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High Court of Karnataka · body

2025 DAILYLAW 37226 (KAR)

CHANDRA SHEKAR RAO H S v. THE STATE OF KARNATAKA

WP/35972/2024 · 2025-01-23

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2884 WP No. 35972 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35972 OF 2024 (CS-EL/M) BETWEEN: 1. CHANDRA SHEKAR RAO H S S/O SUBBA RAO AGED ABOUT 65 YEARS SHARE NO.00001000001 2. SEETHARAM BHAT H Y S/O SHANKARA NARAYAN BHAT AGED ABOUT 70 YEARS SHARE NO.00001000003 3. SEETHAMMA W/O KRISHNAPPA GOWDA K AGED ABOUT 65 YEARS SHARE NO.00001000010 4. CHANDRASHEKAR S K S/O KRISHNAYYA AGED ABOUT 64 YEARS SHARE NO.00001000017 5. YALAPPA GOWDA K S S/O SIDDANNA GOWDA K AGED ABOUT 72 YEARS SHARE NO.00001000019 6. KRISHNAPPA GOWDA H S/O ANNAPPA GOWDA AGED ABOUT 60 YEARS SHARE NO.00001000023 7. PARAMESHWARA BHAT S/O ANANTHA BHAT K AGED ABOUT 60 YEARS SHARE NO.00001000024 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2884 WP No. 35972 of 2024 8. THIRUMALA BHAT K S S/O SEETHARAMA BHAT AGED ABOUT 58 YEARS SHARE NO.00001000032 9. VENKATESH S/O THAMMAYYA GOWDA AGED ABOUT 58 YEARS SHARE NO.00001000034 10. SAROJAMMA W/O SUBBANNA GOWDA AGED ABOUT 65 YEARS SHARE NO.0000100000042 11. PUTTAPPA K C S/O CHUDANA GOWDA AGED 60 YEARS SHARE NO.0000100050 12. SIDDAPA NAIK A C S/O CHENNAPPA NAIKA AGED ABOUT 59 YEARS SHARE NO.00001000052 13. RAVEENDRA V D S/O DHARME GOWDA AGEDA BOUT 62 YEARS SHARE NO.000010000053 14. VENAKTESH A G S/O GUNDE NAIKA AGED ABOUT 60 YEARS SHARE NO.0000100000054 15. DHARMAPPA S A S/O APPANNA NAIKA AGED ABOUT 60 YEARS SHARE NO.00001000056 16. JAGADEESH K S S/O SIDDANNA GOWDA K T AGED ABOUT 58 YEARS SHARE NO.000010000 - 3 - NC: 2025:KHC:2884 WP No. 35972 of 2024 17. PURUSHOTHAM M K S/OKADAPA GOWDA AGED ABOUT 56 YEARS SHARE NO.00001000063 18. GOPAL KRISHNA H M S/O MANJAPPAYYA AGED ABOUT 60 YEARS SHARE NO.00001000065 19. SRINIVAS K T S/O THAMMAYYA GOWDA K AGED ABOUT 62 YEARS SHARE NO.00001000075 20. GURUPRASAD S K S/O KOLLURAYYA AGED ABOUT 58 YEARS SHARE NO.00001000076 21. VENAKETSHK C S/O CHANNANNA GOWDA AGED ABOUT 62 YEARS SHARE NO.0000100078 22. RATHNAMMA W/O KRISHNAPPA NAIKA C AGEDABOUT 64 YEARS SHARE NO.00001000079 23. KAMALAMMA W/O SIDDANAN GOWDA AGED ABOUT 70 YEARS SHARE NO.0000100082 24. PUTTAPPA GOWDA H D S/O DHARMANNA GOWDA AGED BOUT 64 YEARS SHARE NO.0000100084 25. KRISHNAMURTHY K H S/O HIRIYANNAYYA K AGED ABOUT 59 YEARS SHARE NO.00001000099 - 4 - NC: 2025:KHC:2884 WP No. 35972 of 2024 26. PUTTAPPA GOWDA H R S/O RAMANNA GOWDA AGED ABOUT 65 YEARS SHARE NO.00001000105 27. MOHAMAD AMEER B K S/O KAHADER SAHEB AGED ABOUT 60 YEARS SHARE NO.00001000107 28. MOHAMMED YUNIS B E S/O MOHAMMED IBRAHIM AGED ABOUT 62 YEARS SHARE NO.00001000108 29. NAGARAJ K V S/O VENKATESHAYYA K AGED ABOUT 62 YEARS SHARE NO.00001000109 30. RATHNAKAR M R S/O RAMAPPA GOWDA M P AGED ABOUT 61 YEARS SHARE NO.00001000113 