Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14682 WP No. 35907 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. 35907 OF 2024 (CS-EL/M) BETWEEN:
1. ISAMMA, W/O ISMAIL, AGED ABOUT 50 YEARS, R/AT PARTHIPADY, MANGALANTHI, MANGALORE, PINCODE -574 237. MEMBER NO 2802. 2. IDDI KUNHI, S/O B M MOHAMMED, AGED ABOUT 55 YEARS, R/AT KINYA BELANGIRE, POST KINYA, MANGALORE, PINCODE -575 024. MEMBER NO 3169. 3. ISMAIL, S/O MAINE BYARI, AGED ABOUT 55 YEARS, R/AT ASSAIGOLI, MANGALORE, PINCODE-574 237. MEMBER NO 3222. 4. MOOSAKUNHI, S/O SAVUKUNHI BYARI, AGED ABOUT 62 YEARS, R/AT HOSAMANE, MANGALORE, PINCODE-575 024. MEMBER NO. 3239. 5. ISMAIL S/O ACHABBA AGED ABOUT 50 YEARS, R/AT MADOOR KOTEKAR, MANGALORE, PINCODE-575 022. MEMBER NO 3761. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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6. KUNHI BAVA S/O MOIDIN KUNHI AGED ABOUT 65 YEARS R/AT ASSAIGOLI, MANGALORE, PINCODE-575 023. MEMBER NO 4251. 7. ISMAIL, S/O SEEDI BYARI, AGED ABOUT 71 YEARS, R/AT MUNDELU, KOTEKAR, MANGALORE, PINCODE-575 024. MEMBER NO 4276. 8. PALLI KUNHI, S/O ABDUL REHAMAN, AGED ABOUT 51 YEARS, R/AT KANAKAMOGERU, KUTHUBI NAGAR, KINYA, MANGALORE, PINCODE-575 024. MEMBER NO 4276. 9. IDDI KUNHI, S/O SHEKABBA, AGED ABOUT 35 YEARS, R/AT PALEDADI, POST KINYA, MANGALORE, PINCODE-575 024, MEMBER NO 4651. 10. ABDULLA. K.M, S/O K S MOHAMMEDS, AGED ABOUT 38 YEARS, R/AT BELANGARE, KINYA, MANGALORE, PINCODE-575 024. MEMBER NO 4651. 11. MOIDI KUNHI, S/O KUNHI BYARI, AGED ABOUT 59 YEARS, R/AT MUDPADI, ASSAIGOLI, MANGALORE, PINCODE-574 237. MEMBER NO 4685. 12. MOOSA KUNHI, S/O K S MOHAMED, AGED ABOUT 54 YEARS,
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R/AT BELANGARE, KINYA, MANGALORE, PINCODE-575 024. MEMBER NO 4896. 13. ISUBU, S/O FAKRUDDIN, AGED ABOUT 52 YEARS, R/AT UCHILA, SOMESHWARA, MANGALORE, PINCODE-575 023. MEMBER NO 4912. 14. ISMAIL, S/O MOHAMED BYARI, AGED ABOUT 37 YEARS, R/AT PANEER, KOTEKAR, MANGALORE, PINCODE-575 022. MEMBER NO 5136. 15. ABDUL RAHIMAN, S/O MOIDI KUTTI, AGED ABOUT 52 YEARS, R/AT PARTHIPADY, MANGALANTHI, MANGALORE, PINCODE-574 237. MEMBER NO 5172. 16. HAMEED. P. M, S/O MOIDIN KUNHI, AGED ABOUT 55 YEARS, R/AT NATEKAL, ASSAIGOLI, MANGALORE, PINCODE-574 237. MEMBER NO 5173. 17. ATHAVULLA, S/O MOHAMED P S, AGED ABOUT 27 YEARS, R/AT PARTHIPADY, MANGALANTHI, MANGALORE, PINCODE-574 237. MEMBER NO 5464. 18. IBRAHIM.
