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High Court of Karnataka · body

2025 DAILYLAW 40491 (KAR)

SRI THIMMEGOWDA v. THE STATE OF KARNATAKA

WP/20745/2025 · 2025-09-12

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20745 OF 2025 (CS-RES) C/W WRIT PETITION NO. 20736 OF 2025 (CS-EL/M) IN WP No. 20745/2025 BETWEEN: 1. SRI THIMMEGOWDA S/O LATE DODDASAMPIGE GOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.44/5 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 2. SRI. S. MARI GOWDA S/O LATE KUNDURE GOWDA AGED ABOUT 55 YEARS, MEMBERSHIP NO.88/2 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 3. SRI. MARI GOWDA S/O CHIKKA HYDE GOWDA AGED ABOUT 56 YEARS, MEMBERSHIP NO.183/6 RESIDING AT HALASAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 4. SRI. K.M. NAZEER SAB S/O MOHIN UDDIN SAB AGED ABOUT 76 YEARS MEMBERSHIP NO.34/8 RESIDING AT KUNTHURU VILLAGE Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 5. SMT. SIDDAMMA W/O KARIYAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO.35/8 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 6. SRI. CHIKKA SWAMY S/O ANNANKAIAH AGED ABOUT 56 YEARS MEMBERSHIP NO.46/8 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 7. SRI. HANUMEGOWDA S/O RAME GOWDA AGED ABOUT 58 YEARS, MEMBERSHIP NO.52/8 RESIDING AT KARADAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 8. SRI. S. MADE GOWDA S/O ERE GOWDA AGED ABOUT 58 YEARS, MEMBERSHIP NO.88/8 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 9. SRI. KEMPE GOWDA S/O DODDA SAMPANGI GOWDA AGED ABOUT 59 YEARS, MEMBERSHIP NO.6/9 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121. 10. SRI. CHIKKE GOWDA S/O KUNDURE GOWDA AGED ABOUT 60 YEARS, - 3 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 MEMBERSHIP NO.13/9 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121. 11. SRI.CHIKKANNA GOWDA S/O THAMMANNA GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.57/9 RESIDING AT KARADAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 12. SRI. MALLIKARJUNA S/O MUNI GOWDA AGED ABOUT 62 YEARS, MEMBERSHIP NO.69/9 RESIDING AT NITTUR VILLAGE AND HOBLI MALAVALLI TALUK, MANDYA DISTRICT-573121 13. SRI. SANNE GOWDA S/O KUNDURE GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.108/9 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 14. SMT. CHIKKA MUTHAMMA W/O CHIKKA THAMMAIAH AGED ABOUT 58 YEARS, MEMBERSHIP NO.121/9 RESIDING AT BUIAHNADODDI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 15. SRI. H.G. BASAVARAJU S/O GULI GOWDA AGED ABOUT 45 YEARS, MEMBERSHIP NO.129/9 RESIDING AT NITTURU HALASAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 16. SRI. S. RAJANNA S/O L. SIDDE GOWDA - 4 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 AGED ABOUT 62 YEARS, MEMBERSHIP NO.132/9 RESIDING AT SAGAYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 17. SMT. MANGALAMMA W/O NAGARAJU AGED ABOUT 55 YEARS, MEMBERSHIP NO.146/6 RESIDING AT NITTURU HOSADODDI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 18. SRI.DYAVE GOWDA S/O MOLLEGOWDA AGED ABOUT 62 YEARS, MEMBERSHIP NO.155/9 RESIDING AT NITTURU HOSADODDI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 19. SRI. VISHAKANTE GOWDA S/O CHAMUNDE GOWDA AGED ABOUT 69 YEARS, MEMBERSHIP NO.179/9 RESIDING AT NITTURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 20. SRI.RAMESHA S/O CHANNE GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.115/10 RESIDING AT KARADAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-573121 21. SRI.NANJE GOWDA S/O NANJUNDE GOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO.133/10 RESIDING AT NITTURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 - 5 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 22. SRI.SHIVASHANKARA S/O CHIKKANNA