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2025 DAILYLAW 36331 (KAR)

M S SUBRAMANYA v. THE STATE OF KARNATAKA

WP/33537/2024 · 2025-02-21

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8046 WP No. 33537 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 33537 OF 2024 (CS-EL/M) BETWEEN: 1. M.S. SUBRAMANYA S/O SATHYANARAYANA M.S AGE ABOURT 35 YEARS HOSALLI, NITTUR, HOSANAGARA TQ. SHIVAMOGGA DISTRICT - 577 452 SHARE NO.963. 2. GANESHA S/O BYRANAIKA AGED ABOUT 38 YEARS GURUTE, NAGODI POST, HOSANAGARA TQ, SHIVAMOGGA DIST - 577 452 SHARE NO.1089. 3. SHASHANKA JAIN S/O THEJAPPA JAIN AGED ABOUT 35 YEARS KARNAMUDI, NAGODI POST HOSANAGARA TQ SHIVAMOGGA DIST-577452 SHARE NO.1437. 4. VISHVESHWAR BHAT DA S/O ANANTHA BHAT, AGED ABOUT 67 YEARS, HEBBIGE POST, HOSANAGARA TALUK, SHIMOGGA(DIST)-577452 SHARE NO.751. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8046 WP No. 33537 of 2024 5. GANAPATI RAO D S S/O SHRIPADAYYA DHAREMANE AGED ABOUT 70 YEARS, HEBBIGE POST, HOSANAGARA (TALUK), SHIMOGGA(DIST)-577452 SHARE NO.150. 6. JANAKAMMA W/O TIMMAPPAYYA, AGED ABOUT 71 YEARS, BYSKAL, NITTUR POST, HOSANAGARA SHIMOGGA(DIST)-577452 SHARE NO.184. 7. SATHYAVATI B S W/O SUBBA RAO BENNATTE AGE ABOUT 73 YEARS, NITTUR POST HOSANAGARA TQ, SHIMOGGA-577452 SHARE NO.569. 8. RAGHAVENDRA S/O SIDDANAYKA BYSKAL AGED ABOUT 45 YEARS NITTUR POST, HOSANAGARA TQ SHIMOGGA-577452 SHARE NO.1063. 9. MUKAMBU W/O DYAVAPPA AGED ABOUT 52 YEARS BENNATTE, NITTUR POST, HOSANAGARA TQ, SHIMOGGA-577452 SHARE NO.1197. 10. VARADAMBIKE G C W/O CHANDRASHEKAR AGED ABOUT 68 YEARS BYSKAL, NITTUR POST, HOSANAGARA TQ, SHIMOGGA-577452 SHARE NO.1263. - 3 - NC: 2025:KHC:8046 WP No. 33537 of 2024 11. SMT. PARVATI W/O KRISHNAMURTHY AGED ABOUT 53 YEARS, BENNATTE, NITTUR POST, HOSANAGARA TQ, SHIMOGGA-577452 SHARE NO.1320. 12. RAMACHANDRA RAO G R S/O SUBBA RAO AGED ABOUT 79 YEARS GANJALA, NITTUR POST, HOSANAGARA TQ, SHIMOGGA-577452 SHARE NO.447. 13. GANGAMMA W/O SIDDA AGED ABOUT 50 YEARS, BELLAKKA, NITTUR POST, HOSANAGARA (TALUK), SHIMOGGA(DIST)-577452 SHARE NO.162. 14. MUKAMBIKA W/O GURUMURTHY AGED ABOUT 47 YEARS HOSAMANE, NITTUR POST, HOSANAGARA, SHIMOGGA(DIST)-577452 SHARE NO.314. 15. RAMACHANDRA S/O GIDDA AGED ABOUT 50 YEARS KUREKOLLI, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.490. 16. RAJATHA S/O SUBBA RAO AGED ABOUT 33 YEARS MALLADI, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.495. 17. SURYANARAYANA - 4 - NC: 2025:KHC:8046 WP No. 33537 of 2024 S/O SHANKARA BHAT AGED ABOUT 63 YEARS JOGISARA, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.596. 18. SHIVARAM SHETTY S/O HIRIYANNA SHETTY AGED ABOUT 58 YEARS, BAGAVATAGOLI NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.630. 19. ANANDU S/O VENKATESH AGED ABOUT 28 YEARS BAGAVATAGOLI, NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.866. 20. GIRIJA M L W/O LAKSHMINARAYANA AGED ABOUT 37 YEARS AMBALADI, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.875. 21. NAKSHATRA S/O HIRIYA POOJARI AGED ABOUT 33 YEARS HIREMANE, NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.905. 