L, S/O HASAIN BYARI, AGED ABOUT 58 YEARS, R/AT LADA ASSAIGOLI, MANGALORE, PINCODE-574 237. MEMBER NO 5483. - 4 -
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19. HAMAD KUNHI, S/O MOIDI KUNHI, AGED ABOUT 70 YEARS, R/AT NEKKARE MANE, ASSAIGOLI, MANGALORE, PINCODE-574 237. MEMBER NO 5700. 20. UMMERABBA. K. M, S/O MOOSA BYARI, AGED ABOUT 65 YEARS, R/AT BAKIMAR KEJE, POST KINYA, MANGALORE, PINCODE-575 024. MEMBER NO. 5960. 21. MOHAMMED. A. M, S/O ABDUL RAHIMAN, AGED ABOUT 50 YEARS, R/AT ARANGADI, MANGALANTHI, MANGALORE, PINCODE-574 237. MEMBER NO 5967. 22. HAMMADUNHI, S/O HUSA KUNHI, AGED ABOUT 45 YEARS, R/AT REHAMATH NAGARA, POST KINYA, MANGALORE, PINCODE-574 237. MEMBER NO 6120. 23. ISMAIL. K. S, S/O SOOFI BYARI, AGED ABOUT 54 YEARS, R/AT PARE HOUSE, POST KINYA, MANGALORE, PINCODE-575 024. MEMBER NO 6376. 24. HAMEED, S/O IBRAHIM K P, AGED ABOUT 55 YEARS, R/AT PALEDADI, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 6444. 25. KHATHIJAMMA, S/O IBRAHIM, AGED ABOUT 69 YEARS,
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R/AT BHANDAHSALE MANE, MANGAALANTHI, MANGALORE, PINCODE-574237. MEMBER NO 6912. 26. ABDUL AZEEZ, S/O SEKUNHI BYARI, AGED ABOUT 56 YEARS, R/AT ELUPADPU KAKE, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 6924. 27. SURESH, S/O MUTHAPPA POOJARY, AGED ABOUT 69 YEARS, R/AT BANDIKOTYA, ULLALA, MANGALORE, PINCODE-575 020. MEMBER NO 6931. 28. MOHAMMED. N. K, S/O KUNHAPPA, AGED ABOUT 70 YEARS, R/AT CHAKATTE PADPU, POST KINYA, MANGALORE, PINCODE-575024. MEMBER NO 7002. 29. HYDER. B. M, S/O MOHAMMED, AGED ABOUT 45 YEARS, R/AT BELANGARE, KINYA, MANGALORE, PINCODE-575 024. MEMBER NO 7058. 30. SADASHIVA ULLAL, S/O RAMAPPA, AGED ABOUT 60 YEARS, R/AT KOLYA, KOTEKAR, MANGALORE, PINCODE 575 023. MEMBER NO 7070. 31. RAVINDRA. U, S/O CHANDAPPA U, AGED ABOUT 65 YEARS, R/AT PADDALA HOUSE, POST PERMANNURU, MANGALORE, PINCODE 575017. MEMBER NO 7336. - 6 -
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32. MOHAMMED.
K. M, S/O MOIDIN BYARI, AGED ABOUT 57 YEARS, R/AT BELANGARE, KINYA, MANGALORE, PINCODE 575 024. MEMBER NO 7818. 33. ABDUL KHADER, S/O MOIDIN KUNHI, AGED ABOUT 58 YEARS, R/AT ASSAIGOLI, MANGALORE, PINCODE-574237. MEMBER NO 7841. 34. HASSAINER. P. M, S/O MOHAMED B M, AGED ABOUT 37 YEARS, R/AT MEENADI, POST KINYA, MANGALORE, PINCODE 575024, MEMBER NO 8371. 35. MOHAMMED, S/O HASAN BYARI, AGED ABOUT 38 YEARS, R/AT URAMANE, ASSAIGOLI, MANGALORE, PINCODE -574237. MEMBER NO.8381. 36. RAMLA, W/O ABUBAKKAR, AGED ABOUT 31 YEARS, R/AT BATTAPADY, UCHILA, MANGALORE, PINCODE-575 023. MEMBER NO 8389. 37. LATHIEF, S/O ISMAIL, AGED ABOUT 48 YEARS, R/AT BELANGARE, KINYA, MANGALORE, PINCODE 575 024. MEMBER NO 8480. 38. HASAINER, S/O IBRAHIM K M, AGED ABOUT 54 YEARS,
