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2025 DAILYLAW 36486 (KAR)

PRABHAKARA H N v. THE STATE OF KARNATAKA

WP/33846/2024 · 2025-03-06

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:9555 WP No. 33846 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33846 OF 2024 (CS-EL/M) BETWEEN: 1. PRABHAKARA H N S/O. NARAYANA BHAT AGED ABOUT 63 YEARS, MEMBERSHIP NO.3/1. 2. SUSHEELAMMA W/O. MARISWAMY, AGED ABOUT 75 YERS, MEMBERSHIP NO.30/1 3. NARAYANASWAMY H M S/O. H.G. MANJAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.93/1 4. KERIYAMMA W/O. BASAWANYAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.95/1. 5. LALITHAMMA M R W/O. MOHANRAO, AGED ABOUT 73 YEARS, MEMBERSHIP NO.12/2. 6. MAHABALESHWARA HS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9555 WP No. 33846 of 2024 S/O. SUBRAO, AGED ABOUT 50 YEARS, MEMBERSHIP NO.84/4 7. GAYARTHRI B GALERA W/O. BHARAMA GOWDA, AGED ABOUT 50 YEARS. MEMBERSHIP NO. 199/4 8. PAKEERAMMA W/O. BANGARAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.116/6 9. RAMACHANDRA B S/O. BANGARAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.17/5 10. BANGARAMMA W/O. GIDDAPPA YANE SIDDAPPA, AGED ABOUT 67 YEARS, MEMBERSHIP NO.100/6 11. BHOJAPPA S/O. DYAVAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.19/5 12. HUCCHAPPA S/O. BANGARAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.69/5 13. LAKSHMAMMA JAMBAHALLI - 3 - NC: 2025:KHC:9555 WP No. 33846 of 2024 W/O. MANJJAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO.132/5 14. NAGAMMA W/O. BASAPPA, AGED ABOUT 9 YEARS, MEMBERSHIP NO.33/5 15. KOLLAMMA W/O. BANGARAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO.111/7 16. MRUTHYUNJAYA C S/O. K MAHADEVAPPA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.84/1/7 PETITIONERS ARE THE MEMBERS OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETIES LTD., MALALAGADDE, SORABA TALUK, SHIVAMOGGA DISTRICT. …PETITIONERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY - 4 - NC: 2025:KHC:9555 WP No. 33846 of 2024 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE 560 027, REP. BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARA BHAVAN, 1ST FLOOR, DC OFFICE PREMISES, BASAVANAGUDI SHIVAMOGGA 577 201, KARNATAKA 4. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MALALAGADDE SORABA TALUK, SHIVAMOGGA DISTRICT 577 401 REP. BY ITS CHIEF EXECUTIVE OFFICER SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 5. THE RETURNING OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MALALAGADDE, SORABA TALUK, SHIVAMOGGA DISTRICT 577 401, REP. BY NAGARAJ H SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. PRUTHVI WODEYAR, ADVOCATE FOR R1, R3 & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R4 SERVED AND UNREPRESENTED) - 5 - NC: 2025:KHC:9555 WP No. 33846 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 14.12.2024 AND ETC. THIS PETITION, 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. Petitioners are before this Court seeking for the following reliefs; "(i) Issue a writ of mandamus directing the Respondents to include the names of the Petitioners in the Final eligible voter list at Annexure-B and permit the Petitioners to vote in the upcoming elections to Respondent No.4 Society which is scheduled to be held on 14.12.2024. (ii) 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 06.03.2025 has been filed by counsel for the petitioners which reads as under; "The counsel for the petitioners most humbly submits that, petitioner seeks leave of this Hon'ble Court does not press the above writ petition, since the Returning officer has announced election results, therefore the prayer in the above writ petition does not survive for consideration. Hence this Hon'ble - 6 - NC: 2025:KHC:9555 WP No. 33846 of 2024 Court may kindly be please to permit the same, in the interest of justice and equity." 3. Accepting the said memo and submission of the learned counsel, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 64 CT:SNN