22. RAJENDRA PRASAD K S/O K KRISHNAMURTHY AGED ABOUT 55 YEARS KOLAKI, NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.1010. - 5 - NC: 2025:KHC:8046 WP No. 33537 of 2024 23. MANGALA GOWRI W/O GANAPATI AGED ABOUT 51 YEARS, MADAVI NITTUR POST, HOSANAGARA SHIMOGGA - 577452 SHARE NO.1347. 24. BALINDRA S/O BADRA AGED ABOUT 55 YEARS MANIVAGUDDE, NITTUR POST HOSANAGARA, SHIMOGGA-577452 SHARE NO.56. 25. GANESH RAO MN S/O NARAYANAPPA AGED ABOUT 72 YEARS, TUMBEKODLU, NITTUR POST HOSANAGARA, SHIMOGGA-577452 SHARE NO.129. 26. KRISHNAMURTHY M S S/O NARAYANAPPA AGED ABOUT 73 YEARS MALLEKOPPA, NITTUR POST HOSANAGARA, SHIMOGGA-577452 SHARE NO.193. 27. KRISHNAMURTHY HM S/O MANJAYYA AGED ABOUT 58 YEARS HALKODU, NITTUR POST HOSANAGARA, SHIMOGGA-577452 SHARE NO.216. 28. KAMALAKSHAMMA W/O RAM BHAT AGED ABOUT 60 YEARS NAGODI, NITTUR POST, HOSANAGARA SHIMOGGA - 577452 SHARE NO.235. - 6 - NC: 2025:KHC:8046 WP No. 33537 of 2024 29. LAKSHMINARAYANA HM S/O MANJAYYA AGED ABOUT 60 YEARS, HALKODU, NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.266. 30. LALITHA W/O SHIVARAM C AGED ABOUT 44 YEARS NAGODI, NITTUR POST, HOSANAGARA SHIMOGGA- 577452 SHARE NO. 278. 31. MAHABALESHWAR M S S/O SUBBA RAO AGED ABOUT 55 YEARS BELUR, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.325. 32. NIRMALA MK W/O KRISHNAMURTHY H N AGED ABOUT 55 YEARS, NITTUR, NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.375. 33. NARAHARI S/O CHIDAMBARAYYA AGED ABOUT 50 YEARS MAANI, NITTUR POST, HOSANAGARA SHIMOGGA - 577452 SHARE NO.391. 34. PADMAVATAMMA W/O SURYANARAYANA AGED ABOUT 65 YEARS ADIKESHINI, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.434. - 7 - NC: 2025:KHC:8046 WP No. 33537 of 2024 35. RAGHAVENDRA M C S/O CHANDRASHEKAR AGED ABOUT 49 YEARS, NITTUR NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.484. 36. RATNAKAR ACHARI S/O VENKATARAMANA ACHARI AGED ABOUT 60 YEARS, NITTUR NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.500. 37. RAVISHA S/O MANJAPPA AGED ABOUT 32 YEARS GANJALA, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.532. 38. SATHYANARAYANA K V S/O SUBBA RAO AGED ABOUT 66 YEARS SULAGODU, NITTUR POST, HOSANAGARA SHIMOGGA-577452 SHARE NO.563. 39. SURENDRA S/O BARMA AGED ABOUT 44 YEARS, KALYANI CHOWKA, NITTUR POST, HOSANAGARA, SHIMOGGA-577452 SHARE NO.612. 40. SARASWATI K S W/O SHIVANANDA K K AGED ABOUT 58 YEARS MUNDIGEMANE, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.617. - 8 - NC: 2025:KHC:8046 WP No. 33537 of 2024 41. RASAL RAJU S/O ROSAYYA AGED ABOUT 53 YEARS KALYANI CHOWKA, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.835. 42. PREMA W/O RAGHURAM SHETTY AGED ABOUT 43 YEARS, NITTUR, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.878. 43. PAVITHRA W/O DINESH AGED ABOUT 35 YEARS DOSEMAKKI, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.896. 44. KRISHNAMURTHY K P S/O PARAMESHWAR BHAT AGED ABOUT 45 YEARS LAKMANE, NITTUR POST, HOSANAGARA SHIMOGGA - 577452. 45. BHAVANI M G W/O GANESH RAO M N AGED ABOUT 63 YEARS, TUMBEKODLU, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.914. 