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R/AT KATTEMAR, ASSAIGOLI, MANGALORE, PINCODE 575023. MEMBER NO 8542. 39. MOHAMED. K. M, S/O MOIDIN KUNHI, AGED ABOUT 54 YEARS, R/AT NAYAPATNA, UCHILA, MANGALORE, PINCODE 575023. MEMBER NO 8544. 40. HASAN KUNHI, S/O MOHAMED K P, AGED ABOUT 59 YEARS, R/AT AYATHNAGARA, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 8595. 41. ABDUL AZEEZ, S/O HAMAD KUNHI, AGED ABOUT 47 YEARS, R/AT PANEER NADU, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 8749. 42. MOHAMED BASHEER, S/O MOHAMED U N, AGED ABOUT 54 YEARS, R/AT AJJINADKA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 8769. 43. ISAMMA, W/O MOHAMEED, AGED ABOUT 39 YEARS, R/AT URAMANE, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 8848. 44. JAINABU, W/O UMMER FAROOQ, AGED ABOUT 37 YEARS, R/AT URAMANE, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 9101. - 8 -
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45. AVAMMA, W/O M U IBRAHIM, AGED ABOUT 35 YEARS, R/AT KONDANA SITE, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 9158. 46. SHOBHA, W/O U K GOPAL, AGED ABOUT 32 YEARS, R/AT KOTTARA MANE, ULLALA, MANGALORE, PINCODE-575020. MEMBER NO 9194. 47. MAMATHA, W/O SURESH, AGED ABOUT 28 YEARS, R/AT GUDDAKEPAL HOUSE, KOTEKAR, MANGALORE, PINCODE -575022. MEMBER NO 9280. 48.
IBRAHIM, S/O MOHAMMED, AGED ABOUT 33 YEARS, R/AT MONTEPADPU, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 9334. 49. ABDUL SALAM, S/O ISMAIL HAJI, AGED ABOUT 36 YEARS, R/AT RAFA BAKERY, UCHILA, MANGALORE, PINCODE 575023. MEMBER NO 9369. 50. AVAMMA, W/O AHAMAD, AGED ABOUT 45 YEARS, R/AT A H MASJID, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 9455. 51. SAHID BEGAM, S/O ABDUL AZEEZ, AGED ABOUT 25 YEARS,
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R/AT KOLYA, KOTEKAR, MANGALORE, PINCODE 575023. MEMBER NO 9526. 52. ABDUL SATHAR, S/O ISMAIL, AGED ABOUT 47 YEARS, R/AT UCHILA, SOMESHWARA, MANGALORE, PINCODE 575023. MEMBER NO 9747. 53. CHANDRAMOHAN, S/O BASAPPA, AGED ABOUT 28 YEARS, R/AT BATTAPADY, UCHILA, MANGALORE, PINCODE 575023. MEMBER NO 9828. 54. AHAMED. K, S/O MOHAMED K, AGED ABOUT 29 YEARS, R/AT ASHIF MANZIL, ARASU NAGARA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 9911. 55. IBRAHIM, S/O HAMMAD BYARI, AGED ABOUT 49 YEARS, R/AT KAJEKODI MANE, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 9941. 56. IBRAHIM, S/O MAMMI KUNHI HAJEE, AGED ABOUT 42 YEARS, R/AT BETTUGUDDE, MANGALANTHI, MANGALORE, PINCODE 574237. MEMBER NO 10057. 57. KALYANI YANE KAVITHA, W/O MUKESH SALIAN, AGED ABOUT 45 YEARS, R/AT OMBATHUKERE, ULLALA, MANGALORE, PINCODE 575020. MEMBER NO 10145. - 10 -
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58. NARASIMHA POONJA, S/O SUBBANNA POONJA, AGED ABOUT 74 YEARS, R/AT SULLENJAR, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 10174. 59. ABBAS. U, S/O GULAM U M, AGED ABOUT 25 YEARS, R/AT MUKACHERI, ULLALA, MANGALORE, PINCODE 575020. MEMBER NO 10244. 60. YUSUF.S, S/O MOHAMED SHEIK, AGED ABOUT 34 YEARS, R/AT MADOOR SITE, KOTEKAR, MANGALORE, PINCODE 575 022. MEMBER NO 10334. 61. REVATHI, W/O ACHUTHA, AGED ABOUT 34 YEARS, R/AT NITHYANIKETHAN, UCHILA, MANGALORE, PINCODE 575023. MEMBER NO 10347. 62. ASHRAF. M, S/O MOOSA, AGED ABOUT 38 YEARS, R/AT MADOOR, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 10387. 63. NISHA, D/O DUGGAPPA SHETTY, AGED ABOUT 49 YEARS, R/AT KONDANA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 10491. 64.
