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2025 DAILYLAW 27301 (KAR)

KRISHNA v. THE STATE OF KARNATAKA

WP/15360/2025 · 2025-07-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15360 OF 2025 (CS-EL/M) BETWEEN: 1. KRISHNA S/O BORAIAH AGED ABOUT 50 YEARS MEMBERSHIP NO. 38 2. SMT. JAYAMMA W/O SHIVALIGANGIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.103 3. Y.B. VENKATESH S/O BORAIAH Y AGED ABOUT 55 YEARS MEMBERSHIP NO. 182 4. BORAMMA W/O CHANNEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.51 5. SWAMY D. DODDABOREGOWDA AGED ABOUT 34 YEARS MEMBERSHIP NO.5 6. SHIVAKUMARA S/O GANGAIAH AGED ABOUT 50 YEARS MEMBERSHIP NO.261 7. LAKSHMAMMA W/O SHIVALINGAIAH K AGED ABOUT 62 YEARS MEMBERSHIP NO.98 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 8. CHALUVAMMA W/O CHIKKABORAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.108 9. PUTTAMMA W/O BORAIAH G AGED ABOUT 60 YEARS MEMBERSHIP NO.124 10. KRISHNA Y.R S/O RAMALINGEGOWDA H AGED ABOUT 42 YEARS MEMBERSHIP NO.84 11. BORAMMA W/O KANGAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.161 12. SHIVAKUMARA Y.C S/O CHIKKABORAIAH AGED ABOUT 40 YEARS MEMBERSHIP NO.37 13. Y.C THAMMANNA S/O CHIKKAHYDEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.178 14. JAVAREGOWDA S/O BOREGOWDA AGED ABOUT 63 YEARS MEMBERSHIP NO.4 15. DEVARAJU S/O. PUTTARANGASHETTY AGED ABOUT 50 YEARS MEMBERSHIP NO.185 16. PERINAYUGAM S/O. ASHIRWADAM, - 3 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AGED ABOUT 55 YEARS MEMBERSHIP NO.260 17. BHAGYA W/O NATHAIAH AGED ABOUT 54 YEARS MEMBERSHIP NO.43 18. CHANDRASHEKAR S/O. BOREGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.13 19. SMT DEVAMMA W/O SHANKAR AGED ABOUT 54 YEARS MEMBERSHIP NO.24 20. JAYAMMA W/O. CHIKKABORAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.27 21. CHANDRASHEKAR Y.H S/O. HOMBAIAH L AGED ABOUT 45 YEARS MEMBERSHIP NO.253 22. MANGALA W/O BOREGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.92 23. MANGALA W/O RAMESH AGED ABOUT 51 YEARS MEMBERSHIP NO.61 24. UMA W/O MADEGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.177 - 4 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 25. MANJU KARIHOMBEGOWDA AGED ABOUT 40 YEARS MEMBERSHIP NO.278 26. KRISHNAMURTHY S/O. BORALAH Y.J AGED ABOUT 50 YEARS MEMBERSHIP NO. 305 27. PARVATHI W/O SIDDAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.134 28. MEENA W/O JAYARAMU AGED ABOUT 60 YEARS MEMBERSHIP 226 29. HANUMAMMA W/O. DODDA BORADASALAH AGED ABOUT 73 YEARS MEMBERSHIP 46 30. THAYAMMA W/O NINGARAJU AGED ABOUT 50 YEARS MEMBERSHIP NO.133 31. SAVITHRAMMA W/O CHIKKABORAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.47 32. NARATHNA W/O RAJU K.N AGED ABOUT 50 YEARS MEMBERSHIP NO.142 33. KUMARI W/O CHANDRU AGED ABOUT 50 YEARS MEMBERSHIP NO.126 - 5 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 34. JAYAMMA W/O CHANNEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO.190 35. RADHA W/O V.B PRAKASH AGED ABOUT 45 YEARS MEMBERSHIP 280 36. RATHNAMMA W/O DYAVALINGAPPA AGED ABOUT 60 YEARS MEMBERSHIP 53 37. BHARATHI W/O RAMALINGAIAH AGED ABOUT 60 YEARS MEMBERSHIP 85 38. THAMMANNA W/O HALAGURU MADAIAH AGED ABOUT 55 YEARS MEMBERSHIP 86 39. SMT LAKSHMAMMA W/O SHIVANNA Y.C. AGED ABOUT 55 YEARS MEMBERSHIP 93 40. SHIVARAMU S/O SIDDEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP 78 41. PARVATHI W/O SRINIVASA AGED ABOUT 