GRAHAKARASAHAKARI SANGHA NIYAMITA HOSTOTA v. STATE OF KARNATAKA
WP/107100/2025 · 2025-09-23
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38178 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38178 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12997 WP No. 107100 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107100 OF 2025 (CS-EL/M) BETWEEN:
GRAHAKARASAHAKARI SANGHA NIYAMITA, HOSTOTA, TQ. SIDDAPUR, UK. REP. BY ITS CEO PURUSHOTTAMAKUPPA GOUDA AGE. 46 YEARS, OCC. SERVICE, R/O. HOSTOTA TALUK. SIDDAPUR, U.K-581355. …PETITIONER
(BY SRI. VINAYAKA B.HEGDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BENGALURU-560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI-ASKAR ROAD, BENGALURU-560052. 3. CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTINAGAR, T.T.M.C, “A” BLOCK, SHANTINAGAR, BENGALURU-560027, REP.BY ITS SECRETARY. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12997 WP No. 107100 of 2025
4. DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, KARWAR DIST: UTTARA KANNADA-581301. 5. RETURNING OFFICER, ADIKSHAKARU, JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KENDRA SAHAKARI SAGATU MARATA MALIGE NIYAMITA (JANATA BAJAR) SIRSI, UTTARA KANNADA–581401. 6. KENDRA SAHAKARI SAGATU MARATA MALIGE NIYAMITA TQ: SIRSI, DIST: UTTARA KANNADA-581401 REP. BY IT’S CHIEF EXECUTIVE OFFICER. …RESPONDENTS
(BY SRI. RAMESH B.CHIGARI, AGA FOR R1, R3 TO R5;
SRI. G.V. BHARMAGOUDR, ADV. FOR R2;
SRI. VIJAY M.MALALLI, ADV. FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL INELIGIBLE VOTERS LIST ISSUED BY RESPONDENT NO.4 MARKED AT ANNEXURE C IN SO FAR AS PETITIONERS ARE CONCERNED IN THE ELECTION TO THE BOARD OF 6TH RESPONDENT SOCIETY FOR THE TERM 2025 TO 2029. B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 3 TO 6 TO CONDUCT THE ELECTIONS TO THE 6TH RESPONDENT SOCIETY FOR THE TERM 2025-2029 SCHEDULED TO BE HELD ON 27.09.2025, PERMITTING THE PETITIONERS TO CAST THEIR VOTE AND
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HC-KAR NC: 2025:KHC-D:12997 WP No. 107100 of 2025
PARTICIPATE IN THE ELECTION PROCESS IN TERMS OF ANNEXURE A DATED 11.09.2025 ISSUED BY RESPONDENT NO.5 AND ETC.,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for Respondent Nos.1, 3 to 5. Sri G.V. Bharmagoudar, learned counsel, accepts notice for Respondent No.2.
Sri Vijay Malali, learned counsel is directed to accept notice for Respondent No.6. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ of Certiorari quashing the final ineligible voters list issued by Respondent No.4 marked at Annexure C in so far as petitioners are concerned in the election to the board of 6th respondent society for the term 2025 to 2029. b) Issue a writ of mandamus directing the respondents 3 to 6 to conduct the Elections to the 6th respondent society for the term 2025-2029
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HC-KAR NC: 2025:KHC-D:12997 WP No. 107100 of 2025
scheduled to be held on 27.09.2025, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A dated 11.09.2025 issued by respondent no.5. c) Pass such other orders a this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 3. The petitioner is similarly situated to the petitioner in W.P. No.106957 of 2025. Respondent No.6 herein was also Respondent No.6 in the said writ petition. For the very same reason as detailed in the order dated 17.09.2025, I pass the following order: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the inclusion of the petitioner’s name in the ineligible voter list at Annexure-C is set-aside. iii. Respondent No.6 is directed to include the name of the petitioner in the eligible voters list as done
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HC-KAR NC: 2025:KHC-D:12997 WP No. 107100 of 2025
in the provisional list and permit the petitioner to contest/vote at the elections to be held on
27.09.2025. In view of disposal of the petition, pending I.A’s, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE
VB/CT: UMD/List No.: 5 Sl No.: 28