Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17089 WP No. 11120 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. 11120 OF 2025 (CS-EL/M) BETWEEN:
1. BHARATHI E., W/O. DEVRAJAPPA, AGED ABOUT 59 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 277
2. PARAMESHWARAPPA, S/O. CHAUDAPPA, AGED ABOUT 38 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 254
3. RUDRAPPA, S/O.HALAPPA, AGED ABOUT 42 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 257
4. RAJASEKHARAPPA, S/O. PARAJJI MARULAPPA, AGED ABOUT 46 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 264
5. MAHESHWARAMMA, W/O. BASAVARAJAPPA, AGED ABOUT 51 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 282
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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6. RATNAMMA, W/O. RAJASEKHARAPPA B, AGED ABOUT 60 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116. MEMBERSHIP NO. 289
7. RATNAMMA, W/O. SHIVAPPA, AGED ABOUT 43 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116. MEMBERSHIP NO. 335
8. VASANTHKUMAR, W/O. KUMARAРРА, AGED ABOUT 45 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 375
9. MADAMMA C.Н., S/O. BASAVARAJAPPA, AGED ABOUT 64 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 432
10. LOKESHAPPA, S/O. CHAUDAPPA, AGED ABOUT 67 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 438
11. NANJUNDAIAH, S/O. GURU BASAVAIAH, AGED ABOUT 63 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 441
12. RAGHAVENDRA, S/O. RAMACHANDRAPPA, AGED ABOUT 59 YEARS, R/A. BISILERE, KADUR,
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CHIKMAGALUR-577116 MEMBERSHIP NO. 440
13. MALLESHAPPA S/O SIDDARAMAPPA, AGED ABOUT 43 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116 MEMBERSHIP NO. 450
14. SIDDARAMAPPA S/O BASAPPA AGED ABOUT 40 YEARS, R/A. BASURU, KADUR TALUK. CHIKKAMAGALURU 577116. MEMBERSHIP NO. 454
15. SRIKANTHAРРА, S/O. HANUMANTHAPPA, AGED ABOUT 43 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 456
16. RATHNAMINA, W/O. RAJASEKHARAPPA, AGED ABOUT 45 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU-577116. MEMBERSHIP NO. 479
17. RATHNAM, W/O. MARULAPPA, AGED ABOUT 44 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU-577116. MEMBERSHIP NO. 480
18. JAYAMMA, W/O. RAKESH, AGED ABOUT 47 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU, MEMBERSHIP NO. 496
19. RENUKAMMA, W/O. CHANNABASAVAIAH,
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AGED ABOUT 46 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO.
506
20. KANTAMMA, W/O. YOGEESHAPPA, AGED ABOUT 53 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 508
21. PRASANNA B.M., S/O. MALLAPPA, AGED ABOUT 54 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 510
22. SHIVAMURTHY, S/O. VENKATESHAPPA, AGED ABOUT 50 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 534
23. CHANDRASEKHARAIAH, S/O.CHANNAPPA, AGED ABOUT 51 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 550
24. GOWRAMMA, W/O. SHIVAMURTHY, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 551
25. RANGAPPA, S/O. MARULAPPA, AGED ABOUT 43 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 562
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26. SHANTAMMA, W/O. RANGAPPA А. М., AGED ABOUT 41 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 563
27. LIKHIT KUMAR, S/O. RANGAPPA A. M., AGED ABOUT 43 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 564
28. SMT.SHAMBAVI, W/O. LIKHIT KUMAR, AGED ABOUT 57 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 565. 29. PRABHULINGAPPA B.N., S/O. NANJUNDAPPA, AGED ABOUT 44 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 566
30. SHARADAMMA, W/O. CHANDRAMMA, AGED ABOUT 49 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 571
31. BHAVANA, W/O. BHUBANESWAR, AGED ABOUT 48 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 573
32. KARIYAPPA, S/O. RANGAPPA, AGED ABOUT 44 YEARS, R/A. GK HALLI, KADUR TALUK,
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CHIKKAMAGALURU 577116. MEMBERSHIP NO. 580
33. RAJAPPA, S/O.DODDAIAH, AGED ABOUT 46 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 583
34. MALLAMMA, W/O. MALLESHAPPA, AGED ABOUT 42 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 597
35. LOHITASHVA, S/O. MALLESHAPPA, AGED ABOUT 53 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 598
36.