AGED ABOUT 36 YEARS MEMBERSHIP NO.15/11 RESIDING AT NITTURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 23. SMT.S.M. SHOBA W/O KRISHNAPPA AGED ABOUT 40 YEARS, MEMBERSHIP NO.41/11 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 24. SRI.GANGADHAR S/O BYRAIAH AGED ABOUT 45 YEARS, MEMBERSHIP NO.63/11 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 25. SRI.APPASWAMY RAO S/O LINGOJI RAO AGED ABOUT 44 YEARS, MEMBERSHIP NO.97/11 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 26. SRI. SAMPIGE RAMAIAH S/O RAGHUVE GOWDA AGED ABOUT 48 YEARS, MEMBERSHIP NO.157/11 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 27. SRI.S.K. RAJU S/O KUNDURE GOWDA AGED ABOUT 55 YEARS, MEMBERSHIP NO.55/13 RESIDING AT SAGYA SARAGURU VILLAGE - 6 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 28. SMT.RASHMI W/O CHIKKA SWAMY AGED ABOUT 45 YEARS, MEMBERSHIP NO.129/13 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 29. SRI.RAJU S/O BOMME GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.14-OCT RESIDING AT KARADAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 30. SRI. H.N.RAMESHA S/O NAGARAJE GOWDA AGED ABOUT 45 YEARS, MEMBERSHIP NO.27/14 RESIDING AT NITTURU HALASAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 31. SRI. CHIKKABORE GOWDA S/O SIDDE GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.34/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 32. SRI. VYRAMUDI, S/O NARASIMHE GOWDA AGED ABOUT 56 YEARS, MEMBERSHIP NO.41/14 RESIDING AT NITTURU HALASAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 33. SRI. H.R. JAYANNA S/O RANGANNA H.K AGED ABOUT 62 YEARS, - 7 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 MEMBERSHIP NO.42/14 RESIDING AT NITTURU HALASAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 34. SRI. SIDDA SHETTY S/O CHANNA SHETTY AGED ABOUT 65 YEARS, MEMBERSHIP NO.46/14 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 35. SRI. SRIDHAR S/O SURESHA AGED ABOUT 35 YEARS, MEMBERSHIP NO.47/14 RESIDING AT NITTUR VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 36. SRI. BASAVARAJU S/O GULI GOWDA AGED ABOUT 55 YEARS, MEMBERSHIP NO.79/14 RESIDING AT NITTURU HALASAHALLI VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 37. SMT. KEMPAMMA W/O RAME GOWDA AGED ABOUT 45 YEARS, MEMBERSHIP NO.71/14 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 38. SRI. SHIVAKUMAR S/O CHOWDE GOWDA AGED ABOUT 35 YEARS, MEMBERSHIP NO.84/14 RESIDING AT NITTURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 - 8 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 39. SRI. BORE GOWDA S/O ANDANI GOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO.87/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 40. SMT CHIKKAMMA W/O LINGE GOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.140/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 41. SRI. SHIVARAME GOWDA S/O RAGHUVA GOWDA AGED ABOUT 56 YEARS, MEMBERSHIP NO.13/15 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 42. SMT. HONNAMMA W/O HONNA HALAGE GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.55/15 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 43. SRI. SHAYIDA BEGAUM W/O SARDAR PASHA AGED ABOUT 22 YEARS, MEMBERSHIP NO.24/16 RESIDING AT NITTURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 44. SRI. S.K.SHIVA S/O KEMPAIAH AGED ABOUT 28 YEARS, MEMBERSHIP NO.36/16 - 9 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 45. SRI. CHOWDEGOWDA S/O BASAVARAJU AGED ABOUT 50 YEARS, MEMBERSHIP NO.39/16 RESIDING AT NITTURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 46. SMT. DEVIRAMMA W/O MARALAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.51/16 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 47. SRI. L. LINGE GOWDA S/O