VINODA, W/O SEETHARAMA SHETTY, AGED ABOUT 56 YEARS,
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R/AT ULLALABAIL, ULLALA, MANGALORE, PINCODE 575020. MEMBER NO 10568. 65. SATHISH, S/O GANGADAR SHETTY, AGED ABOUT 59 YEARS, R/AT THOKKOTTU, ULLALA, MANGALORE, PINCODE 575020. MEMBER NO 10591. 66. MOHAMMED. D. M, S/O ISMAIL, AGED ABOUT 36 YEARS, R/AT Z R MANZIL, DERLAKATTE, MANGALORE, PINCODE- 575 022. MEMBER NO 10635. 67. JALAJAKSHA, W/O VISHWANATH, AGED ABOUT 68 YEARS, R/AT SEDIKATTE, UCHILA, MANGALORE, PINCODE 575023. MEMBER NO 10684. 68. SHRINIVAS. U, S/O SANJEEVA SALIAN, AGED ABOUT 45 YEARS, R/AT ULLALABAIL, ULLALA, MANGALORE, PINCODE 575020. MEMBER NO 10701. 69. ABDUL BASHEER, S/O ARABI KUNHI, AGED ABOUT 52 YEARS, R/AT MADOOR, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 10725. 70. YASHAVANTHI, W/O HARISH, AGED ABOUT 35 YEARS, R/AT MANCHILA, THOKKOTTU, POST PERMANNURU, MANGALORE, PINCODE 575017. MEMBER NO 10726. - 12 -
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71. KAMAKSHI, W/O DAMODAR, AGED ABOUT 70 YEARS, R/AT MANCHILA, THOKKOTTU, POST PERMANNURU, MANGALORE, PINCODE 575017. MEMBER NO 10727. 72. SHAKUNTHAL, W/O DEVADAS K, AGED ABOUT 59 YEARS, R/AT SARASWATHA COLONY, SOMESHWARA, MANGALORE, PINCODE 575023. MEMBER NO 10954. 73. RIYAZ, S/O MOIDIN KUNHI, AGED ABOUT 37 YEARS, R/AT MARATEMOOLE, MANGALANTHI, MANGALORE, PINCODE 574237. MEMBER NO 10979. 74. RAJESH, S/O NARAYANA BELCHADA, AGED ABOUT 58 YEARS, R/AT DWARAKANAGARA, SOMESHWARA, MANGALORE, PINCODE 575023. MEMBER NO 11058. 75. HAIRUNNISA, S/O ELIYAS, AGED ABOUT 29 YEARS, BADRIYA, R/AT NEAR MASJID, DERLAKATTE, MANGALORE, PINCODE 575022. MEMBER NO 11249. 76. KAMARUNNISA, W/O HIMAMUDDIN, AGED ABOUT 26 YEARS, R/AT MADOOR, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 11261. 77. HAMZA, S/O HASIANER K M,
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AGED ABOUT 52 YEARS, R/AT GUDDAKEPAL HOUSE, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 11325. 78. MOHAMED. K. M, S/O MAMMU KUNHI, AGED ABOUT 34 YEARS, R/AT KALLATKA, MANJANADY, MANGALORE, PINCODE 574237. MEMBER NO 11340. 79. MOHAMED.
