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2025 DAILYLAW 45729 (KAR)

SMT PARVATHAMMA v. THE STATE OF KARNATAKA

WP/3600/2025 · 2025-02-24

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8332 WP No. 3600 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. 3600 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. PARAVATHAMMA W/O SHIVASWAMY, AGED ABOUT 85 YEARS, SHARE NO.0939 SENIOR CITIZEN BENEFIT NOT CLAIMED 2. SRI. LINGAPPA.G S/O GURUBASAPPA.L., AGED ABOUT 71 YEARS, SHARE NO.0968. SENIOR CITIZEN BENEFIT NOT CLAIMED 3. SRI JAYASHILAPPA S/O CHIKKAVEERAPPA, AGED ABOUT 70 YEARS, SHARE NO. 1014. SENIOR CITIZEN BENEFIT NOT CLAIMED 4. SRI.MANCHEGOWDA, S/O DHVYARASEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.1147. SENIOR CITIZEN BENEFIT NOT CLAIMED 5. SRI. MAHADEVASWAMY, S/O NANJAPPA, AGED ABOUT 65 YEARS, SHARE NO. 1181. SENIOR CITIZEN BENEFIT NOT CLAIMED 6. SRI.KEMPEGOWDA S/O SIDDEGOWDA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8332 WP No. 3600 of 2025 AGED ABOUT 80 YEARS, SHARE NO.1216 SENIOR. SENIOR CITIZEN BENEFIT NOT CLAIMED 7. SRI.GURUBASAPPA S/O MARIMADAPPA, AGED ABOUT 79 YEARS, SHARE NO. 1220. SENIOR CITIZEN BENEFIT NOT CLAIMED 8. SMT. SIDDAMMA W/O MAHADEVALAH, AGED ABOUT 80 YEARS, SHARE NO. 1221. SENIOR CITIZEN BENEFIT NOT CLAIMED 9. NANJEGOWDA @ MARISWAMY, S/O NANJUNDEGOWDA, AGED ABOUT 78 YEARS, SHARE NO. 1318. SENIOR CITIZEN BENEFIT NOT CLAIMED 10. SRI. VEERANNA S/O CHIKKAMARIDEVARU, AGED ABOUT 60 YEARS, SHARE NO. 1366. SENIOR CITIZEN BENEFIT NOT CLAIMED 11. KAPANIGOWDA.K.N. S/O NANJUNDEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.1775. SENIOR CITIZEN BENEFIT NOT CLAIMED 12. SRI. MADEGOWDA S/O MADEGOWDA, AGED ABOUT 67 YEARS, SHARE NO.1870. SENIOR CITIZEN BENEFIT NOT CLAIMED - 3 - NC: 2025:KHC:8332 WP No. 3600 of 2025 13. SRI MARAMADAYYA S/O KARAGAYYA, AGED ABOUT 70 YEARS, SHARE NO.2074. SENIOR CITIZEN BENEFIT NOT CLAIMED 14. SMT. MEENAKSHI B WO MAHADEVAPPA KM AGED ABOUT 65 YEARS, SHARE NO. 2148. SENIOR CITIZEN BENEFIT NOT CLAIMED 15. SRI MURTHY S/O MADAPPA, AGED ABOUT 65 YEARS, SHARE NO.2286. SENIOR CITIZEN BENEFIT NOT CLAIMED 16. SRI. GOVINDA S/O KALADHASITHIMMAYYA, AGED ABOUT 60 YEARS, SHARE NO.2433. SENIOR CITIZEN BENEFIT NOT CLAIMED 17. SMT. MAHADEVAMMA W/O NAGARAJAPPA, AGED ABOUT 75 YEARS, SHARE NO.2678. SENIOR CITIZEN BENEFIT NOT CLAIMED 18. SRI. RUDRASWAMY S/O JUNJAPPA, AGED ABOUT 70 YEARS, SHARE NO.3252. SENIOR CITIZEN BENEFIT NOT CLAIMED 19. SRI. MAHADEVAPPA S/O MALLAPPA, AGED ABOUT 72 YEARS, SHARE NO.3275. SENIOR CITIZEN BENEFIT NOT CLAIMED - 4 - NC: 2025:KHC:8332 WP No. 3600 of 2025 20. SRI.NANJUNADASWAMY S/O MAHADEVAPPA AGED ABOUT 70 YEARS, SHARE NO.3281. SENIOR CITIZEN BENEFIT NOT CLAIMED 21. SRI. VEERASWAMY S/O MISSIONBALAPPA, AGED ABOUT 71 YEARS, SHARE NO.2494 SENIOR CITIZEN BENEFIT NOT CLAIMED 22. SRI.MALLAPPA S/O LATE NANJAPPA, AGED ABOUT 74 YEARS, SHARE NO.5229 SENIOR CITIZEN BENEFIT NOT CLAIMED 23. SRI. THIMMA S/O THIMMA, AGED ABOUT 65 YEARS, SHARE NO.5833 SENIOR CITIZEN BENEFIT