KENCHE GOWDA @ PUTTE GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.125/9 RESIDING AT SAVANDIPURA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 48. SRI. CHIKKE GOWDA S/O MUDDE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.81/14 RESIDING AT SAVANDIPURA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 49. SMT.KEMPAMMA W/O SHIVALINGE GOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.99/14 RESIDING AT SAVANDIPURA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 - 10 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 50. SMT. LAKSHMAMMA W/O SHIVASHANKARE GOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.20/14 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 51. SMT. NINGAMMA W/O MADE GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.53/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 52. SRI. RAJANNA S/O MARI GOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.63/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 53. SRI. GOVINDAIAH S/O VENKATE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.22/10 RESIDING AT BUIAHNADODDI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 54. SRI. HUCHA SHETTY S/O DYAVA SHETTY AGED ABOUT 66 YEARS MEMBERSHIP NO.23/10 RESIDING AT BUIAHNADODDI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 55. SRI BHEEME GOWDA S/O KARI PUTTE GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.87/10 RESIDING AT SAVANDIPURA VILLAGE - 11 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 56. SRI. PIDDE GOWDA S/O SIDDE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.72/11 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 57. SRI. H.B. RAJASHEKARA S/O BASAVA LINGAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.118/11 RESIDING AT NITTURU HALASAHALLI VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 58. SRI. SRINIVAS H RAO S/O GOVINDA RAO MANE AGED ABOUT 56 YEARS MEMBERSHIP NO.35/12 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 59. SRI. K. RAJU S/O DEVE GOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.145/12 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 60. SRI. MALLAIAH S/O HOMBALAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO.147/12 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 - 12 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 61. SMT. RAJAMMANNI W/O SWAMY AGED ABOUT 48 YEARS MEMBERSHIP NO.6/13 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 62. SRI. RAJESHA S/O KENCHE GOWDA AGED ABOUT 35 YEARS MEMBERSHIP NO.70/13 RESIDING AT SAGYA SARAGURU VILLAGE NITTUR HOBLI MALAVALLI TALUK MANDYA DISTRICT-571321 63. SMT. THAYAMMA W/O BASAVE GOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.80/13 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 64. SRI. RAJANNA S/O CHIKKANNA AGED ABOUT 58 YEARS MEMBERSHIP NO.100/13 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 65. SRI. VENKATEGOWDA S/O VENKATE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.106/13 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 66. SMT. GOWRAMMA W/O VENKATE GOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.107/13 - 13 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 67. SRI. K.J. MAHADEVA SWAMY S/O JADEMADAPPA AGED ABOUT 48 YEARS MEMBERSHIP NO.109/13 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 68. SRI. SHIVA KUMARA S/O SHIVA BASAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO.8/14 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 69. SRI. MAHESH S/O SANGAIAH AGED ABOUT 38 YEARS MEMBERSHIP NO.19/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 70. SMT. C.J. HEMAVATI W/O KEMPE GOWDA N.K AGED ABOUT 40 YEARS MEMBERSHIP NO.164/14 RESIDING AT SAGYA VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 