Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13333 WP No. 35275 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35275 OF 2024 (CS-EL/M)
BETWEEN:
1. NISHAR AHMED S/O ABDUL KHADER AGED ABOUT 50 YEARS MEMBER NUMBER. 5480
2. BALAKRISHNA S/O CHANANA GOWDA AGED ABOUT 47 YEARS MEMBER NUMBER. 5487
3. DAYANANDA K S/O MONTA POOJARI AGED ABOUT 45 YEARS, MEMBER NO. 5466
4. SANTHOSH S/O CHANANA GOWDA AGED ABOUT 36 YEARS, MEMBER NO. 5457
5. JAYANTHI W/O GOPALA AGED ABOUT 38 YEARS
6. WALTER S/O ALBERT AGED ABOUT 55 YEARS MEMBER NO . 5446
7. RAMA W/O VASANTH DEVADIGA AGED ABOUT 40 YEARS MEMBER NO. 5437
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13333 WP No. 35275 of 2024
8. VISHALAKSHA S/O VITTALA SHETTY AGED ABOUT 48 YEARS MEMBER NO. 5425
9. SOWMYALATHA W/O CHIKKAYYA BANGERA AGED ABOUT 52 YEARS MEMBER NO. 5422
10. PRAKASH PINTO S/O GABRIEL PINTO AGED ABOUT 49 YEARS MEMBER NO. 5380
11. KAVITHA W/ O NARAYANA NAIKA AGED ABOUT 30 YEARS MEMBER NO. 5378
12. LOKESH POOJARI S/ O SHIVA POOJARY AGED ABOUT 55 YEARS MEMBER NO. 5361
13. SABITHA BAPTIST W/ O PRAVEEN FERNANDES AGED ABOUT 45 YEARS MEMBER NO . 5352
14. PRAVEEN FERNANDES S/ O FRANCIS FERNANDIS AGED ABOUT 48 YEARS MEMBER NO. 5351
15. NABISA W/O ABDUL RAHIMAN AGED ABOUT 42 YEARS MEMBER NO. 5301
16. SIMBRAN S/ O ISUBU AGED ABOUT 52 YEARS MEMBER NO. 5288
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NC: 2025:KHC:13333 WP No. 35275 of 2024
17. SUMAYA W/ O ZAKARIA AGED ABOUT 48 YEARS, MEMBER NO. 5280
18. JANARDANA POOJARI S/O CHELUVAUYYA POOJARI AGED ABOUT 50 YEARS, MEMBER ID. 5270
19. NISHMITHA W/ O JANARDHANA POOJARI AGED ABOUT 44 YEARS, MEMBER NO . 5269
20. JULIANE MASCARENHAS W/ O MASCARENHAS JOSMI AGED ABOUT 62 YEARS, MEMBER NO. 1798
21. SUNDARA S/O KORAGAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO. 3289
22. BABU S/O KURUMBILA AGED ABOUT 68 YEARS, MEMBER NO. 1870
23. SHASHIKANTH KAMATH K S/O SANJEEVA KAMATH AGED ABOUT 65 YEARS MEMBER NO. 2080
24. SUNDARI W/O RAMANNA GOWDA AGED ABOUT 68 YEARS MEMBER NO. 4390
25. EVEGINE TAURO W/O BOUTHIS TAURO AGED ABOUT 55 YEARS MEMBER NO. 2140
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NC: 2025:KHC:13333 WP No. 35275 of 2024
26.
