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2025 DAILYLAW 39875 (KAR)

SRI ASHWATHANARAYANAGOWDA N., v. THE STATE OF KARNATAKA

WP/25829/2025 · 2025-10-28

M G Uma

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 25829 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. ASHWATHANARAYANAGOWDA N., S/O LATE CHIKKANARSIMHAIAH AGED ABOUT 72 YEARS, SHARE A/C NO.01. 2. SMT. RADHAMMA, W/O RANGAPPA, AGED ABOUT 64 YEARS, SHARE A/C NO.23. 3. SMT. SAKKAMMA, W/O MUNINARAYANAPPA AGED ABOUT 66 YEARS, SHARE A/C NO.46. 4. SRI KRISHNAPPA .M., S/O DODDAMUNINANJAPPA, AGED ABOUT 70 YEARS, SHARE A/C NO.50. 5. SRI. ANJANEYAPPA, S/O. NANJUNDAPPA, AGED ABOUT 78 YEARS, SHARE A/C NO.78. 6. SRI. GUMANNA, S/O. PILLANARASIMHAIAH, AGED ABOUT 68 YEARS, SHARE A/C NO.91. 7. SRI. ASHWATHNARAYANA, S/O. PILLANARSIMHAIAH AGED ABOUT 54 YEARS, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 SHARE A/C NO.93. 8. SRI. MUNINARAYANAPPA, S/O DODDANNA, AGED ABOUT 66 YEARS, SHARE A/C NO.186. 9. SMT. UMADEVI, W/O MUNINARAYANAPPA Y.D., AGED ABOUT 60 YEARS, SHARE A/C NO.187. 10. SRI. NARASAPPA, S/O RAMAPPA, AGED ABOUT 52 YEARS, SHARE A/C NO.213. 11. SMT. SONNAMMA, W/O NARAYANASWAMY, AGED 68 YEARS, SHARE A/C NO.223. 12. SRI. MUNIRAJAPPA .P., S/O PAPANNA, AGED ABOUT 55 YEARS, SHARE A/C NO.226. 13. SRI. KRISHNAPPA .C. S/O CHIKKANARASIMHAIAH AGED ABOUT 64 YEARS, SHARE A/C NO.232. 14. SRI. MUNIRAJAPPA C.N., S/O CHIKKANARASIMHAIAH AGED ABOUT 70 YEARS, SHARE A/C NO.234. 15. SMT. RAMAKKA, W/O RAMAKRISHNAPPA, AGED ABOUT 51 YEARS, SHARE A/C NO.269. 16. SMT. MUNIRATHNAMMA, W/O. MUNIAPPA .D. - 3 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 AGED ABOUT 54 YEARS, SHARE A/C NO.273, 17. SRI. SUBRAMANI, S/O MUNIHANUMAPPA, AGED ABOUT 48 YEARS, SHARE A/C NO.276. 18. SRI. RAMAKRISHNAPPA .M., S/O MUNICHOWDAPPA AGED ABOUT 55 YEARS, SHARE A/C NO.295. 19. SRI. MUNEGOWDA .A., S/O ANJINAPPA .J., AGED ABOUT 53 YEARS, SHARE A/C NO.300. 20. SRI. ANANDAKUMAR .S., S/O SRIRAMAPPA, AGED ABOUT 38 YEARS, SHARE A/C NO.301. 21. SRI. MANJUNATH Y.M., S/O MUTHAPPA AGED ABOUT 34 YEARS, SHARE A/C NO.345. 22. SRI. RAJANNA, S/O DODDACHOUDAPPA, AGED ABOUT 53 YEARS, SHARE A/C NO.352. 23. SMT. MUNITAYAMMA, W/O MUNIRAJU .P., AGED ABOUT 48 YEARS, SHARE A/C NO.363. 24. SRI. RAJANNA .C., S/O CHIKKAMUNIVENKATAPPA, AGED ABOUT 56 YEARS, SHARE A/C NO.365. - 4 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 25. SRI. DEVARAJA .K., S/O KADIRAPPA, AGED ABOUT 50 YEARS, SHARE A/C NO.369. 26. SRI. NARASIMHARAJU .K., S/O KADIRAPPA, AGED ABOUT 53 YEARS, SHARE A/C NO.370. 27. SMT. MAMATHA, W/O CHANDRAGOWDA C.M., AGED ABOUT 43 YEARS, SHARE A/C NO.372. 28. SRI. JAYARAM .K. S/O MUNIAPPA .K. AGED ABOUT 48 YEARS, SHARE A/C NO.434. 29. SRI. NANJAPPA .D., S/O DASAPPA AGED ABOUT 71 YEARS, SHARE A/C NO.81 30. SMT. MANJULA .N., W/O. NARASIMHARAJU .K. AGED ABOUT 50 YEARS, SHARE A/C NO.414. 31. SRI. PUJAPPA S/O MUNIMALLAPPA AGED ABOUT 48 YEARS, SHARE A/C NO.356. 32. SRI. MUNIRAJU .M. S/O NARAYANAPPA AGED ABOUT 35 YEARS, SHARE A/C NO.348. 33. SRI. KRISHNAPPA .N. S/O NAGAPPA AGED ABOUT 58 YEARS, SHARE A/C NO.136. - 5 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 34. SRI. HARISH .A. S/O ANJINAPPA .N. AGED ABOUT 33 YEARS, SHARE A/C NO.177. 35. SMT. RAMAKKA, W/O GUMMANNA .P. AGED ABOUT 58 YEARS, SHARE A/C NO.191. 36. SRI. PRASNNAKUMAR Y.N. S/O NARASIMHARAJU .A. AGED ABOUT 28 YEARS, SHARE A/C NO.407. 