71. SRI. MAHADEVA S/O CHOWDA SHETTY AGED ABOUT 48 YEARS MEMBERSHIP NO.91/15 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 72. SMT SIDDAMMA W/O CHOWDA SHETTY - 14 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 AGED ABOUT 56 YEARS MEMBERSHIP NO.92/15 RESIDING AT KUNTHURU VILLAGE NITTUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571321 …PETITIONERS (BY SRI. MAHAMMED TAHIR A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. NITTURU VIDDODESHA PRIMARY GRAMINE AGRICULTURAL CO-OPERATIVE SOCIETY MALAVALLI TALUK, MANDYA DISTRICT-571321 REPRESENTED BY ITS CEO. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 4. THE RETURNING OFFICER, NITTURU VIDDODESHA PRIMARY GRAMINE AGRICULTURAL CO-OPERATIVE SOCIETY MALAVALLI TALUK, MANDYA DISTRICT-51428 …RESPONDENTS (BY SRI. YOGESH D. NAIL, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; NOTICE SERVED ON RESPONDENT NO.3 AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURES-C AND C1 AND - 15 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 13/07/2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED. IN WP NO. 20736/2025 BETWEEN: 1. MR. PUTTAMADAIAH S/O KARIGOOLAIAH AGED ABOUT 60 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 2. MR BOREGOWDA S/O MANCHEGOWDA AGED ABOUT 68 YEARS, RESIDING AT NITTURU, HOSADODDI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 3. MR MALLIKARJUN S/O MUNIGOWDA AGED ABOUT 63 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 4. MRS MANAGALAMMA W/O NAGARAJU AGED ABOUT 48 YEARS, RESIDING AT NITTURU, HOSADODDI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 5. MRS C ROOPA W/O SRIKANTEGOWDA AGED ABOUT 47 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 - 16 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 6. MR SHIVASHANKAR S/O CHIKKANNA AGED ABOUT 30 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 7. MR CHALUVARAJU S/O NARASIMAIAH AGED ABOUT 39 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 8. MR RAGHU S/O KEMPAIAH AGED ABOUT 38 YEARS, RESIDING AT NITTURU, HOSADODDI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 9. MR M T RADHA W/O VENKATARAMU AGED ABOUT 60 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 10. MRS NAGAMMA W/O KEMPEGOWDA AGED ABOUT 65 YEARS, RESIDING AT NITTURU, HOSADODDI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 11. MR SRIDHAR S/O SURESH AGED ABOUT 30 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 12. MR SHIVAKUMAR S/O CHOWDEGOWDA - 17 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 AGED ABOUT 28 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 13. MRS RAJAMMA W/O SEENA AGED ABOUT 52 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 14. MR N N SHASHINAG S/O NAGARAJU AGED ABOUT 30 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 15. MR CHOWDEGOWDA S/O BASAVARAJU AGED ABOUT 42 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 16. MRS INDRAMMA W/O NAGARAJU AGED ABOUT 60 YEARS, RESIDING AT NITTURU, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571421 17. MR SHIVANNA S/O KULLEGOWDA AGED ABOUT 54 YEARS, 18. MR CHIKKASWAMY S/O ANNANKAIAH AGED ABOUT 53 YEARS, 19. MR S RAJANNA S/O L SIDDEGOWDA AGED ABOUT 50 YEARS, - 18 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 20. MR SHIVANNA S/O PUTTEGOWDA @ LINGEGOWDA AGED ABOUT 51 YEARS, 21. MR BASAVARAJU S/O KEMPEGOWDA @ KADLE BUDDEGOWDA AGED ABOUT 55 YEARS, 22. MRS. P RATHNAMMA W/O CHIKKASWAMY AGED ABOUT 48 YEARS 23. MRS. S M SHOBHA W/O KRISHNAPPA AGED ABOUT 45 YEARS 24. MRS. NIGAMMA W/O MADEGOWDA AGED ABOUT 53 YEARS 25. MR. RAJANNA S/O MARIGOWDA AGED ABOUT 51 YEARS 26. MRS. CHIKKAMMA W/O LINGEGOWDA AGED ABOUT 51 YEARS 27. MRS. HONNAMMA W/O HONNAHALAGEGOWDA AGED ABOUT 57 YEARS SL.NO.17 TO 27 ARE RESIDING AT