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High Court of Karnataka · body

2025 DAILYLAW 37135 (KAR)

SMT JALAJAKSHI SHEDTHI v. THE STATE OF KARNATAKA

WP/35234/2024 · 2025-01-31

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:4603 WP No. 35234 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35234 OF 2024 (CS-EL/M) BETWEEN: 1. SMT JALAJAKSHI SHEDTHI, W/O RAGHURAMA SHETTY KOVADI, AGED ABOUT 78 YEARS, MEMBER NO.352. 2. MAHABAL SHETTY S/O LINGAMMA SHEDTHI GUDIBETTU, AGED ABOUT 80 YEARS, MEMBER NO 826. 3. RUDRAMMA SHEDTHI W/O KALAPPA SHETTY AGED ABOUT 70 YEARS MEMBER NO.829. 4. RAMESH PRABHU, S/O VASUDEV PRABHU NELLIKATTE, AGED ABOUT 60 YEARS, MEMBER NO.900. 5. SHRINIVAS NAYAK, S/O BABU RAY NAYAK NELLIKATTE, AGED ABOUT 65 YEARS, MEMBER NO 987. 6. SHANKAR SHET, S/O SUBRAYA SHET NELLIKATTE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4603 WP No. 35234 of 2024 AGED ABOUT 68 YEARS, MEMBER NO.988. 7. GIRIJAMMA SHEDTHI, W/O RAMANNA SHETTY GUDIBETTU, AGED ABOUT 70 YEARS, MEMBER NO.1039. 8. NEELU HENGSU, W/O RAMANATH DEVADIGA MAVINAKTTE, AGED ABOUT 68 YEARS, MEMBER NO.1101. 9. CHANDRAMATHI, W/O SRINIVAS D MAVINAKATTE, AGED ABOUT65 YEARS, MEMBER NO.1102. 10. SHEKHAR SHETTY N, S/O HERIYANNA SHETTY NAIL KODU, AGED ABOUT 66 YEARS, MEMBER NO.1169. 11. TIMMA MARAKALA, S/O KARIYA MARAKALA GUDDEMANE NELLIKATTE, AGED ABOUT 69 YEARS MEMBER NO.1184. 12. RATNAVATHI SHEDTHI, W/O SUBBANNA SHETTY GUDIBETTU, AGED ABOUT 70 YEARS, MEMBER NO.1223. 13. JAYALAKSHMI SHEDTHI, W/O NARAYANA SHETTY NAILKODU, AGED ABOUT 68 YEARS - 3 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.1251. 14. CHANDRANAND SHETTY N S/O SHIVARAM SHETTY NAILKODU AGED ABOUT 65 YEARS MEMBER NO.1273. 15. MINKAMMA SHEDTHI, W/O RAGHURAM SHETTY ISODMANE GUDIBETTU, AGED ABOUT 85 YEARS MEMBER NO.1290. 16. PRABHAKAR SHETTY N, S/O HERIYANNA SHETTY NAIL KODU, AGED ABOUT 58 YEARS MEMBER NO.1356. 17. NAGARAJ POOJARY, S/O SUBBA POOJARY SANTHARU, AGED ABOUT 60 YEARS MEMBER NO.1374. 18. GIRIJA MARAKALTHI, W/O SHEENA MARAKALA KAANCHARU, AGED ABOUT 64 YEARS MEMBER NO.1386. 19. ANAND SHETTY G, S/O RAGHURAM SHETTY GUDIBETTU, AGED ABOUT 65 YEARS MEMBER NO.1393. 20. VIJAYALAKSHMI SHEDTHI N, W/O SURENDRA SHETTY NAIL KODU, AGED ABOUT 68 YEARS, - 4 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.1415. 21. JAYARAM SHETTY, S/O MANJAYYA SHETTY JADDINAMANE GUDIBETTU, AGED ABOUT 60 YEARS MEMBER NO.1463. 22. MOHINI G SHETTY, W/O JAGANNATH SHETTY P AMPARU, AGED ABOUT 63 YEARS, MEMBER NO.1470. 23. VIJAYALAKSHMI K N, W/O NAGARAJ RAO K, AGED ABOUT 58 YEARS MEMBER NO.1479. 24. CHANDRASHEKHAR SHET, S/O SUBRAYA SHET MAVINAKATTE, AGED ABOUT 63 YEARS, MEMBER NO.1497. 25. SHEKHAR SHETTY G, S/O SANKAYYA SHETTY KOVADI, AGED ABOUT 66 YEARS, MEMBER NO.1557. 26. SHEENA PAANA, S/O ANNU PAANA GUDIBETTU, AGED ABOUT 62 YEARS, MEMBER NO.1567. 27. VANAJA SHETTY, W/O SHIVARAJ SHETTY GUDIBETTU MULLIMANE, AGED ABOUT 65 YEARS - 5 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.1593. 28. BHUJANGA SHETTY, S/O MAHABALA SHETTY MELKODI BALADI, AGED ABOUT 66 YEARS, MEMBER NO.1624. 29. PARVATHI MOGERTHI, W/O BASAVA MOGAVEERA GUDIBETTU, AGED ABOUT 62 YEARS, MEMBER NO.1672. 30. SAAKU POOJARTHI, D/O CHANDU POOJARTHI NAILKODU, AGED ABOUT 54 YEARS, MEMBER NO.1686. 31. SADHU POOJARTHI, W/O MUDURA POOJARY NAILKODU, AGED ABOUT 58 YEARS MEMBER NO.1687. 32. SHYAMALA SHETTY, W/O SHEKHAR SHETTY N, AGED ABOUT 65 YEARS, MEMBER NO.1722. 33. SHIVARAM NAIK, S/O ANAND NAIK KANNALI MOODUBAGED, AGED ABOUT 72 YEARS, MEMBER NO.1738. 34. CHANDRASHEKHAR SHETTY, S/O VENKAPPA SHETTY, AGED ABOUT 60 YEARS, - 6 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.1785. 