Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35152 OF 2024 (CS-EL/M) BETWEEN:
1. SUBHAN A J S/O JAFFRULLA SAHEB, AGED ABOUT 60 YEARS,
2. MOHAMMED JAMAL S/O HASSAN SAB, AGED ABOUT 79 YEARS,
3. MOHAMMAD A M S/O MAIDIN BYARI, AGED ABOUT 65 YEARS,
4. RAGHAVENDRA M S/O MAHABALA POOJARI, AGED ABOUT 61 YEARS,
5. HARISH M Y S/O YOGAPPA GOWDA, AGED ABOUT 48 YEARS,
6. MARIYABI W/O HASANABI, AGED ABOUT 58 YEARS,
7. USMAN A S S/O SULEMAN SAHEB, AGED ABOUT 76 YEARS,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
8. SHAHADATH S/O HUSSAIN SAB, AGED ABOUT 63 YEARS,
9. KUMAR D S/O DEVAPPA POOJARI, AGED ABOUT 60 YEARS,
10. HIDAYATH S/O HUSSAIN SAB, AGED ABOUT 50 YEARS,
11. GOKULA G K S/O KRISHNAPPA G S, AGED ABOUT 36 YEARS,
12. YASEEN SAHEB S/O HUSSAIN SAHEB, AGED ABOUT 60 YEARS,
13. SHAMEER S/O JAFFRULLA, AGED ABOUT 49 YEARS,
14. USMAN T A S/O ABDULLA, AGED ABOUT 69 YEARS,
15. RAMISH S/O ABDUL HAMEED, AGED ABOUT 32 YEARS,
16. AJEEM AFFEZ S/O MOHAMMED, AGED ABOUT 38 YEARS,
- 3 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
17. JAPRULLA S/O HASSAN SAHEB, AGED ABOUT 61 YEARS,
18. HASSAN SAHEB M S S/O SHABHU SAHEB, AGED ABOUT 60 YEARS,
19. KRISHNA MURTHY K P S/O PUTTE GOWDA, AGED ABOUT 50 YEARS,
20. SUMITHRA W/O DEVAPPA GOWDA, AGED ABOUT 49 YEARS,
21. ABDUL RAZAK S/O MAIDIN BYARI, AGED ABOUT 55 YEARS,
22. HARISH H B S/O BHADU, AGED ABOUT 31 YEARS,
23. SHARATH KUMAR A R S/O RAMAPPA GOWDA A K, AGED ABOUT 39 YEARS,
24. NAPIZA S/O ISMAIL K M, AGED ABOUT 45 YEARS,
25. NISCHAY G S/O GUNDAPPA GOWDA T, AGED ABOUT 35 YEARS,
- 4 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
26. ACHUTHRAO C S S/O SHAMANNA C S, AGED ABOUT 55 YEARS,
27. SANJAY H R S/O RAMACHANDRA HEGDE H H, AGED ABOUT 28 YEARS,
28. RAMAPPA GOWDA M S/O GOPALA GOWDA, AGED ABOUT 35 YEARS,
29. PRAKAS A M S/O MANJAPPA GOWDA, AGED ABOUT 38 YEARS,
30. ANNAPPA GOWDA S/O KOLLANNA GOWDA, AGED ABOUT 60 YEARS,
31.
