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High Court of Karnataka · body

2025 DAILYLAW 31364 (KAR)

SRI. B V VENKATESHAPPA v. THE STATE OF KARNATAKA

WP/21642/2024 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.21642/2024 (CS-EL/M) C/W WRIT PETITION NO.20990/2024 (CS-EL/M) IN W.P. No.21642/2024: BETWEEN: 1. SRI. B.V. VENKATESHAPPA S/O DODDAVENKATAPPA AGED ABOUT 58 YEARS. 2. SRI. B. MUNISHAMI S/O NAREAPPA AGED ABOUT 59 YEARS. 3. SRI. B.N. SREERAMACHANDRA S/O CHIKKANAREPPA AGED ABOUT 56 YEARS. 4. SRI. B. GOVINDAREDDY S/O B.V. GOVINDAIAH AGED ABOUT 52 YEARS. 5. SRI. B.M. NARAYANASWAMY S/O MUNIVENKATAPPA AGED ABOUT 59 YEARS. 6. SRI. B.V. ANJAPPA S/O VENKATAREDDY AGED ABOUT 58 YEARS. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 7. SMT. NAGAMMA W/O KADIRAPPA AGED ABOUT 55 YEARS. 8. SRI. VENKATAREDDY S/O CHIKKANAREPPA AGED ABOUT 54 YEARS. 9. SMT. LAKSHMIDEVAPPA W/O CHOWDAREDDY AGED ABOUT 48 YEARS. 10. SRI. B.N. SREENIVASAREDDY S/O NARAYANASWAMY AGED ABOUT 50 YEARS. 11. SMT. RAJAMMA W/O RAMAREDDY AGED ABOUT 59 YEARS. 12. SMT. VENKATAMMA W/O MUNIVENKATAPPA AGED ABOUT 58 YEARS. 13. SMT. VENKATAMMA W/O GOPALAPPA AGED ABOUT 56 YEARS. 14. SMT. SEETHAMMA W/O RAMANNA AGED ABOUT 55 YEARS. 15. SRI. VENKATASWAMY S/O VENKATAPPA AGED ABOUT 59 YEARS. 16. SMT. SAVITRAMMA W/O B.C. SIDDAREDDY AGED ABOUT 50 YEARS. 17. SRI. V. SUBRAMANI S/O SUBRAMANI AGED ABOUT 45 YEARS. - 3 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 SL.NO.1 TO 17 ARE R/AT BANDAPALLI VILLAGE J THIMMASANDRA POST, RONUR HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT 563135. 18. SRI. M.N. ANANDAREDDY S/O NARASIMHAREDDY AGED ABOUT 55 YEARS. 19. SRI. M. RAMAKRISHNAPPA S/O MUNIVENKATAPPA AGED ABOUT 35 YEARS. 20. SRI. K.N. MANJUNATHA S/O K.N. NARAYANASWAMY AGED ABOUT 49 YEARS. 21. SRI. M. NARAYANASWAMY S/O MUNEPPA AGED ABOUT 50 YEARS. 22. SMT. VENKATAMMA W/O MUNIVENKATAPPA AGED ABOUT 54 YEARS. 23. SMT. PADMAMMA W/O M. VENKATAREDDY AGED ABOUT 45 YEARS. 24. SRI. LAKSHMIDEVAMMA S/O VENKATARAYAPPA AGED ABOUT 44 YEARS. 25. SMT. LAKSHMAMMA W/O BYRAPPA AGED ABOUT 58 YEARS. - 4 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 26. SRI. B. VENKATESHAREDDY S/O BYRAPPA AGED ABOUT 48 YEARS. 27. SRI. V. VENKATARAMANAPPA S/O VENKATARAYAPPA AGED ABOUT 45 YEARS. 28. SRI. M.A. SREENIVASANAYAKA S/O ANJAPPA AGED ABOUT 39 YEARS. 29. SRI. M.N. JAYAPRAKASH S/O M. NARASIMHAREDDY AGED ABOUT 49 YEARS. 30. SRI. C. NARAYANASWAMY S/O CHIKKANAREPPA AGED ABOUT 45 YEARS. SL. NO.18 TO 30 ARE R/AT MANIGANAHALLI VILLAGE AT POST, RONUR HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT 563135. 31. SRI. V. VENKATAREDDY S/O VENKATAPPA AGED ABOUT 59 YEARS. 32. SRI. M. MANJUNATH S/O R. ANANTHAREDDY AGED ABOUT 48 YEARS. 33. SRI. B. ANJAPPA S/O CHINNABYRAPPA AGED ABOUT 54 YEARS. 34. SRI. B. VENUGOPALAREDDY S/O CHIKKAMUNIVENKATAPPA AGED ABOUT 50 YEARS. - 5 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 35. SRI. M.C. MANJUNATHAREDDY S/O CHOWDAREDDY AGED ABOUT 45 YEARS. 36. SRI. REDDAPPA .N S/O NARAYANAPPA AGED ABOUT 46 YEARS. 37. SMT. NAGAMMA S/O NARAYANAREDDY AGED ABOUT 55 YEARS. 38. SMT. VANAJAMMA W/O MUNIREDDY AGED ABOUT 40 YEARS. 39. SRI. V. RAVINDRA S/O VENKATARAMANAPPA AGED ABOUT 48 YEARS. 