35. JYOTHI R PRABHU, W/O RAMESH PRABHU, AGED ABOUT 64 YEARS, MEMBER NO.1802. 36. JAYALAKSHMI SHET, W/O SHANKAR SHET MAVINAKATTE, AGED ABOUT 63 YEARS, MEMBER NO.1808. 37. VASANTHI SHEDTHI, D/O KRISHNAPPA SHETTY BALADI JADDINABAILU, AGED ABOUT 52 YEARS, MEMBER NO.1855. 38. KASTHURI SHEDTHI, W/O ANAND SHETTY KUNIGADDE, AGED ABOUT 54 YEARS, MEMBER NO.1929. 39. HEMALATHA, W/O CHANDRA SHETTY JIGAR, AGED ABOUT 58 YEARS, MEMBER NO.1972. 40. GANAPAYYA ACHARI, S/O MAHABALA ACHARI BALADI SWAMI MANE, AGED ABOUT 64 YEARS, MEMBER NO.2000. 41. SUSHEELA, W/O RAMA MARAKALA CHATRUTTI NELLIKATTE, AGED ABOUT 62 YEARS, MEMBER NO.2001. - 7 - NC: 2025:KHC:4603 WP No. 35234 of 2024 42. NAAGA PAANA, S/O ANNU PAANA GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.2077. 43. SUBBANNA SHETTY K, S/O GANAPAYYA SHETTY GUDIBETTU, MEMBER NO.2089. 44. MANJU HARIJANA, S/O DURGA HARIJANA BALADI, AGED ABOUT 68 YEARS, MEMBER NO.2105. 45. SHEKHAR SHETTY, S/O GOVINDA SHETTY GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.2114. 46. SHANKAR SHETTY S, S/O KRISHNAPPA SHETTY HADALI HEBBAGILU, AGED ABOUT 54 YEARS MEMBER NO.2119. 47. BHARATHI SHEDTHI, W/O JAYAKAR SHETTY NAILKODU, AGED ABOUT 56 YEARS, MEMBER NO.2179. 48. SAAMAD SAHEB B S/O AHAMMAD SAHEB MOODUBAGED, AGED ABOUT 57 YEARS, MEMBER NO.2180. 49. ASHOK POOJARY, S/O KOOSU POOJARY NAILKODU, - 8 - NC: 2025:KHC:4603 WP No. 35234 of 2024 AGED ABOUT 48 YEARS, MEMBER NO.2189. 50. JAYARAM POOJARY, S/O MUDURA POOJARY NAILKODU, AGED ABOUT 50 YEARS, MEMBER NO.2220. 51. KRISHNA POOJARY, S/O NARASIMHA POOJARY GORTE, AGED ABOUT 52 YEARS, MEMBER NO.2246. 52. BANGARI BALADI, S/O KARIYA BALADI GUDDI, AGED ABOUT 64 YEARS, MEMBER NO.2255. 53. CHANDRASHEKHAR SHETTY, S/O KRISHNAPPA SHETTY BALADI JADDINABAILU, AGED ABOUT 60 YEARS, MEMBER NO.2275. 54. SATHYANARAYANA ACHARI, S/O MAHABALA ACHARI BALADI, AGED ABOUT 58 YEARS, MEMBER NO.2282. 55. SOORA POOJARY, S/O NARAYANA POOJARY SANTHARU, AGED ABOUT 48 YEARS, MEMBER NO.2287. 56. VISHALAKSHI SHEDTHI, D/O SANJEEV SHETTY NEELASANJU, AGED ABOUT 58 YEARS, - 9 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.2319. 57. MUTTU HARIJANA, W/O MANJU HARIJANA BALADI, AGED ABOU 54 YEARS, MEMBER NO.2326. 58. PRAJEETH K.A.SHETTY, S/O ANAND SHETTY NEASARAMAKKI, AGED ABOUT 53 YEARS, MEMBER NO.2348. 59. PRABHAVATHI SHEDTHI, W/O BHUJANGA SHETTY MUBARU, AGED ABOUT 53 YEARS, MEMBER NO.2349. 60. KAMALA S THOLAR, W/O SHANKAR MENDON MEL CHATRUTTI NELLIKATTE, AGED ABOUT 62 YEARS, MEMBER NO.2366. 61. SHEENA MOGAVEERA, S/O NAGA MOGAVEERA GUDIBETTU, AGED ABOUT 71 YEARS, MEMBER NO.2390. 62. POORNIMA G SHETTY, W/O JAYARAM SHETTY KUPPAKODU, AGED ABOUT 64 YEARS, MEMBER NO.2409. 63. SHYAMALA SHEDTHI, W/O PRABHAKAR SHETTY HADALI, AGED ABOUT 62 YEARS, - 10 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.2433. 64. UDAY KUMAR B, S/O BASAVA NAIK, AGED ABOUT 63 YEARS, MEMBER NO.2437. 65. JALAJAMMA SHEDTHI, W/O SANJEEV SHETTY HADALI, AGED ABOUT 72 YEARS, MEMBER NO.2446. 66. LALITHA NAIK, W/O YOGENDRA NAIK HOSURU ROAD, AGED ABOUT 54 YEARS, MEMBER NO.2452. 67. YOGENDRA NAIK, S/O MAHALINGA NAIK HOSURU ROAD, AGED ABOUT 56 YEARS, MEMBER NO.2453. 68. SAROJA SHEDTHI, W/O SUDHAKAR SHETTY BALADI, AGED ABOUT 60 YEARS, MEMBER NO.2458. 69. PREMA SHEDTHI, W/O SADSHIVA SHETTY BALADI, AGED ABOUT 58 YEARS, MEMBER NO.2459. 70. PREMA P SHETTY, W/O PRABHAKAR SHETTY BALADI, AGED ABOUT 54 YEARS, MEMBER NO.2460. - 11 - NC: 2025:KHC:4603 WP No. 35234 of 2024 71. CHANDRA POOJARY, S/O BACCHA POOJARY NELLIKATTE, AGED ABOUT 54 YEARS, MEMBER NO.2461. 72. LALITHA SHEDTHI, W/O ANAND SHETTY GUDIBETTU, AGED ABOUT 57 YEARS, MEMBER NO. 2462. 73. PRAKSH SHETTY, S/O NARASIMHA SHETTY BALADI, AGED ABOUT 54 YEARS, MEMBER NO.2464. 