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HC-KAR NC: 2025:KHC:24263 WP No. 17606 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. 17606 OF 2025 (CS-EL/M) BETWEEN:
1. SMT CHIKKATHAYAMMA W/O CHOWDA @ MUGA, AGED ABOUT 70 YEARS, SHARE A/C NO.470
2. SRI. NANJASHETTI, S/O JAVARASHETTI, AGED ABOUT 76 YEARS, SHARE A/C NO.188
3. SRI. KRISHNA, S/O KEMPAKALAIAH, AGED ABOUT 58 YEARS, SHARE A/C NO.518. 4. SMT. MAYAMMA, W/O CHIKKOMBALAIAH, AGED ABOUT 60 YEARS, SHARE A/C NO.524. 5. SRI RAMESHA S/O SANNAIAH, AGED ABOUT 55 YEARS, SHARE A/C NO.592. 6. SRI CHANDRAIAH S/O BHADRAIAH, AGED ABOUT 80 YEARS, SHARE A/C NO.592. 7. SRI RUDRESHA S/O SHANKARAIAH, AGED ABOUT 58 YEARS, SHARE A/C NO.462. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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8. SRI SHANKARAIAH S/O BHADRAIAH, AGED ABOUT 85 YEARS, SHARE A/C NO.327. 9. SMT SAKAMMA, W/O BAJJALAH, AGED ABOUT 80 YEARS, SHARE A/C NO.187. 10. SMT. PUTTAMMA, W/O K. GORIGOWDA, AGED ABOUT 72 YEARS, SHARE A/C NO.457. 11. SMT. KEMPAMMA, W/O KRISHNA (DEAF), AGED ABOUT 49 YEARS, SHARE A/C NO.458. 12. SRI. MARISHETTI, S/O MARISHETTI, AGED ABOUT 70 YEARS, SHARE A/C NO.520. 13. SMT. NINGAMMA, W/O GIRIYAPPA, AGED ABOUT 72 YEARS, SHARE A/C NO.334. 14. SRI. K.S.BASAVARAJU, S/O SRINKATAIAH, AGED ABOUT 48 YEARS, SHARE A/C NO.551. 15. SRI. CHALUVAIAH, S/O BETTAIAH, AGED ABOUT 56 YEARS, SHARE A/C NO.644. 16. SMT. SANNAMMA, W/O VENKATAIAH, AGED ABOUT 65 YEARS, SHARE A/C NO.87. - 3 -
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17. SMT. JANAKAMMA, W/O SOMANNA, AGED ABOUT 52 YEARS, SHARE A/C NO.553. 18. SMT. PUSHPA, W/O PUTTASWAMY, AGED ABOUT 53 YEARS, SHARE A/C NO.550. 19. SRI. PUTTASWAMY, S/O MUDALAGIRIGOWDA, AGED ABOUT 65 YEARS, SHARE A/C NO.525. 20. SRI. K.S.MANJUNATHA, S/O SHIVANANJEGOWDA, AGED ABOUT 30 YEARS, SHARE A/C NO.648. 21. SRI. SANTHOSHA. S/O SHIVANANJEGOWDA. AGED ABOUT 40 YEARS, SHARE A/C NO.552. 22. SRI. NANJEGOWDA, S/O NANJEGOWDA AGED ABOUT 67 YEARS, SHARE A/C NO.571. 23. SMT. CHENNAMMA, W/O KEMPEGOWDA, AGED ABOUT 66 YEARS, SHARE A/C NO.330. 24. SMT. CHIKKAMMA, W/O CPC SIPPEGOWDNA NANJEGOWDA, AGED ABOUT 64 YEARS, SHARE A/C NO.198. 25. SMT. PUTTATHAYAMMA, W/O THAMMAIAH, AGED ABOUT 58 YEARS, SHARE A/C NO.612. 26. SMT.