46. SHRIDEVI W/O SATHYAMURTHY L R AGED ABOUT 44 YEARS, LAKMANE, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.931. 47. SEEMA N MOGERA W/O NAVEEN S AGED ABOUT 32 YEARS, NITTUR, NITTUR POST, HOSANAGARA, SHIMOGGA 577452 - 9 - NC: 2025:KHC:8046 WP No. 33537 of 2024 SHARE NO.932. 48. NARAYANA SHET S/O DASAPPA SHET AGED ABOUT 60 YEARS, SHIDLUKUNI, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO. 934. 49. BALACHANDRA M B S/O BHASKAR RAO M N AGED ABOUT 30 YEARS, SALLEMANE, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.948. 50. PRASAD H K S/O KRISHNAMURTHY AGED ABOUT 29 YEARS, NITTUR, NITTUR POST, HOSANAGARA, SHIMOGGA - 577452 SHARE NO.955. …PETITIONERS (BY SRI. GIREESHA KODGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B R AMBEDKAR VEEDHI BENGALURU-01, REPRESENTED BY ITS PRINCIPLE SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-27, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKAR BHAVAN, 1ST FLOOR, DC OFFICE PREMISES, BASAVANAGUDI, SHIVAMOGGA, KARNATAKA 577201 - 10 - NC: 2025:KHC:8046 WP No. 33537 of 2024 DRCS-SHIMOGA-KA@NIC.IN. 4. SRI. SHRAVANA KUMAR U.M ASSISTANT TEACHER, S.H.P.SHALE, KUMBALE, RETURNING OFFICER APPOINTED FOR PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, NITTURU, HOSANAGARA TALUK, SHIVAMOGGA DIST-577452. 5. PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, NITTURU, HOSANAGARA TALUK, SHIVAMOGGA DIST-577452 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; R-5 SERVED, UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST FOR THE YEAR 2024-25 AS PER ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 14.12.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- "Wherefore, the petitioner most humbly prays that this Hon'ble Court may be pleased to issue, - 11 - NC: 2025:KHC:8046 WP No. 33537 of 2024 i. Issue a writ of mandamus directing the respondent no.2 to 5 to include the name of the petitioners in the eligible voters list for the year 2024-25 as per Annexure-B and permit the petitioners to cast their votes in the elections to the respondent no.5 which is scheduled to be held on 14.12.2024. ii. Such other direction or order writ as may deem fit to this Hon'ble court may kindly be issued". 2. This Court by way of an interim arrangement on 10.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 14.12.2024 subject to final outcome of this petition. 3. Heard Sri Gireesha Kodgi, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.5 though served has chosen to remain absent. - 12 - NC: 2025:KHC:8046 WP No. 33537 of 2024 5. Counsel for the petitioners submits that the election has been held as scheduled on 14.12.2024 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju - 13 - NC: 2025:KHC:8046 WP No. 33537 of 2024 and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 14.12.2024, if not already announced. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, 1 2022 (4) AKR 775 - 14 - NC: 2025:KHC:8046 WP No. 33537 of 2024 questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. - 15 - NC: 2025:KHC:8046 WP No. 33537 of 2024 vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA MBM CT:DN List No.: 2 Sl No.: 18