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2025 DAILYLAW 40629 (KAR)

SRI H J JAYAPRAKASH v. THE STATE OF KARNATAKA

WP/17592/2025 · 2025-07-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17592 OF 2025 (CS-EL/M) BETWEEN: 1. SRI H J JAYAPRAKASH AGED ABOUT 69 YEARS S/O LATE H S JAVARE GOWDA, R/O VEERABHADRESWARA NILAYA, MANJUNATHA BADAVANE, HUNASURU TOWN - 571 105. MYSORE DISTRICT. MEMBERSHIP NO. 431 2. SRI H.J. VENKATESH AGED ABOUT 61 YEARS S/O. H.L.JAYAPPA MEMBERSHIP NO.430 3. SRI H.S. DHARMAPALA AGED ABOUT 53 YEARS S/O. LATE SUBBAIAH MEMBERSHIP NO.63 4. SMT. MEENAKSHAMMA AGED ABOUT 77 YEARS W/O. LATE SUBBE GOWDA MEMBERSHIP NO.437 5. SMT. KAMALABAI AGED ABOUT 60 YEARS W/O. M.L. AGU R/O. MANGALURU MALA HARINAHALLI POST, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 HENGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 105 6. SRI SHIVAIAH AGED ABOUT 73 YEARS S/O. LATE DEVAIAH MEMBERSHIP NO. 483 7. SMT. JAYAMMA AGED ABOUT 67 YEARS W/O. NINGARAJU MEMBERSHIP NO.398 8. SRI MARIYAIAH AGED ABOUT 74 YEARS S/O. MARIKALAIAH MEMBERSHIP NO.496 9. SMT. KALAMMA AGED ABOUT 69 YEARS W/O. MALLAIAH R MEMBERSHIP NO. 173 10. SRI KRISHNAMURTHY AGED ABOUT 62 YEARS S/O. MARIKALAIAH MEMBERSHIP NO.451 11. SRI APPAJAIAH AGED ABOUT 74 YEARS S/O. MARIKALAIAH MEMBERSHIP NO.272 12. SRI MOTA NAYKA AGED ABOUT 79 YEARS S/O. SINGRI NAYAKA MEMBERSHIP NO.123 13. SRI MARISIDDEGOWDA AGED ABOUT 74 YEARS - 3 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 S/O. KENGE GOWDA MEMBERSHIP NO. 108 14. SMT. SHARADAMMA AGED ABOUT 74 YEARS W/O. SUBBE GOWDA MEMBERSHIP NO.851 15. SRI H.S. GANESHA AGED ABOUT 59 YEARS S/O. LATE SUBBAIAH MEMBERSHIP NO.862 16. SRI RAMASWAMY H.N. AGED ABOUT 59 YEARS S/O. S. NINGAIAH MEMBERSHIP NO.75 17. SRI REVANNA AGED ABOUT 54 YEARS S/O. LATE HANUMEGOWDA MEMBERSHIP NO.436 18. SRI THIMME GOWDA AGED ABOUT 69 YEARS S/O. SANNAKARIGOWDA MEMBERSHIP NO.807 19. SRI H. RAMESHA AGED ABOUT 68 YEARS S/O. LATE H.N. HANUME GOWDA MEMBERSHIP NO.1097 20. SMT. PADMAMMA AGED ABOUT 59 YEARS W/O. H.K. KRISHNAIAH MEMBERSHIP NO.791 21. SRI PURUSHOTHAMA C.P AGED ABOUT 59 YEARS S/O. LATE PUTTAIAH - 4 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 MEMBERSHIP NO.468 22. SRI C.K. GURUMURTHY AGED ABOUT 66 YEARS S/O. LATE CHANNAKRISHNAIAH MEMBERSHIP NO.379 23. SRI C.V. KESHAVAMURTHY AGED ABOUT 81 YEARS S/O. LATE B.S. VENKATESHAIAH MEMBERSHIP NO.459 24. SRI C.N. KESHAVAMURTHI AGED ABOUT 73 YEARS MEMBERSHIP NO.300 25. SRI