- 1 - NC: 2025:KHC:2032 WP No. 34884 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34884 OF 2024 (CS-EL/M) BETWEEN: 1. K. R. SHIVARAJ, S/O RUDRAPPA G.K, AGED ABOUT 55 YEARS, ANNAPURNA NILAYA, SOMAYYA LAYOUT, NEAR JAYADEVA RICE MILL, SHIVAMOGGA - 577 201, SHARE A/C NO. 2205592. 2. K.S. MEENAKSHI, W/O SHIVARAJ K.R., AGED ABOUT 50 YEARS, ANNAPURNA NILAYA, SOMAYYA LAYOUT, NEAR JAYADEVA RICE MILL, SHIVAMOGGA - 577 201, SHARE A/C NO.2205590. 3. K.S. ROOPA JAVALI, D/O SHIVARAJ K.R., AGED ABOUT 28 YEARS, ANNAPURNA NILAYA, SOMAYYA LAYOUT, NEAR JAYADEVA RICE MILL, SHIVAMOGGA - 577 201, SHARE A/C NO.2205589. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2032 WP No. 34884 of 2024 4. P.H. SURESH, S/O B.PUTTAPPA, AGED ABOUT 48 YEARS, MOOKAMNBIKA VAANIJYA VISYASHALE, SARAVATHI NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2202981. 5. VIJAYA N.C, S/O N.C.GURU SIDDAPPA, AGED ABOUT 60 YEARS, SHIFA NILAYA OUT HOUSE, OPP. BASAVA KENDRA ROAD, 3RD CROSS ANK ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2201580. 6. SATHISH SOGI S.M., S/O S. MALLESHAPPA, AGED ABOUT 58 YEARS, NEAR SHARAVATHI RICE MILL, SAGARA ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2200594. 7. MANJUNATH, S/O ESHWARAPPA, AGED ABOUT 60 YEARS, MANJU ESSENCE MART, NANJUNDESHWARA NILAYA, GANDHIBAZAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2203991. - 3 - NC: 2025:KHC:2032 WP No. 34884 of 2024 8. CHANNAPPA KATTIGE, S/0 DODDABASAPPA, AGED ABOUT 73 YEARS, SIDDARAMA BADAVANE, KASHIPURA, VINOBHANAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2203313. 9. VIRUPAKSHA CA, S/O C V APPAJI, AGED ABOUT 66 YEARS, APPAJI COMPLEX, JPN ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2201435. 10. SHAKUNTALA TJ, W/O T.B. JAGADEESHWARAPPA, AGED ABOUT 58 YEARS, 1ST FLOOR, MALLIKARJUNA NILAYA, 6TH CROSS, VINOBANAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2201657. 11. VIJAYAKUMAR HM, S/O SIDDAYYA HIREMAT, AGED ABOUT 65 YEARS, 1ST CROSS, HOTTARE, RAVINDRANAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2202100. 12. NAGARATHNA HIREMAT, W/O S.M.HAALASWAMI, AGED ABOUT 54 YEARS, 1ST CROSS HOTTARE, - 4 - NC: 2025:KHC:2032 WP No. 34884 of 2024 RAVINDRANAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2202101. 13. SARPABHUSHSANA SWAMI T.R., S/O T. RUDRAYYA, AGED ABOUT 66 YEARS, 5TH CROSS, TIMMESHWARA NILAYA, RAVINDRA NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2202103. 14. GAYATHRI H.M., W/O SARPABHUSHANA SWAMI T.R., AGED ABOUT 60 YEARS, 5TH CROSS, TIMMESHWARA NILAYA, RAVINDRANAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2202104. 15. JAGADHEESH D.S., S/O D.S. SHEKARAPPA, AGED ABOUT 60 YEARS, NANDI STUDIO NEAR MARDEN TALKIES, B.H. ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203004. 16. ARUN KUMAR I.J., S/O JAYANNA IGURU, AGED ABOUT 60 YEARS, POPULAR PRINTERS, KASTURIBA ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203070. - 5 - NC: 2025:KHC:2032 WP No. 34884 of 2024 17. VAGDEVI T.B., W/O N.S. BASAVARAJ, AGED ABOUT 55 YEARS, 1ST PARALLEL ROAD, OMKARA OFFSET PRINTERS, DURGIGUDI, SHIVAMOGGA - 577 201, SHARE A/C NO. 2203099. 