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2025 DAILYLAW 35970 (KAR)

SRI KADRI NARAYANA v. THE STATE OF KARNATAKA

WP/363/2024 · 2025-03-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:10730 WP No. 363 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 363 OF 2024 (CS-EL/M) BETWEEN: 1. SRI KADRI NARAYANA S/O AMMAKKA, AGED ABOUT 65 YEARS, KADKE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI 576 230 MEMBERSHIP NO. 288 2. SRI. MANJUNATHA HEBBAR S/O RAMAKRISHNA HEBBAR AGED ABOUT 59 YEARS, R/AT CHUNGIGUDDE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI 576 230 MEMBERSHIP NO 395 3. SRI. CHANDRASHEKAR HEBBAR S/O SUBRAMANYA HEBBAR AGED ABOUT 57 YEARS, R/AT CHUNGIGUDDE NADA VILLAGE AND POST, BYNDOOR TALUK UDUPI 576 230 MEMBERSHIP NO. 475 4. SRI. MANJU SHETTY S/O GOVINDA SHETTY AGED ABOUT 48 YEARS, R/AT SANNA PADUMANE KADKE NADA VILLAGE AND POST, BYNDOOR TALUK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10730 WP No. 363 of 2024 UDUPI 576 230 MEMBERSHIP NO. 495 5. SRI. JAYARAM HEBBAR S/O SHANKAR HEBBAR AGED ABOUT 51 YEARS, CHIKKALLI NADA VILLAGE AND POST BYNDOOR TALUK UDUPI 576 230 MEMBERSHIP NO. 662 6. SRI KRISHNAPPA SHETTY S/O RUKAMMA SHEDTI AGED ABOUT 41 YEARS, KONKI NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI 576 230 MEMBERSHIP NO 668 7. SRI. GOVINDA SHETTY S/O MADAIAH SHETTY AGED BOUT 52 YEARS, KONKI NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI 576 230 MEMBERSHIP NO 669 8. SMT. SINGARI SHEDTI S/O GOVINDA SHETTY AGED ABOUT 47 YEARS, R/AT ANGADIBETTU KONKI NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI 576 230 MEMBERSHIP NO 670 9. SRI. ANNOJI K NAYAK S/O KRISHNARAYA NAYAK AGED ABOUT 49 YEARS, R/AT GUDDE ANGADI, KONKI NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI 576 230 MEMBERSHIP NO 723 10. SRI MAHABALA K KANCHAN S/O KORAGANAIKA - 3 - NC: 2025:KHC:10730 WP No. 363 of 2024 AGED ABOUT 39 YEARS R/A BEDRADIMANE NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.789 11. SRI RAGHURAMA SHETTY S/O SURAPPA SHETTY AGED ABOUT 62 YEARS R/A PADUMANE KADKE NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.915 12. SMT KUSUMA SHEDTI D/O PUTTAYYA SHETTY AGED ABOUT 38 YEARS R/A THENKABYLU NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.972 13. SRI SOMAIAH S/O NAGAPPA POOJARI AGED ABOUT 62 YEARS R/A BOBBERYANAKERE NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1004 14. SMT NAGARATNA SHEDTI D/O KORAGAMMA SHETI AGED ABOUT 53 YEARS KADKE, NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1019 15. SRI RAJEEVA MADYASTA S/O VENKAPPA MADYASTA AGED ABOUT 57 YEARS - 4 - NC: 2025:KHC:10730 WP No. 363 of 2024 R/A NEAR MAHAVISHNU TEMPLE HADAVU VILLAGE AND POST BYNDOOR TALUK UDUPI-576235 MEMBERSHIP NO.1043 16. SRI MAHABALA SHETTY S/O NAGAIAH SHETTY AGED ABOUT 53 YEARS R/A PADUMANE KONKI, NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1093 17. SMT SUBBAKKA SHEDTI W/O KRISHNAPPA SHETTY AGED ABOUT 52 YEARS R/A SAMSADI NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1126 18. SRI M P UPPENDRA PRABHU S/O LATE M P RAGHUNATH PRABHU AGED ABOUT 47 YEARS R/A GUDDE ANGADI NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1152 19. SRI RAJEEV ACHARI S/O NAGAPPA ACHARI AGED ABOUT 48 YEARS R/A NEAR CONVENT NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1157 20. SMT NAGU POOJARTHI D/O CHIKKU POOJARY AGED ABOUT 52 YEARS R/A KADRI MANE - 5 - NC: 2025:KHC:10730 WP No. 363 of 2024 KONKI, NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1176 21. SRI SHESHU SHETTY S/OP LATE MONAPPA SHETTY AGED ABOUT 47 YEARS R/A SAMSADI NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1177 22. SMT SINGARI SHEDTI D/O NAGAMMA SHEDTI AGED ABOUT 51 YEARS R/A SAMSADI NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1178 23. SMT SIDDU KUMBARTHI W/O VENKA KUMARA AGED ABOUT 47 YEARS R/A JADDIMANE KONKI, NADA VILLAGE AND POST BYNDOOR TALUK UDUPI-576230 MEMBERSHIP NO.1207 24. SRI CHANDRA GANIGA, S/O MUTTA, AGED 37 YEARS, R/AT ASHIRVADA NILAYA, MATADA BETTU, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO. 1209 25. SRI SHIVARAMA SHETTY S/O