C.R. NAGESH AGED ABOUT 56 YEARS S/O. C.V. VENKATARAMAIAH MEMBERSHIP NO.558 26. SRI SWAMY AGED ABOUT 73 YEARS S/O. LATE LAKKAIAH MEMBERSHIP NO.447 27. SRI H.J. KRISHNE GOWDA AGED ABOUT 80 YEARS S/O. LATE JAVARE GOWDA MEMBERSHIP NO.968 28. SRI VISHALAKSHAMMA AGED ABOUT 54 YEARS W/O. KUCHELE GOWDA MEMBERSHIP NO.802 29. SMT. NINGAMMA AGED ABOUT 80 YEARS W/O. H.S. JAVARE GOWDA MEMBERSHIP NO.78 - 5 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 30. SRI JAVARE GOWDA AGED ABOUT 75 YEARS S/O. SANNE GOWDA MEMBERSHIP NO.40 31. SRI MAHADEVA H.H AGED ABOUT 55 YEARS S/O. LATE HANUME GOWDA MEMBERSHIP NO.442 32. SRI CHANDRE GOWDA AGED ABOUT 53 YEARS S/O. SANNE GOWDA MEMBERSHIP NO.332 33. SRI C.S. KUMAR AGED ABOUT 55 YEARS S/O. LATE C.K. NARASIMHAIAH MEMBERSHIP NO. 1321 34. SRI P. SWAMY AGED ABOUT 74 YEARS S/O. LATE PURUSHAIAH MEMBERSHIP NO. 1281 35. SMT. GOWRAMMA AGED ABOUT 48 YEARS W/O. CHINNE GOWDA MEMBERSHIP NO.527 36. SRI RAJE GOWDA H.P. AGED ABOUT 59 YEARS S/O. PUTTE GOWDA MEMBERSHIP NO.753 37. SMT JAYAMMA AGED ABOUT 46 YEARS W/O MAHADEVE GOWDA MEMBERSHIP NO. 550 38. SMT GOWRAMMA AGED ABOUT 37 YEARS - 6 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 , W/O NAGESHA GOWDA MEMBERSHIP NO. 446 39. SMT SHARADAMMA AGED ABOUT 59 YEARS W/O PUTTARAJE GOWDA MEMBERSHIP NO. 863 40. SRI CHANNE GOWDA AGED ABOUT 39 YEARS S/O SANNE GOWDA MEMBERSHIP NO. 1099 41. SMT H S SAKAMMA AGED ABOUT 79 YEARS W/O LATE D GIRIYAPPA MEMBERSHIP NO. 297 42. SMT GOWRAMMA AGED ABOUT 41 YEARS W/O NINGE GOWDA MEMBERSHIP NO. 146 43. SRI GIDDE GOWDA AGED ABOUT 55 YEARS S/O NINGE GOWDA MEMBERSHIP NO. 183 44. SRI CHANDRE GOWDA AGED ABOUT 54 YEARS S/O LATE NARASIMHE GOWDA MEMBERSHIP NO. 418 45. SMT SUSHEELAMMA AGED ABOUT 59 YEARS W/O RANGE GOWDA MEMBERSHIP NO. 213 46. SMT SUSHEELAMMA AGED ABOUT 65 YEARS W/O HANUME GOWDA, - 7 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 MEMBERSHIP NO. 243 47. SRI AJJE GOWDA K S AGED ABOUT 49 YEARS S/O SANNE GOWDA, MEMBERSHIP NO. 203 48. SRI KRISHNE GOWDA K M AGED ABOUT 54 YEARS S/O MALLE GOWDA K C , MEMBERSHIP NO. 175 49. SRI KUMARA AGED ABOUT 39 YEARS S/O THAMME GOWDA, MEMBERSHIP NO. 179 50. SRI RAJE GOWDA AGED ABOUT 49 YEARS S/O PURUSHE GOWDA, MEMBERSHIP NO. 484 51. SMT MAHADEVAMMA AGED ABOUT 48 YEARS W/O KARI GOWDA, MEMBERSHIP NO. 426 52. SRI MAHADEVA GOWDA AGED ABOUT 65 YEARS S/O RAME GOWDA, MEMBERSHIP NO. 113 53. SRI NINGARAJE GOWDA AGED ABOUT 47 YEARS S/O CHIKKARAME GOWDA MEMBERSHIP NO. 859 54. SMT. BORAMMA