37. SRI. NAGAMANI, S/O CHANNEGOWDA .M. AGED ABOUT 48 YEARS, SHARE A/C NO.410. 38. SMT. RATHNAMMA, W/O. LOKESH, AGED ABOUT 40 YEARS SHARE A/C NO.442. 39. SRI. DODDAMUNIYAPPA S/O VENKATARAYAPPA AGED ABOUT 75 YEARS, SHARE A/C NO.134. 40. SMT. RATNAMMA, W/O M. CHANDRAPPA AGED ABOUT 55 YEARS, SHARE A/C NO.428. 41. SRI. MUNIRAYANA, S/O CHAUDAPPA AGED ABOUT 55 YEARS, SHARE A/C NO.312. PETITIONER NO.1-41 ALL R/AT YANNAGURU VILLAGE, NAGAMANGALA POST, SHIDLAGHATTA TALUK, - 6 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 CHIKKABALLAPUR DISTRICT - 562 102. NOTE: THE PETITIONERS ABOVE AGE 60 YEARS SENIOR CITIZEN NOT CLAIMED …PETITIONERS (BY SRI. VARUN .J. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY 3. YANNANGURU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD YANNANGURU VILLAGE, NAGAMANGALA POST SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 6562102 REPRESENTED BY ITS CEO A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 4. THE RETURNING OFFICER YANNANGURU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, YANNANGURU VILLAGE NAGAMANGALA POST, SHIDLAGHATTA TALUK CHIKKABALLAPUR DISTRICT - 562102 …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1 & 4 SRI. A. DEVARAJ, ADVOCATE FOR R2 (ABSENT) SRI. CHANDRAKANT .R. PATEL, ADVOCATE FOR R3) - 7 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 24.08.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of mandamus directing respondents to include their names in the final eligible voters list produced as per Annexure - 'C' and permit them to cast their votes in the upcoming elections for respondent No.3 - Society, which is scheduled to be held on 24.08.2025. 2. Heard Sri. Varun J.Patil, learned counsel for the petitioners, Sri. Yogesh D.Naik, learned Additional Government Advocate for respondent Nos.1 to 4, Sri.Chandrakanth.R.Patel, - 8 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 learned counsel for respondent No.3. Perused the materials on record. 3. Learned counsel for the petitioners submits that, as per order dated 22.08.2025, petitioners have cast their votes in the election held on 24.08.2025 to the managing committee of respondent No.3. However, respondent No.4 has not yet declared the results, inspite of there being specific direction. 4. Learned Additional Government Advocate submits that petitioners could raise all these contentions before the appropriate authority by invoking Section 70 of the Karnataka Cooperative Societies Act (for short 'the Act'). Therefore, petition is not maintainable. 5. Learned counsel for the petitioners has no objection for this Court dispose of the petition reserving liberty with the petitioner to approach the Registrar of Cooperative Societies to raise dispute under Section 70 of the Act. 6. Submissions are placed on record. - 9 - HC-KAR NC: 2025:KHC:42781 WP No. 25829 of 2025 7. In view of the above, the petition is disposed of by reserving liberty with the petitioners to approach the Registrar of Cooperative Societies by raising the dispute under Section 70 of the Act, if he is advised to do so, within two weeks from today. In the meantime, respondent No.4 is directed to declare the results of the election, which is already held. 8. Interim order directing to keep the votes cast by the petitioners in a separate box and the same shall not be counted for the purpose of declaration of results, is made obsolete. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 6