31. SHESHAPPA GOWDA B D S/O DUGGANNA GOWDA AGEDA BOUT 72 YEARS SHARE NO.00001000115 32. SUBRAMANYA K H S/O HUVAPAP GOWDA K AGED ABOUT 56 YEARS SHARE NO.00001000118 33. YOGAPPA H S S/O SHESHAPPA GOWDA AGED ABOUT 64 YEARS SHARE NO.00001000120 34. KRISHNA SWAMY S C S/O CHANDRASEHKAR S C AGED ABOUT 59 YEARS SHARE NO.00001000128 - 5 - NC: 2025:KHC:2884 WP No. 35972 of 2024 35. NATESH D C S/O CHADNRASEHKAR BHAT AGED ABOUT 58 YEARS SHARE NO.00001000131 36. RAVINDRA K T S/O THAMMAYYA GOWDA AGED ABOUT 68 YEARS SHARE NO.00001000132 37. SHOBHA K W/O KRISHNA K S AGED ABOUT 54 YEARS SHARE NO.00001000138 38. PREMA W/O RAMESHA AGED ABOUT 55 YEARS SHARE NO.00001000142 39. PREMA G P W/O SUDHAKAR PATIL AGED ABOUT 54 YEARS SHARE NO.00001000147 40. SHINGAPPA NAIKA S M S/O MARIYAPPA NAIK AGED ABOUT 68 YEARS SHARE NO.00001000151 41. SHARADAMMA S V W/O VASAPPA NAIKA AGED ABOUT 65 YEARS SHARE NO.00001000154 42. HARISH J R S/O RAME GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000155 43. VASAPPA K S/O KRISHNAYAYA GOWDA AGED AOBUT 55 YEARS SHARE NO.00001000161 - 6 - NC: 2025:KHC:2884 WP No. 35972 of 2024 44. RAMESH M S S/O SIDDAPAP GOWDA AGED ABOUT 65 YEARS SHARE NO.00001000162 45. SHARADA K L W/O JAYANATHA NAIK M G AGED ABOUT 55YEARS SHARE NO.00001000167 46. RAVINDRA S S S/O SHANKRAPAP NAIKA AGED ABOUT 60 YEARS SHARE NO.00001000168 47. SUNITHA S S W/O NANDANA M S AGED ABOUT 45 YEARS SHARE NO.00001000169 48. SRIDHAR JOIS K S S/O SUBBA JOIS AGEDABOUT 65 YEARS SHARE NO.00001000172 49. BALAPPA G D S/O DUGGANNA GOWDA AGEDA BOUT 60 YEARS SHARE NO.00001000173 50. RATNAKAR S/O SIDDANNA GOWDA AGED ABOUT 44 YEARS SHARE NO.00001000174 51. MALLIKA S JOIS W/O SHRIDHAR JOIS AGED ABOUT 54 YEARS SHARE NO.00001000175 52. RATHNAKAR M S S/O SHESHAPPA AGED ABOUT 61 YEARS SHARE NO.00001000178 - 7 - NC: 2025:KHC:2884 WP No. 35972 of 2024 53. SHARADAMMA M S W/O CHANDRAPPA K R AGED ABOUT 66 YEARS SHARE NO.00001000181 54. SHASHIDHAR K V S/O VIGNESHWAR BHAT AGEDA BOUT 48 YEARS SHARE NO.00001000183 55. SHARADAMMA A S W/O SHESHAPPA NAIK AGED ABOUT 70 YEARS SHARE NO.00001000187 56. DHANANJAYA S S S/O SEENAPPA NAIKA AGED ABOUT 59 YEARS SHARE NO.00001000199 57. R SUKESH A K S/O KRISHNAPPA GOWDA AGED ABOUT 46 YEARS SHARE NO.00001000200 58. SUDHEER A K S/O KRISHNAPAP GOWDA AGED ABOUT 44 YEARS SHARE NO.00001000202 59. KRISHNAMURTHY M S S/O MARIYAPPA NAIKA AGED ABOUT 62 YEARS SHARE NO.00001000210 60. LASKMI DEVI H H W/O NAGAPPA A P SHARE NO.00001000213 61. KRISHNAPPA GOWDA J A S/O ANNAPPA GOWDA AGED ABOUT 64 YEARS SHARE NO.00001000222 - 8 - NC: 2025:KHC:2884 WP No. 35972 of 2024 62. BHAGYALAKSHMI W/O NAGHABHUSHANA AGED ABOUT 65 YEARS SHARE NO.00001000223 63. GIRISHA S/O BOMMAYYA GOWDA AGED ABOUT 43 YEARS SHARE NO.00001000227 64. JAYAMMA W/O SRINIVAS GOWDA E T AGED ABOUT 64 YEARS SHARE NO.00001000228 65. SHANTHAMMA W/O KRISHNAPPA GOWDA AGED ABOUT 63 YEARS SHARE NO.00001000237 66. SRINIVAS