AGED ABOUT 79 YEARS W/O. RAME GOWDA MEMBERSHIP NO.119 - 8 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 55. SRI RAJE GOWDA H.P. AGED ABOUT 59 YEARS S/O. PUTTE GOWDA MEMBERSHIP NO.484 56. SRI RAMESH K.M. AGED ABOUT 44 YEARS S/O. MALLE GOWDA MEMBERSHIP NO.493 57. SRI SHIVANNE GOWDA AGED ABOUT 62 YEARS S/O. LATE CHENNE GOWDA MEMBERSHIP NO.114 58. SMT. MARISIDDAMMA AGED ABOUT 84 YEARS W/O. LATE KALAIAH MEMBERSHIP NO.33 59. SMT. JAYALAKSHMI S AGED ABOUT 50 YEARS W/O. SHANKAR T.D. MEMBERSHIP NO.50 60. SMT. MAHADEVAMMA AGED ABOUT 60 YEARS W/O. SHIVARAJU MEMBERSHIP NO.265 61. SMT. SIDDAMMA AGED ABOUT 68 YEARS W/O. K. SWAMY MEMBERSHIP NO.344 62. SRI RAMACHANDRA AGED ABOUT 62 YEARS S/O. LATE BETTAIAH MEMBERSHIP NO.369 63. SMT. BHAGYAMMA AGED ABOUT 64 YEARS W/O. LATE SRINIVASA SHETTY MEMBERSHIP NO.531 - 9 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 64. SRI CHALUVE GOWDA AGED ABOUT 64 YEARS S/O. LATE BETTE GOWDA MEMBERSHIP NO.837 65. SRI SHIVANNE GOWDA AGED ABOUT 74 YEARS S/O. LATE RUDRE GOWDA MEMBERSHIP NO.114 66. SRI DASE GOWDA AGED ABOUT 72 YEARS S/O. LATE RANGE GOWDA MEMBERSHIP NO.957 67. SMT. NEELAMMA AGED ABOUT 69 YEARS W/O. RAJE GOWDA MEMBERSHIP NO.820 68. SMT. RENUKAMMA AGED ABOUT 50 YEARS W/O. LATE SWAMYNAYAKA MEMBERSHIP NO.150 69. SMT. SHIVAMMA M.B. AGED ABOUT 64 YEARS D/O. M.B. BASAVE GOWDA MEMBERSHIP NO.1029 70. SRI NAGE GOWDA K B AGED ABOUT 62 YEARS S/O. BORE GOWDA MEMBERSHIP NO.354 71. SRI MAHADEVE GOWDA AGED ABOUT 64 YEARS S/O. JAVARE GOWDA MEMBERSHIP NO.113 - 10 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 72. SRI JAYARAME GOWDA AGED ABOUT 45 YEARS S/O. LATE RANGE GOWDA MEMBERSHIP NO.116 73. SRI SANNASWAMY GOWDA K.R. AGED ABOUT 49 YEARS S/O. RAME GOWDA K.R. MEMBERSHIP NO.115 74. SRI KENCHE GOWDA AGED ABOUT 60 YEARS S/O. RAME GOWDA MEMBERSHIP NO.117 75. SRI SATYANARAYANA C.S AGED ABOUT 74 YEARS S/O. LATE D. SURYANARAYANAPPA MEMBERSHIP NO.528 76. SRI C.K. RAMESHA AGED ABOUT 62 YEARS S/O. LATE CHANNAKESHAVAIAH MEMBERSHIP NO.378 77. SRI NAGARAJU SHETTY AGED ABOUT 69 YEARS S/O. SIDDA SHETTY MEMBERSHIP NO.210 78. SRI RAJASHEKAR J AGED ABOUT 57 YEARS S/O. JAVARE GOWDA DODDABELALU POST V. RAVANDUR HOBLI, PIRIYAPATNA TALUK, MYSORE DISTRICT - 571 108 MEMBERSHIP NO. 79. SRI PARASHURAME GOWDA - 11 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 AGED ABOUT 54 YEARS S/O. MALLE GOWDA R/O. KANAGAALU GRAMA HANGODU HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 105 MEMBERSHIP NO. 80. SRI