74. VASANTH THOLAR, S/O SHEENA THOLAR NELLIKATTE, AGED ABOUT 56 YEARS, MEMBER NO.2472. 75. BABY BHANDARTHI, W/O KRISHNA BHANDARI DASARAMAKKI, AGED ABOUT 48 YEARS, MEMBER NO.2477. 76. GULABHI SHEDTHI, W/O RAMANNA SHETTY GUDIBETTU, AGED ABOUT 53 YEARS, MEMBER NO.2480. 77. MOOKAMBU SHEDTHI, W/O GOPAL SHETTY HUNASEGUDDEMANE GUDIBETTU, AGED ABOUT 62 YEARS, MEMBER NO.2511. - 12 - NC: 2025:KHC:4603 WP No. 35234 of 2024 78. BABU MOGAVEERA, S/O SOORA MOGAVEERA, AGED ABOUT 44 YEARS, MEMBER NO.2530. 79. ROHITH K SHETTY, S/O H.KARUNAKAR SHETTY, AGED ABOUT 66 YEARS, MEMBER NO.2545. 80. SUDHAKAR SHETTY, S/O SHIVARAM SHETTY MARASE KANDLURU, AGED ABOUT 53 YEARS, MEMBER NO.2553. 81. SAROJA SHEDTHI, W/O BHUJANGA SHETTY BALADI, AGED ABOUT 67 YEARS, MEMBER NO.2565. 82. SHARADHA B, W/O MANJU MOGERA KANCHARU, AGED ABOUT 64 YEARS, MEMBER NO.2566. 83. SURESH POOJARY, S/O SADIYA POOJARY, AGED ABOUT 60 YEARS, MEMBER NO.2571. 84. DINESH POOJARY, S/O SADIYA POOJARY GORTE, AGED ABOUT 58 YEARS, MEMBER NO.2573. - 13 - NC: 2025:KHC:4603 WP No. 35234 of 2024 85. VASANTH, S/O SADIYA POOJARY GORTE, AGED ABOUT 53 YEARS, MEMBER NO.2576. 86. GULABHI, W/O SADIYA POOJARY GORTE, AGED ABOUT 54 YEARS, MEMBER NO.2577. 87. SUSHEELA SHEDTHI, W/O BHASKAR SHETTY, AGED ABOUT 60 YEARS, MEMBER NO.2578. 88. SAROJA B, W/O CHANDRA POOJARY, AGED ABOUT 67 YEARS, MEMBER NO.2580. 89. VINODA SHEDTHI, W/O BALAKRISHNA SHETTY HADALI HOSAMANE, AGED ABOUT 48 YEARS, MEMBER NO.2593. 90. GULABHI SHEDTHI, W/O BALAKRISHNA SHETTY BALADI, AGED ABOUT 58 YEARS, MEMBER NO.2601. 91. SHAKUNTHALA P SHETTY, W/O PRABHAKAR SHETTY N NAILKODU, AGED ABOUT 52 YEARS, MEMBER NO.2613. 92. CHANDRASHEKHAR SHETTY, - 14 - NC: 2025:KHC:4603 WP No. 35234 of 2024 S/O SADIYANNA SHETTY GUDIBETTU, AGED ABOUT 55 YEARS, MEMBER NO.2618. 93. ARATHI R SHETTY, W/O RANJITH R SHETTY, AGED ABOUT 48 YEARS, MEMBER NO.2622. 94. SUMATHI, W/O MANJUNATHA NAIK MOODUBAGED, AGED ABOUT 54 YEARS, MEMBER NO.2628. 95. ASHALATHA SHEDTHI, W/O SHIVARAM SHETTY BALADI, AGED ABOUT 53 YEARS, MEMBER NO.2642. 96. ABDHUL AAZAD G, S/O MOHAMMAD SAHEB MOODUBAGED, AGED ABOUT 62 YEARS, MEMBER NO.2648. 97. RAGHURAM MOGERA, S/O NARAYANA MOGERA BALADI, AGED ABOUT 51 YEARS, MEMBER NO.2653. 98. RAMANNA SHETTY, SHESHA SHETTY KANNATAKALU, AGED ABOUT 56 YEARS, MEMBER NO.2663. 99. SANJEEVI SHEDTHI, W/O BHUJANGA SHETTY HADALI, AGED ABOUT 64 YEARS, - 15 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.2677. 100. SATHISH POOJARY, S/O VENKAPPA POOJARY, AGED ABOUT 61 YEARS, MEMBER NO.2682. 101. PRASHANTH SHETTY, S/O K RAJEEV SHETTY KUPPAKODU MANE, AGED ABOUT 48 YEARS, MEMBER NO.2687. 102. VANITHA S SHETTY, W/O SHANKAR SHETTY GUDIBETTU, AGED ABOUT 48 YEARS, MEMBER NO.2691. 103. PRASHANTH KUMAR SHETTY, S/O SUBBANNA SHETTY GUDIBETTU, AGED ABOUT 53 YEARS, MEMBER NO.2692. 104. SHARATH KUMAR SHETTY, S/O SUBBANNA SHETTY GUDIBETTU, AGED ABOUT 54 YEARS, MEMBER NO.2693. 105. MANJUNATH ACHARI, S/O MAHABALA ACHARI BALADIGUDDE, AGED ABOUT 58 YEARS, MEMBER NO.2701. 106. BHAVANI, W/O ANAND MOGERA NELLIKATTE, AGED ABOUT 63 YEARS, MEMBER NO.2757. - 16 - NC: 2025:KHC:4603 WP No. 35234 of 2024 107. ANAND SHETTY, S/O ANNAYYA SHETTY KOTEBETTU MOODUBAGED, AGED ABOUT 42 YEARS, MEMBER NO.2758. 108. DURGAPRASAD SHETTY, S/O TARANATH SHETTY AMPARU, AGED ABOUT 45 YEARS, MEMBER NO.2803. 109. MOHAMMAD RAFEEK, S/O HUSAIN SAHEB MOODUBAGED, AGED ABOUT 63 YEARS, MEMBER NO.2810. 110. HEMANTH, S/O NAGARAJ NELLIKATTE, AGED ABOUT 48 YEARS, MEMBER NO.2817. 111. NAGARAJ SHET, S/O NARAHARI SHET MULLUGUDDE, AGED ABOUT 43 YEARS, MEMBER NO.2838. 112. RATNAKAR POOJARY, S/O MUDURA NAILKODU, AGED ABOUT 48 YEARS, MEMBER NO.2839. 