40. SRI. V. NARAYANASWAMY S/O VENKATAPPA AGED ABOUT 50 YEARS. SL. NO.31 TO 40 ARE R/AT ALAVATTA VILLAGE J. THIMMASANDRA POST KASABA HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT 563135. 41. SMT. THIMMAKKA W/O CHINNAPPAIAH AGED ABOUT 58 YEARS. 42. SMT. ANJAMMA W/O MUNIVENKATAPPA AGED ABOUT 54 YEARS. 43. SRI. VENKATAPPA S/O VENKATABHOYI AGED ABOUT 30 YEARS. - 6 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 44. SRI. VENKATESHAPPA S/O GURUVANABOYI AGED ABOUT 49 YEARS. 45. SMT. VENKATAMMA W/O MUNIVENKATAMMA AGED ABOUT 52 YEARS. 46. SRI. MUNIVENKATAPPA S/O MARAPPA AGED ABOUT 54 YEARS. 47. SRI. GURRAPPA S/O GURUVANABOYI AGED ABOUT 55 YEARS. 48. SRI. DODDAVENKATESHAPPA S/O POOJARAPPA AGED ABOUT 52 YEARS. SL. NO.41 TO 48 ARE R/AT J.V. COLONY J. THIMMASANDRA POST KASABA HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT 563135. 49. SRI. SATHYANARAYANAREDDY S/O DODDAMUNISHAMI AGED ABOUT 53 YEARS. 50. SRI. T.K. VENKATAREDDY S/O KAREPPA REDDY AGED ABOUT 55 YEARS. 51. SRI. T.S. GOPALAKRISHNA S/O SREENIVASAREDDY AGED ABOUT 45 YEARS. 52. SMT. DEVAMMA S/O VENKATESHPPA AGED ABOUT 58 YEARS. - 7 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 53. SMT. P. CHANDRAKALA W/O PEDDAPPAIAH AGED ABOUT 52 YEARS. 54. SRI. VENKATAMMA S/O VENKATAREDDY AGED ABOUT 54 YEARS. 55. SRI. VENKATAREDDY T.C. S/O CHOWDAREDDY AGED ABOUT 52 YEARS. 56. SRI. T.C. MUSTAPHA S/O FAKRUSABHI AGED ABOUT 40 YEARS. 57. SRI. CHOWDAREDDY S/O NARAYANAPPA AGED ABOUT 45 YEARS. 58. SRI. SREENIVASAREDDY S/O MUNISHAMI AGED ABOUT 46 YEARS. 59. SRI. K.S. ARCHANA S/O T.R. SURESH AGED ABOUT 38 YEARS. 60. SRI. NAGARATHNAMMA S/O KONAPPA AGED ABOUT 40 YEARS SL. NO.51 TO 60 ARE R/AT J. THIMMASANDRA POST KASABA HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT 563135. 61. SRI. K.G. NARAYANASWAMY S/O GOVINDAIAH B.V. AGED ABOUT 52 YEARS R/AT KIRUVARA VILLAGE - 8 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 J. THIMMASANDRA POST KASABA HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT-563135. 62. SRI. ASWATHAREDDY S/O NAREPPA AGED ABOUT 52 YEARS. 63. SRI. SREENIVSA S/O VENKATASWAMY AGED ABOUT 40 YEARS. 64. SRI. RATHNAMMA W/O NARAYANAPPA AGED ABOUT 42 YEARS. 65. SMT. THIPPAMMA W/O NARAYANAPPA AGED ABOUT 32 YEARS. 66. SRI. CHANDRAREDDY S/O MUNISHAMI AGED ABOUT 55 YEARS. 67. SRI. T.V. KEMPAREDDY S/O VENKATARAMANA AGED ABOUT 39 YEARS. 68. SRI. T.R. NARAYANASWAMY S/O RAMAKRISHNAPPA AGED ABOUT 54 YEARS. 69. SRI. ANJAMMA W/O VENKATARAYAPPA AGED ABOUT 55 YEARS. 70. SRI. LAKSHAMANA S/O CHOWDAPPA AGED ABOUT 48 YEARS. - 9 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 SL. NO.62 TO 70 ARE R/AT THOPALLY VILLAGE J. THIMMASANDRA POST KASABA HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT-563135. 71. SMT. NAREMMA W/O NARAYANAPPA AGED ABOUT 45 YEARS. 72. SRI. KRISHNAREDDY S/O GOPALAREDDY AGED ABOUT 48 YEARS. 73. SRI. BYRAREDDY S/O SONNAIAH AGED ABOUT 48 YEARS. 74. SRI. R. VENKATAREDDY S/O RAMCHANDRAREDDY AGED ABOUT 55 YEARS. 75. SRI. SHIVAREDDY S/O VENKATASHAMI AGED ABOUT 59 YEARS. 76. SRI. B.V. NARAYANASWAMY S/O NAREPPA AGED ABOUT 55 YEARS. 77. SRI. N. MUNIREDDY S/O NAREPPA AGED ABOUT 48 YEARS. 78. SRI. D.R. RAMAKRISHNAREDDY S/O RAMACHANDRAREDDY AGED ABOUT 49 YEARS. 