- 1 - NC: 2025:KHC-D:1612-DB WA No. 100057 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO.100057 OF 2025 (CS-EL/M) BETWEEN: 1. GOVIND N NAIK S/O NARAYAN NAIK. AGE: 54 YEARS, R/O. KANAKODLU KONAR VILLAGE, KUMTA TALUK-581320, UTTARA KANNADA DISTRICT. 2. ANNAPPA V NAIK S/O VITTAL NAIK, AGE: 41 YEARS, R/O. KANAKODLU KONAR VILLAGE, KUMTA TALUK-581320, UTTARA KANNADA DISTRICT. 3. SAVITA M GOND W/O MASTI GOND, AGE: 41 YEARS, R/O. KANAKODLU KONAR VILLAGE, KUMTA TALUK-581320, UTTARA KANNADA DISTRICT. 4. NAGESH N GOND S/O NARAYAN GOND, AGE: 30 YEARS, R/O. KANAKODLU KONAR VILLAGE, KUMTA TALUK-581320, UTTARA KANNADA DISTRICT. - APPELLANTS (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY IT’S SECRETARY, DEPT. OF CO-OPERATION, M.S.BUILDING, BENGALURU-01. 2. DISTRICT ELECTION OFFICER AND THE DEPUTY REGISTRAR OF CO-OP SOCIETIES OF KARWAR SUB-DIVISION, PRIMARY CO-OP SOCIETY, U.K. DISTRICT. 3. CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTINAGAR, Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1612-DB WA No. 100057 of 2025 T.T.M.C. “A” BLOCK, SHANTI NAGAR, BENGALURU-560027 REP. BY ITS SECRETARY 4. THE CO-OPERATIVE DEVELOPMENT OFFICER, KUMTA TALUK-581320, DIST: UTTARA KANNADA DISTRICT. 5. THE RETURNING OFFICER, THE SIDDHIVINAYAKA MULTI-PURPOSE CO-OPERATIVE SOCIETY, KUMTA TALUK-581320, DIST: U K DISTRICT. 6. THE SIDDHIVINAYAKA MULTI-PURPOSE CO-OPERATIVE SOCIETY, KUMTA TALUK-581 320, DIST: U K DISTRICT, BY ITS SECRETARY. - RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1,R2 & R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE APPEAL AND PERMIT THE APPELLANTS/PETITIONERS TO CONTEST THE ELECTION WHEREIN LAST DATE OF FILING THE NOMINATION IS SCHEDULE ON 30.01.2025 THE ELECTION OF 6TH RESPONDENT SOCIETY SCHEDULED TO BE HELD ON 07.02.2025 BY ALLOWING THE W.P. NO. 100471/2025 & ETC., THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:1612-DB WA No. 100057 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The appellants are petitioners in W.P. No. 100471/2025 and they have filed this writ petition for direction to the respondents to include their names in the final eligible voters list and to permit them to contest and cast their votes in the election to be held on 07.02.2025. The appellants have also sought for interim orders to both contest and cast their votes in the aforesaid elections. The learned counsel for the appellants submits that the Writ Court has permitted the appellants to cast their votes but not to contest the elections and as such the present appeal is filed. On perusal of the grounds urged in the writ petition and upon hearing Sri Praveen K. Uppar, the learned Additional Government Advocate, who is called upon to accept notice for the first, second and the fourth respondent, this Court is not inclined to interfere as all questions are open to be considered in the writ petition. The appeal stands disposed of accordingly. - 4 - NC: 2025:KHC-D:1612-DB WA No. 100057 of 2025 Consequentially, pending applications also stand disposed of accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 5