CHIKKARAME GOWDA AGED ABOUT 82 YEARS S/O. DODA THAMME GOWDA MEMBERSHIP NO.1098 81. SMT. ANUSUYA @ VIMALA P.T. AGED ABOUT 46 YEARS W/O. LATE RAVIKUMARA MEMBERSHIP NO.884 82. SMT. MOHANKUMARI H.K. AGED ABOUT 49 YEARS W/O. KUMAR H.K. MEMBERSHIP NO.1134 83. SMT. KAMALAMMA AGED ABOUT 86 YEARS W/O. LATE HANUME GOWDA MEMBERSHIP NO.1210 84. SRI. CHIRANJEEVI H C AGED ABOUT 31 YEARS S/O. CHANDRA H.K. MEMBERSHIP NO. 1146 85. SMT. HARSHITHA H.C. AGED ABOUT 33 YEARS W/O. SUNIL D.S. MEMBERSHIP NO.1124 86. SMT. SHILPA AGED ABOUT 38 YEARS W/O. H.S. GANESH - 12 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 MEMBERSHIP NO.916 87. SMT. H.B. KALPANA AGED ABOUT 50 YEARS D/O. BORE GOWDA MEMBERSHIP NO.886 88. SRI SIDDALINGAIAH AGED ABOUT 89 YEARS S/O. LATE RACHAIAH MEMBERSHIP NO.943 89. SMT. GOWRAMMA AGED ABOUT 59 YEARS W/O. H.K. KALAIAH MEMBERSHIP NO.752 90. SRI H.K. KRISHNAIAH AGED ABOUT 79 YEARS S/O. LATE KALADASAIAH MEMBERSHIP NO.781 91. SMT. JAYAMMA AGED ABOUT 76 YEARS W/O. H.S. KAALEGOWDA MEMBERSHIP NO.1044 92. SRI PUTTE GOWDA AGED ABOUT 84 YEARS S/O. LATE RAME GOWDA MEMBERSHIP NO. 1245 93. SMT. MALLIGE AGED ABOUT 39 YEARS W/O. RAMESH GOWDA MEMBERSHIP NO.902 94. SMT. MANGALAMMA AGED ABOUT 49 YEARS W/O. KRISHNE GOWDA K.M. MEMBERSHIP NO. 1253 95. SRI CHIKKARAME GOWDA AGED ABOUT 52 YEARS - 13 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 S/O. SIDDE GOWDA MEMBERSHIP NO.1341 96. SMT. SANNAMMA AGED ABOUT 74 YEARS W/O. KULLE GOWDA MEMBERSHIP NO.953 97. SMT. JAYAMMA AGED ABOUT 63 YEARS W/O. RAJEGOWDA K.J. MEMBERSHIP NO. 1247 98. SMT. PARVATHAMMA AGED ABOUT 67 YEARS W/O. CHIKKA CHANNA NAYAKA MEMBERSHIP NO.1289 99. SRI RAJE GOWDA M.J. AGED ABOUT 35 YEARS S/O. JAVARE GOWDA MEMBERSHIP NO.923 100. SRI GOVINDE GOWDA AGED ABOUT 74 YEARS S/O LATE BORE GOWDA MEMBERSHIP NO.943 101. SMT. PADMAMMA AGED ABOUT 59 YEARS W/O. LATE VENKATACHALAIAH MEMBERSHIP NO.699 102. SMT. BHAGYAMMA AGED ABOUT 44 YEARS W/O. ASHOKA MEMBERSHIP NO.763 103. SRI RAMANAYKA M.R. AGED ABOUT 62 YEARS S/O. LATE GIRINAYKA - 14 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 MEMBERSHIP NO.966 104. SMT. SAVITHRI AGED ABOUT 44 YEARS W/O. SUBRAMANI MEMBERSHIP NO.943 105. SRI SUBRAMANYA AGED ABOUT 54 YEARS S/O. PUTTASWAME GOWDA MEMBERSHIP NO.1171 106. SMT. JYOTHI AGED ABOUT 39 YEARS W/O. RAVI KUMAR MEMBERSHIP NO. 1123 107. SMT. PUTTA GOWRAMMA AGED ABOUT 64 YEARS W/O. H.S. SHIVAPPA MEMBERSHIP NO.819 108. SMT. SANNAMMA AGED ABOUT 74 YEARS W/O. SIDDALINGAIAH