RAMANNA SHETTY, AGED 61 YEARS, R/AT KEMBYLU NADA VILLAGE AND POST - 6 - NC: 2025:KHC:10730 WP No. 363 of 2024 BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1215 26. SRI SHEENA ACHARI, S/O PUTTAIAH ACHARI, AGED 51 YEARS, R/AT KADKE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1220 27. SRI NAGAPAIAH ACHARI, S/O VASA ACHARI, AGED 46 YEARS, R/AT JADDINAMANE, HEMMUNJE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1228 28. SRI PUTTAIAH ACHARI, S/O KRISHNAIAH ACHARI, AGED 47 YEARS, R/AT HEMMUNJE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1229 29. SRI TEJAPPA SHETTY S/O VEERANNA SHETTY, AGED 56 YEARS, R/AT BOGYADI, R./AT HEMMUNJE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1233 30. SRI NAGAPAIAH HEBBAR, S/O NARAYANNA HEBBAR, AGED 63 YEARS R/AT PADUKONE NADA VILLAGE AND POST - 7 - NC: 2025:KHC:10730 WP No. 363 of 2024 BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1254 31. SMT. MUKKAMMA SHEDTI D/O SUBBAKKA SHEDTI, AGED 62 YEARS, R/AT KELAMANE, KONKI, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1262 32. SRI SANJEEVA SHETTY S/O NAGAIAH SHETTY AGED 54 YEARS R/AT MAKKIMANE SAMSADI, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1318 33. SMT. SUSHEELA SAMAGARATI W/O MANJU SAMAGARA, AGED 47 YEARS, R/AT TENKABYLU NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1338 34. SMT. PADAMMA SHEDTI W/O GOVINDA SHETTY AGED 42 YEARS, R/AT GUDIMANE HEMMUNJE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1340 35. SMT. GULABI SHEDTI W/O RAGHURAMA SHETTY, AGED 47 YEARS, R/AT DODDAPAUMANE, KADKE,NADA VILLAGE AND POST BYNDOOR TALUK, - 8 - NC: 2025:KHC:10730 WP No. 363 of 2024 UDUPI - 576230 MEMBERSHIP NO.13441 36. SRI MANJAIAH SHETTY, S/O HERIYANNA SHETTY, AGED 48 YEARS, R/AT KASABETTU HEMMUNJE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1657 37. SMT. SEETHAMMA SHEDTI, W/O MANJAIAH SHETTY AGED 46 YEARS R/AT SANNAPADUMANE, KADKE, NADA VILLAGE AND POST BYNDOOR TALUK, UDUPI - 576230 MEMBERSHIP NO.1666 38. SRI SHEENA POOJARI W/O KARIYA POOJARI, AGED ABOUT 52 YEARS, R/AT JADDADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1743. 39. SMT PADDAMMA SHEDTI D/O NAGAMMA SHEDTI, AGED ABOUT 56 YEARS, HEMMUNJE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1755. 40. SRI PANJU POOJARI S/O ANNAIAH POOJARI, AGED ABOUT 49 YEARS, R/AT AKSALEBETTU, KONKE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1778. - 9 - NC: 2025:KHC:10730 WP No. 363 of 2024 41. SMT SAKAMMA SHEDTI W/O MALINGA SHETTY, AGED ABOUT 57 YEARS, R/AT KONKE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1783. 42. SMT PREMA SHEDTI D/O MUTTAKKA SHEDTI, AGED ABOUT 47 YEARS, R/AT THENKABYLU, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1792. 43. SMT NAGAMMA YANE NAGARATHNA SHEDTI D/O GANAPAIAH SHETTY, AGED ABOUT 46 YEARS, R/AT PADUKONE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1829. 44. SMT GULABI SHEDTI D/O VENKAMMA SHEDTI, AGED ABOUT 51 YEARS, R/AT HOSAMANE, SAMSADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1850. 45. SMT GIRIJAMMA SHEDTI D/O MANJAIAH SHEDTI, AGED ABOUT 51 YEARS, R/AT KALGUDIMANE, HEMMUNJE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1865. 46. SRI RAVINDRA JOGI S/O NARAYANA JOGI, AGED ABOUT 54 YEARS, - 10 - NC: 2025:KHC:10730 WP No. 363 of 2024 R/AT GUDDDEYANGADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1922. 47. SMT GULABI SHEDTI W/O ANAND SHETTY, AGED ABOUT 47 YEARS, R AT PADUMANE, KADKE NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1933. 48. SRI MUTAIAH ACHARYA S/O ANNAIAH ACHARYA, AGED ABOUT 48 YEARS, R AT THEKABYLU, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 11935. 49. SRI SHESHIDHARA SHETTY S/O B NAGAIAH SHETTY, AGED ABOUT 46 YEARS, R AT SALAGADDE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1962. 50. SRI SULIYANNA SHETTY S/O SHESHA SHETTY, AGED ABOUT 51 YEARS, R AT OLAGINAMANE, SAMSADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1965. 