79. VENKATAPPA AGED ABOUT 55 YEARS S/O NAREPPA. - 10 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 80. PAPANNA AGED ABOUT 56 YEARS. 81. SRI. NARAYANAPPA S/O NANJAPPA AGED ABOUT 54 YEARS. 82. SRI. VENKATESHREDDY S/O CHIKKANAREPPA AGED ABOUT 54 YEARS. 83. SRI. VENKATASHAMI S/O RAMANNA AGED ABOUT 56 YEARS. SL. NO.71 TO 83 ARE R/AT DODAMALA DODDI VILLAGE J. THIMMASANDRA POST KASABA HOBLI SREENIVASAPURA TALUK KOLAR DISTRICT-563135. 84. SMT. LAKSHMINARASAMMA W/O NARASIMAIAH AGED ABOUT 52 YEARS R/AT CHAKKARLAPALLI VILLAGE J. THIMMASANDRA POST RONUR POST SREENIVASAPURA TALUK KIOLAR DISTRICT-563135. …PETITIONERS (BY SRI. KALLESHAPPA K.S. ADV.,) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE - 560001. - 11 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 2. THE STATE CO-OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER 3RD FLOOR, T.T.M.C. A BLOCK K H ROAD, SHANTHINAGAR BANGALORE-560027. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.01, ALI ASKAR ROAD BENGALURU-560001. 4. MANIGANAHALLI VIVIDHYODESHAKA PRATHAMIKA KRUSHI PATINA SAHAKARA SANGHA NIYAMITHA SREENIVASAPURA TALUK KOLAR DISTRICT-563135 REPRESENTED BY ITS CEO/SECRETARY. 5. CO-OPERATIVE DEVELOPMENT OFFICER THE RETURNING OFFICER SRINIVASAPURA TALUK KOLAR DISTRICT KOLARA-563135. 6. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR KOLAR DISTRICT KOLAR-563135. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R5 & R6 SRI. T.L. KIRAN KUMAR, ADV., FOR R2 SRI. K.P. THRIMURTHY, ADV., FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND TO QUASH THE IMPUGNED LIST OF INELIGIBLE VOTERS DTD. 12.07.2024 PUBLISHED BY THE R-4 SOCIETY AS PER ANNX-A TO THE ABOVE WRIT PETITION TO THE PETITIONERS CONCERNED & ETC. - 12 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 IN W.P. NO.20990/2024: BETWEEN: 1. RAMACHANDRA REDDY S/O KADIREPPA AGED ABOUT 65 YEARS KANAGAMAKALAHALLI VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 2. K.N. GOPAMMA W/O KRISHNA REDDY K AGED ABOUT 50 YEARS KANAGAMAKALAHALLI VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563101. 3. B. MUNISWAMY S/O NAREPPA AGED ABOUT 55 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563101. 4. KEMPIREDDY S/O BYRAPPA AGED ABOUT 65 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563101. 5. B. VENKATAREDDY S/O BYRAPPA AGED ABOUT 63 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT -563 101. - 13 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 6. B.K. ACHIREDDY S/O KAREPPA REDDY AGED ABOUT 58 YEARS RESIDING AT BANDAPALLI J THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 7. VENKATASHAMY S/O DODDAVENKATAPPA AGED ABOUT 65 YEARS RESIDING AT BANDAPALLI J THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 8. B.C. ASWATHNARAYANA REDDY S/O CHOWDAPPA AGED ABOUT 60 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 9. SHANTHAMMA S/O MUNIVEERAPPA AGED ABOUT 65 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 10. CHOWDAREDDY S/O VENKATASHAMY AGED ABOUT 62 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. - 14 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 11. B.C. ARUNA C/O CHIKKAVENTAPPA AGED ABOUT 52 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 12. B.C. LAKSHMI D/O CHIKKAVENKATAPPA AGED ABOUT 49 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 