MARICHIKKAMMA, W/O NANJEGOWDA (NISHANI),
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HC-KAR NC: 2025:KHC:24263 WP No. 17606 of 2025
AGED ABOUT 70 YEARS, SHARE A/C NO.420. 27. SRI. HONNAGIRIGOWDA, S/O HONNAGIRIGOWDA, AGED ABOUT 56 YEARS, SHARE A/C NO.495. 28. SMT. RADHA, W/O JAVAREGOWDA, AGED ABOUT 55 YEARS, SHARE A/C NO.620. 29. SRI. PUTTEGOWDA, S/O MARIYAPPA, AGED ABOUT 52 YEARS SHARE A/C NO.433. 30. SRI. KRISHNEGOWDA S/O NANJAIAH KANGALASIPPE, AGED ABOUT 55 YEARS, SHARE A/C NO.559. 31. SRI. CHIKKEGOWDA, S/O PINGOORI SIDDEGOWDA, AGED ABOUT 85 YEARS, SHARE A/C NO.176. 32. SMT. GOWRAMMA, W/O SHIVANANJA, AGED ABOUT 50 YEARS, SHARE A/C NO.466. 33. SRI. KAPANI NANJEGOWDA, S/O KAPANI MAYIGOWDA, AGED ABOUT 80 YEARS, SHARE A/C NO.169. 34. SMT. KAMALAMMA, W/O CHANNEGOWDA, AGED ABOUT 60 YEARS, SHARE A/C NO.543. 35. SMT. JAYAMMA, W/O HOTTEMAYI NANJALAH,
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AGED ABOUT 70 YEARS, SHARE A/C NO.622. 36. SRI. K.L.THIMMACHARI, S/O LAKSHMACHARI, AGED ABOUT 78 YEARS, SHARE A/C NO.407. 37. SRI. BHAGYAMMA, W/O SRIKANTALAH, AGED ABOUT 55 YEARS, SHARE A/C NO.528. 38. SMT. GANGAMMA, W/O KOTEGOWDA, AGED ABOUT 80 YEARS, SHARE A/C NO.393. 39. SMT. SAKAMMA, W/O K. S. RAJU, AGED ABOUT 50 YEARS, SHARE A/C NO.460
40. SRI, KRISHNA, S/O GIRIYAPPA, AGED ABOUT 55 YEARS, SHARE A/C NO.450. 41. SRI. K.V.SRIKANTAIAH, S/O VEERABHADRAIAH, AGED ABOUT 68 YEARS, SHARE A/C NO.541. 42. SMT. DODDATHAYAMMA, W/O PUTTASWAMY, AGED ABOUT 48 YEARS, SHARE A/C NO.515. 43. SMT. MAMGALAMMA, W/O N.MAYANNA, AGED ABOUT 53 YEARS, SHARE A/C NO.365. 44. SRI. JAVAREGOWDA, S/O DYAVEGOWDA,
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HC-KAR NC: 2025:KHC:24263 WP No. 17606 of 2025
AGED ABOUT 60 YEARS, SHARE A/C NO.576. 45. SMT. KEMPAMMA, W/O SIDDAIAH, AGED ABOUT 71 YEARS, SHARE A/C NO.542. 46. SRI. NANJEGOWDA, S/O DEVARAGUDDANA NANJALAH, AGED ABOUT 72 YEARS, SHARE A/C NO.617. 47. SRI. MARIYAPPA, S/O VENKATASHETTI, AGED ABOUT 70 YEARS, SHARE A/C NO.581. 48. SMT. JAYAMMA, W/O CHANNEGOWDNA SIPPE RAMEGOWDA, AGED ABOUT 59 YEARS, SHARE A/C NO. 437
49. SRI.
THAMMAIAH, S/O SANNAIAH, AGED ABOUT 52 YEARS, SHARE A/C NO.578. 50. SMT. RANI D/O KEMPEGOWDA AGED ABOUT 56 YEARS, SHARE A/C NO.366. 51. SRI. NARASIMHACHARI S/O BETTACHARI, AGED ABOUT 48 YEARS, SHARE A/C NO.579. 52. SMT. LAKSHMAMMA, W/O KAMGALA SIPPE MAYANNA @ NAGANNA AGED ABOUT 58 YEARS, SHARE A/C NO.538. 53. SRI. PUTTASWAMY, S/O KANGALA SIPPEGOWDA @NANJAIAH,
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AGED ABOUT 70 YEARS, SHARE A/C NO.282
54. SMT. JAYALAKSHMAMMA S/O KRISHNACHARI, AGED ABOUT 62 YEARS, SHARE A/C NO.614
55. SRI. YOGANANDA, S/O K. T. DASACHARI, AGED ABOUT 54 YEARS, SHARE A/C NO.557
56. SRI. MAYIGOWDA, S/O NANJEGOWDA, AGED ABOUT 80 YEARS, SHARE A/C NO.158
57. SRI. K. DHANANJAYA, S/O KOTEGOWDA, AGED ABOUT 48 YEARS, SHARE A/C NO.493
58. SMT. NINGAMMA, W/O KARIMUDLI MUDALAGIRIGOWDA, AGED ABOUT 75 YEARS, SHARE A/C NO.582. 59. SMT. CHANDRAMMA, W/O MUKUNDA, AGED ABOUT 60 YEARS SHARE A/C NO.427. 60. SRI. RAMESHA, S/O SIPPEGOWDA (KARIBUDDEGOWDA), AGED ABOUT 58 YEARS, SHARE A/C NO.503. 61. SRI. KUMARA, S/O SIPPEGOWDA (KARIBUDDEGOWDA), AGED ABOUT 48 YEARS, SHARE A/C NO.624. 62. SRI. VENKATESHAIAH, S/O MUDALAGIRIGOWDA,