MEMBERSHIP NO. 1287 109. SRI H.N. SHIVANNA AGED ABOUT 67 YEARS S/O. LATE NAGAPPA SHETTY MEMBERSHIP NO.931 110. SRI VENKATARAME GOWDA AGED ABOUT 55 YEARS S/O. LATE CHIKKANNE GOWDA MEMBERSHIP NO. 1266 111. SRI CHANDRE GOWDA AGED ABOUT 53 YEARS S/O. LATE VENKATE GOWDA MEMBERSHIP NO.1315 - 15 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 112. SRI THIMMA NAYAKA AGED ABOUT 61 YEARS S/O. KENCHA NAYAKA MEMBERSHIP NO.1028 113. SRI SUBBA SHETTY AGED ABOUT 65 YEARS S/O. LATE SANNA SHETTY MEMBERSHIP NO.305 114. SMT. KAVERAMMA AGED ABOUT 62 YEARS W/O. CHIKKARAMA SHETTY R/O. HUNSUR TALUK CHIKKUNDA, MYSORE DISTRICT PIN-571 105 115. SRI HAJ. VENKATESH AGED ABOUT 71 YEARS S/O. H.L. JAVARAPPA R/O. NO. 1887, 13TH MAIN VIJAYANAGAR II STAGE, MYSORE - 570 017. 116. SRI MAHADEVA GOWDA AGED ABOUT 69 YEARS, S/O, LATE PUTTE GOWDA R/O. KARNAGALU, HUNSUR TALUK, MYSORE DISTRICT - 570 105 117. SRI KRISHNE GOWDA AGED ABOUT 65 YEARS S/O. LAKSHME GOWDA R/O. CHIKKUNDA GRAMA HANAGOODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 105 …PETITIONERS (BY SRI. K C SHANTA KUMAR.,ADVOCATE) - 16 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA PUBLIC OFFICE BUILDINGS SAYAJI RAO ROAD, MYSORE 570 024. 3. THE ASST. REGISTRAR OF COOPERATIVE SOCIETIES MYSORE PRANTHA PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE - 560 024. 4. THE RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY NIYAMITHA CHILKUNDA, MYSORE DISTRICT - 571 105 5. THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY NIYAMITHA CHILKUNDA, MYSORE DISTRICT - 571 105 6. THE CO-OPERATIVE ELECTIONS AUTHORITY 3RD FLOOR, SHANTHINAGAR , TTMC A BLOCK, KENGAL HANUMANTHAIAH ROAD, BENGALURU - 560 027 REP. BY ITS COMMISSIONER …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6; - 17 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 SRI. GIRISH B.N. ADVOCATE FOR R5) THIS WP IS FIELD UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE R2 TO 6 INCLUDE THE NAME OF THE PETITIONER IN THE LEGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 22.06.2025 VIDE ANNEXURE –A. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 18 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 Constitution of India would not be the proper remedy 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. - 19 - HC-KAR NC: 2025:KHC:27235 WP No. 17592 of 2025 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 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 KTY List No.: 1 Sl No.: 75