M, S/O PAKIR SAHEB, AGED ABOUT 35 YEARS, R/AT MERLAGUDDE, SOMESHWARA, MANGALORE, PINCODE 575023. MEMBER NO 11350. 80. MOHAMED SIDDIQ, S/O MOHAMED ALI, AGED ABOUT 41 YEARS, R/AT BATTAPADY, UCHILA, MANGALORE, PINCODE 575023. MEMBER NO 11411. 81. NAGESH RAI, S/O NARAYANA RAI, AGED ABOUT 43 YEARS, R/AT KONDANA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 11435. 82. MOHAMED SALEEM, S/O AHAMED BYARI, AGED ABOUT 45 YEARS, R/AT BELANGARE, KINYA, MANGALORE, PINCODE 574237. MEMBER NO 11537. 83. RUKIYA, S/O ABUBAKKAR SIDDIK, AGED ABOUT 37 YEARS, R/AT MANJANADY, MANGALORE, PINCODE 574237. MEMBER NO 11537. - 14 -
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84. ABDUL AZEEZ, S/O MOHAMED G, AGED ABOUT 57 YEARS, R/AT GANGARA MAJALU, MANJANADY, MANGALORE, PINCODE 574237. MEMBER NO 11578. 85. SEFIYA, W/O MOHAMED HANEEF, AGED ABOUT 30 YEARS, R/AT MIPURI, BELANGARE, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 11609. 86. HAMEED HASAN, S/O HASANABBA, AGED ABOUT 37 YEARS, R/AT MEEM NAGARA, KOTEKAR, MANGALORE, PINCODE 575020. MEMBER NO 11773. 87. MOHAMMED. K .P, S/O BADUVA KUNHIN, AGED ABOUT 46 YEARS, R/AT JALEEL MANZIL, BELANGARE, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 11846. 88. ISAMMA, S/O MOHAMED, AGED ABOUT 55 YEARS, R/AT MAJAL HOUSE, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 11860. 89. SARAMMA, S/O HAMAD KUNHI, AGED ABOUT 45 YEARS, R/AT REHAMATH NAGARA, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 12068. 90. KATHIJA BANU, S/O ABDUL K, AGED ABOUT 39 YEARS, R/AT NAURIN MANZIL, KOTEKAR,
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MANGALORE, PINCODE 575022. MEMBER NO 12139. 91. SUDHAKARA. U. SALIAN, S/O THANIYAPPA POOJARY, AGED ABOUT 53 YEARS, R/AT BHANDAHSALE MANE, ALEKALA, ULLA, MANGALORE, PINCODE 575020. MEMBER NO 12163. 92. CHANDRAHAS, S/O LAXMAN POOJARY, AGED ABOUT 28 YEARS, R/AT MEGINA KAJE, PO KINYA, MANGALORE, PINCODE 575024. MEMBER NO 12178. 93. ISAMMA, S/ O ABBAS, AGED ABOUT 37 YEARS, R/AT GUDURU MANE, MANJANADY, MANGALORE, PINCODE 574237. MEMBER NO 12197. 94. MOHAMED HANEEF, S/O IBRAHIM U S, AGED ABOUT 23 YEARS, R/AT MELANGADI, UCHILA, MANGALORE, PINCODE 575023.