51. SMT SADAMMA SHEDTI D/O SANKAMMA SHEDTI, AGED ABOUT 48 YEARS, R AT NANDROLLIMANE, KONKI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI - 576230, MEMBERSHIP NO. 1970. - 11 - NC: 2025:KHC:10730 WP No. 363 of 2024 52. SRI VENKATESH POOJARY S/O HERIYANNA SHETTY, AGED ABOUT 46 YEARS, R/AT SANNA PADUMANE, KADKE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 1973 53. SRI VENKATESH POOJARY S/O RAMA POOJARY, AGED ABOUT 46 YEARS, R/AT GUDDEYANAGADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2012 54. SMT SUBBAKKA SHEDTI W/O SHANKAR SHEDTI, AGED ABOUT 49 YEARS R/AT MOODAYIMANE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2015 55. SRI NAGAIAH SHETTY S/O GOVINDA SHETTY, AGED ABOUT 48 YEARS, R/AT MOODAKONE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2019. 56. SRI MURALIDHARA S NAYAK S/O G SREENIVASA NAYAK, AGED ABOUT 67 YEARS, R/AT GUDDEYANGADI NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2045 57. SRI SATHISH M NAYAK S/O M UDLAGIRI K NAYAK, AGED ABOUT 51 YEARS, R/AT GUDDEYANGADI, NADA VILLAGE AND POST, - 12 - NC: 2025:KHC:10730 WP No. 363 of 2024 BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2077 58. SRI RAJEEV SHETTY S/O MANJAIAH SHETTY, AGED ABOUT 48 YEARS, R/AT PADUVAYANAMANE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2098 59. SMT SUMAGALA SHANBOG D/O VITTAL SHANBOG AGED ABOUT 44 YEARS, R/AT GUDDEYANGADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 20102 60. SMT SHYAMALA W/O MANJU SHETTY, AGED ABOUT 46 YEARS, R/AT MOODAKONE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2327 61. SRI PRAVEEN KUMAR SHETTY S/O SUDHAKAR SHETTY, AGED ABOUT 48 YEARS, R/AT KADKE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2331 62. SRI SURESH GANIGA S/O GANAPA GANIGA AGED ABOUT 51 YEARS, R/AT KADKE, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2333. 63. SRI SUDHAKARA SHETTY S/O KRISHNAPPA SHETTY, AGED ABOUT 54 YEARS, - 13 - NC: 2025:KHC:10730 WP No. 363 of 2024 R/AT SAMSADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2346. 64. SRI RAGHAVENDRA SHETTY S/O PUTTAIAH SHETTY, AGED ABOUT 52 YEARS, R/AT GIRIJA NILAYA, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2387 65. SMT MOHIN YANE SADHYA U PRABHU W/O UPPENDRA PRABHU, AGED ABOUT 47 YEARS, R/AT GUDDEYANGADI, NADA VILLAGE AND POST, BYNDOOR TALUK, UDUPI-576230 MEMBERSHIP NO. 2101 …PETITIONERS (BY SRI. VASANTH RAJ., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S BUILDING DR. B R AMBEDKAR VEEDHI, BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3rd FLOOR, TTMC A BLOCK, K H ROAD, SHNATINAGAR, BANGALORE 560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES UDUPI DISTRICT, A BLOCK RAJATADRI, MANIPAL UDUPI 576 104 4. THE ASSISTANT REGISTRAR OF - 14 - NC: 2025:KHC:10730 WP No. 363 of 2024 CO OPERATIVE SOCIETIES KUNDAPURA SUB DIVISION, KUNDAPURA TALUK UDUPI DISTRICT 576 201 5. THE RETURNING OFFICER PADUKONE RAITHRA SEVA SAHAKARI SANGA NIYAMITHA NADA BYNODDR TALUK UDUPI 576 230 (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDAI PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST T ANNEXURE-C AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 06/01/2024 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible voter list at Annexure-C and permit the petitioners to vote in the upcoming elections to R5 society which is scheduled to be held on 06.01.2024. - 15 - NC: 2025:KHC:10730 WP No. 363 of 2024 b. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 2. A memo dated 14.3.2025 has been filed signed by the learned counsel for the petitioners, which reads as under:- Memo The petitioners in the above petition submits that the petitioners have challenged the inclusion of their name in the ineligible voter list and sought for interim relief to caste their votes in the election to the board of directors of the R5 society, the election to the board of directors of the R5 society is already over, the present petition has become infructuous, and prays that this Hon’ble court be pleased to dismiss the above petition as not pressed, hence this memo in the interest of justice and equity. 3. Accepting the said memo and the submission of the learned counsel for the petitioners, the Writ Petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 7 Sl No.: 3