ANNE GOWDA M C S/O CHINNAPPA GOWDA, AGED ABOUT 58 YEARS,
32. KRISHNAPPA GOWDA M K S/O KOLLANNA GOWDA, AGED ABOUT 50 YEARS,
33. RAJASHEKARA H S S/O SINGAPPA GOWDA, AGED ABOUT 55 YEARS,
34. PADMAVATHI W/O RAMANNA B P, AGED ABOUT 50 YEARS,
- 5 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
35. HARISH NAYAK K T S/O TIKU NAYA, AGED ABOUT 52 YEARS,
36. VASAPPA GOWDA S N S/O NAGAPPA GOWDA, AGED ABOUT 41 YEARS,
37. KRISHNA MURTHY K S S/O SINGAPPA GOWDA, AGED ABOUT 42 YEARS,
38. SHANKARAPPA GOWDA B M S/O MALLAPPA GOWDA, AGED ABOUT 67 YEARS,
39. RATHNAMMA W/O MALLESH GOWDA, AGED ABOUT 48 YEARS,
40. AHARSH S H W/O MALLESH GOWDA, AGED ABOUT 40 YEARS,
41. SHIVAKUMAR S/O KRISHNAMURTHY, AGED ABOUT 46 YEARS,
42. PUTTAMMA W/O KRISHNAPPA GOWDA, AGED ABOUT 47 YEARS,
43. KAVEESH H S S/O SRINIVAS H B, AGED ABOUT 31 YEARS,
- 6 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
44. SUDHEER M K S/O KRISHNAPPA GOWDA, AGED ABOUT 35 YEARS,
45. PRAMEELA M M W/O MALLESH GOWDA, AGED ABOUT 36 YEARS,
46. PUTTAPPA GOWDA S/O SINGAPPA GOWDA, AGED ABOUT 60 YEARS,
47. KRISHNA MURTHY H H S/O HALANAYAK, AGED ABOUT 58 YEARS,
48. SUNANDA W/O SURESHA, AGED ABOUT 38 YEARS,
49. MANJUNATHA S S/O SINGAPPA GOWDA, AGED ABOUT 58 YEARS,
50. SANDEEPA S/O GOPALA GOWDA, AGED ABOUT 38 YEARS,
51. CHANDRASHEKARA H R S/O RAMANAYAK, AGED ABOUT 49 YEARS,
52. VANITHA W/O MANJUNATH, AGED ABOUT 36 YEARS,
- 7 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
53. GAYATHRI W/O NAGARAJU, AGED ABOUT 36 YEARS,
54. CHANDRAVATHI W/O KRISHNAPPA S C, AGED ABOUT 52 YEARS,
55. NANDEESH H V S/O VENKATESH H D, AGED ABOUT 34 YEARS,
56. SANGRAM S BAHADHUR S/O SRINIVAS GOWDA D S, AGED ABOUT 32 YEARS,
57. SINGAPPA S/O MANJAIAH, AGED ABOUT 44 YEARS,
58. KRISHNA POOJARI S/O CHALLU POOJARI, AGED ABOUT 70 YEARS,
59.
DAKAPPA HEGDE H G S/O GIRIYAPPA HEGDE, AGED ABOUT 67 YEARS,
60. SHRUNGESHWARA K K S/O KADAPPA K N, AGED ABOUT 50 YEARS,
61. K S RAMESH S/O SANNASHESHA, AGED ABOUT 47 YEARS,
- 8 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
62. GOPALA S/O SANAIAH, AGED ABOUT 38 YEARS,
63. LAKSHMI W/O SOMAIAH, AGED ABOUT 38 YEARS,
64. MUNJAPPA K G S/O GIDDAPPA, AGED ABOUT 63 YEARS,
65. PALIS PRABHU S/O BABU PRABHU, AGED ABOUT 80 YEARS,
66. SHRINGESHWARA K K S/O KADAPPA K N, AGED ABOUT 56 YEARS,
67. NAGARAJU K K S/O KADAPPA K N, AGED ABOUT 69 YEARS,
68. CHANDRASHEKARA K K S/O KADAPPA K N, AGED ABOUT 55 YEARS,
69. NEERAJAKSHI H M W/O CHENNAKESHAVA HEGDE, AGED ABOUT 43 YEARS,
70. SHRINGESHWARA K R S/O RAMAIAH, AGED ABOUT 55 YEARS,
- 9 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
71. RAMANNA H L S/O LAKSHMINARAYANAIAH, AGED ABOUT 60 YEARS,
72. RAMAMURTHY BHAT K S S/O SUBRAMANYA BHAT, AGED ABOUT 52 YEARS,
73. KESHAVA MURTHY H R S/O RAGHAVENDRAIAH, AGED ABOUT 43 YEARS,
74. MANAVI H S W/O RAJAKUMAR K K, AGED ABOUT 40 YEARS,
75. MUNJUNATHA K M S/O MARIYAPPA, AGED ABOUT 40 YEARS,
76. SURESH BHAT S/O SHESHA BHAT, AGED ABOUT 45 YEARS,
77. GANESHA B N S/O NAGAPPA, AGED ABOUT 50 YEARS,
78. ANIL KUMAR S/O CHENNAKESHAVA HEGDE K S, AGED ABOUT 40 YEARS,
79. SHIVARAJ S/O SUNDARA, AGED ABOUT 55 YEARS
- 10 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
80. KRISHNAPPA S/O MANJAIAH, AGED ABOUT 56 YEARS,
81. KRISHNA P S/O PUTTA POOJARI, AGED ABOUT 46 YEARS,
82. SURENDRA NAYAK S/O KRISHNA NAYAK, AGED ABOUT 53 YEARS,
83. RAMAPPA H S/O HOSABAIAH, AGED ABOUT 63 YEARS,
84. SUNDARA POOJARI S/O CHANDU POOJARI, AGED ABOUT 40 YEARS
85. SUNEESH V S/O VENKANNA GOWDA B K, AGED ABOUT 26 YEARS,
86.