45 YEARS MEMBERSHIP 89 42. SMT LAKSHMI W/O CHOWDEGOWDA - 6 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AGED ABOUT 50 YEARS MEMBERSHIP 95 43. PADMA W/O SANNEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP 71 44. RAMESH Y.S W/O SIDDAIAH AGED ABOUT 55 YEARS MEMBERSHIP 80 45. SHANKAR Y.N S/O. NINGEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP 119 46. SMT. HONNAMMA W/O MADDURAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO. 140 47. SIDDEGOWDA S/O. CHOWDEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP 166 48. SMT. NAGAMMA W/O PUTTASWAMY AGED ABOUT 48 YEARS MEMBERSHIP 155 49. PREMA W/O ANNAIAH AGED ABOUT 62 YEARS MEMBERSHIP 102 50. JAYAMMA H.C. S/O. SIDDARAMAIAH AGED ABOUT 55 YEARS MEMBERSHIP 123 - 7 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 51. SMT. YASHODHA Y.B S/O. SIDDARAMEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP -1 52. THAMMANNA N S/O. NINGEGOWDA AGED ABOUT 63 YEARS MEMBERSHIP 15 53. RAMESHA Y.B. S/O. BORGEGOWDA AGED ABOUT 61 YEARS MEMBERSHIP 113 54. CHIKKAHYDEGOWDA S/O. THIMMEGEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP 162 55. CHANDRAMMA W/O RAJANNA AGED ABOUT 62 YEARS MEMBERSHIP 164 56. SAVITHA W/O. DODDAHOMBEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP 194 57. SMT ANASUYAMMA W/O MANIKYAM AGED ABOUT 73 YEARS MEMBERSHIP 107 58. SMT. LAKSHMAMMA W/O. CHIKKABORAIAH Y J AGED ABOUT 65 YEARS MEMBERSHIP 11 59. SUKANYA W/O UMESHA D. - 8 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AGED ABOUT 45 YEARS MEMBERSHIP 239 60. SMT LAKSHMI W/O GOVINDARAJU AGED ABOUT 55 YEARS MEMBERSHIP 216 61. JAVARAYI S/O. JAVARAYA AGED ABOUT 72 YEARS MEMBERSHIP 193 62. RAMAKRISHNA S/O. MARIGEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP 225 63. ANANDA S/O. SHANKAREGOWDA AGED ABOUT 40 YEARS MEMBERSHIP 148 64. PREMALATHA W/O MUNISWAMY AGED ABOUT 61 YEARS MEMBERSHIP 258 65. RAVICHANDRA Y.J S/O. BORAIAH AGED ABOUT 52 YEARS MEMBERSHIP 264 66. SATISHA S/O. CHAMUNIDIGOWDA AGED ABOUT 44 YEARS MEMBERSHIP 270 67. SMT RAJALAKSHMI W/O. KRISHNA AGED ABOUT 45 YEARS MEMBERSHIP 274 - 9 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 68. SRINIVAS G.R. S/O. RAMALINGEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP 298 69. JAYARAMA S/O. BOREGOWDA AGED ABOUT 61 YEARS MEMBERSHIP 306 70. CHIKKACHOWDAMMA W/O. BOJJAPPA AGED ABOUT 80 YEARS MEMBERSHIP 33 71. SMT. JAYAMMA W/O MARIGOWDA AGED ABOUT 75 YEARS MEMBERSHIP 39 72. SUNDRAMMA W/O RAJU R AGED ABOUT 55 YEARS MEMBERSHIP 35 73. NANJUNDEGOWDA Y.V. S/O. CHODEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP 60 74. SMT JAYAMMA W/O SHIVALINGAIAH AGED ABOUT 65 YEARS MEMBERSHIP 103 75. SMT PUTTAMMA W/O. SIDDEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP 1187 76. SMT. JAYAMMA G.K. W/O. G.K. PUTTASWAMY - 10 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AGED ABOUT 65 YEARS MEMBERSHIP 150 77. SMT. SHANTHAMMA W/O GURURAJU 78. KRISHNEGOWDA G K S/O KEMPEGOWDA AGED ABOUT 55 YEARS, MEMBERSHIP 157 79. G K SHEELA W/O SOMANNA AGED ABOUT 45 YEARS MEMBERSHIP 211 80. SAVITHA W/O RAMALINGAIAH AGED ABOUT 48 YEARS MEMBERSHIP 282 81. KAMALAMMA S/O KRISHNA AGED ABOUT 45 YEARS MEMBERSHIP 201 82. SMT. CHIKKAMMA W/O SHIVALINGAIAH AGED ABOUT 67 YEARS MEMBERSHIP 203 83. SMT. MAHDEVAMMA W/O SHIVALINGAIAH AGED ABOUT 45 YEARS MEMBERSHIP 202 84. G N RAMEGOWDA S/O NINGAIAH @ PUTTASWAMY AGED ABOUT 65 YEARS MEMBERSHIP 