NAIK K N S/O NAGAPPA NAIKA AGED ABOUT 75 YEARS SHARE NO.00001000240 67. MANJUNATHA C G S/O GOPAL GOWDA AGED ABOUT 70 YEARS SHARE NO.00001000250 68. SUBBENAIKA C S S/O SHANTHAPPA NAIKA AGED ABOUT 75 YEARS SHARE NO.00001000260 69. AMIR JOHN SAB B M S/O BHASHA SAB AGED ABOUT 60 YEARS SHARE NO.00001000281 70. SRINIVAS K G S/O GIRIYAPPA GOWDA K AGED ABOUT 58 YEARS SHARE NO.00001000289 - 9 - NC: 2025:KHC:2884 WP No. 35972 of 2024 71. VENKATEDSH E T S/O THAMMAYYA GOWDA AGED ABOUT 60 YEARS SHARE NO.00001000294 72. VENAKTESH S/O KRISHNAPPA AGED ABOUT 60 YEARS SHARE NO.00001000295 73. USHA W/O SUDHAKAR SHETTY AGED ABOUT 50 YEARS SHARE NO.00001000296 74. HUVANNA K S S/O SHIVAPPA GOWDA AGED BOUT 60 YEARS SHARE NO.00001000326 75. KRISHNAMURTHY K T S/O THAMMAYYA GOWDA AGED ABOUT 68 YEARS SHARE NO.00001000329 76. PRASANNA K H S/O HALAPPA AGED ABOUT 42 YEARS SHARE NO.00001000330 77. RAJASHEKAR H S S/O SHESHEGOWDA AGED ABOUT 58 YEARS SHARE NO.00001000341 78. SHAKARA NARAYAN S K S/O KUMARAYYA S AGED ABOUT 56 YEARS SHARE NO.00001000349 79. BHASKAR K S/O DUGGAPPA GOWDA AGED ABOUT 55 YEARS SHARE NO.00001000365 - 10 - NC: 2025:KHC:2884 WP No. 35972 of 2024 80. CHINNAPPA J R S/O RAMANNA GOWDA AGED ABOUT 60 YEARS SHARE NO.00001000371 81. NATESHA T C S/O CHIKRANAIKA AGED ABOUT 52 YEARS SHARE NO.000001000372 82. ASHOKA K C S/O CHINNE GOWDA AGED ABOUT 52 YEARS SHARE NO.00001000373 83. KRISHNA HANDA K M S/O MEENAPPA HANDA AGED ABOUT 70 YEARS SHARE NO.00001000374 84. VANAJAKSHI H A W/O KALASAYYA GOWDA AGEDA BOUT 59 YERARS SHARE NO.00001000374 85. RAJEEV H P S/O PUTTAPAP GOWDA H D SHARE NO.00001000382 86. SRINIVASA M T S/O THAMMAYYA NAIKA AGED ABOUT 53 YEARS SHARE NO.00001000399 87. GURUMURTHY M K S/O KALASAPPA NAIK AGEDABOUT 62 YEARS SHARE NO.00001000400 88. RAMESHA M K S/O KASALASAPPA NAIK AGEDA BOUT 58 YEARS SHARE NO.0000100401 - 11 - NC: 2025:KHC:2884 WP No. 35972 of 2024 89. SRIKANTA D K S/O KADAPPA GOWDA AGED ABOUT 59 YEARS SHARE NO.00001000415 90. E T HIRIYANNA S/O THIMME GOWDA AGED ABOUT 65 YEARS SHARE NO.00001000430 91. ANNAPOORNA Y S W/O PREMKUMAR AGED ABOUT 48 YEARS SHARE NO.00001000438 92. NARAYANA SWAMY S P S/O BALAPPA NAIK AGED ABOUT 62 YEARS SHARE NO.00001000441 93. SREEMURTHY M S S/O SHANKRAPPA M C AGED ABOUT 45 YEARS SHARE NO.00001000445 94. UPENDRA S/O GIDDE NAIKA AGED ABOUT 60YERASRT SHARE NO.00001000446 95. SUDHEER K G S/O GANESH BHAT H AGED ABOUT 56 YEARS SHARE NO.00001000448 96. VENAKETSH H C S/O CHINNEGOWDA AGEDA BOUT 59 YEARS SHARE NO.00001000544 97. JAGADEESH T N W/O NAGARAJ RAO AGED ABOUT 63 YEARS SHARE NO.00001000451 - 12 - NC: 2025:KHC:2884 WP No. 35972 of 2024 98. NASEER AHAMAD S/O AMEER KHAN AGED ABOUT 54 YEARS SHARE NO.00001000454 99. KALAVATHI K O W/O CHINNE GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000561 100. MANJAPPA GOWDA K R S/O RAMANNA GOWDA AGED ABOUT 65 YEARS SHARE NO.00001000462 101. RAMAPPA GOWDA K C S/O