VENKATESH MURTHY A S S/O SHIVA SHANKARA, AGED ABOUT 40 YEARS
87. NARASIMHA MURTHY K M S/O MANJAPPAIAH, AGED ABOUT 56 YEARS,
88. ABDUL LATIF S/O BAVU BYARI, AGED ABOUT 36 YEARS,
- 11 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
89. MOHAN KUMAR D S/O DORE SWAMY, AGED ABOUT 48 YEARS,
90. ANIL KUMAR B M S/O MANJUNATHA B B, AGED ABOUT 65 YEARS,
91. AHMED KHAN S/O YAKUB KHAN, AGED ABOUT 56 YEARS,
92. HAMEED B A S/O ABDULLA, AGED ABOUT 55 YEARS,
93. ASHRAFF S/O AJABBA, AGED ABOUT 50 YEARS,
94. ABBUBKAR E S/O EMMASAB, AGED ABOUT 68 YEARS,
95. REEYAZ K G S/O GULAM MAIDEN, AGED ABOUT 46 YEARS,
96. DAWOOD HAKKEM A S/O ABDUL KADER, AGED ABOUT 56 YEARS,
97. VISHVAS K S/O KADAPPA, AGED ABOUT 50 YEARS,
- 12 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
98. ANIL KUMAR K N S/O NAGESH H M, AGED ABOUT 53 YEARS,
99. MOHAMMED KHASIM S/O BAVU BYARI, AGED ABOUT 45 YEARS,
100. HAJEERA W/O MOHAMMED KASIM, AGED ABOUT 40 YEARS,
101. SEETHARAM JOIS S/O SHYAM JOIS, AGED ABOUT 50 YEARS,
102. CHINNAIAH M R S./O RAME GOWDA, AGED ABOUT 45 YEARS,
103. SUSHEELAMMA W/O ANNAPPA GOWDA, AGED ABOUT 53 YEARS,
104. GOPALA K N S/O NAGAPPA, AGED ABOUT 54 YEARS,
105. RASHMI E H W/O LAKSHMEESH, AGED ABOUT 45 YEARS,
106. ISMAIL A R S/O ABDUL RAZAK, AGED ABOUT 35 YEARS,
- 13 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
107. ABDUL BASHEER A S S/O SULEMAN SHAHEB M, AGED ABOUT 45 YEARS,
108. DUGAPPA S/O KADAPPA, AGED ABOUT 50 YEARS,
109. RAGHAVENDRA S/O VENKATE GOWDA, AGED ABOUT 52 YEARS,
110. GOPAL GOWDA S/O SINGAPPA GOWDA, AGED ABOUT 55 YEARS,
111. GANAPAIAH NAYARI S/O NAYARI, AGED ABOUT 60 YEARS,
112. SUSHEELA M V W/O SUBBHA BHATTA, AGED ABOUT 55 YEARS,
113. BHAGYA W/O LAKSHMANA, AGED ABOUT 50 YEARS,
114.
