Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1573 OF 2025 (CS-EL/M) BETWEEN:
1. HEMALATHA H.N., W/O. S.M.VISHNUMURTHY, AGED ABOUT 68 YEARS, R/AT. M.K. ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200007, SL NO.1. 2. CHOODAMANI M.V., S/O. VENKATAPPA GOWDA, AGED ABOUT 65 YEARS, R/AT. MANGALA VILLAGE, HULKODU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200023, SL NO. 6. 3. KAMALAKSHI @ KAMALAMMA, W/O. KUNDAIAH GOWDA K.H., AGED ABOUT 77 YEARS, R/AT. MANDAKA, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200038, SL NO.9. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
4. ANWAR, S/O. SAJAN SAB, AGED ABOUT 60 YEARS, R/AT. C.K. ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200046, SL NO.12. 5. SHANMUKAPPA H.P., S/O. PARVATHAPPA GOWDA, AGED ABOUT 72 YEARS, R/AT. HALAVANAHALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200060, SL NO.13. 6. SHESHAPPA @ GIRI, S/O. TEEKAPPA, AGED ABOUT 68 YEARS, R/AT.HALAVANAHALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200097, SL NO.19. 7. NAGAPPA K.S, S/O. SUBBAIAH GOWDA, AGED ABOUT 65 YEARS, MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200099, SL NO.20. - 3 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
8. YOGENDRAPPA, S/O. SHESHANNAGOWDA, AGED ABOUT 80 YEARS, R/AT. HALAVANAHALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200108, SL NO.21. 9. SHIVAPPA GOWDA K., S/O. KRISHNAPPA GOWDA, AGED ABOUT 82 YEARS, R/AT. KOLIGE VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200131, SL NO.24. 10. MAHESH, S/O. BILIYA NAIK, AGED ABOUT 52 YEARS, R/AT. HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 422. SHARE NO.2200141, SL NO.26. 11. RAMACHANDRA, S/O. MANJAPPA, AGED ABOUT 78 YEARS, R/AT. DIDIGE, HALAVANAHALLI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200215, SL NO.33. - 4 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
12. AKBAR, S/O. HAYAT SAB, AGED ABOUT 45 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200220, SL NO.35. 13. GURUMURTHY H.L., S/O. LOKANNA GOWDA, AGED ABOUT 60 YEARS, R/AT.
HALAVANAHALLI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200231, SL NO.38. 14. RANAGPPA GOWDA, S/O. DUGGANNAGOWDA, AGED ABOUT 90 YEARS, R/AT. MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200239, SL NO.41. 15. PRAKASH K.R., S/O. REVANNA K.V., AGED ABOUT 65 YEARS, R/AT. BASAVANA BEEDI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200249, SL NO.44. - 5 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
16. PRASHANTH K.R., S/O. REVANNA K.V., AGED ABOUT 48 YEARS, R/AT. BASAVANA BEEDI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200250, SL NO.45. 17. MYMUNBI @ MYMUNNISA, W/O. MOHD. IBRAHIM SAB, AGED ABOUT 70 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200264, SL NO.50. 18. PARVATHAPPA GOWDA, S/O. MALLAPPA GOWDA, AGED ABOUT 75 YEARS, R/AT. MANDAKA, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200297, SL NO.58. 19. PRAVEEN KUMAR M.P., S/O. PARVATHAPPA M.
AGED ABOUT 42 YEARS, R/AT. MANDAKA, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200298, SL NO.59. - 6 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
20. GIRIRAJ H.G., S/O. GANGAIAH GOWDA, AGED ABOUT 76 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200299, SL NO.60. 21. MALLIKARJUNAPPA M., S/O. MALLAPPA, AGED ABOUT 70 YEARS, R/AT.MANDAKA, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200300, SL NO.61. 22. LAKSHMAMMA, W/O. GIRIYAPPA NAYAK, AGED ABOUT 66 YEARS, R/AT. DINDINAKOPPA, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200330, SL NO.69. 23. THOKAPPA GOWDA, S/O. THIMMANNA GOWDA, AGED ABOUT 82 YEARS, R/AT. MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200332, SL NO.70. - 7 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
24. RAJAGOPALACHARI D., S/O. DUGGAPPACHARI, AGED ABOUT 50 YEARS, R/AT. MELINA KADAGODU, DEMLAPURA, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200365, SL NO.81. 25.