CHINNANNA GOWDA SHARE NO.00001000470 102. SHATNHA K R W/O RAMAPPA GOWDA M K C AGED ABOUT 55 YEARS SHARE NO.00001000471 103. RAGHAVENDRA V C S/O CHANDRAPPAB GOWDA AGED ABOUT 44 YEARS SHARE NO.00001000483 104. RATHNAMMA H E W/O SEENAPPA NAIKA AGED ABOUT 61 YEARS SHARE NO.00001000490 105. MAHESH H S S/O SHANAKRAPAP GOWDA AGED ABOUT 55 YEARS SHARE NO.00001000494 106. PUTTAPPA H T S/O THIMMENAIK AGED ABOUT 62 YEARS SHARE NO. 00001000497 - 13 - NC: 2025:KHC:2884 WP No. 35972 of 2024 107. RAGHUNATHA HEGDE S/O VENKATAPPA HEGDE AGED ABOUT 60 YEARS SHARE NO. 00001000507 108. RAMA N ANDANA M S S/O SRINIVASA A AGED ABOUT 46 YEARS SHARE NO. 00001000536 109. SHANKAR B P S/O PRABHAKRA B S AGED BOUT 59 YEARS SHARE NO.00001000487 110. POORNESH S K S/O KRISHNA NAIK AGED ABOUT 58 YEARS SHARE NO.00001000590 111. KRISHNAMURTHY J T S/O THAMMAYYA GOWDA AGED ABOUT 60 YEARS SHARE NO.00001000592 112. SURENDRA K B S/O BALANNA AGED ABOUT 62 YEARS SHARE NO.00001000596 113. HARISH S K S/O KRISHNA NAIK AGED ABOUT 40YEARS SHARE NO.00001000597 114. ANNAPOORNA W/O SRINIVAS H D AGED ABOUT 45 YEARS SHARE NO.00001000652 115. SANDEEPA G M S/O MAHABALESH BHAT AGED ABOUT 58 YEARS SHARE NO.00001000655 - 14 - NC: 2025:KHC:2884 WP No. 35972 of 2024 116. NAGARATHNA S M W/O LOKESH P AGED ABOUT 54 YEARS SHARE NO.00001000674 117. SAYAD MAMTHAJ S/O AMEER JHON AGED ABOUT 65 YEARS SHARE NO.00001000690 118. YOGENDRAKUMAR H R S/O RUDRAPPA AGED ABOUT 49 YEARS SHARE NO.00001000727 119. APPI K B S/O BOMMAYYA AGED ABOUT 55 YEARS SHARE NO.00001000736 120. DASAPPA S/O SHESHANNA AGED ABOUT 62 YEARS SHARE NO.00001000737 121. RAMACHANDRA H V S/O VENKATASWAMI AGED ABOUT 63 YEARS SHARE NO.00001000739 122. MANJUNATHA H D S/O DHARMAYYA AGED ABOUT 60 YEARS SHARE NO.00001000536 123. LINGAPPA H D S/O DHARMAYYA AGED ABOUT 62 YEARS SHARE NO.00001000754 124. NAGAPPA S S/O SUBBANNA AGED ABOUT 68 YEARS SHARE NO.00001000755 - 15 - NC: 2025:KHC:2884 WP No. 35972 of 2024 125. CHADNRASHEKARA S/O DHARMAYYA AGED ABOUT 62 YEARS SHARE NO.00001000756 126. SRINIVAS H S S/O SIDDANNA AGED ABOUT 62 YEARS SHARE NO.00001000758 127. SHAMANNA B R S/O RAJAPAP GOWDA AGED ABOUT 60 YEARS SHARE NO.00001000879 128. ITHU HANDA S/O KALU HANDA AGED ABOUT 65 YEARS SHARE NO.00001000944 129. NAGAPPA H S S/O SHESHANNA AGED BOUT 62 YEARS SHARE NO.00001000949 130. SIDDAPPA H C S/O CHINNA GOWDA AGED BOUT 64 YEARS SHARE NO.00001000981 131. VASUPALA K S S/O SHEKARAPPA GOWDA AGED ABOUT 55 YEARS SHARE NO.00001001038 (PETITIONERS NO.01 AND 131 ARE MEMBERS PERTAINING TO AGRICULTURE IN BORROWER’S CONSTITUENCY) 132. SUNITHA D S/O DEVAPPA K C AGED ABOUT 46 YEARS SHARE NO.00001000256 133. GOPALA KRISHNA B T S/O THAMMAYYA NAIK - 16 - NC: 2025:KHC:2884 WP No. 35972 of 2024 AGED ABOUT 58 YEARS SHARE NO.00001000339 134. VISHWANATHA B C S/O CHANDRU AGED ABOUT 56 YEARS SHARE NO.00001000550 135. VIDYA SHALINI W/O GIRISH AGED ABOUT 62 YEARS SHARE NO.00001001132 (PETITIONERS NO.132 TO 135 ARE MEMBERS PERTAINING TO OTHER BORROWER’S IN BORROWER’S CONSTITUENCY) 136. SHARATH E V S/O VENAKTSH K AGED ABOUT 36 YEARS SHARE NO.00001000192 137. NARAYANA K E S/O ESHWAR MALYA AGED ABOUT 58 YEARS SHARE NO.00001001175 138. SANDESHA K H S/O HALAPAPK S AGED ABOUT 44 YEARS SHARE NO.00001001178 139. YOGESH NAIKA B D S/O DUGGAPPA NAIKA AGED ABOUT 62 YEARS SHARE NO.00001001179 140. RAMESH E G S/O GOAPALA GOWDA AGED ABOUT 56 YEARS SHARE NO.00001001182 141. SATISH H H S/O HAPALL GOWDA AGED ABOUT 52 YEARS - 17 - NC: 2025:KHC:2884 WP No. 35972 of 2024 SHARE NO.00001001189 142. PRAKASH A C S/O CHINNE GOWDA AGED ABOUT 46 YEARS SHARE NO.00001001190 143. MANJUNATHA V T S/O THAMME GOWDA AGED ABOUT 58 YEARS SHARE NO.00001001194 144. RAJALASKHMI W/O KESJAMURTHY K R AGED ABOUT 65 YEARS SHARE NO.00001001196 145. VIDYA A D W/O POONERSH K K AGED ABOUT 42 YARS SHARE NO.00001001208 146. SANDEEP B R S/O RUDRANNA GOWDA AGED BOUT 46 YEARS SHARE NO. 00001001210 147. NAGARATHNA M K S/O KRISHNAMURTHY AGED ABOUT 52 YEAR SHARE NO. 00001000564 148. RAGHAVENERA B K S/O KRISHNAPPA GOWDA AGEDA BOUT 42 YEARS SHARE NO. 00001000568 149. CHINNAPPA M P S/O PUTTEGOWDA AGED BOUT 65 YEARS SHARE NO. 00001000595 150. SHASHI KUMARA M A S/O ANNAPPA AGED BOUT 36 YEARS - 18 - NC: 2025:KHC:2884 WP No. 35972 of 2024 SHARE NO. 00001000604 151. RATHNAMMA W/O HUVAPPA GOWDA AGED ABOUT 66 YEARS SHARE NO. 00001000608 152. KRISHNAMURTHY K P S/O PUTTANNA AGED ABOUT 65 YEARS SHARE NO. 00001000627 153. MITHUN K P S/O PUTTAPPA AGEDABOUT 44 YEARS SHARE NO. 00001000635 154. SUMANTHA K M S/O K M L N HOLLA AGEDA BOUT 32 YEARS SHARE NO. 00001000631 155. ASHWIN S T S/O SATHISHA AGED ABOUT 46 YEARS SHARE NO. 00001000670 156. TEEKAPAP S G S/O GUNDAPPA GOWDA AGED ABOUT 66 YEARS SHARE NO. 00001001155 157. YASHODHA H M W/O MANAPPA NAIKA AGED ABOUT 65 YEARS SHARE NO. 00001000193 158. RAVINDRA S S S/O SADHU POOJARI AGED ABOUT 58 YEARS SHARE NO. 00001000235 159. SUBRAMANYA A M S/O MANJAPAP ACHARI AGED ABOUT 35 YEARS - 19 - NC: 2025:KHC:2884 WP No. 35972 of 2024 SHARE NO. 00001000236 160. SURAPPA K S/O DUGGANNA GOWDA AGED ABOUT 56 YEARS SHARE NO. 00001000238 161. CHUDAPPA K N S/O NAGAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO. 00001000258 162. BALAMMA W/O NAGE GOWDA AGED ABOUT 70 YEARS SHARE NO. 00001000261 163. KUMARANNA E T S/O THAMME GOWDA AGED ABOUT 60 YEARS SHARE NO. 00001000322 164. KRISHNAMURTHY R S/O RAMANNA GOWDA AGED ABOUT 58 YEARS SHARE NO. 00001000367 165. DINESHA K S S/O SHANKRAPPA GOWDA AGED ABOUT 50 YEARS SHARE NO. 00001000369 166. NAGAPPA GOWDA E S S/O SHESHANNA GOWDA E S AGED ABOUT 73 YEARS SHARE NO. 00001000369 167. SUBRAMANYA C S S/O TSHANKARA RAME NAIKA AGED ABOUT 64 YEARS SHARE NO. 00001000418 168. RAVI RAJ B S S/O SANJEEVA POOJARI AGED ABOUT 49 YEARS - 20 - NC: 2025:KHC:2884 WP No. 35972 of 2024 SHARE NO. 00001000420 169. KOOKRA S/O KALU HANDA AGED