113. KRISHNA SHET, S/O PANDURANGA SHET MULLUGUDDE, AGED ABOUT 43 YEARS, MEMBER NO.2840. 114. NARAYANA POOJARY, 5/O BADIYA POOJARY NAILKODU, - 17 - NC: 2025:KHC:4603 WP No. 35234 of 2024 AGED ABOUT 58 YEARS, MEMBER NO.2842. 115. CHETHAN SHETTY, S/O BALAKRISHNA SHETTY KOVADI, AGED ABOUT 62 YEARS, MEMBER NO.2843. 116. KORAGAYYA SHETTY, S/O ANTHAYYA SHETTY GUDIBETTU, AGED ABOUT 55 YEARS, MEMBER NO.2848. 117. LACCHA PANGADAGAR, W/O MAHABALA PANGADAGAR KORALAKADU ROAD, AGED ABOUT 54 YEARS, MEMBER NO.2849. 118. ROHITH POOJARY, S/O BHAGAVAN DAS GUPTHA VIVEKANAGAR, AGED ABOUT 48 YEARS, MEMBER NO.2850. 119. MAHESH SHETTY, S/O MAHABALA SHETTY MOODUBAGED, AGED ABOUT 45 YEARS, MEMBER NO.2855. 120. MALATHI SHEDTHI, W/O NAGAYYA SHETTY GUDIBETTU, AGED ABOUT 70 YEARS, MEMBER NO.2859. 121. GIRIJAMMA SHEDTHI, W/O SHANKAR SHETTY GUDIBETTU, AGED ABOUT 48 YEARS, - 18 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.2860. 122. VASUDEV SHET, S/O KAMALAKSH SHET MULLUGUDDE, AGED ABOUT 52 YEARS, MEMBER NO.2861. 123. PRATHIMA SHETTY, D/O SHANKAR SHETTY GUDIBETTU, AGED ABOUT 38 YEARS, MEMBER NO.2862. 124. JAYARANI, D/O NARASIMHA SHETTY HADALI, AGED ABOUT 45 YEARS, MEMBER NO.2870. 125. SUKUMAR SHETTY, S/O MANJAYYA SHETTY MULLUGUDDE, AGED ABOUT 52 YEARS, MEMBER NO.2890. 126. PRAVEEN SHETTY, 5/O RAJEEV SHETTY KALLAMJEDDU, AGED ABOUT 50 YEARS, MEMBER NO.2891. 127. PRADEEP SHETTY, S/O RAJEEV SHETTY KALLAMJEDDU, AGED ABOUT 48 YEARS, MEMBER NO.1892. 128. PARVATHI MOGERTHI, W/O SHANKAR MOGERA BALADIGUDDE, AGED ABOUT 43 YEARS, MEMBER NO.2922. - 19 - NC: 2025:KHC:4603 WP No. 35234 of 2024 129. SUKUMAR SHETTY, S/O SANJEEV SHETTY BALADI AGED ABOUT 42 YEARS, MEMBER NO.2956. 130. YANWISH MARIYAM, D/O V CHAYABBA GULVADI MAVINAKATTE, AGED ABOUT 45 YEARS, MEMBER NO.2983. 131. MAHAMMAD RAFEEK, S/O N.MOHAMMAD NERALAKATTE KARKUNJE, AGED ABOUT 48 YEARS, MEMBER NO.2984. 132. VISHWANATH, S/O SHIVARAM PANGADAGARA TAVAREKERE GUDIBETTU, AGED ABOUT 44 YEARS, MEMBER NO.2992. 133. RAGHAVENDRA KULAL, S/O SHESHU KULAL DASARAMAKKI, AGED ABOUT 46 YEARS, MEMBER NO.3013. 134. GURUPRASAD SHETTY, S/O SURENDRA SHETTY NAILKODU, AGED ABOUT 47 YEARS, MEMBER NO.3015. 135. VASANTH R.SHETTY, W/O RAJEEV SHETTY BALADI, AGED ABOUT 53 YEARS, MEMBER NO.3017. 136. CHANDRA POOJARY, S/O PANJU POOJARY KOVADI, - 20 - NC: 2025:KHC:4603 WP No. 35234 of 2024 AGED ABOUT 48 YEARS, MEMBER NO.3020. 137. SUNANDA C.HEGDE, W/O A.CHITTARANJAN HEGDE HALNADU, AGED ABOUT 53 YEARS, MEMBER NO.3021. 138. SADASHIV SHETTY, S/O ANNAPPA SHETTY HALNADU, AGED ABOUT 46 YEARS, MEMBER NO.3022. 139. VASANTHI, W/O SOORA MARAKALA, AGED ABOUT 54 YEARS, MEMBER NO.3024. 140. NAGARATNA SHEDTHI, W/O LAKSHMAN SHETTY GUDIBETTU, AGED ABOUT 63 YEARS, MEMBER NO.3026. 141. BHANUMATHI A, W/O K.NAGARAJ MULLUGUDDE, AGED ABOUT 60 YEARS, MEMBER NO.3030. 142. HAAJI BYARI, S/O SAYYAD BYARI SAFA MANJIL, AGED ABOUT 58 YEARS, MEMBER NO.3033. 143. MANJU KULAL, S/O SHEENA KULAL HOROLIJADDU, AGED ABOUT 60 YEARS, MEMBER NO.3039. - 21 - NC: 2025:KHC:4603 WP No. 35234 of 2024 144. TYAGARAJ SHETTY, S/O VITTAL SHETTY HEMMAKKI MANE BANDYA, AGED ABOUT 65 YEARS, MEMBER NO.3047. 145. DEVISON, S/O DEVASYA GREEN LAND, AGED ABOUT 64 YEARS, MEMBER NO.3068. 146. LACCHA MOGERTHI, W/O PANJU MOGERA, AGED ABOUT 48 YEARS, MEMBER NO.3072. 147. RAMYA NAYAK, W/O RAMESH NAYAK MULLUGUDDE HALNADU, AGED ABOUT 47 YEARS, MEMBER NO.3073. 148. SAAKU MOGERTHI, W/O GUNDU MOGERA BALADI, AGED ABOUT 43 YEARS, MEMBER NO.3086. 149. GANGAMMA SHEDTHI, W/O SHESHA SHETTY GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.3090. 150. PRASAD SHETTY H, S/O BHUJANGA SHETTY HADALI, AGED ABOUT 38 YEARS, MEMBER NO.3118. - 22 - NC: 2025:KHC:4603 WP No. 35234 of 2024 151. PANJU KULAL, S/O SHEENA KULAL HOROLIJEDDU, AGED ABOUT 36 YEARS, MEMBER NO.3122. 