED ABOUT 60 YEARS SHARE NO.9/5. 82. PRASANNA S/O KALAIAH - 11 - NC: 2025:KHC:17228 WP No. 9560 of 2025 AGED ABOUT 38 YEARS SHARE NO. 15/5. 83. RAJU S/O SUBBAIAH AGED ABOUT 45 YEARS SHARE NO.28/5. 84. NAGARAJU S/O H.N. SUBBAIAH AGED ABOUT 48 YEARS SHARE NO.33/5. 85. H.M. MAHESH KUMAR SO KENCHAIAH AGED ABOUT 38 YEARS SHARE NO.41/5. 86. DODDASIDDAMMA W/O KEMPAIAH AGED ABOUT 71 YEARS SHARE NO.63/5. 87. LINGADEVARU S/O TAMMADI LINGAPPA AGED ABOUT 73 YEARS SHARE NO. 101/5. 88. H.R. MAMATHA W/O NAGARAJU AGED ABOUT 43 YEARS SHARE NO.144/5. 89. PREMAKUMARI W/O SUBBAIAH AGED ABOUT 47 YEARS SHARE NO.147/5 90. H.S. SWAMY S/O SUBAIAH AGED ABOUT 46 YEARS SHARE NO. 150/5. - 12 - NC: 2025:KHC:17228 WP No. 9560 of 2025 91. H.M. DEVARAJU S/O KEMPAIAH @ MARISWAMY AGED ABOUT 45 YEARS SHARE NO.67/6. 92. UMESH H.N. S/O LATE NAGAIAH AGED ABOUT 41 YEARS SHARE NO.43/6. 93. ROOPA H.P. W/O PUTTASWAMY AGED ABOUT 43 YEARS SHARE NO.44/6. 94. PUTTASWAMY S/O JAVAREGOWDA AGED ABOUT 72 YEARS SHARE NO.45/6. 95. H.M. SHEELA W/O MAGANNA AGED ABOUT 44 YEARS SHARE NO 86/3. THE PETITIONERS NO.59 TO 95 ARE THE MEMBERS AND VOTERS OF THE RESPONDENT NO.7-SOCIETY FROM THE NON-BORROWER CONSTITUENCY. THE PETITIONERS ARE THE MEMBERS AND VOTERS OF RESPONDENT NO.7-THE S.I. HONNALAGERE MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD, MANDYA DISTRICT-571475. …PETITIONERS (BY SRI. GIRISH N.R. ADV.,) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION - 13 - NC: 2025:KHC:17228 WP No. 9560 of 2025 M. S. BUILDING DR. B. R. AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C 'A' BLOCK SHANTHI NAGAR, K.H. ROAD BANGALORE-560-027 REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKAR ROAD BENGALURU-560001. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT-571401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION, MANDYA MANDYA DISTRICT-571434. 6. THE RETURNING OFFICER THE S.I. HONNALAGERE MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD S.I. HONNALAGERE VILLAGE MADDUR TALUK MANDYA DISTRICT-571475. 7. S.I. HONNALAGERE MULTI PURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCITY LTD. REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959 HAVING OFFICE AT S.I. - 14 - NC: 2025:KHC:17228 WP No. 9560 of 2025 HONNALAGERE VILLAGE MADDUR TALUK MANDYA DISTRICT-571475 REPRESENTED BY ITS PRESIDENT/ CHIEF EXECUTIVE OFFICER. 8. THE ELECTION OFFICER AND JOINT REGISTRAR CO-OPERATIVE SOCIETIES MYSORE DIVISION OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES PUBLIC OFFICES BUILDING NEW SAYYAJI RAO ROAD MYSORE, MYSORE DISTRICT-570024. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R6 SRI. T.L. KIRAN KUMAR, ADV., FOR R2 R7 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7-SOCIETY FOR THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO.7-SOCIETY FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A AND A1 BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS AS VALID AND ELIGIBLE VOTERS AND INCLUDE THEIR NAMES IN THE ELIGIBLE/VALID VOTERS LIST TO ENABLE THEM TO CAST THEIR VOTES IN THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO.7-SOCIETY SCHEDULED TO BE HELD ON 29.03.2025 FOR THE TERM-2025-30 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 15 - NC: 2025:KHC:17228 WP No. 9560 of 2025 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 1 W.P.No.8502/2022 dated 7.6.2022 - 16 - NC: 2025:KHC:17228 WP No. 9560 of 2025 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 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 - 17 - NC: 2025:KHC:17228 WP No. 9560 of 2025 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 SR List No.: 1 Sl No.: 69