VISHWANATH M K S/O KRISHNAPPA GOWDA, AGED ABOUT 46 YEARS,
115. SHREEDHAR H L S/O LAKSHMANA, AGED ABOUT 63 YEARS,
- 14 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
116. CHANDRA SHEKAR A S S/O SHESHE GOWDA, AGED ABOUT 65 YEARS,
117. SUREKHA W/O RAMACHANDRA RAO, AGED ABOUT 55 YEARS,
118. GEETHA H L W/O RAMESH G M, AGED ABOUT 40 YEARS,
119. GOPALA K M S/O MARIYAPPA, AGED ABOUT 45 YEARS,
120. PRASHANTH D R S/O RAMANNA GOWDA, AGED ABOUT 53 YEARS,
121. JAMILA S/O ISMAIL, AGED ABOUT 40 YEARS,
122. THAMMANNA GOWDA B I S/O IYYANNA GOWDA B G, AGED ABOUT 56 YEARS,
123. VYVASWATHA S/O SHIVARAMA ACHAR, AGED ABOUT 36 YEARS,
124. MANJUNATHA S/O CHANDU POOJARI, AGED ABOUT 53 YEARS,
- 15 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
125. CHANDRA SHEKAR H R S/O RAMA MARKALA, AGED ABOUT 46 YEARS,
126. RATHNA S W/O VISHWANATH, AGED ABOUT 45 YEARS,
127. JAYRAM M G S/O GANESHAIAH M N, AGED ABOUT 48 YEARS,
128. SUNIL K R S/O RAMANNA K M, AGED ABOUT 38 YEARS,
129. RAJAN H S S/O SRINIVAS GOWDA, AGED ABOUT 40 YEARS,
130. SULOCHANA W/O RAMESH,. AGED ABOUT 55 YEARS,
131. AKILA W/O OBHADHA, AGED ABOUT 30 YEARS,
132. KESHAVA M T S/O THAMAIAH GOWDA M S, AGED ABOUT 38 YEARS,
133. SRINIVASA H T S/O THIMMAPPA GOWDA, AGED ABOUT 55 YEARS,
- 16 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
134. SIDDAPPA GOWDA M V S/O VENKATE GOWDA
135. SUDHEER HEGDE S/O SRINIVAS HEGDE K S , AGED ABOUT 55 YEARS,
136. KONDAMANA M V S/O VENKATE GOWDA, AGED ABOUT 48 YEARS,
137. SHRINGESHWARIAH M T S/O THIMAPPAIAH, AGED ABOUT 52 YEARS,
138. GANAPATHI D S/O DUGGAPPA GOWDA, AGED ABOUT 60 YEARS,
139. CHENNAKESHAVA K S S/O SHANTHAPPA GOWDA, AGED ABOUT 58 YEARS,
140. RAMAKRISHNA K G S/O GOPAL GOWDA, AGED ABOUT 48 YEARS,
141. LINGAMMA W/O SHAMANAYAK, AGED ABOUT 49 YEARS,
142.
MAHESH B S S/O SHYAMA NAYAK, AGED ABOUT 47 YEARS,
- 17 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
143. BHARATH HEGDE K P S/O PANDURANGA K S, AGED ABOUT 63 YEARS,
144. SUBRAMANYA M M S/O MANJUNATHAIAH, AGED ABOUT 46 YEARS,
145. MANJUNATH H M S/O MARIYAPPA GOWDA, AGED ABOUT 37 YEARS,
146. BELLAPPA H C S/O CHANDE GOWDA, AGED ABOUT 40 YEARS,
147. KISHORE M R S/O RAMASWAMY GOWDA, AGED ABOUT 45 YEARS,
148. KESHAVA HEGDE D S/O DUGAPPA HEGDE, AGED ABOUT 53 YEARS,
149. RATNAKARA K V S/O VASAPPA NAYAK K S , AGED ABOUT 59 YEARS,
150. LEELAVATHI W/O PRADEEP, AGED ABOUT 53 YEARS,
151. SUDHEER B C S/O CHANDRA NAYAK, AGED ABOUT 56 YEARS,
- 18 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
152. VEENA G B W/O SHYAMAIAH, AGED ABOUT 46 YEARS,
153. REKHA N P W/O DINESH, AGED ABOUT 43 YEARS,
154. VIMALAMMA K W/O SRINIVAS HEGDE KS , AGED ABOUT 54 YEARS,
155. RUKMANI W/O MANJUNATH, AGED ABOUT 58 YEARS,
156. NAGARAJA K S S/O SURAPPA NAYAK, AGED ABOUT 63 YEARS,
157. NIRANJANA B D S/O DUGGAPPA GOWDA B, AGED ABOUT 56 YEARS,
158. ABDUL KAKEEM S/O MOHAMMED, AGED ABOUT 63 YEARS,
159. RAMESH H C S/O CHINNAPPA GOWDA, AGED ABOUT 45 YEARS,
160. MADHUKAR S/O CHANDRAPPA NAYAK K S , AGED ABOUT 50 YEARS,
- 19 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
161. SAVITHRAMMA W/O RAMANAYAK G, AGED ABOUT 54 YEARS,
162. VISHWANATH S/O SRINIVAS, AGED ABOUT 57 YEARS,
163. SUSHEELA W/O KRISHNA NAYAK B C, AGED ABOUT 40 YEARS,
164. SUDHEER H M S/O MANJUNATH H M, AGED ABOUT 61 YEARS,
165. PRASANNA H D S/O DUGAPPA NAYAK, AGED ABOUT 40 YEARS,
166. NAGAMMA W/O CHINNAPPA GOWDA, AGED ABOUT 54 YEARS,
167. RAGHAVENDRA D K S/O KRISHNA NAYAK, AGED ABOUT 43 YEARS,
168. PREMA K S W/O DINESH K S, AGED ABOUT 41 YEARS,
169.
