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2025 DAILYLAW 37221 (KAR)

SMT PARVATHI v. STATE OF KARNATAKA

WP/35859/2024 · 2025-03-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:11646 WP No. 35859 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35859 OF 2024 (CS-EL/M) BETWEEN: 1. SMT. PARVATHI W/O CHANNAYYA, AGED ABOUT 64 YEARS, SHARE NO.00001001946 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED). 2. SRI. SRIHARSHA K R S/O K. RAMAMURTHY, AGED ABOUT 57 YEARS, SHARE NO.00001000968 PETITIONER NO.1 & 2 ARE R/AT KONDIBAILU, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. 3. SRI. S. G. RAMESH S/O GANESHAIAH, AGED ABOUT 65 YEARS, R/AT SAMPIGEMANE, BELAVINAKODIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. SHARE NO.00001001069 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED). 4. SRI. NARAYANA M R S/O RAMACHAR, AGED ABOUT 54 YEARS, SHARE NO.00001001899 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11646 WP No. 35859 of 2024 5. SRI. CHANDRASHEKHARA B T S/O THIMMAPPAIAH B, AGED ABOUT 74 YEARS, SHARE NO.00001001501 (BENEFIT OF SENIOR CITIZEN NOT CLIAMED). 6. SRI. GIRISHA B N S/O NAGABHUSHAN RAO, AGED ABOUT 44 YEARS, SHARE N. 00001001786 PETITIONER NO.4 TO 6 ARE R/AT BELAVINAKODIGE VILLAGE AND POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. 7. SMT. KALAVATHI W/O CHANDRU HOSAHALLI, AGED ABOUT 39 YEARS, SHARE NO. 00001001781 8. SRI. JAYANTHA H P S/O PUTTACHARI, AGED ABOUT 53 YEARS, SHARE NO.00001001451 PETITIONER NO.7 & 8 ARE R/AT HOSAHALLI, BELAVINAKODIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. 9. SMT. PREMA B S W/O PRASANNA H M AGED ABOUT 42 YEARS, SHARE NO.00001001930 10. SRI. PARAMESHWARA S/O GOVINDA PUJARI, AGED ABOUT 62 YEARS, (BENEFIT OF SENIOR CITIZEN NOT CLAIMED), - 3 - NC: 2025:KHC:11646 WP No. 35859 of 2024 11. SMT. SHAKUNTHALA W/O PARAMESHWARA, AGED ABOUT 40 YEARS, SHARE NO.00001001692 12. SRI. CHANDRASHEKAR B J S/O JANNA POOJARI, AGED ABOUT 51 YEARS, SHARE NO.00001001625 PETITIONER NO.9 TO 12 ARE R/AT GANAPATHI KATTE, BELAVINAKODIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. 13. SMT. SRI GOWRI W/O SINGAPPA, AGED ABOUT 44 YEARS, R/AT HURALI HAKLU, BELAVINAKODIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. SHARE NO. 00001001937 14. SRI. BHARATH H R S/O RAMESH PUJARI, AGED ABOUT 32 YEARS, SHARE NO. 00001001429 15. SRI. MRUTHUNJAYA U R S/O LATE U V RAM RAO, AGED ABOUT 59 YEARS, SHARE NO. 0000100950 16. SRI. H. R. PRAKASH S/O RAMAPPA POOJARI, AGED ABOUT 45 YEARS, SHARE NO. 00001001429 PETITIONER NO.14 TO 16 ARE R/AT HALLIMANE, BHUVANAKOTE, UTTAMESHWARA POST, - 4 - NC: 2025:KHC:11646 WP No. 35859 of 2024 KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. 17. SRI. RAJESH U M S/O MANJESH, AGED ABOUT 36 YEARS, SHARE NO.00001000887 18. SRI. ASHOKA U H S/O HARISHA U A, AGED ABOUT 40 YEARS, SHARE NO.00001001811 19. SRI. RATHNAKARA U A S/O ANANDA SEREGARA, AGED ABOUT 50 YEARS, SHARE NO.00001001810 20. SRI. S S VIJAY S/O SHIVANNA, AGED ABOUT 51 YEARS, SHARE NO.00001001435 21. SRI. SUDHAKARA S/O SOMAPPA POOJARI, AGED ABOUT 45 YEARS, SHARE NO.00001001809 PETITIONER NO.17 TO 21 ARE R/AT UTTAMESHWARA, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 126. 22. SRI. B. V. RAVINDRA S/O B VENKATAKRISHNAIAH, AGED ABOUT 55 YEARS, R/AT BHUVANAKOTE, BELAVINAKODIGE POST, KOPPA TALUK CHIKKAMAGALURU DISTRICT - 577 126. SHARE NO. 00001001497 - 5 - NC: 2025:KHC:11646 WP No. 35859 of 2024 23. SRI. H V SRINIVASAMURTHY S/O VISHWANATH BHAT H, AGED ABOUT 78 YEARS, R/AT HOLASHE KOPPA, BELAVINAKODIGE POST, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577126 SHARE NO. 0000100456 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED). 24. SRI. MANJUNATHA V S S/O SREEKANTA BHATTA V, AGED ABOUT 62 YEARS, SHARE NO.00001000987 BENEFIT OF SENIOR CITIZEN NOT CLAIMED. 25. SRI. SUBRAMANYA H V S/O VISHWANATHA BHATTA V, AGED ABOUT 62 YEARS, SHARE NO.00001000959 BENEFIT OF SENIOR CITIZEN NOT CLAIMED PETITIONER NO.24 & 25 ARE R/AT HUNASEKOPPA, BELAVINAKODIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126. 