ABOUT 74 YEARS SHARE NO. 00001000427 170. RAJU H P S/O PUTU POOJARI AGED ABOUT 63 YEARS SHARE NO. 00001000518 171. SRINATH B T S/O THIMMAPAP NAIKA AGED ABOUT 46 YEARS SHARE NO. 00001000526 172. SRINIVASA P S/O PUTTE GOWDA AGED ABOUT 62 YEARS SHARE NO. 00001000530 173. KRISHNAPPA GOWDA B B S/O BALAPPA GOWDA AGED ABOUT 70 YEARS SHARE NO. 00001000557 174. SUDHAKARA C A S/O ANNE NAIKA AGED ABOUT 58 YEARS SHARE NO. 00001000678 175. GOPAL KRISHNA H D S/O DASAPPA AGED ABOUT 65 YEARAS SHARE NO. 00001000747 176. SUMANTHA S/O SHANKAR AGED ABOUT 30 YEARS SHARE NO. 00001000768 177. SHESHACHALA RAO K S S/O SHANKARA NARAYANA RAO AGED ABOUT 66 YEARS - 21 - NC: 2025:KHC:2884 WP No. 35972 of 2024 SHARE NO. 00001001044 178. VUSHWANATHA A K S/O KALASAPPA NAIKA AGED ABOUT 56 YEARS SHARE NO.00001001058 179. SATHYANARAYANA K S S/O SRIKANTA BHAT AGED ABOUT 64 YEARS SHARE NO.0001001103 180. KRISHNAPPA B R S/O RAME GOWDA AGED ABOUT 52 YEARS SHARE NO.00001001154 (PETITIONERS NO.136 AND 180 ARE MEMBERS PERTAINING TO NON-BORROWER’S CONSTITUENCY) (PETITIONERS AGED ABOUT 65 YEARS DO NOT CLAIMING BENEFIT OF SENIOR CITIZENSHIP) ALL PETITIONERS ARE THE MEMBERS OF THE: PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HALMUTTUR, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577120 …PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDNG DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. ‘A’ BLOCK SHANTHI NAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY - 22 - NC: 2025:KHC:2884 WP No. 35972 of 2024 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES / DISRICT ELECTION OFFICER K M ROAD, NEAR JILLA PANCHAATH CHIKMAGALUR-577101 4. RETURNING OFFICER PARIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HALMUTTUR, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577120 5. PRIMARY AGRICULTURE CREDIT CO-OPERTATIVE SOCIETY LTD., HALMUTTUR, KOPPA TLAUK, CHIKKAMAGALURU DISTRICT-577120 REPRESENTED BY ITS CHIEF EXECUTUIVE OFFICER RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIEITES ACT, 1959) …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 05.01.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 23 - NC: 2025:KHC:2884 WP No. 35972 of 2024 ORAL ORDER Petitioners in both the petitions are seeking to direct respondent Nos.2 to 5 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.5 which was scheduled to be held on 05.01.2025. 2. This Court, by way of interim arrangement on 31.12.2024, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 05.01.2025 to the Board of Directors of respondent No.5-society subject to the final outcome of these writ petitions. 3. The challenge in these writ petitions 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: - 24 - NC: 2025:KHC:2884 WP No. 35972 of 2024 “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. (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.