13. B.G. SRINIVAS REDDY S/O GOPALAPPA AGED ABOUT 62 YEARS RESIDING AT BANDAPALLI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 14. CHOWDAREDDY S/O CHOWDAREDDY AGED ABOUT 55 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 15. VENAKTESHAPPA S/O VENKATAPPA AGED ABOUT 52 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 16. D.N. NARAYANASWAMY S/O NAREPPA - 15 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 AGED ABOUT 58 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 17. D.S. VEERABHADAPPA S/O SHANKARAPPA AGED ABOUT 68 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 18. D.N. NARAYANASWAMY S/O DEVANNA AGED ABOUT 58 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 19. VENKATESHREDDY S/O CHIKKANAREPPA AGED ABOUT 52 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 20. MUNIVENKATAPPA S/O MARAPPA AGED ABOUT 65 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 21. M. SATYANARAYANA REDDY S/O DODDAMUNISWAMY AGED ABOUT 65 YEARS RESIDING AT J. THIMMASANDRA - 16 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 22. SHIVAREDDY S/O SEENAPPA AGED ABOUT 54 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 23. CHANDRAPPA S/O SEENAPPA AGED ABOUT 58 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 24. T.S. GOPALAKRISHNA S/O SRINIVASA REDDY AGED ABOUT 62 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 25. BYRA REDDY S/O SRINIVASA REDDY AGED ABOUT 55 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 26. T.R. GANGADHAR S/O RAMAPPA AGED ABOUT 52 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST - 17 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 27. T.N. SRINIVASA REDDY S/O NARAYANAPPA AGED ABOUT 64 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 28. N. PRAMEELA W/O RAJASHEKARA REDDY AGED ABOUT 52 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 29. T.B. JAGADEESH S/O BACHI REDDY AGED ABOUT 50 YEARS RESIDING AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135. 30. MAMATHA REDDY S/O T.S. VENKATA REDDY AGED ABOUT 62 YEARS R/ AT J. THIMMASANDRA VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 31. NAREMMA W/O NARAYANAPPA AGED ABOUT 68 YEARS RESIDING AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. - 18 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 32. BACHIREDDY S/O NAREPPA AGED ABOUT 64 YEARS R/ AT DODDAMALADODDI J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 33. M. ANJAPPA S/O MUNISHAMY AGED ABOUT 68 YEARS RESIDING AT KOTTUR VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563 135. 34. MUNIVENKATA REDDY S/O KRISHNAPPA AGED ABOUT 35 YEARS R/ AT KOTTUR VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 35. VEERAPPA REDDY S/O CHIKKAMUNIVENKATAPPA AGED ABOUT 64 YEARS ALAVATTA VILLAGE J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 36. B. ANJAPPA S/O CHINNABYRAPPA AGED ABOUT 60 YEARS R/ AT ALAVATTA VILLAGE J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. - 19 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 37. GOVINDA REDDY S/O NARAYANAPPA AGED ABOUT 65 YEARS R/AT ALAVATTA VILLAGE J. THIMMASANDRA SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 38. T.V. KEMPI REDDY S/O VENKATARVANAPPA AGED ABOUT 67 YEARS R/AT TOOPALLI VILLAGE