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2025 DAILYLAW 45693 (KAR)

NANJUNADEGOWDA v. THE STATE OF KARNATAKA

WP/3649/2025 · 2025-02-17

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:7071 WP No. 3649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3649 OF 2025 (CS-EL/M) BETWEEN: 1. NANJUNADEGOWDA S/O. KANCHEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO. 1571 SHARE NO.214/8 2. BASAVARAJU S/O. EAREGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.0630 SHARE NO.74/4 3. MARIMADEGOWDA S/O. HURUDULIMADEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.0871 SHARE NO.95/5 4. EAREGOWDA S/O. MAYEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.1577 SHARE NO.221/8 5. MAHADEVA M S/O. MADEGOWDA AGED ABOUT 58 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7071 WP No. 3649 of 2025 MEMBERSHIP NO.3061 SHARE NO.186/15 6. KRISHANKUAMR J M S/O. MARISWAMY ABOUT 45 YEARS MEMBERSHIP NO.3963 SHARE NO.120/19 7. NANJAIAH, S/O. MALEGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.0603 SHARE NO.18/14 8. BOMMEGOWDA S/O. VEERAGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.0884 SHARE NO. 107/05 9. PUTTASWAMY KM S/O. MADEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2272 SHARE NO.40/12 10. NAGEGOWDA S/O. KARGEGOWDA AGED ABOUT 60 MEMBERSHIP NO.2895 SHARE NO.12/15 11. VEERABHADRGOWDA S/O. BASAVEGOWDA - 3 - NC: 2025:KHC:7071 WP No. 3649 of 2025 AGED ABOUT 65 YEARS MEMBERSHIP NO.5826 SHARE NO.121/24 12. JAYAMMA W/O. BASAVARAJU AGED ABOUT 55 YEARS MEMBERSHIP NO.3646 SHARE NO.48/18 13. JAVAREGOWDA @ MOTEGOWDA S/O. MUDDEGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO.3846 SHARE NO.248/18 14. MALLIKARAJUN S/O. JAVAREGOWDA @ MOTEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.3846 SHARE NO.249/18 15. EAREGOWDA S/O. EAREGOWDW GEREGPUTTEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.4913 SHARE NO.240/20 16. NAGESHAPPA K S S/O. SHIVARUDRAPPA K AGED ABOUT 49 YEARS MEMBERSHIP NO.0636 SHARE NO.55/4 17. RAMU - 4 - NC: 2025:KHC:7071 WP No. 3649 of 2025 S/O. LINGEGOWDA K C AGED ABOUT 50 YEARS MEMBERSHIP NO. 1288 SHARE NO.135/7 18. NANJUNDUSWAMY K M S/O. MAHDEVAPPA N AGED ABOUT 58 YEARS MEMBERSHIP NO.1516 SHARE NO.184/8 19. VIJAYAKUMARI, W/O. MALLIKAJUNSWAMY AGED ABOUT 52 YEARS MEMBERSHIP NO.1968 SHARE NO.180/10 20. SAROJAMMA W/O. RAMANIGEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO.3432 SHARE NO.74/17 21. MAHDEVAPPA N S/O. NANJAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.1197 SHARE NO.15/7 22. THAMMAIAH S/O. VEEREGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO.4062 SHARE NO.226/19 - 5 - NC: 2025:KHC:7071 WP No. 3649 of 2025 23. KRISHNA S/O MACHIGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.5427 SHARE NO.245/22 24. VEERAPPA K B S/O. BOREGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.5808 SHARE NO.102/24 25. SUBBEGOWDA S/O. EAREGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.4067 SHARE NO.231/19 26. RAMCHANDRA A M S/O. MAYEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 1797 SHARE NO.242/9 27. RAMAKRISHNA A M S/O. MAYEGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO. 1979 SHARE NO. 172/13 28. EAREGOWDA S/O. EAREGOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO.2077 SHARE NO.58/11 - 6 - NC: 2025:KHC:7071 WP No. 3649 of 2025 29. THEMEGOWDA T S/O. THEMEGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.1800 SHARE NO.245/9 30. SIDDEGOWDA S/O. KANCHNASJDDEGOWDA AGED ABOUT 54 YEARS MEMBERSHIP NO.2120 SHARE NO.110/11 31. CHANEGOWDA S/O. KANCHEGOWDANAJAGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO.0694 SHARE NO. 128/4 32. CHANEGOWDA S/O. DEVAGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.1229 SHARE NO.55/7 33. PUTTASWAMY K S/O. KALEGOWDA D M AGED ABOUT 50 YEARS MEMBERSHIP NO.0918 SHARE NO.146/5 34. MAHADEVA D T S/O. EAREGOWDA @THAMIAH AGED ABOUT 69 YEARS MEMBERSHIP NO.3357 SHARE NO.243/16 - 7 - NC: 2025:KHC:7071 WP No. 3649 of 2025 35. UMESH D M S/O. MARIGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.5443 SHARE NO.10/23 36. SIDDAMMA W/O. MAYEGAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.4326 SHARE NO.72/2 37. CHANNAKLAIAH S/O. MANCHKALAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.4823 SHARE NO.247/3 38. BEERAIAH S/O. CHANNAIAH AGED ABOUT 68 YEARS MEMBERSHIP NO.3776 SHARE NO.178/18 39. BORAIAH M K S/O. JOGIGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.5020 SHARE NO.99/21 40. KEMPADASAIAH T S/O. LATE THIMDASAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO.8628 SHARE NO.248/34 - 8 - NC: 2025:KHC:7071 WP No. 3649 of 2025 41. MANCHEGOWDA M E S/O. ERAEGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO.8875 SHARE NO.011/36 42. MARIGOWDA