18. PUTTAPPA G.P, S/O PANCHAKSHARAPPA, AGED ABOUT 66 YEARS, VEERABHADRESWARA NILAYA, ARAVINDA NAGARA MAIN ROAD, VINOBHANAGARA, SHIVAMOGGA-577 201, SHARE A/C NO.2203116. 19. VIJAYANNDA A.S, S/O A.R. SANNARUDRAPPA, AGED ABOUT 55 YEARS, OPP. NEHRU STADIUM, SHIVAMOGGA - 577 201, SHARE A/C NO.2203598. 20. GIRISH D.V, S/O D. VISHVANATHA, AGED ABOUT 59 YEARS, SANTHOSHI NILAYA, 6TH CROSS MAIN ROAD, HOSAMANE, SHIVAMOGGA - 577 201, SHARE A/C NO. 2203693. 21. HEMA M APPAJI, W/O C. MANJUNATHA, AGED ABOUT 58 YEARS, 1ST CROSS, CHANDRAPAMPA, JPN ROAD, - 6 - NC: 2025:KHC:2032 WP No. 34884 of 2024 SHIVAMOGGA - 577 201, SHARE A/C NO. 2203810. 22. PRAKASH S.T, S/O S.R. TOTAPPA, AGED ABOUT 48 YEARS, PRAKSH MEDICLES TILAK NAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO. 2203823. 23. DHARSHAN P S, S/O SAMBHASHIVA, AGED ABOUT 47 YEARS, 4 CROSS, JPN ROAD, SHIVAMOGGA - 577 203, SHARE A/C NO. 2203903. 24. DHANESH J.V, S/O J. VEERAPPA, AGED ABOUT 50 YEARS, SHAMAYYA BUILDING, KUVEMPU ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203925. 25. VIJAYAPATIL S, S/O SHIVANNA, AGED ABOUT 45 YEARS, SHARAVATHI NAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2204435. 26. SHIVARAJ BN, S/O VEERAPA MAHADEVAPPA ELI, AGED ABOUT 65 YEARS, VINOBHANAGAR, - 7 - NC: 2025:KHC:2032 WP No. 34884 of 2024 SHIVAMOGGA - 577 201. SHARE A/C NO.2204469. 27. JAYADEV V, S/O VEERAPPA SHETTI, AGED ABOUT 68 YEARS, KUVEMPU ROAD, SHIVAMOGGA - 577 201. SHARE A/C NO.2204755. 28. BHUVANESHWARI S, W/O K.S.LOKESHWARAPPA, AGED ABOUT 55 YEARS, SIDDESHWARA CIRCLE, GOPALA, SHIVAMOGGA - 577 201, SHARE A/C NO.2204882. 29. ANNAPPA K.M, S/O MALLAPPA K.G., AGED ABOUT 56 YEARS, SRI GANDHA, OPP. CHOUDESHWARI TEMPLE, VINOBHANAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2205255. 30. BASANTH R. KADEKOPPA, S/O RAJASHEKAR S, AGED ABOUT 35 YEARS, SRI GANDHA, OPP. CHOUDESHWARI TEMPLE, VINOBHANAGAR, SHIVAMOGGA - 577 201. SHARE A/C NO.2205219. - 8 - NC: 2025:KHC:2032 WP No. 34884 of 2024 31. GANESH B.S, S/O C.K. CHIDANANDA, AGED ABOUT 62 YEARS, SHRI GIRIJASHANKARA NILAYA, 6TH CROSS, RAVINDRANAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2205578. 32. CHANDRASHEKHAR T.M, S/O MALLESHAPPA T.N., AGED ABOUT 61 YEARS, BOOPLAM COMPOUND, KUVEMPU ROAD, SHIVAMOGGA - 577 201. 33. RATHNA V KUMAR, W/O VEERANNA KUMAR, AGED ABOUT 60 YEARS, NO.44. SHIVAPPA NAYAKA EXTENSION, VINOBHANAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2202115. 34. BASAVARAJ S.B, S/O SHANTHAVEERAPPA B., AGED ABOUT 58 YEARS, SHIVAKRUPA NILAYA, 1ST CROSS, SHARAVATHI NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2205372. 35. ANNAPURNA BASAVARAJ, W/O BASAVARAJ S.B., AGED ABOUT 55 YEARS, SHIVAKRUPA NILAYA, - 9 - NC: 2025:KHC:2032 WP No. 34884 of 2024 1ST CROSS, SHARAVATHI NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2205373. 36. CHANDRU, S/O NAGARAJ, AGED ABOUT 56 YEARS, SHARADA NILAYA, GANDHARVA NAGAR, N.T ROAD, SHIVAMOGGA - 577 201. SHARE A/C NO.2203979. 37. PREMKUMAR A.G, S/O A.G. ISHWARAPPA, AGED ABOUT 48 YEARS, LAKSHMI NILAYA, 4TH CROSS, TILAKANAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2203905. 