Extracted from the PDF above. The PDF is authoritative.
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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
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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,
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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)
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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
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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
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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