26. SRI. SATYAVATHI B S W/O B C SRINIVASAMURTHY, AGED ABOUT 71 YEARS, SHARE NO.00001001942 BENEFIT OF SENIOR CITIZEN NOT CLAIMED. 27. SRI. IRFAN S/O USMMAN, AGED ABOUT 41 YEARS, SHARE NO.00001001817 PETITIONER NO.26 & 27 ARE R/AT BAGGUNJI, - 6 - NC: 2025:KHC:11646 WP No. 35859 of 2024 UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 28. SMT. LAKSHMIDEVI J S W/O K S KUMARA, AGED ABOUT 58 YEARS, R/AT MUTTURA, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO.00001001671 29. SRI. M V MOHAN RAO S/O VENKATARAMANAIAH, AGED ABOUT 64 YEARS, R/AT SOUTHEHALLI, BELAVINAKODIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126. SHARE NO.00001001507 BENEFIR OF SENIOR CITIZEN NOT CLAIMED. 30. SRI. KRISHNA MURTHY K V S/O VENKATAGIRIYAPPA, AGED ABOUT 71 YEARS, R/AT CHEPUGODU,. UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO.00001000653 BENEFIT OF SENIOR CITIZEN NOT CLAIMED. 31. SRI. NAGESH V S S/O SHREEKANTAIAH V B, AGED ABOUT 68 YEARS, R/AT MUTTUGODU, BHUVANAKOTE, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577126 - 7 - NC: 2025:KHC:11646 WP No. 35859 of 2024 SHARE NO.00001000718 BENEFIT OF SENIOR CITIZEN NOT CLAIMED. 32. SRI. V S VISHVESHWARA S/O V SHIVASWAMI RAO, AGED ABOUT 70 YEARS, R/AT NIDADALLI, BHUVANAKOTE, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO.00001000689 BENEFIT OF SENIOR CITIZEN NOT CLAIMED. 33. SRI. H L DINESH S/O LAKSHMINARAYANA BHAT, AGED ABOUT 59 YEARS, R/AT HALASEGODU, BHUVANAKOTE, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO.00001000954 34. SRI. ASHOK S/O RAMACHANDRA ACHARY, AGED ABOUT 53 YEARS, R/AT SINGANURU HADSE, LOKANATHAPURA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577123. SHARE NO.00001001267 35. SRI. PRASANNA S/O MUDDACHARI, AGED ABOUT 49 YEARSM R/AT SINGANURU HADSE, LOKANATHAPURA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577123 SHARE NO.00001001267 - 8 - NC: 2025:KHC:11646 WP No. 35859 of 2024 36. SRI. PRADEEPA S/O T K NARAYANA POOJARY, AGED ABOUT 50 YEARS, R/AT TENGINAMANE, KARIMANE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO.00001001254 37. SRI. YOGENDRA S A S/O APPU SEREGARA, AGED ABOUT 41 YEARS, R/AT SALAMARA, BHUYANAKOTE, UTTAMESHWARA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO. 00001001800 38. SRI. PREM G S/O GOPALA GOWDA, AGED ABOUT 29 YEARS, R/AT B G KATTE, BELEGOLA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126 SHARE NO.00001001928 39. SRI. K. NAVEENA S/O K M KRISHNAMURTHY, AGED ABOUT 37 YEARS, R/AT KELA HADSE, LOKANATHAPURA POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 123. SHARE NO.00001001894 …PETITIONERS (BY SRI. VIJAYA KUMAR K.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, - 9 - NC: 2025:KHC:11646 WP No. 35859 of 2024 DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, K.H.B ROAD, SHANTINAGAR, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 123. REPRESENTED BY ITS DISTRICT ELECTION OFFICER. 4. THE RETURNING OFFICER PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, THENGINAMANE, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 123. 5. PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA THENGINAMANE, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 123. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; R5 - PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R2 TO 4 TO INCLUDE THE NAMES OF THE - 10 - NC: 2025:KHC:11646 WP No. 35859 of 2024 PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R5 SOCIETY AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 05/01/2025. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 votes 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 a separate ballot boxes. 2. A Co-ordinate 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 1 W.P.No.8502/2022 dated 7.6.2022 - 11 - NC: 2025:KHC:11646 WP No. 35859 of 2024 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. ii) The Returning Officer in the above matter 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. - 12 - NC: 2025:KHC:11646 WP No. 35859 of 2024 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 a 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 NG List No.: 1 Sl No.: 55 CT:SK