– - 25 - NC: 2025:KHC:2884 WP No. 35972 of 2024 (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 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. - 26 - NC: 2025:KHC:2884 WP No. 35972 of 2024 (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. (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; - 27 - NC: 2025:KHC:2884 WP No. 35972 of 2024 (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 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 - 28 - NC: 2025:KHC:2884 WP No. 35972 of 2024 represent the society in the case of a member society, 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 - 29 - NC: 2025:KHC:2884 WP No. 35972 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.” - 30 - NC: 2025:KHC:2884 WP No. 35972 of 2024 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-society and attended all the annual general body meetings, in spite of which respondent No.5- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5-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 following points for consideration at paragraph No.9, which reads as under: 1 ILR 2024 KAR 1901 - 31 - NC: 2025:KHC:2884 WP No. 35972 of 2024 “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: “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 - 32 - NC: 2025:KHC:2884 WP No. 35972 of 2024 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 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: - 33 - NC: 2025:KHC:2884 WP No. 35972 of 2024 (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 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 - 34 - NC: 2025:KHC:2884 WP No. 35972 of 2024 anything contained in any law for the time being in force, if any dispute touching the constitution, management, 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 society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. 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. - 35 - NC: 2025:KHC:2884 WP No. 35972 of 2024 (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– (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 - 36 - NC: 2025:KHC:2884 WP No. 35972 of 2024 contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (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 agent or deceased agent 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, management 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 - 37 - NC: 2025:KHC:2884 WP No. 35972 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 these petitions 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 petitions need 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 05.01.2025 to the Board of Directors of respondent No.5-society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 38 - NC: 2025:KHC:2884 WP No. 35972 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.5- society. iv. All the 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 SS List No.: 1 Sl No.: 30