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2025 DAILYLAW 37160 (KAR)

NISHAR AHMED v. THE STATE OF KARNATAKA

WP/35275/2024 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - NC: 2025:KHC:13333 WP No. 35275 of 2024 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 - 7 - 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 - 8 - NC: 2025:KHC:13333 WP No. 35275 of 2024 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - NC: 2025:KHC:13333 WP No. 35275 of 2024 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 - 13 - 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. - 14 - NC: 2025:KHC:13333 WP No. 35275 of 2024 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 - 15 - NC: 2025:KHC:13333 WP No. 35275 of 2024 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