152. UDAY, S/O SHAMBHU MOGAVEERA GUDIBETTU, AGED ABOUT 34 YEARS, MEMBER NO.3124. 153. RAMESH SHETTY, S/O RAJEEVA SHETTY GUDIBETTU, AGED ABOUT 33 YEARS, MEMBER NO.3125. 154. AKKANI KULALTHI, W/O SHEENA KULAL HOROLIJEDDU, AGED ABOUT 68 YEARS, MEMBER NO.3137. 155. MANJAYYA SHETTY, S/O VEERANNA SHETTY HADALI, AGED ABOUT 68 YEARS, MEMBER NO.3178. 156. SURESH KUMAR SHETTY, S/O NARASIMHA SHETTY BALADI, AGED ABOUT 64 YEARS, MEMBER NO.3180. 157. DIVAKAR SHETTY, S/O NARASIMHA SHETTY, AGED ABOUT 48 YEARS, MEMBER NO.3187. 158. PRABHAKAR N.K, S/O KORAGAPPA MOGAVEERA, - 23 - NC: 2025:KHC:4603 WP No. 35234 of 2024 AGED ABOUT 43 YEARS, MEMBER NO.3201. 159. NAGESH, S/O LACCHU NAIK BALADI, AGED ABOUT 52 YEARS, MEMBER NO.3203. 160. SHANKAR SHETTY H, S/O CHIKKAYYA SHETTY AGED ABOUT 51 YEARS, MEMBER NO.3207. 161. HARISH KUMAR B, S/O BALAKRISHNA SHETTY AGED ABOUT 48 YEARS, MEMBER NO.3216. 162. SUKETH KULAL, S/O MANJU KULAL DASARAMAKKI, AGED ABOUT 43 YEARS, MEMBER NO.3217. 163. PRASHANTH H, S/O MANJAYYA SHETTY HADALI, AGED ABOUT 42 YEARS, MEMBER NO.3218. 164. BHARATHI SHEDTHI, W/O BHASKAR SHETTY KANNATAKALU, AGED ABOUT 48 YEARS, MEMBER NO.3223. 165. PRATHVISCHANDRA SHETTY K, S/O SHEKHAR SHETTY KOVADI, AGED ABOUT 44 YEARS, MEMBER NO.3230. - 24 - NC: 2025:KHC:4603 WP No. 35234 of 2024 166. SUBHASH SHETTY, S/O SHEENAPPA SHETTY GUDIBETTU, AGED ABOUT 52 YEARS, MEMBER NO.3257. 167. DEEPIKA, D/O SHEKHAR SHETTY TAVAREKERE GUDIBETTU, AGED ABOUT 40 YEARS, MEMBER NO.3282. 168. DEVENDRA POOJARY, S/O BASAVA POOJARY KOVADIGUDDE, AGED ABOUT 42 YEARS, MEMBER NO.3283. 169. PRAJWAL KUMAR, S/O NAGARAJ SHETTY KOVADI, AGED ABOUT 38 YEARS, MEMBER NO.3289. 170. JYOTHI K, D/O SHEKAHR SHETTY KUPKODU, AGED ABOUT 36 YEARS, MEMBER NO.3293. 171. UJWAL SHETTY, S/O PRADEEP KUMAR SHETTY HEMMAKKI KODLADI, AGED ABOUT 38 YEARS, MEMBER NO.3311. 172. SHAMBU MOGAVEERA, S/O GOVINDA MOGAVEERA HOROLIJEDDU, AGED ABOUT 70 YEARS, MEMBER NO.3324. - 25 - NC: 2025:KHC:4603 WP No. 35234 of 2024 173. SHRIDHAR ACHAR, S/O GANAPPAYYA ACHAR BALADI, AGED ABOUT 34 YEARS, MEMBER NO.3345. 174. BHAVANI SHEDTHI, W/O SANJEEV SHETTY BALADI, AGED ABOUT 49 YEARS, MEMBER NO.3348. 175. SUSHILA SHEDTHI, W/O GANGADAR SHETTY GUDIBETTU, AGED ABOUT 54 YEARS, MEMBER NO.3405. 176. PADMANABH SHET, S/O UPENDRA SHET, AGED ABOUT 56 YEARS, MEMBER NO.3406. 177. PARVATHI SHEDTHI, W/O SEETAHRAM SHETTY GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.3419. 178. SADASHIV SHETTY, S/O SANJEEV SHETTY, AGED ABOUT 62 YEARS, MEMBER NO.3491. 179. SHRIMATHI SHEDTHI, W/O SURENDRA SHETTY VALTHURU, AGED ABOUT 58 YEARS, MEMBER NO.3506. - 26 - NC: 2025:KHC:4603 WP No. 35234 of 2024 180. UDAY DEVADIGA, S/O RAMANATH BANGERA NELLIKATTE, AGED ABOUT 52 YEARS, MEMBER NO.3516. 181. ANUSH SHETTY, S/O SEETHARAM SHETTY, AGED ABOUT 30 YEARS, MEMBER NO.3522. 182. SUPRITHA SHETTY, W/O PRASHANTH SHETTY KUPKODU, AGED ABOUT 32 YEARS, MEMBER NO.3530. 183. SHRIMATHI ACHAR, W/O SATHYANARAYANA ACHAR DASARAMAKKI, AGED ABOUT 38 YEARS, MEMBER NO.3582. 184. CHANDRA MADIVALA, S/O BASAVA MADIVALA DASARAMAKKI, AGED ABOUT 28 YEARS, MEMBER NO.3585. 185. RAJESH, S/O RAMA PAANA GUDIBETTU, AGED ABOUT 35 YEARS, MEMBER NO.3587. 186. PRABHALATHA SHEDTHI, W/O PRABHAKAR SHETTY TAVAREKERE GUDIBETTU, AGED ABOUT 32 YEARS, MEMBER NO.3620. - 27 - NC: 2025:KHC:4603 WP No. 35234 of 2024 187. BABY SHEDTHI, W/O RAJEEV SHETTY HADALI, AGED ABOUT 43 YEARS, MEMBER NO.3622. 188. SHANKAR MOGAVEERA, S/O NANDI MOGAVEERA BALADIGUDDE, AGED ABOUT 48 YEARS, MEMBER NO.3628. 189. MAHABALA MARAKALA, S/O BACCHA MARAKALA BALADIGUDDE, AGED ABOUT 60 YEARS, MEMBER NO.3648. 