MARULAIAH, W/O. RUDRAYYA, AGED ABOUT 50 YEARS, R/A. AREHALLI, KADUR TALUK, C HIKKAMAGALURU - 577116. MEMBERSHIP NO. 601
37. NANJUNDASWAMY, S/O. MARULAYYA, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 603
38. TIPPESHAMMA, W/O. NINGARAJAPPA, AGED ABOUT 54 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 614
39. MADHU G.D., W/O.DODDAIAH,
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AGED ABOUT 58 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 621
40. LEPAKSHA G.R., S/O. RANGAPPA, AGED ABOUT 46 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 633
41. RAMAPPA, W/O. HALAPPA, AGED ABOUT 45 YEARS, R/A. BISILERE, KADUR CHIKMAGALUR - 577116. MEMBERSHIP NO. 656
42. SIDDARAMAMMA, W/O. SHIVRUDRAPPA, AGED ABOUT 53 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 687
43. KARIAPPA, S/O. THIMMAPPA, AGED ABOUT 52 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 696
44. OMKARAMMA, W/O. CHANDRAPPA, AGED ABOUT 40 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 697
45. SHANKARAPPA, S/O. MALLAPPA, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 709
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46. RENUKAPPA, W/O. ESHWARAPPA. AGED ABOUT 43 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 714
47. HANUMANTHAPPA, S/O. THIMAYU, AGED ABOUT 44 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 717
48. MAULESH, S/O. CHANDRASEKHARAPPA, AGED ABOUT 55 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 720
49. AMBIKA, D/O. JAYAMMA, AGED ABOUT 48 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 728
50. DHANALAKSHMI, W/O. KALLESAPPA, AGED ABOUT 40 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 736
51. BASAVARAJA T., S/O. THIMMAPPA, AGED ABOUT 50 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 737
52.
SHASHIDHAR A.N., S/O. NEELKANTHAPPA, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK,
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CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 747
53. VENKATESH BHOVI, S/O.PUTTA BHOVI, AGED ABOUT 57 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 755
54. SANNA THIMMAIAH, S/O.BHUTHANNA, AGED ABOUT 48 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 757
55. MYLARAPPA, S/O. THIMMANNA, AGED ABOUT 42 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 761
56. HANUMANTHAPPA, S/O. THIMMAPPA, AGED ABOUT 41 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 762
57. SIDDARAMAPPA, S/O. KARIAPPA, AGED ABOUT 53 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU-577116. MEMBERSHIP NO. 763
58. KARIAPPA, S/O. VAGAMALLAPPA, AGED ABOUT 51 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU -577116. MEMBERSHIP NO. 764
59. HANUMANTHAPPA, S/O. THIMMAPPA,
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AGED ABOUT 68 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 767
60. RANGAPPA, S/O. RANGASWAMY, AGED ABOUT 57 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116. MEMBERSHIP NO. 776
61. SIDDARAMAPPA, S/O. BASAPPA, AGED ABOUT 47 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 819 …PETITIONERS (BY SRI. SAILESH S KATAREY.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BISLERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU -577116, REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD.,
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BISLERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU-577116. …RESPONDENTS (BY SRI.
YOGESH D.NAIK., AGA FOR R1.,ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE B AND PERMIT THE PETITIONER NO.1 TO CONTEST AND PETITIONER NO.2-61 TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 12-04-2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC. THIS WRIT 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 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
1 W.P.No.8502/2022 dated 7.6.2022
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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. 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
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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 time frame prescribed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SR, List No.: 1 Sl No.: 25