38. POORNIMA N.V., W/O K.B. MALLAPPA, AGED ABOUT 56 YEARS, LIG 62, HUDCO, KALLAHALLI, VINOBHANAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2204774. 39. VIJAYAKUMAR G, S/O G.BASAPPA, AGED ABOUT 64 YEARS, BASAVESHWARA NILAYA, SAVARLINE ROAD, GARDEN AREA, SHIVAMOGGA - 577 201, SHARE A/C NO.2201969. - 10 - NC: 2025:KHC:2032 WP No. 34884 of 2024 40. K.G.MANJAPPA, S/O K.G.MALLAPPA, AGED ABOUT 61 YEARS, SPOORTHI NILAYA, 12TH CROSS, VINOBHANAGAR, 60 FEET ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203241. 41. GEETHA A.G., W/O K.G. MANJAPPA, AGED ABOUT 56 YEARS, SPOORTHI NILAYA, 12TH CROSS, VINOBHANAGAR, 60 FEET ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203242. 42. VEERESH K.R., S/O V. RUDRAPPA, AGED ABOUT 46 YEARS, BHARATHI COLONY, NT ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.221770. 43. MANJULA J, W/O SHASHIDHAR, AGED ABOUT 40 YEARS, NEAR VIVEKANAND SCHOOL, OT ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2201960. 44. PRASHANT KUMAR J M, S/O C.J. MAHADEVAPPA, AGED ABOUT 38 YEARS, 2ND CROSS, DURGIGUDI, - 11 - NC: 2025:KHC:2032 WP No. 34884 of 2024 SHIVAMOGGA - 577 201, SHARE A/C NO.2202230. 45. AJAY C.B, S/O C. BASAVARAJ, AGED ABOUT 49 YEARS, AJAY COMPLEX, GANDHI BAZAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2202692. 46. PRASANNA C.B, S/O C. BASAVARAJ, AGED ABOUT 53 YEARS, AJAY COMPLEX, GANDHI BAZAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2203616. 47. MALATHI B.M, W/O GANESHAPPA, AGED ABOUT 39 YEARS, HORIHOLE BASAVESHWARA NILAYA, H. SIDDHAYYA ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2202966. 48. MAMATA GM, W/O GURUBASAPPA, AGED ABOUT 44 YEARS, 1ST CROSS, DURGI GUDI, SHIVAMOGGA - 577 201. SHARE A/C NO.2203095. 49. REKHAVATHI S, W/O SHAILENDRA M SHETTY, AGED ABOUT 36 YEARS, - 12 - NC: 2025:KHC:2032 WP No. 34884 of 2024 S.S. BARAMAPPA NAGAR, 1ST CROSS, SHIVAMOGGA - 577 201, SHARE A/C NO.2203240. 50. RENUKADEVI, W/O BASAVARAJ, AGED ABOUT 51 YEARS, BHARATHI COLONY, 2ND CROSS, NT ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203266. 51. HARISH KORI, S/O KORI VEERANNA, AGED ABOUT 46 YEARS, DOOR NUMBER 54/1, 2ND CROSS, NAGAPPANA KERI, GANDHI BAZAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2205275. 52. VIJAYA KUMARI B.J., W/O BASKAR JAVALI, AGED ABOUT 46 YEARS, 3RD CROSS NNK ROAD, VENKATESH NAGAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2205521. 53. REVAYYA, S/O VIRUPAKSHAYYA, AGED ABOUT 56 YEARS, 2ND CROSS, BHARMAPPA NAGAR, GANDHI BAZAR, SHIVAMOGGA - 577 201, SHARE A/C NO.2205105. - 13 - NC: 2025:KHC:2032 WP No. 34884 of 2024 54. SHANKAR R, S/O RUDRAPPA, AGED ABOUT 47 YEARS, BANASHANKARI NILAYA, RML NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2202289. 55. JYOTHI H.M., S/O H V MAHESHWARAPPA, AGED ABOUT 54 YEARS, K.R. PURAM ROAD, SHIVAMOGGA - 577201, SHARE A/C NO.2205398. 56. CHANDRASHEKAR V.C., S/O V.C.CHANNABASAPPA, AGED ABOUT 46 YEARS, OPP. PARK, VINOBHA NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2203640. 57. MAHARUDRAPPA, S/O H.V. MAHESHWARAPPA, AGED ABOUT 58 YEARS, RAVINDRA NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2200394. 