M S/O.MUNCHEGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.9022 SHARE NO.133/36 43. ANJANAIAH S/O. MARIGOWDA AGED ABOUT 62 YEARS MEMBERSHIP NO.0666 HARE NO.93/4 44. CHIKKANNA H S/O. HUCCHAGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 1758 SHARE NO. 199/9 45. SHIVAMMA W/O. BORAIAH AGED ABOUT 45 MEMBERSHIP NO.2179 SHARE NO.83183/11 46. KEMPAMMA W/O. CAHNNEGOWDA AGED ABOUT 50 YEARS MEMBERSHIP NO. 1703 SHARE NO. 138/9 - 9 - NC: 2025:KHC:7071 WP No. 3649 of 2025 47. SHANKARANNEGOWDA S/O. PUTTEGOWDA H V AGED ABOUT 58 YEARS MEMBERSHIP NO.2962 SHARE NO.81/15 48. VEERAPAGOWDA H S S/O. SWAMYGOWDA M AGED ABOUT 56 YEARS MEMBERSHIP NO.4736 SHARE NO.74/20 49. VEERANAGOWDA H R S/O. RAJEGOWDA @ THAMAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.0675 SHARE NO.104/4 50. LEELAMMA W/O. JANARADHAN AGED ABOUT 55 YEARS, MEMBERSHIP NO.0885 SHARE NO.108/5 51. MAYEGEGOWDA S/O. PUTTAIAH AGED ABOUT 60 YEARS SHARE NO.172/6 52. MAHADEVAIAH M S/O. MADEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO. 1341 SHARE NO.202/7 - 10 - NC: 2025:KHC:7071 WP No. 3649 of 2025 53. PUTTAERIAH H K S/O. MANCHEGOWDA @ KULLEGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.1719 SHARE NO.155/9 54. VEERAIAH H M S/O. MANCHAIAH AGED ABOUT 55 YEARS MEMBERSHIP NO.2364 SHARE NO.136/12 55. KARIYAPPA S/O. SUTTHANEGOWDAEREGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO.2606 SHARE NO.158/13 56. VEERANDRA H D S/O. DODDAPUTEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.5963 SHARE NO.64/25 57. SWAMI VIVEKANANDA S/O. DEWAKARASWAMY H P AGED ABOUT 55 YEARS MEMBERSHIP NO.6059 SHARE NO.153/25 58. H C PRAKESH S/O. LATE CHANNEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.6659 SHARE NO.198/27 - 11 - NC: 2025:KHC:7071 WP No. 3649 of 2025 59. EAREGOWDA S/O. KULLEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.7780 SHARE NO.229/31 60. H SHANKERE GOWDA S/O. L HANUMANTHE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO.6685 SHARE NO.224/27 ALL THE PETITIONERS ARE MEMBERS OF MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION COMMISSION NGO COLONY, WILSON GARDEN, BENGALURU 560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ALSO THE ELECTION OFFICER - 12 - NC: 2025:KHC:7071 WP No. 3649 of 2025 MANDYA-571401 4. MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 REPRESENTED BY ITS CEO REGISTERED UNDER SOCIETIES REGISTRATION ACT 1959. 5. RETURNING OFFICER AND E.O OF TALUK PANCHAYAT MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. D.M. KRISHNA, ADVOCATE FOR R4) THIS W.P. 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 ANNEXURE-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.02.2025 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 13 - NC: 2025:KHC:7071 WP No. 3649 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- i. "Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible voter list at Annexure-B and permit the Petitioners to vote in the upcoming elections to Respondent No.4 Society which is scheduled to be held on 10.02.2025 as per Annexure-A. ii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity." 2. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 10.02.2025 subject to final outcome of this petition. 3. Heard Sri Pruthvi Wadeyar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 5, Sri T.L. Kiran Kumar, learned - 14 - NC: 2025:KHC:7071 WP No. 3649 of 2025 counsel for respondent No.2 and Sri D.M. Krishna, learned counsel for respondent No.4. 4. Counsel for the petitioners submits that the election has been held as scheduled on 10.02.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13-D(2- A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.4-Society on instruction of the secretary of respondent No.4-Socierty, who is also present before the Court fairly submits that the Society has not followed the mandatory requirement of the - 15 - NC: 2025:KHC:7071 WP No. 3649 of 2025 aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70(2)(c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70(2)(c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. 1 2022 (4) AKR 775 - 16 - NC: 2025:KHC:7071 WP No. 3649 of 2025 ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 10.02.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70(2)(c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent No.4–Society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioners would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent No.4–Society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent No.4-Society is raised, the effect of holding the petitioners - 17 - NC: 2025:KHC:7071 WP No. 3649 of 2025 ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17 CT:SNN