RAMESH K.N., S/O. NAGAPPAGOWDA, AGED ABOUT 66 YEARS, R/AT. MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200369, SL NO.84. 26. SUDHIR C.S., S/O. C. SUBBA RAO, AGED ABOUT 60 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200429, SL NO.99. 27. SRINIVASA K.T., S/O. THIMMAIAH GOWDA, AGED ABOUT 65 YEARS, R/AT. MAKKIBYLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200463, SL NO.104. - 8 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
28. CHANDRASHEKAR GOWDA M.R., S/O. RAMAIAH GOWDA, AGED ABOUT 62 YEARS, R/AT. HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200474, SL NO.105. 29. SRINIVAS K.N., S/O. NAGANNA GOWDA, AGED ABOUT 70 YEARS, R/AT. KUKKANAKODIGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200477, SL NO.106. 30. JALAJAKSHI, W/O. ANANDA, AGED ABOUT 65 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200481, SL NO.107. 31. KOMALA @ KOLLURAMMA, W/O. KRISHNA, AGED ABOUT 53 YEARS, R/AT. SONAGARAKERI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200488, SL NO.112. - 9 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
32. FAREEDA, W/O. HAYATH SAB, AGED ABOUT 46 YEARS, R/AT. MAIN ROAD, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422, SHARE NO.2200489, SL NO.113. 33. YASHODAMMA, W/O. BARMAIAH GOWDA, AGED ABOUT 75 YEARS, R/AT. KOLIGA VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200495, SL NO.115. 34. GANGA NAIK, S/O. RAMA NAIK, AGED ABOUT 65 YEARS, R/AT. HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200530, SL NO.119. 35. JAYANNA S.G., S/O. LATE GUNDAPPAGOWDA, AGED ABOUT 60 YEARS, R/AT. SHANKARAHALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200546, SL NO.122. 36. DEVAMMA, W/O. KADANNA,
- 10 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
AGED ABOUT 85 YEARS, R/AT. KALGADDE VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422.
SHARE NO.2200552, SL NO.123. 37. PRAHALAD S.S., S/O. SUBBAIAH GOWDA, AGED ABOUT 66 YEARS, R/AT. HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200573, SL NO.129. 38. GURUMURTHY H.R., S/O. RAMACHANDRAIAH H.M., AGED ABOUT 66 YEARS, R/AT. HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200574, SL NO.130. 39. RATHANAMMA, W/O.YELLAPPA, AGED ABOUT 75 YEARS, R/AT.HALAVANAHALLI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200575, SL NO.131. 40. MANJUNATHA K.N., S/O. NAGANNAGOWDA, AGED ABOUT 65 YEARS, R/AT. KUKKANAKODIGE,
- 11 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200590, SL NO.133. 41. VEERABADHRAPPA, S/O. BARAMA NAIKA, AGED ABOUT 75 YEARS, R/AT. SHANKARAHALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200591, SL NO.134. 42. BINDU H.R., W/O. LATE SHRIKANTA, AGED ABOUT 55 YEARS, R/AT. KATTEKOPPA, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200600, SL NO.135. 43. SUBRAMANYA H.R., S/O. RAMACHANDRAIAH, AGED ABOUT 61 YEARS, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200610, SL NO.138. 44. SUDHAKARA K.L., S/O. LINGAPPAGOWDA, AGED ABOUT 65 YEARS, R/AT. KOLIGE, KONANDUR POST, THIRTHAHALLI TALUK,
- 12 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200643, SL NO.148. 45. NAGAVENI, W/O. DAKAPPAGOWDA, AGED ABOUT 75 YEARS, R/AT. HULKODU VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200657, SL NO.151. 46. JALAJAMMA @ JAJAMMA, W/O. RUDRANNAGOWDA, AGED ABOUT 85 YEARS, R/AT. HORABYLU VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200659, SL NO.152. 47. LAKSHMANA, S/O. CHINNAPPA, AGED ABOUT 70 YEARS, R/AT. SANNIKOPPA VILLAGE, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200673, SL NO.153. 48. GIRIJAMMA, W/O. LOKANAIKA, AGED ABOUT 70 YEARS, R/AT.