58. H.R. PUSHPA, W/O RENUKAPPA, AGED ABOUT 58 YEARS, K.R.PURAM ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2200395. - 14 - NC: 2025:KHC:2032 WP No. 34884 of 2024 59. ANITHA H.M, S/O H.V. MAHESHWARAPPA, AGED ABOUT 56 YEARS, K.R. PURAM ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2205397. 60. VIRUPAKSHAPPA, S/O SANGAPPA, AGED ABOUT 58 YEARS, VINOBHA NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO. 2200731. 61. RAJAPPA, S/O DHARMAPPA, AGED ABOUT 60 YEARS, 4TH CROSS, BMATTUR ROAD, URUGADURU, SHIVAMOGGA - 577 201, SHARE A/C NO.2201722. 62. MANGALA S, W/O SANNAVEERAPPA, AGED ABOUT 64 YEARS, KENCHARAYA BEEDI, KUMABARA KERI, SHIVAMOGGA - 577 201, SHARE A/C NO. 2202465. 63. GURUMURTHI H.R., S/O M. RANGAPPA, AGED ABOUT 62 YEARS, KUCCHALAKKI KERE, SAVARKAR NAGARA, - 15 - NC: 2025:KHC:2032 WP No. 34884 of 2024 SHIVAMOGGA - 577 201, SHARE A/C NO.2202976. 64. PRABHULINGAYYA A.M., S/O A.G. MARULASIDDAPPA, AGED ABOUT 69 YEARS, GOPALA GOWDA BADAVANE, SHIVAMOGGA - 577 201, SHARE A/C NO.2203323. 65. GAYATHRI K.M., W/O D.C. BASAVARAJAPPA, AGED ABOUT 48 YEARS, VINOBHA NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2203104. 66. TEJASVI D.B., S/O D.C. BASARAJAPPA, AGED ABOUT 46 YEARS, VINOBHA NAGARA, SHIVAMOGGA - 577 201, SHARE A/C NO.2203105. 67. SHAILAJA, W/O CHANDRU, AGED ABOUT 28 YEARS, SHARADA NILAYA, N.T. ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2205264. 68. PREMA, W/O H.S.NAGARAJ, AGED ABOUT 59 YEARS, SHARADA NILAYA, - 16 - NC: 2025:KHC:2032 WP No. 34884 of 2024 N.T. ROAD, SHIVAMOGGA - 577 201, SHARE A/C NO.2203978. …PETITIONERS (BY SRI. MAHAMAD TAHIR A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. SRI. BASAVESHWARA SWAMY URBAN CREDIT CO-OPERATIVE SOCIETY LTD., BASAVASADANA, NEHRU ROAD, SHIVAMOGGA DISTRICT - 577 201, REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, SRI BASAVESHWARA SWAMY URBAN CREDIT CO-OPERATIVE SOCIETY LTD., BASAVASADANA, - 17 - NC: 2025:KHC:2032 WP No. 34884 of 2024 NEHRU ROAD, SHIVAMOGGA DISTRICT - 577 201. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) 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 - C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 22.12.2024 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners files memo for withdrawal, which reads as under: "The Petitioners herein seeks leave of this Hon'ble Court to withdraw the captioned writ petition as the votes cast by the petitioners would not materially affect the outcome of the elections - 18 - NC: 2025:KHC:2032 WP No. 34884 of 2024 as their votes are kept in a separate ballot in the election to Respondent No.3-Society concluded on 22/12/2024, in the interest of justice and equity. The Returning officer may be directed to declare the results by not considering votes cast by Petitioners herein." [ 2. The memo is taken on record. 3. The writ petition stands dismissed as withdrawn with a direction to the Returning Officer- respondent No.4 to declare the results without considering the votes of the petitioner. Sd/- JUSTICE K.S. HEMALEKHA PSJ List No.: 1 Sl No.: 2