J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 39. GOVINDAPPA S/O BYRAPPA AGED ABOUT 72 YEARS R/ AT TOOPALLI VILLAGE J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 40. NARAYANASWAMY S/O NAREPPA AGED ABOUT 55 YEARS R/ AT TOOPALLI VILLAGE J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 41. CHINNAMMA S/O VENKATASWAMY AGED ABOUT 62 YEARS KANAGAMAKALAHALLI VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 42. SRIRAMAREDDY S/O NARAYANAPPA - 20 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 AGED ABOUT 48 YEARS R/AT KANAGAMAKALAHALLI VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 43. MUNISWAMY S/O CHIKKAVENKATARAMANA AGED ABOUT 65 YEARS R/ AT KANAGAMAKALAHALLI VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 44. AKKAYAMMA W/O VENKATARAVANAPPA AGED ABOUT 58 YEARS KANAGAMAKALAHALLI VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. 45. BOMMAREDDY S/O VENKATASWAMY AGED ABOUT 68 YEARS KIRUVARA VILLAGE J. THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT 563 135. ...PETITIONERS (BY SRI. RAMACHANDRA N, ADV.,) 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. - 21 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY BMTC BUILDING, 3RD FLOOR SHANTHINAGARA, BENGALURU-560027 REPTD. BY ITS SECRETARY. 3. RETURNING OFFICER CO-OPERATIVE DEVELOPMENT OFFICER SRINIVASPURA TALUK MANIGANAHALLI, PRIMARY MULTIPURPOSE AGRICULTARAL RURAL CO OPERATIVE SOCIETY LIMITED, MANGIANAHALLI SRINIVASPURA TALUK KOLARA DISTRICT 563101. 4. MANIGANAHALLI PRIMARY MULTIPURPOSE AGRICULTARAL RURAL CO OPERATIVE SOCIETY LIMITED MANGIANAHALLI, SRINIVASPURA TALUK KOLARA DISTRICT - 563101 REP. BY ITS SECRETARY. ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R3 SRI. T.L. KIRAN KUMAR, ADV., FOR R2 V/O/DTD:27.03.2025 NOTICE TO R4 D/W) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE LIST PREPARED IN THE R-4 SOCIETY VIDE ANNX-B AS VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE. ISSUE AN APPROPRIATE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENTS TO FOLLOW THE PROVISIONS 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 PETITIONER IN THE RESPONDENT NO.4 SOCIETY BY INCLUDING THE NAMES OF ALL THE MEMBERS OF THE PETITIONER IN THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING ALL OF THEM TO VOTE AND CONTEST IN THE - 22 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 ELECTION SCHEDULED TO BE HELD ON 10.08.2024 VIDE ANNEXURE-A & ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. In WP No.20990 of 2024, notice to respondent No.4 is dispensed with in view of the order proposed to be passed. 2. 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. 3. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 23 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 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. 4. 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. 5. In that view of the matter, I pass the following: ORDER i. The Writ Petitions are disposed of. ii. The Returning Officer in each of the above matters 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 each of the above matters. - 24 - NC: 2025:KHC:16059 W.P. No.21642/2024 C/W W.P. No.20990/2024 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.: 61