SAGYA, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 57121 28. MR. S MARIGOWDA S/O KUNDUREGOWDA AGED ABOUT 57 YEARS 29. MR. KEMPEGOWDA S/O DUMEGOWDA AGED ABOUT 56 YEARS - 19 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 30. MR. CHIKKEGOWDA S/O KUNDUREGOWDA AGED ABOUT 55 YEARS 31. MR. SANNEGOWDA S/O KUNDUREGOWDA AGED ABOUT 54 YEARS 32. MR. BASAVARAJU S/O KUNDUREGOWDA AGED ABOUT 53 YEARS 33. MR. S K RAJU S/O KUNDUREGOWDA AGED ABOUT 50 YEARS 34. MRS. RASHMI W/O CHIKKASWAMY AGED ABOUT 45 YEARS 35. MR. CHIKKABOREGOWDA S/O SIDDEGOWDA AGED ABOUT 53 YEARS 36. MR. S K SHIVA S/O KEMPAIAH AGED ABOUT 39 YEARS 37. MRS. BHAGYA W/O NAGARAJU AGED ABOUT 50 YEARS SL.NO.28 TO 37 ARE RESIDING AT SAGYA, SARAGURU KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571421 38. S/O. MR.RAJU S/O. BOMMEGOWDA AGED ABOUT 44 YEARS, RESIDING AT KANDAHALLI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571421 - 20 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 39. MR. CHIKKAHALAGEGOWDA S/O. KULLEGOWDA AGED ABOUT 55 YEARS, RESIDING AT ANKANAHALLI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571421 40. MR. MARIGOWDA S/O. CHIKKAIDEGOWDA AGED ABOUT 44 YEARS, RESIDING AT NITTURU, HALASAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571421 41. MR. H.G.BASAVARAJU S/O. GOOLIGOWDA AGED ABOUT 56 YEARS, RESIDING AT NITTURU, HALASANAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571421 42. MR. H.R.HARISH S/O. H.S.REVANNASWAMY AGED ABOUT 51 YEARS, RESIDING AT NITTURU, HALASANAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571421 43. MR. H.N.RAMESH S/O. NAGARAJEGOWDA AGED ABOUT 54 YEARS, RESIDING AT NITTURU, HALASANAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571421 44. MRS. SUNANDA W/O. ANDANIGOWDA AGED ABOUT 49 YEARS, RESIDING AT NITTURU, HALASANAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571421 - 21 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 45. MR. THIMMEGOWDA S/O. DODDAPUTTEGOWDA AGED ABOUT 55 YEARS, RESIDING AT NITTURU, HALASANAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571421 46. MRS. H.S.MANJULA W/O. REVANNASWAMY AGED ABOUT 48 YEARS, RESIDING AT N. HALASAHALLI KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571421 47. MR. S.K.NINGEGOWDA S/O. KEMPEGOWDA AGED ABOUT 70 YEARS 48. MR. L.LINGEGOWDA S/O. KENCHEGOWDA @ PUTTEGOWDA AGED ABOUT 65 YEARS 49. MR.SHIVANNA @ GOOLIGOWDA S/O.LINGEGOWDA AGED ABOUT 54 YEARS 50. MR. CHIKKEGOWDA S/O. MUDDEGOWDA AGED ABOUT 70 YEARS 51. MRS. KEMPAMMA W/O. SHIVALINGEGOWDA AGED ABOUT 55 YEARS 52. MR. PUTTALINGEGOWDA S/O. MUDDEGOWDA AGED ABOUT 65 YEARS 53. MR BASAVALINGA S/O MARIGOWDA AGED ABOUT 51 YEARS SL.NO.47 TO 53 ARE RESIDING AT SAVANDIPURA - 22 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 54. MR HANUMEGOWDA S/O RAMEGOWDA AGED ABOUT 58 YEARS 55. MR PUTTARAMU S/O HANUMEGOWDA AGED ABOUT 59 YEARS 56. MR CHIKKANNAGOWDA S/O THAMMANNAGOWDA AGED ABOUT 57 YEARS 57. MR RAMESHA S/O CHANNEGOWDA AGED ABOUT 45 YEARS 58. MRS. CHIKKATHAYAMMA W/O PUTTALINGEGOWDA AGED ABOUT 57 YEARS SL.NO.54 TO 58 ARE RESIDING AT KARADAHALLI KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 59. PUTTASWAMYGOWDA S/O N R RAMAKRISHNEGOWDA AGED ABOUT 49 YEARS, 60. MRS PUTTATHAYAMMA W/O N K VEERAPPA AGED ABOUT 55 YEARS, 61. MRS GIRIYAMMA W/O KALAHIRAIAH AGED ABOUT 52 YEARS, SL.NO.59 TO 61 ARE RESIDING AT NITTURU KASABA HOBLI, - 23 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 MALAVALLI TALUK MANDYA DISTRICT-571421 62. MR H.N MOHAN KUMAR S/O NARAYANA AGED ABOUT 42 YEARS, RESIDING AT N HALASAHALLI KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 63. MR NAGANNA S/O DESHIGOWDA AGED ABOUT 42 YEARS, RESIDING AT N HALASAHALLI KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 64. MR H B RAJASHEKAR S/O BASAVALINGAIAH