ADBUL RREHMAN U S/O AHMED BYARI AGED ABOUT 50 YEARS MEMBER NO. 2166
27. HERALD D SOUZA S/O GEORGE D SOUZA AGED ABOUT 70 YEARS MEMBER NO. 2225
28. VINCENT LOBO S/O HILARY LOBO AGED ABOUT 58 YEARS MEMBER NO. 2377
29. HASANABBA S/O ISUBU BYARI AGED ABOUT 59 YEARS MEMBER NO. 2431
30. HILARY D DOUZA S/O INAS D DOUZA AGED ABOUT 40 YEARS MEMBER NO. 2565
31. JOY SATHISH MASCARENHAS S/O MASCARENHAS AGED ABOUT 53 YEARS MEMBER NO. 2953
32. NANI POOJARI S/O UMMANNA POOJARI AGED ABOUT 75 YEARS MEMBER NO. 2963
33. EDWARD LOBO S/O JOKIM LOBO AGED ABOUT 60 YEARS MEMBER NO. 2989
34. MAHESH SHETTY V S/O VITTALA SHETTY AGED ABOUT 66 YEARS MEMBER NO. 3032
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NC: 2025:KHC:13333 WP No. 35275 of 2024
35. GEORGE MATHEW S/O MATHEW AGED ABOUT 65 YEARS MEMBER NO. 3396
36. MANOLINA SERAO W/O SANTANA SERAO AGED ABOUT 51 YEARS MEMBER NO. 3474
37. MOHAMMED HANEEF S/O IDINABBA MEMBER NO. 3487
38. DOOJA S/O SOMA AGED ABOUT 55 YEARS MEMBER NO. 3506
39. ADBUL KHALIK S/O ABDUL REHMAN U P AGED ABOUT 57 YEARS MEMBER NO. 3536
40. JAYASHANKAR S/O BOMMAYYA B AGED ABOUT 58 YEDARS MEMBER NO. 3544
41. PETER LOBO S/O JOKIM LOBO AGED ABOUT 62 YEARS MEMBER NO. 3540
42. MUSTAQ S/O ABDUL KHADER AGED ABOUT 53 YEARS MEMBER NO. 3643
43. VIMALA JAYASHANKAR W/O JAYASHANKAR AGED ABOUT 45 YEARS MEMBER NO. 3674
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44. KHALID U A S/O ABUBAKKAR AGED ABOUT 48 YEARS MEMBER NO. 3772
45. JULIANA RODRIGUES W/O SILVESTER RODRIGUES AGED ABOUT 65 YEARS MEMBER NO. 3757
46. KURIAN N C S/O JAKO NEELIYARA AGED ABOUT 70 YEARS MEMBER NO. 3782
47. KOOSAPPA GOWDA K S/O CHANANA GOWDA AGED ABOUT 45 YEARS MEMBER NO. 3793
48. PRASHANTH LASRADO S/O JOMAS LASRADO AGED ABOUT 57 YEARS MEMBER NO. 3826
49.
JOME KURIAN S/O KURIAN N C AGED ABOUT 48 YEARS MEMBER NO. 3828
50. JOYCE FERRIS BHAT W/O JEROME FERRISBAT AGED ABOUT 41 YEARS MEMBER NO. 3840
51. FRANCIS LASRADO S/O DOOJA LASRADO AGED ABOUT 69 YEASR MEMBER NO. 3845
52. ISUBU U A S/O ABBU BYARI AGED ABOUT 69 YEARS MEMBER NO. 3929
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NC: 2025:KHC:13333 WP No. 35275 of 2024
53. FLORINE MONIS W/O MARTIN GLORIUS AGED ABOUT 70 YEARS MEMBER NO. 3958
54. AVVAMMA W/O HAMEED AGED ABOUT 49 YEARS MEMBER NO. 3973
55. ZUBAIDA W./O ABBUSALI AGED ABOUT 37 YEARS MEMBER NO. 4105
56. ABBUSAALI S/O ABDUL REHMAN AGED ABOUT 52 YEARS MEMBER NO. 4110
57. SHOBA W/O VITTALA GOWDA AGED ABOUT 73 YEARS MEMBER NO. 4155
58. JACINTHA W/O HENRY D SOUZA AGED ABOUT 36 YEARS MEMBER NO. 4163
59. AMINAMMA W/O IBRAHIM AGED ABOUT 49 YEARS MEMBER NO. 4199
60. ROSLI JEORGE W/O JEORGE MEHATO AGED ABOUT 35 YEARS MEMBER NO. 4200
61. HARISH KUMAR S/O RAMAPPA POOJARI AGED ABOUT 36 YEARS MEMBER NO. 4212
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62. MOHAMMED RAFIQ S/O IDINABBA AGED ABOUT 49 YEARS MEMBER NO. 4213
63. HANEEF U H S/O MOHAMMED U AGED ABOUT 35 YEARS MEMBER NO. 4227
64. NAFISA W/O HANEEF U H AGED ABOUT 32 YEARS MEMBER NO. 4228
65. SAHUL HAMMED S/O MOHAMMED AGED ABOUT 51 YEARS MEMBER NO. 4257
66. JAINBAI W/O ABDUL SUKOOR AGED ABOUT 48 YEARS MEMBER NO. 4639
67. RAMESH S S/O DOOJA AGED ABOUT 38 YEARS MEMBER NO. 4666
68. STANY D SOUZA S/O HERALD D SOUZA AGED ABOUT 48 YEARS MEMBER NO. 4710
69. NOORUNISSA W/O MOHAMMED AZEEZ AGED ABOUT 68 YEARS MEMBER NO. 4848
70. GANESH S/O KORAGAPPA AGED ABOUT 52 YEARS MEMBER NO. 4855
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NC: 2025:KHC:13333 WP No. 35275 of 2024
71. JOSEPH FRANCIS S/O FRANCIS AGED ABOUT 30 YEARS MEMBER NO. 4887
72.