KAMAKODU VILLAGE, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK,
- 13 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200676, SL NO.154. 49. SHRI. SHA.BRA. SHRIPATI PANDITARADYA SHIVACHARYA MAHASWAMIGALU, S/O. SANNASIDDALINGAIAH T.M.
AGED ABOUT 55 YEARS, R/AT. SHRI SHIVALINGESHWARA BRHUNMATA, BASAVANABEEDI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200678, SL NO.155. 50. PADMAVATHI, W/O. NEELANAIKA, AGED ABOUT 72 YEARS, R/AT. KANUSARA, HOSAKOPPA, HAADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200682, SL NO.156. 51. RATHANAMMA, W/O. PUTTANAIK, AGED ABOUT 70 YEARS, R/AT. KAMAKODU VILLAGE, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200684, SL NO.158. 52. RANGAPPA H.L., S/O. LOKANNAGOWDA, AGED ABOUT 65 YEARS, R/AT. KOLIGE, KONANDUR POST,
- 14 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200693, SL NO.159. 53. JAYASHANKAR PATEL S.R., S/O. RAJASHEKAR S.H., AGED ABOUT 40 YEARS, R/AT. SHANKARALLI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200727, SL NO.163. 54. RATHNAMMA, W/O. GOPALA GOWDA, AGED ABOUT 70 YEARS, R/AT. KEREKODI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200732, SL NO.166. 55. GAYATHRI K.S., W/O. SADASHIVAPPA H.M., AGED ABOUT 65 YEARS, R/AT. HADIGALLU VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200748, SL NO.169. 56. RATHNAMMA, W/O. SUBBANNA, AGED ABOUT 68 YEARS, R/AT. MAKKIBYLU VILLAGE, KONANDUR POST,
- 15 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200757, SL NO.174. 57. VAGDEVI, W/O. SHANKARAPPAGOWDA, AGED ABOUT 60 YEARS, R/AT. SHANKARALLI, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200799, SL NO.185. 58. VENKATARAMANA H.R., S/O. HADIGALLU RAMAPPA, AGED ABOUT 55 YEARS, R/AT HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200820, SL NO.191. 59. KIRAN K.P., S/O. PRAKASH K.R., AGED ABOUT 27 YEARS, R/AT. BASAVANABEEDI, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422.
SHARE NO.2200821, SL NO.192. 60. MAHESH K.P., S/O. PRAKASH K.R., AGED ABOUT 25 YEARS, R/AT. BASAVANABEEDI, KONANDUR POST, THIRTHAHALLI TALUK,
- 16 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200822, SL NO.193. 61. SHIVAPPA M., S/O. RUDARAPPA, AGED ABOUT 57 YEARS, R/AT. MEENUMANEKOPPA VILLAGE, HADIGALLU, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. SHARE NO.2200210, SL NO.203. …PETITIONERS (BY SRI. SUNIL KUMAR B N., ADVOCATE) AND:
1. DEPARTMENT OF CO-OPERATION, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. - 17 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRTHALLI SUB-DIVISION, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 432. 5. THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., AND AGRICULTURE OFFICER, AGRAHARAHOBLI, KONANDURU POST, THIRTHHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. 6. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KONANDURU POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 422. (A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959), REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3, R4 AND R5;
SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2;
R6 SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNEXURE - B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE
- 18 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
ELECTIONS TO THE R-6 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioners are seeking the following prayer:-
"Issue a writ of mandamus directing the respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list produced at Annexure-B and permit the petitioners to cast their votes in the elections to the respondent No.6 which is scheduled to be held on 02.02.2025 at Annexure-A".
2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition.
3. Heard Sri Sunil Kumar B.N., learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for
- 19 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
respondent Nos.1, 3 to 5 and Sri T.L. Kiran Kumar,
learned counsel for respondent No.2.
4. Respondent No.6 though served has chosen to remain absent.
5. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes.
6. 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.
- 20 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
7. No material is forthcoming to indicate the compliance of aforementioned rules. 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.
ii. The Returning Officer to count the votes, including the votes cast by petitioners and
1 2022 (4) AKR 775
- 21 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
announce the results of the election, which was scheduled on 02.02.2025.
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 – 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 – 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-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results
- 22 -
NC: 2025:KHC:8297 WP No. 1573 of 2025
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
PSJ List No.: 2 Sl No.: 30