205 85. ANANTHARAMU G G S/O A VENKATARAMU - 11 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AGED ABOUT 58 YEARS MEMBERSHIP 55 86. PARVATHI W/O KRISHNAPPA AGED ABOUT 57 YEARS MEMBERSHIP 277 87. MALLESHA S/O PARVATHAPPA AGED ABOUT 52 YEARS MEMBERSHIP 230 88. CHIKKACHANNEGOWDA S/O NINGEGOWDA AGED ABOUT 62 YEARS MEMBERSHIP 241 89. G S MAHENDRA S/O SUBBEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP 252 90. ARKESHWARAIAH S/O SHIVALINGAIAH AGED ABOUT 50 YEARS MEMBERSHIP 242 91. SUDHA W/O JAYARAMA AGED ABOUT 45 YEARS MEMBERSHIP 219 92. HOMBAMMA W/O DYAVAIAH AGED ABOUT 60 YEARS MEMBERSHIP 205 93. NAGESHA S/O CHANNAIAH AGED ABOUT 55 YEARS MEMBERSHIP 233 94. NAGARATHANA W/O SHANTHARAJU - 12 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AGED ABOUT 48 YEARS MEMBERSHIP 82 95. SHESHABHATTA G S/O VENKATARAMU G AGED ABOUT 75 YEARS MEMBERSHIP 192 96. SMT GOWRAMMA W/O CHIKKAMARI AGED ABOUT 55 YEARS MEMBERSHIP 212 97. GAYATHRI W/O KRISHNA G H AGED ABOUT 48 YEARS MEMBERSHIP 217 98. H N SAROJA W/O SRINIVASAJU AGED ABOUT 52 YEARS MEMBERSHIP 144 99. CHOWDASHETTY S/O MOTANNA AGED ABOUT 57 YEARS MEMBERSHIP NO.198 100. LOKESHA S/O CHIKKADYAVAIAH AGED ABOUT 45 YEARS MEMBERSHIP 228 101. KRISHNA KUMAR S/O HUCHAIAH G H AGED ABOUT 48 YEARS MEMBERSHIP 200 102. LAKSHMAMMA W/O CHALUVARAJU AGED ABOUT 54 YEARS MEMBERSHIP 204 - 13 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 103. SIDDAPPA W/O SIDDAPA G AGED ABOUT 48 YEARS MEMBERSHIP 232 104. SHANTHA H C W/O SHIVARAJU C J AGED ABUT 45 YEARS MEMBERSHIP 206 105. SHALINI W/O RAVI AGED ABOUT 47 YEARS MEMBERSHIP NO.207 106. BASAVARAJU S/O BASAVEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP 57 107. CHANDRAMMA SHIVANNA AGED ABOUT 53 YEARS MEMBERSHIP NO.143 108. SMT SHANTHAMMA W/O B K GANGADHAR AGED ABOUT 53 YEARS MEMBERSHIP 143 109. JAYAMMA B W/O SIDDAIAH AGED ABOUT 73 YEARS MEMBERSHIP 171 110. HOMBEGOWDA Y C S/O CHIKKABOREGOWDA AGED ABOUT 45 YEARS MEMBERSHIP 56 ALL ARE MEMBERS OF YATHAGADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, MANDYA TALUK AND DIST 571403 …PETITIONERS (BY SRI. T DADAKHALANDAR., ADVOCATE) - 14 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027, REP. BY ITS SECRETARY. 3. RETURNING OFFICER YATHAGADANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, YATHAGADAHALLI MANDYA TALUK AND DIST-571403 4. CHIEF EXECUTIVE OFFICER YATHAGADANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, YATHAGADAHALLI MANDYA TALUK AND DIST-571403 (REGISTERED UNDER THE KARNATAKA CO-OP SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R3; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. B. RAVINDRA PRASAD., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT TO FOLLOW THE PROVISION CONTAINED IN RULE 13 D (2-A) OF THE KCS RULES 1960 AS THE MANDATE OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE R4 SOCIETY BY INCLUDING THE NAMES OF ALL THE MEMBERS OF THE PETITIONERS IN THE LIST OF ELIGIBLE VOTES AND BY PERMITTING ALL OF THEM TO VOTE IN THE ELECTION SCHEDULE TO BE HELD ON 01.06.2025 AND ETC. - 15 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 16 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 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 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 - 17 - HC-KAR NC: 2025:KHC:24262 WP No. 15360 of 2025 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.: 133