MEMBER NO 12202. 95. ABBAS. P. M, S/O MOIDIN KUNHI, AGED ABOUT 51 YEARS, R/AT NATEKAL, MANJANADY, MANGALORE, PINCODE 574237. MEMBER NO 12251. 96. MUMTHAZ, S/O ISMAIL, AGED ABOUT 34 YEARS, R/AT NEAR JALALBAGH MASJID, DERLAKATTE, MANGALORE, PINCODE-575022. MEMBER NO 12341. - 16 -
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97. ABUBAKKAR, S/O KUNHABA, AGED ABOUT 39 YEARS, R/AT MERLAGUDDE, SOMESHARA, MANGALORE, PINCODE 575023. MEMBER NO 12397. 98. ABDULLA, S/O IBRAHIM, AGED ABOUT 59 YEARS, R/AT MANGALANAGARA, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 12593. 99. MARIYAMMA, S/O MOIDIN KUNHI K I, AGED ABOUT 36 YEARS, R/AT PULITHADI KUTHBI NAGARA, PO KINYA, MANGALORE, PINCODE 575024. MEMBER NO 12637. 100. STEEVAN D SOUZA, S/O BOWTHISH, AGED ABOUT 52 YEARS, R/AT KOTTARA MANE, ULLALA, MANGALORE, PINCODE 575020. MEMBER NO 12725. 101. JAINABU, W/O MOHAMED P U, AGED ABOUT 28 YEARS, R/AT PANEERSITE, DERLAKATTE, MANGALORE, PINCODE 575022. MEMBER NO 12820. 102. DODDAYYA SHETTY, S/O MARAPPA SHETTY, AGED ABOUT 49 YEARS, R/AT KANNADAPALU MANE, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 12849. 103. AYISHA, W/O ISMAIL P M,
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AGED ABOUT 36 YEARS, R/AT PANEER, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 12861. 104. ASIYAMMA, S/O MOHAMMED K M, AGED ABOUT 32 YEARS, R/AT MEEPURI HOUSE, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 12899. 105. ABBAS, S/O MOIDIN KUNHI, AGED ABOUT 29 YEARS, R/AT KATTEMAR, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 12921. 106. ABDUL RAZAK, S/O ISMAIL K M, AGED ABOUT 30 YEARS, R/AT PALLETHADI, MEGINA KAJE, PO KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13006. 107. IBRAHIM MUSLIYAR, S/O AHAMED KUNHI, AGED ABOUT 38 YEARS, R/AT THARIPADPU MANE, PO KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13038. 108. KUNHI MONU, S/O ABDUL A M, AGED ABOUT 37 YEARS, R/AT URAMANE, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 13071. 109. FATHIMATH NISHA, S/O ABDUL RAHIMAN, AGED ABOUT 44 YEARS, R/AT SHALIMAR MANE, MANGALANTHI, MANGALORE, PINCODE 574237. MEMBER NO 13144.
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110. RUKIYA, W/O MOHAMED ABDUL, AGED ABOUT 31 YEARS, R/AT KELAGINA MEEPRI, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13198. 111. MOHAMED ASHRAF, S/O ABDUL HAJEE, AGED ABOUT 32 YEARS, R/AT SARTHABAIL, MANGALANTHI, MANGALORE, PINCODE 574237. MEMBER NO 13241. 112. JAINABI, S/O IDDIN KUNHI, AGED ABOUT 33 YEARS, R/AT PALEDADI, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13358. 113. IBRAHIM. M. N, S/O MOIDIN KUNHI K I, AGED ABOUT 37 YEARS, R/AT PALEDADI, POST KINYA, MANGALORE, PINCODE 57502. MEMBER NO 13377. 114. LILLY DSOUZA, S/O BAPTIST DSOUZA, AGED ABOUT 34 YEARS, R/AT SANKESH, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13424. 115. WALTER DSOUZA, S/O BAPTIST DSOUZA, AGED ABOUT 42 YEARS, R/AT SANKESH, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13425. 116. JECINTHA DSOUZA, S/O WALTER DSOUZA, AGED ABOUT 32 YEARS,
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R/AT SANKESH, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13426. 117. FATHIMATH ZOHARA, S/O IBRAHIM, AGED ABOUT 34 YEARS, R/AT KONDANA SITE, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 13451. 118. MOHAMED HANEEF, S/O ISMAIL P H, AGED ABOUT 45 YEARS, R/AT HAYATH NAGARA, MANGALANTHI, MANGALORE, PINCODE 57437. MEMBER NO 13456. 119. GOUTHAM SHETTY, S/O GOPAL SHETTY, AGED ABOUT 31 YEARS, R/AT MADOOR, KOTEKAR, MANGALORE, PINCODE-575 022. MEMBER NO 13515. 120. ABDUL SALAM, S/O ABDUL RAHIMAN, AGED ABOUT 35 YEARS, R/AT BAKIMAR KEJE, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13588. 121. MOHAMED HUSAIN, S/O AMEER KHAN, AGED ABOUT 38 YEARS, R/AT URAMANE, ASSAIGOLI, MANGALORE, PINCODE 574237. MEMBER NO 13893. 122. FATHIMA, W/O MOHAMED, AGED ABOUT 39 YEARS, R/AT ANGADI MANE, BELANGARE, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13902. - 20 -
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123. NAZEEMA, W/O HAMEED K S, AGED ABOUT 39 YEARS, R/AT MEENADI, POST KINYA, MANGALORE, PINCODE 575024. MEMBER NO 13905. 124. JAYAMANI, W/O GOPAL SHETTY, AGED ABOUT 22 YEARS, R/AT KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 13918. 125.