ABOOBAKKAR S/O SHEKABBA AGED ABOUT 54 YEARS MEMBER NO.4902
73. JAYANTHI W/O YUVARAJ POOJARI AGED ABOUT 58 YEARS MEMBER NO. 4914
74. HUSSAINAR S/O IBRAHIM AGED ABOUT 60 YEARS MEMBER NO. 4935
75. MARTIAL PINTO S/O LAWRENCE PINTO AGED ABOUT 38 YEAS MEMBER NO. 4957
76. ABOOBAKKAR U H S/O AMMABBA AGED ABOUT 56 YEARS MEMBER NUMBER. 4989
77. KAMALA D/O KARIBU AGED ABOUT 55 YEARS MEMBER NUMBER. 5005
78. AMEENA W/O U H SULAIMAN AGED ABOUT 49 YEARS MEMBER NUMBER. 5020
79. ABDUL HAMZA S/O ABDUL RAZZAK AGED ABOUT 66 YEARS MEMBER NUMBER. 5026
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NC: 2025:KHC:13333 WP No. 35275 of 2024
80. ASHRAF S/O ADAM BYARI AGED ABOUT 48 YEARS MEMBER NUMBER. 5038
81. VALERIAN PINTO S/O BONA PINTO AGED ABOUT 48 YEARS MEMBER NUMBER. 5110
82. MUNEER S/O MOHAMMED IQBAL AGED ABOUT 55 YEARS MEMBER NUMBER. 5130
83. JOVITA JASMIN MORAS W/O TERRANCE JASMIN MORAS AGED ABOUT 46 YEARS MEMBER NUMBER. 5155
84. JOHN SERRAO S/O FELIX SERRAO AGED ABOUT 52 YEARS MEMBER NUMBER. 5175
85. VIOLET D SOUZA W/O VALERIAN D SOUZA AGED ABOUT 62 YEARS MEMBER NUMBER. 4261
86. ALICE RODRIGUES W/O SALVADOR SEQUERIA AGED ABOUT 55 YEARS MEMBER NUMBER. 4320
87. AKBAR ALI S/O AHMED BYARI AGED ABOUT 45 YEARS MEMBER NUMBER. 4322
88. SUNDARI W/O RAMMA GOWDA AGED ABOUT 55 YEARS MEMBER NUMBER. 4390
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NC: 2025:KHC:13333 WP No. 35275 of 2024
89. HARSHINI W/O NEMA POOJARI AGED ABOUT 50 YEARS MEMBER NUMBER. 4395
90. IDRIS K H S/O HASSAIN AGED ABOUT 42 YEARS MEMBER NUMBER. 4417
91. SURESH K S/O SHIVANNA POOJARI AGED ABOUT 59 YEARS MEMBER NUMBER. 4427
92. KESARI S/O SURESH DEVADIGA AGED ABOUT 32 YEARS MEMBER NUMBER. 4529
93. PRABHAKAR NAIKA S/O DHARNAPPA NAIKA AGED ABOUT 50 YEARS MEMBER NUMBER. 4570
94. BHIPATMA W/O ISMAIL AGED ABOUT 52 YEARS MEMBER NUMBER. 4613
95. KANTAPPA S/O KARIYA AGED ABOUT 68 YEARS MEMBER NUMBER. 4619
96.
VASANTHI W/O ANNU MUGERA AGED ABOUT 58 YEARS MEMBER NUMBER. 5177
97. AVIL LOBO S/O AMBROZ LOBO AGED ABOUT 45 YEARS MEMBER NUMBER. 5089
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98. RAZIYA W/O ISUBU AGED ABOUT 60 YEARS MEMBER NUMBER. 2166
99. MATHEW VARGHESE S/O VARGHESE AGED ABOUT 68 YEARS MEMBER NUMBER. 5369
ALL ARE MEMBERS OF UJIRE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. UJIRE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574240
…PETITIONERS (BY SRI. RAKSHITH KUMAR.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. UJIRE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, UJIRE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574240 REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, UJIRE PRIMARY AGRICULTURAL CREDIT
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NC: 2025:KHC:13333 WP No. 35275 of 2024
CO-OPERATIVE SOCIETY LTD, UJIRE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574240
…RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1 & R4;
SRI. PRASAD. K.S., ADVOCATE FOR R3;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. DEVI PRASAD SHETTY., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 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 R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON
27.12.2024. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.
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2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.
3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.
4. In that view of the matter, I pass the following:
ORDER i. The Writ Petition is disposed of.
1 W.P.No.8502/2022 dated 7.6.2022
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ii. The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter. iii. In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for
consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv. The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 44