AGED ABOUT 46 YEARS, RESIDING AT N NITTURU HALASAHALLI KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 65. MR CHIKKANNA S/O MAYIGEGOWDA AGED ABOUT 49 YEARS, 66. MR MALLAIAH S/O HOMBALAIAH AGED ABOUT 53 YEARS, 67. MR K V PRAKASH S/O VISHAKANTEGOWDA AGED ABOUT 50 YEARS, 68. MRS K V SHWETHA W/O LOKESH AGED ABOUT 40 YEARS, 69. MR SHIVARAJA S/O SHAMBUGOWDA AGED ABOUT 41 YEARS, - 24 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 70. MR K S SIDDEGOWDA S/O SIDDEGOWDA AGED ABOUT 45 YEARS, 71. MR K S DINESH S/O SIDDEGOWDA AGED ABOUT 40 YEARS, 72. MR SHIVAKUMAR S/O SHIVABASAPPA AGED ABOUT 46 YEARS, SL.NO.65 TO 72 ARE RESIDING AT KUNTHURU KASABA HOBLI MALAVALLI TALUK MANDYA DISTRICT-571421 73. MR CHALUVARAYASWAMY S/O CHALUVEGOWDA AGED ABOUT 52 YEARS 74. MRS LAKSHMAMMA W/O CHALUVARAYASWAMY AGED ABOUT 46 YEARS 75. MR G C KOKILA W/O H R HARISH AGED ABOUT 43 YEARS 76. MRS MEGHANA W/O MOHAN KUMAR AGED ABOUT 39 YEARS SL.NO.73 TO 76 ARE RESIDING AT NITTURU HALASAHALLI KASABA HOBLI MALAVALLI TALUK MANDYA DISTRICT-571421 77. MRS H V THOMOJAKSHI W/IO K R CHANDRU AGED ABOUT 44 YEARS, - 25 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 RESIDING AT KUNTHURU KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 78. MRS SIDDAMMA W/O CHOWDASHETTI AGED ABOUT 49 YEARS, RESIDING AT KUNTHURU KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 79. MR BHEEMEGOWDA S/O KARIPUTTEGOWDA AGED ABOUT 52 YEARS, RESIDING AT SAMANDIPURA KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 80. MR MAHESH S/O SANGAIAH AGED ABOUT 40 YEARS, RESIDING AT SAGYA, KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 81. MR RAJESH S/O KEMPEGOWDA AGED ABOUT 42 YEARS, RESIDING AT SAGYA SARAGURU KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 82. MRS PUTTAMMA W/O PUTTAMADAIAH AGED ABOUT 68 YEARS, RESIDING AT NITTURU KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571421 - 26 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 83. MRS DEVAMMA W/O CHIKKAIDEGOWDA AGED ABOUT 68 YEARS, 84. MR KARTHIK W/O BOREGOWDA AGED ABOUT 28 YEARS, 85. MRS PADMA W/O BOREGOWDA AGED ABOUT 50 YEARS, 86. MRS PRAMILA W/O RAMAKRISHNA AGED ABOUT 49 YEARS, 87. MRS PUSHPALATHA W/O PRAVEEN KUMAR AGED ABOUT 42 YEARS, SL.NO.83 TO 87 ARE RESIDING AT NITTURU HOSADODDI KASABA HOBLI MALAVALLI TALUK MANDYA DISTRICT-571421 ...PETITIONERS (BY SRI. SATHYA M.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU 560001 REPRESENTED BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC, A BLOCK SHANTHI NAGAR, BENGALURU-560027 REPRESENTED BY ITS SECRETARY - 27 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 3. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA, MANDYA DISTRICT-571401 4. RETURNING OFFICER NITTURU MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD NITTURU, MALAVALLI TALUK MANDYA DISTRICT-571421 5. NITTURU MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD NITTURU MALAVALLI TALUK MANDYA DISTRICT-571421 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT ...RESPONDENTS (BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. SANDESH T. B., ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 13.07.2025 AS PER ANNEXURE-A TO THE RESPONDENT NO.5 SOCIETY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 28 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 ORAL ORDER The petitioners in these petitions have sought for a writ in the nature of mandamus to direct the respondents to permit them to participate and vote in the elections to the respondent No.3 - Society in W.P.No.20745/2025 (respondent No.5 in W.P.No.20736/2025) scheduled on 13.07.2025 for term 2025- 2030 as per calendar of events dated 26.06.2025. 