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HC-KAR NC: 2025:KHC:24263 WP No. 17606 of 2025
AGED ABOUT 59 YEARS, SHARE A/C NO.650. 63. SMT. PADMAMMA, W/O NAGARAJU, AGED ABOUT 52 YEARS, SHARE A/C NO.293. 64. SRI. RAMESHA, W/O CHANNASHETTI, AGED ABOUT 57 YEARS, SHARE A/C NO.311. 65. SMT. PUTTAMMA, W/O MARISWAMY, AGED ABOUT 53 YEARS, SHARE A/C NO.658. 66. SRI. K. KUMARASWAMY, S/O LATE KOTEGOWDA, AGED ABOUT 55 YEARS, SHARE A/C NO.387. 67. SRI. SATHISHA, S/O MAYANNA, AGED ABOUT 57 YEARS, SHARE A/C NO.451
68. SRI. THIMMAIAH. K . T S/O GIRIGOWDA, AGED ABOUT 58 YEARS, SHARE A/C NO.396. 69. SRI. VISHAKANTA, S/O ANKEGOWDA, AGED ABOUT 54 YEARS, SHARE A/C NO.587. 70. SRI. GOPALA, S/O CHIKKEGOWDA, AGED ABOUT 52 YEARS, SHARE A/C NO.564. 71. SRI.
KEMPASHETTI, S/O CHOWDASHETTI,
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HC-KAR NC: 2025:KHC:24263 WP No. 17606 of 2025
AGED ABOUT 68 YEARS, SHARE A/C NO.323. 72. 73. SRI PUTTASWAMY S/O MAYIGOWDA AGED ABOUT 46 YEARS SHARE A/C NO. 507. SRI. MAHESHA, S/O SHIVANANJEGOWDA, AGED ABOUT 46 YEARS, SHARE A/C NO.566. 74. SIT. RAMESHA 5/ CHIKKASIPPEGOWDA, AGED ABOUT 52 YEARS, SHARE A/C NO.100. 75. SRI. RAJU. S/O SAHEBANABAJJAIAH, AGED ABOUT 53 YEARS, SHARE A/C NO.616. 76. SRI. SHIVALINGEGOWDA S/O KEMPEGOWDA, AGED ABOUT 71 YEARS, SHARE A/C NO.204. 77. SRI. THIMMAPPA, S/O HELAVASHETTI, AGED ABOUT 47 YEARS, SHARE A/C NO.593. 77. SMT. SANNAMMA W/O PUTTASHETTI, AGED ABOUT 82 YEARS, SHARE A/C NO.548. ALL ARE RESIDING AT KAMBADAHALLI-571416. BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571401 …PETITIONERS (BY SRI. KRISHNA D M.,ADVOCATE)
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HC-KAR NC: 2025:KHC:24263 WP No. 17606 of 2025
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S.BUILDING, DR B.R.AMBEDKAR VEEDHI, BENGALURU-01, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY. 3RD FLOOR, SHANTHINAGARA, T.T.M.C 'A'BLOCK, SHANTHINAGARA, BENGALURU-27. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE, SOCIETIES AND ELECTION OFFICER, MANDYA DISTRICT, MANDYA -571401. 4. RETURNING OFFICER, KAMBADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. KAMBADAHALLI-571416, MANDYA DISTRICT-571401 BASARALU HOBLI, MANDYA TALUK,
5. KAMBADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KAMBADAHALLI-571416 BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571401. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (RESPONDENT NO.5 IS REGISTERED UNDER KCS ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI.
B. RAVINDIRA PRASAD ., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO 2 TO 5 TO INCLUDING THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTER LIST PRODUCED AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE
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HC-KAR NC: 2025:KHC:24263 WP No. 17606 of 2025
RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 22.6.2025 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 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
1 W.P.No.8502/2022 dated 7.6.2022
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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 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
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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.: 136