190. GANESH, S/O RAMA MARAKALA BAILOORU, AGED ABOUT 58 YEARS, MEMBER NO.3653. 191. PADMAVATHI, W/O SHEENA MOGAVEERA GUDIBETTU, AGED ABOUT 48 YEARS, MEMBER NO.3718. 192. RAJEEVI SHEDTHI, W/O SHANKAR SHETTY GUDIBETTU, AGED ABOUT 58 YEARS, MEMBER NO.3719. 193. JAYASHRI, W/O PREM KUMAR NELLIKATTE, AGED ABOUT 40 YEARS, MEMBER NO.3748. 194. BABU POOJARY, - 28 - NC: 2025:KHC:4603 WP No. 35234 of 2024 S/O JOGU POOJARY GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.3750. 195. UMESH, S/O PANJU MOGAVEERA BALADI, AGED ABOUT 38 YEARS, MEMBER NO.3757. 196. SHEKHAR SHETTY, S/O TIMMAPPA SHETTY GUDIBETTU, AGED ABOUT 58 YEARS, MEMBER NO.3759. 197. LACCHA POOJARTHI, W/O NANDHI POOJARY DASARAMAKKI, AGED ABOUT 60 YEARS, MEMBER NO.3772. 198. SUGUNA SHETTY, W/O SUDHAKAR SHETTY GUDIBETTU, AGED ABOUT 34 YEARS, MEMBER NO.3804. 199. DEEPAK ANAND, S/O ANAND BHANDARI DASARAMAKKI, AGED ABOUT 38 YEARS, MEMBER NO.3805. 200. POORNIMA, W/O SURESH KULAL, AGED ABOUT 36 YEARS, MEMBER NO.3806. 201. SUSHILA SHEDTHI, W/O RAJEEVA SHETTY KUPKODU, AGED ABOUT 38 YEARS, - 29 - NC: 2025:KHC:4603 WP No. 35234 of 2024 MEMBER NO.3824. 202. BHASKAR SHETTY, S/O SHIVARAM SHETTY HADALI, AGED ABOUT 63 YEARS, MEMBER NO.3829. 203. SAVITHA SHETTY, W/O RAGHURAM SHETTY GUDIBETTU, AGED ABOUT 38 YEARS, MEMBER NO.3852. 204. SAVITHRI, W/O MANJU MARAKALA GUDIBETTU, AGED ABOUT 28 YEARS, MEMBER NO.3855. 205. SHWETHA SHETTY, D/O DIVAKAR SHETTY GUDIBETTU, AGED ABOUT 33 YEARS, MEMBER NO.3856. 206. ASHWINI SHETTY, D/O SHEETHARAM SHETTY GUDIBETTU, AGED ABOUT 30 YEARS, MEMBER NO.3860. 207. SHANKAR SHETTY, S/O MANJAYYA SHETTY GUDIBETTU, AGED ABOUT 64 YEARS, MEMBER NO.3866. 208. RAJEEV SHETTY, S/O HERIYANNA SHETTY GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.3867. - 30 - NC: 2025:KHC:4603 WP No. 35234 of 2024 209. CHANDAMMA SHEDTHI, W/O ANAND SHETTY GUDIBETTU, AGED ABOUT 48 YEARS, MEMBER NO.3868. 210. BHARATHI SHEDTHI, W/O GANESH SHEDTHI GUDIBETTU, AGED ABOUT 43 YEARS, MEMBER NO.3869. 211. USHA SHETTY, D/O RAJEEV SHETTY HADALI, AGED ABOUT 43 YEARS, MEMBER NO.3874. 212. ASHA SHETTY, D/O RAJEEV SHETTY HADALI, AGED ABOUT 56 YEARS, MEMBER NO.3875. 213. CHENNA POOJARY, S/O KORAGA GUDIBETTU, AGED ABOUT 60 YEARS, MEMBER NO.3884. 214. MANJUNATH, S/O NAGAPPA ACHARI DASARAMAKKI, AGED ABOUT 48 YEARS, MEMBER NO.3886. 215. POORNIMA, D/O PUTTAYYA NAIK KANNALI, AGED ABOUT 28 YEARS, MEMBER NO.3907. - 31 - NC: 2025:KHC:4603 WP No. 35234 of 2024 216. JEENA, W/O VIJI PAUL BALADI, AGED ABOUT 64 YEARS, MEMBER NO.3932. 217. SHALINI SHETTY, W/O RAMESH SHETTY BALADI, AGED ABOUT 38 YEARS, MEMBER NO.3940. 218. MANJUNATH SHETTY @ MANJUNATH, S/O SHANKAR SHETTY G.M GUDIBETTU, AGED ABOUT 32 YEARS, MEMBER NO.3944. 219. RATNAVATHI SHEDTHI, W/O SHEKHAR SHETTY KUPKODU, AGED ABOUT 48 YEARS, MEMBER NO.3988. 220. BHARATHI SHETTY, W/O RATNAKAR SHETTY, AGED ABOUT 38 YEARS, MEMBER NO.3989. 221. SATHISHCHANDRA SHETTY, S/O SHEKHAR SHETTY KOVADI, AGED ABOUT 55 YEARS, MEMBER NO.4020. 222. SIDDHU POOJARTHI, W/O NARAYANA POOJARY NAILKODU, AGED ABOUT 60 YEARS, MEMBER NO.4070. 223. BHARATH MOGAVEERA, S/O MANJUNATH MOGAVEERA NELLLIKATTE, - 32 - NC: 2025:KHC:4603 WP No. 35234 of 2024 AGED ABOUT 38 YEARS, MEMBER NO.4091. 224. SARJITH M, S/O SUBBANNA SHETTY MOODUBAGED, AGED ABOUT 32 YEARS, MEMBER NO.4106. 225. HARISH, S/O SOORA MOGAVEERA NELLIKATTE, AGED ABOUT 32 YEARS, MEMBER NO.4114. 226. KRISHNAPPA SHETTY, S/O SUBBANNA SHETTY MELBETTU GUDIBETTU, AGED ABOUT 45 YEARS, MEMBER NO.4126. 227. JALAJA, W/O MANJU POOJARY GUDIBETTU, AGED ABOUT 33 YEARS, MEMBER NO.4145. 228. SUPRITHA, D/O MANJU POOJARY GUDIBETTU, AGED ABOUT 32 YEARS, MEMBER NO.4146. 