2. The petitioners contend that they are all members of Nitturu Vividdodesha Primary Grameena Agricultural Co- operative Society, Malavalli. They contend that their names were wrongly included in the list of ineligible voters without following due process as contemplated under Rule 13D of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules, 1960' for short). They contend that elections to the board of directors was scheduled on 13.07.2025 and they were excluded from participating in the elections. Therefore, they pray that a direction be issued to the respondents to include their names in the list of eligible voters. 3. The learned counsel for the petitioners reiterated the above contentions and submitted that the procedure as - 29 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 prescribed under Rule 13D of Rules, 1960 is not complied and therefore, a direction deserves to be issued to the respondents to include the names of the petitioners. He further contends that this Court had granted an interim order dated 11.07.2025 permitting the petitioners to cast their votes, which was however subject to the outcome of the writ petitions. He therefore prays that a suitable direction be issued to the respondent No.4 - Returning Officer to count the votes of petitioners and declare the results of the election. 4. The learned Additional Government Advocate submits that the issue is no longer res integra in view of the judgment of a coordinate bench of this Court in the case of H.S.Raju Vs. State of Karnataka and others [(2022) 4 AKR 775]. 5. The question whether the petitioners were improperly shown in the list of ineligible voters, cannot be gone into by this Court in proceedings under Article 226 of the Constitution of India. The grievance if any of the petitioners has to be worked out before the appropriate authority, as preparation of voters' list under Rule 13D of the Rules, 1960 is - 30 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 an integral part of the election process and any dispute regarding such preparation would invariably be a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act, 1959' for short) and the authority constituted under Section 70 of the Act, 1959 can alone decide the question regarding the validity of the electoral rolls prepared under Rules, 1960. 6. Now that the petitioners were permitted to cast their votes at the elections that were held on 13.07.2025, the petition deserves to be disposed off on similar terms as in the case of H.S.Raju, referred supra. Accordingly, these writ petitions are disposed off on the following terms: (i) The petitioners may raise a dispute under Section 70 of the Act, 1959 challenging their inclusion in the ineligible list of voters. The authority concerned shall determine the question in accordance with law after providing opportunity for all persons concerned and after hearing them. If the petitioners are found eligible to participate in the elections, then - 31 - HC-KAR NC: 2025:KHC:36433 WP No. 20745 of 2025 C/W WP No. 20736 of 2025 their votes shall be counted and the returning officer shall declare the results. If the petitioners are found to be ineligible, then the returning officer shall exclude the votes cast by the petitioners and count the other eligible votes cast and declare the result of the elections. (ii) It is made clear that this Court has not expressed any opinion on the merits of the case or regarding the list published by the respondent No.2. (iii) The petitioners shall raise a dispute before the concerned authority within a period of one month from the date of receipt of a copy of this Order, failing which the votes cast by them shall be excluded and the returning office shall declare the result of the election. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 66