VENKANNA GOWDA B K S/O KRISHNAPPA GOWDA, AGED ABOUT 52 YEARS,
- 20 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
170. SHARADHA W/O KADAPPA, AGED ABOUT 56 YEARS,
171. PRAKASH K V S/O VENKATARAMAIAH, AGED ABOUT 34 YEARS,
172. DEVENDRA GOWDA I M S/O MANJAPPA GOWDA, AGED ABOUT 41 YEARS,
173. SHIVASHANKARA B R S/O GANESHAIAH B, AGED ABOUT 34 YEARS,
174. BALASUBRAMANYA B R S/O RAMACHANDRAIAH , AGED ABOUT 62 YEARS,
175. SUJATHA A S W/O SHIVASHANKARA A V, AGED ABOUT 42 YEARS,
176. RAMESH K S S/O SHAMAIAH S, AGED ABOUT 40 YEARS,
177. SUNIL K V S/O VENKANNA GOWDA B K, AGED ABOUT 45 YEARS,
178. SYED IBRAHIM S/O SYED MASTAP, AGED ABOUT 46 YEARS,
- 21 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
179. SUDHAKARA HEGDE S/O GUNDAPPA HEGDE, AGED ABOUT 32 YEARS,
180. RAJASHEKRA HEGDE H K S/O KADAPPA HEGDE H C, AGED ABOUT 39 YEARS,
181. NITISH H S S/O SHEENA, AGED ABOUT 30 YEARS,
182. SRINIVAS K G S/O GUNDANNA, AGED ABOUT 34 YEARS,
183. KRISHNAPPA S/O BABU GOWDA, AGED ABOUT 59 YEARS,
184. SHEENA S/O CHANNAPPA, AGED ABOUT 46 YEARS,
185. SHANTHA W/O SRINIVASA, AGED ABOUT 45 YEARS,
186. GULABI W/O ANAND SHETTY, AGED ABOUT 49 YEARS,
187. SHAKEELA W/O GUNDAPPA GOWDA T, AGED ABOUT 40 YEARS,
- 22 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
188. RATHNAMMA W/O MANJAPPA GOWDA, AGED ABOUT 56 YEARS,
189. SURESH G S/O GIDDAIAH, AGED ABOUT 61 YEARS,
190. LALITHA D W/O MAHESH NAYAK, AGED ABOUT 46 YEARS,
191. BASHEER SAHEB S/O ABDUL RAZAK, AGED ABOUT 34 YEARS,
192. ABDUL RIZVAN S/O SULAIMAN SAHEB, AGED ABOUT 56 YEARS,
193. SHAKEEL KHAN S/O BASHEERA SAHEB, AGED ABOUT 58 YEARS,
194. UMASHANKAR K M S/O MANJAIAH, AGED ABOUT 46 YEARS,
195. PRAKASH K P S/O PUTTAIAH K H, AGED ABOUT 50 YEARS,
196.