229. VENKATESH SHETTY, S/O KUSHAL SHETTY GUDIBETTU, AGED ABOUT 38 YEARS, MEMBER NO.4205. 230. SHRUTHI SHET, W/O SHRIDHAR SHET KAVRADI, AGED ABOUT 60 YEARS, MEMBER NO.4222. - 33 - NC: 2025:KHC:4603 WP No. 35234 of 2024 231. LAKSHMI PAANA, W/O SANJU PAANA KUPKODU, AGED ABOUT 40 YEARS, MEMBER NO.4225. 232. MANOHAR SHETTY, S/O NARAYANA SHETTY GUDIBETTU, AGED ABOUT 52 YEARS, MEMBER NO.4230. 233. PAVITHRA M SHETTY, W/O MANOHAR SHETTY GUDIBETTU, AGED ABOUT 38 YEARS, MEMBER NO.4231. 234. LAKSHMAN SHETTY, S/O NADYAPPA SHETTY GUDIBETTU, AGED ABOUT 62 YEARS, MEMBER NO.4258. 235. KAMALA, W/O TIMMA MARAKALA NELLIKATTE, AGED ABOUT 48 YEARS, MEMBER NO.4287. 236. SHANTHA, W/O BHASKAR MADIVALA DASARAMAKKI, AGED ABOUT 32 YEARS, MEMBER NO.4293. 237. BHARATHI SHEDTHI, W/O PRADEEP KUMAR SHETTY HADALI, AGED ABOUT 48 YEARS, MEMBER NO.4304. - 34 - NC: 2025:KHC:4603 WP No. 35234 of 2024 238. NAGARATNA POOJARY, W/O SUDHAKAR POOJARY, AGED ABOUT 38 YEARS, MEMBER NO.2526. 239. JALAJA POOJARTHY, W/O SHEENA POOJARY, AGED ABOUT 52 YEARS, MEMBER NO.2602. 240. JALAJA MOGERTHI, W/O SUBHASH MOGAVEERA, AGED ABOUT 48 YEARS, MEMBER NO.2617. 241. GIRIJA MOGERTHI, W/O SHAMBU MOGAVEERA, AGED ABOUT 46 YEARS, MEMBER NO.2917. 242. MAHABALA POOJARY, S/O SHANKAR POOJARY, AGED ABOUT 58 YEARS, MEMBER NO.2944. 243. DINESH KUMAR SHETTY, S/O RAGHURAM SHETTY, AGED ABOUT 35 YEARS, MEMBER NO.3155. 244. ASHOK, S/O RAMA MARAKALA, AGED ABOUT 40 YEARS, MEMBER NO.3200. - 35 - NC: 2025:KHC:4603 WP No. 35234 of 2024 245. PRABHAVATHI SHEDTHI, D/O RAJEEV SHETTY, AGED ABOUT 38 YEARS, MEMBER NO.3321. 246. PUNITHA H, D/O PRABHAKAR SHETTY, AGED ABOUT 33 YEARS, MEMBER NO.3340. 247. BHAVYA SHETTY, D/O BHOJARAJ SHETTY, AGED ABOUT 30 YEARS, MEMBER NO.3403. 248. SUKESH SHETTY, S/O KORAGAYYA SHETTY, AGED ABOUT 37 YEARS, MEMBER NO.3395. 249. RAJESH SHETTY, S/O VITTAL SHETTY, AGED ABOUT 42 YEARS, MEMBER NO.3408. 250. SHAILAJA.S SHETTY, W/O SATHISH SHETTY, AGED ABOUT 45 YEARS, MEMBER NO.3423. 251. RATNAKAR SHETTY, S/O BACCHU SHETTY, AGED ABOUT 52 YEARS, MEMBER NO.3477. ALL ARE MEMBERS OF AMPARU AGRICULTURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD., - 36 - NC: 2025:KHC:4603 WP No. 35234 of 2024 A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. AMPARU, KUNDAPURA TALUK, UDUPI DISTRICT - 573 211. (THE PETITIONERS AGED ABOUT 60 YEARS DO NOT CALIM THE BENEFIT OF SENIOR CITIZEN) …PETITIONERS (BY SRI. RAKSHITH KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY. 3. AMPARU AGRICULTURAL CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, AMPARU, KUNDAPURA TALUK, UDUPI DISTRICT - 576 211. REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, AMPARU AGRICULTURAL CO-OPERATIVE SOCIETY LTD., AMPARU, KUNDAPURA TALUK, UDUPI DISTRICT - 576 211. …RESPONDENTS - 37 - NC: 2025:KHC:4603 WP No. 35234 of 2024 (BY SRI.SIDHARTH BABURAO., AGA FOR R-1; SRI.K.PRASANNA SHETTY., ADV FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE RESPONDENT NO. 3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 29.12.2024 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 Petitioners are seeking to direct respondents to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.3-Society, which was scheduled to be held on 29.12.2024. 