KHATHIJA, W/O MONU, AGED ABOUT 35 YEARS, R/AT K C ROAD, SOMESHWARA, MANGALORE, PINCODE 575023. MEMBER NO 13928. 126. ABUBAKKAR, S/O MOOSABBA HAJI, AGED ABOUT 41 YEARS, R/AT BELANGARE, KINYA, MANGALORE, PINCODE 575024. MEMBER NO 14103. 127. SHIVARAJ, S/O RAMANNA SHETTY, AGED ABOUT 31 YEARS, R/AT KONDANA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 14118. 128. GAYATHRI UCHIL, S/O RAJESH, AGED ABOUT 24 YEARS, R/AT NITYANIKETHAN, SANKOLIGE, MANGALORE, PINCODE 575023. MEMBER NO 14124. 129. CHANDRIKA UCHIL, W/O SHESHAGIRI, AGED ABOUT 47 YEARS,
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R/AT NITYANIKETHAN, SANKOLIGE, MANGALORE, PINCODE 575023. MEMBER NO 14125. 130. JOHARA, S/O HAMEED K S, AGED ABOUT 41 YEARS, R/AT NEAR JUMMA MASZID, PALEDADI, KINYA, MANGALORE, PINCODE-575 024. MEMBER NO 14132. 131. USMAN. H. I, S/O ISMAIL, AGED ABOUT 51 YEARS, R/AT AJJINADKA, KOTEKAR, MANGALORE,PINCODE 575022. MEMBER NO 14143. 132. AYISHA, W/O USMAN, AGED ABOUT 41 YEARS, R/AT AJJINADKA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 14144. 133. ABDUL IRSHAD, S/O KASIM T, AGED ABOUT 41 YEARS, R/AT AJJINADKA, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 14172. 134. ISAMMA, W/O ISMAIL, AGED ABOUT 35 YEARS, R/AT MADOOR, KOTEKAR, MANGALORE, PINCODE 575022. MEMBER NO 14178. 135. ABDUL SATHAR, S/O ABUSALI K B, AGED ABOUT 42 YEARS, R/AT THARIPADPU MANE, PO KINYA, MANGALORE, PINCODE 575024. MEMBER NO 14229. - 22 -
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136. MOHAMED MANSOOR, S/O ABUSALI, AGED ABOUT 30 YEARS, R/AT THARIPADPU MANE, PO KINYA, MANGALORE, PINCODE 575024. MEMBER NO 14230. …PETITIONERS (BY SRI ABISHEK MARLA M J, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BANGALORE - 560 001. REP. BY ITS PRINCIPLE SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C, A BLOCK, SHANTHI NAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES / DISTRICT ELECTION OFFICER, JANATHA BAZAR, 1ST FLOOR, GANAPATHI HOSTEL ROAD, MANGALURU D.K. 575 001. 4.
THE RETURNING OFFICER, APPOINTED FOR KOTEKAR VYAVASAAYA, SEVA SAHAKARA SANGHA. NI, KOTEKAR, ULLALA TALUK, D.K-575 022. 5. KOTEKAR VYAVASAAYA SEVA SAHAKARA SANGHA NI., KOTEKAR, ULLALA TALUK, D K 572 022. REP. BY ITS CEO. RESPONDENT NO.5 SOCIETY ESTABLISHED AND REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2;
R5- KOTEKAR VYAVASAAYA SEVA SAHAKARA SANGHAR NI, KOTEKAR-SD)
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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO 4 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THEM TO CASTE THEIR VALUABLE VOTES IN THE R-5 SOCIETY'S ELECTION WHICH IS SCHEDULED TO BE CONDUCTED ON 05.01.2025 AS PER ANNX-B IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED. THIS 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 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.
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
1 W.P.No.8502/2022 dated 7.6.2022
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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 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.
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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.: 68