RAGHAVENDRA B G S/O CHANNAKESHAVA, AGED ABOUT 51 YEARS,
- 23 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
197. PAPANNA K D S/O DUGAPPA K N, AGED ABOUT 62 YEARS,
198. SURESH K M S/O MARIYAPPA, AGED ABOUT 39 YEARS,
199. RAVI S/O PUTTAPPA K N, AGED ABOUT 36 YEARS,
200. SATISH S/O ANAND SHETTY, AGED ABOUT 45 YEARS,
201. SUJATHA W/O MANJUNATH K M, AGED ABOUT 52 YEARS,
202. HEMA J W/O KUMAR D, AGED ABOUT 39 YEARS,
203. SUJATHA W/O MAHESH K V AGED ABOUT 29 YEARS,
204. MALINI D P W/O MANJUNATH A S, AGED ABOUT 43 YEARS,
205. PAVANA K C W/O RAMESH, AGED ABOUT 26 YEARS,
- 24 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
206. SUDHA K S W/O SUBBANNA, AGED ABOUT 31 YEARS,
207. UMA K S W/O LINGAPPA M C, AGED ABOUT 33 YEARS,
208. SHOBHA M M W/O SATISH K K, AGED ABOUT 35 YEARS,
209. LEELAVATHI W/O YANNA GOWDA, AGED ABOUT 43 YEARS,
210. ANNAPOORNA G W/O NAGESH, AGED ABOUT 40 YEARS,
211. GANESH K A S/O ANNAPPA GOWDA K S, AGED ABOUT 42 YEARS,
212. CHETHANA D M W/O RAJASHEKARA H S, AGED ABOUT 36 YEARS,
213. GIRISH K J S/O JATTAIAH K K, AGED ABOUT 38 YEARS,
214. SRI LAKSHMI W/O NAGABHUSHANA RAO, AGED ABOUT 30 YEARS,
- 25 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
215. RAMASWAMY GOWDA M P S/O VENKATE GOWDA, AGED ABOUT 33 YEARS,
216. VASAPPA GOWDA H T S/O THIMMAPPA GOWDA, AGED ABOUT 58 YEARS,
ALL ARE MEMBERS OF KAVADI PRATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NI. KAVADI , SRINGERI TALUK-577120 CHIKKAMANGALURU DISTRICT
…PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE-560001
2. THE CO-OPERATIVE ELECTION AUTHORITY CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560027
3.
THE RETURNING OFFICER KAVADI PRATHAMIKA KRISHI PATHINA SAHAKARA
- 26 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
SANGHA NI. KAVADI, SRINGERI TALUK-577120 CHIKKAMANGALURU DISTRICT. 4. THE KAVADI PRATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NI. KAVADI SRINGERI TALUK-577120 CHIKKAMANGALURU DISTRICT, BY ITS CHIEF EXECUTIVE OFFICER, SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959
…RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R3;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. H.B. RUDRESH, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASH THE INELIGIBLE VOTERS LIST DATED NIL VIDE ANNEXURE A AND B PUBLISHED BY RESPONDENT NO.4 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
- 27 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
ORAL ORDER The petitioners are seeking for the following prayers:-
"i) Issue a writ in the nature of certiorari quashing the ineligible voters list dated nil in number nil vide Annexure-A and B published by respondent No.4 in so far as the petitioners are concerned.. (ii) Issue a Writ in the nature of mandamus or any other appropriate writ or order or direction directing the respondents to include the names of the petitioners in the eligible voters list and conduct the elections to the managing committee of respondent No.4 society as per the calendar of events dated 10.12.2024 proposing to hold the elections on 29.12.2024 as per Annexure-C dated 09.12.2024 issued by respondent No.3". 2. This Court by way of an interim arrangement on 20.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 29.12.2024 subject to final outcome of this petition. 3. Heard Sri Jai Prakash Reddy .M, learned counsel for the petitioners, Sri Sidharth Babu Rao, learned AGA for
- 28 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
respondent Nos.1 and 3, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri H.B. Rudresh, learned counsel for respondent No.4. 4. Counsel for the petitioners submits that the election has been held as scheduled on 29.12.2024 and the petitioners have cast their votes. 5. 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. 6. Respondent No.4-society has not placed any material to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under
- 29 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju 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 29.12.2024, if not already announced.
1 2022 (4) AKR 775
- 30 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
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, 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.
- 31 -
NC: 2025:KHC:5114 WP No. 35152 of 2024
vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting.
vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners.
Sd/- JUSTICE K.S. HEMALEKHA
VS List No.: 2 Sl No.: 19