2. This Court, by way of interim arrangement on 24.12.2024, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 29.12.2024 to the Board of Directors of respondent No.3-Society subject to the final outcome of this writ petition. - 38 - NC: 2025:KHC:4603 WP No. 35234 of 2024 3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. Rule 13-D of the KCS Rules, 1960 reads as under: “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co-operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. - 39 - NC: 2025:KHC:4603 WP No. 35234 of 2024 (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co- operative year as specified in the bye-laws for three consecutive co-operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an - 40 - NC: 2025:KHC:4603 WP No. 35234 of 2024 opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. - 41 - NC: 2025:KHC:4603 WP No. 35234 of 2024 (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the - 42 - NC: 2025:KHC:4603 WP No. 35234 of 2024 electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, - 43 - NC: 2025:KHC:4603 WP No. 35234 of 2024 and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co- operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co- operative society; or - 44 - NC: 2025:KHC:4603 WP No. 35234 of 2024 (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” - 45 - NC: 2025:KHC:4603 WP No. 35234 of 2024 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.3-Society and attended all the annual general body meetings whenever they have received notice from respondent No.3-Society, in spite of which respondent No.3-Society has dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.3- society. 6. The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the 1 ILR 2024 KAR 1901 - 46 - NC: 2025:KHC:4603 WP No. 35234 of 2024 following points for consideration at paragraph No.9, which reads as under: “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13-D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13- D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: - 47 - NC: 2025:KHC:4603 WP No. 35234 of 2024 “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co- Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is - 48 - NC: 2025:KHC:4603 WP No. 35234 of 2024 made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following: ORDER Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co- operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the - 49 - NC: 2025:KHC:4603 WP No. 35234 of 2024 election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, if raised.” 8. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, manAGED ABOUTment, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the - 50 - NC: 2025:KHC:4603 WP No. 35234 of 2024 society, its board or any officer, AGED ABOUTnt or employee of the society, or (c) between the society or its board and any past board, any officer, AGED ABOUTnt or employee, or any past officer, past AGED ABOUTnt or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased AGED ABOUTnt, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit AGED ABOUTncy. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, manAGED ABOUTment or the business of a co-operative society, namely.– - 51 - NC: 2025:KHC:4603 WP No. 35234 of 2024 (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); - 52 - NC: 2025:KHC:4603 WP No. 35234 of 2024 (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past AGED ABOUTnt or deceased AGED ABOUTnt or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, manAGED ABOUTment or the business of a co- operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its - 53 - NC: 2025:KHC:4603 WP No. 35234 of 2024 impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petition needs to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 29.12.2024 to the Board of Directors of respondent No.3-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 54 - NC: 2025:KHC:4603 WP No. 35234 of 2024 of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.3- Society. iv. All contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA KVR List No.: 1 Sl No.: 25