NOT CLAIMED 24. SRI. JAGADISH.K.M. S/O MARIMADAPPA, AGED ABOUT 48 YEARS, SHARE NO.6268 25. SRI. PUTTAMADAYYA S/O MADABHOVI, AGED ABOUT 70 YEARS, SHARE NO.6820 SENIOR CITIZEN BENEFIT NOT CLAIMED 26. SRI MALESHA S/O LATE MADAPPA, AGED ABOUT 65 YEARS, SHARE NO 7653 SENIOR CITIZEN BENEFIT NOT CLAIMED - 5 - NC: 2025:KHC:8332 WP No. 3600 of 2025 27. SRI GAFUR BEGU S/O KASIMBEGU. AGED ABOUT 75 YEARS, SHARE NO. 0824 SENIOR CITIZEN BENEFIT NOT CLAIMED 28. SRI. KEMPEDASEGOWDA S/O VENKATEGOWDA @ MUGEGOWDA, AGED ABOUT 71 YEARS, SHARE NO. 1135 SENIOR CITIZEN BENEFIT NOT CLAIMED. 29. SRI. SHIVABASAPPA S/O RACHAPPA, AGED ABOUT 78 YEARS, SHARE NO. 1170 SENIOR CITIZEN BENEFIT NOT CLAIMED 30. SRI. PUTTEGOWDA.M. S/O MARIGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 1282 SENIOR CITIZEN BENEFIT NOT CLAIMED 31. VENKATEGOWDA S/O GUDDEVENKATEGOWEDA, AGED ABOUT 83 YEARS, SHARE NO. 1657 SENIOR CITIZEN BENEFIT NOT CLAIMED 32. SRI. VENKATEGOWDA S/O THIMEGOWDA @ MULLEGOWDA, AGED ABOUT 75 YEARS, SHARE NO. 1882 SENIOR CITIZEN BENEFIT NOT CLAIMED. 33. SRI. MARISWAMY.L S/O MARIGOWDA @ LINGEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.2092 SENIOR CITIZEN BENEFIT NOT CLAIMED - 6 - NC: 2025:KHC:8332 WP No. 3600 of 2025 34. SMT. SANNAMMA W/O NINGEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.2152 SENIOR CITIZEN BENEFIT NOT CLAIMED. 35. SRI. SHIVASWAMY S/O LATE BALAPPA, AGED ABOUT 59 YEARS, SHARE NO.7606. 36. SRI. THIMEGOWDA S/O SUNAGAHALLIKEMPEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.2220 SENIOR CITIZEN BENEFIT NOT CLAIMED 37. SMT.MADAMMA W/O MADEGOWDA AGED ABOUT 65 YEARS, SHARE NO.2209 SENIOR CITIZEN BENEFIT NOT CLAIMED 38. SRI. MARISWAMY S/O RACHAPPA, AGED ABOUT 70 YEARS, SHARE NO.2346 SENIOR CITIZEN BENEFIT NOT CLAIMED 39. SRI.SRINIVASAMURTHY D.R. S/O RAMU, AGED ABOUT 58 YEARS, SHARE NO 2268 40. SRI PRAKASH S/O BOREGOWDA AGED ABOUT 45 YEARS SHARE NO.2876 41. SRI MAHADEVAYYA S/O CHIKKAVENKATAYYA, - 7 - NC: 2025:KHC:8332 WP No. 3600 of 2025 AGED ABOUT 67 YEARS, SHARE NO 3269 SENIOR CITIZEN BENEFIT NOT CLAIMED 42. SRI VENKATAPPA S/O KEMPEGOWDA, AGED ABOUT 52 YEARS, SHARE NO. 3382 43. SMT. KEMPAJAMMA W/O KEMPEGOWDA. D.K. AGED ABOUT 53 YEARS, SHARE NO. 3438 44. SRI SRINIVASA. S S/O SANNEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.3758 45. SRI. JAVARABHOVI S/O DHANAGURABHOVI, AGED ABOUT 75 YEARS, SHARE NO.4473. SENIOR CITIZEN BENEFIT NOT CLAIMED 46. SMT. THIMAMMA W/O HANUMABHOVI. AGED ABOUT 60 YEARS, SHARE NO.4474. SENIOR CITIZEN BENEFIT NOT CLAIMED 47. SRI. NAGEGOWDA S/O MARIGOWDA AGED ABOUT 64 YEARS, SHARE NO.4713. SENIOR CITIZEN BENEFIT NOT CLAIMED 48. SRI. RAJU S/O SIDDEGOWDA AGED ABOUT 42 YEARS, SHARE NO.4793. - 8 - NC: 2025:KHC:8332 WP No. 3600 of 2025 49. SRI. KEMPEGOWDA S/O MARIGOWDA. AGED ABOUT 78 YEARS, SHARE NO.5612 SENIOR CITIZEN BENEFIT NOT CLAIMED 50. SRI.SHIVALINGAYYA.D.M S/O MUTTEGOWDA AGED ABOUT 62 YEARS, SHARE NO.8462 SENIOR CITIZEN BENEFIT NOT CLAIMED 51. SMT. VARALAKSHMI. W/O SHIVALINGAIAH.D.M AGED ABOUT 58 YEARS, SHARE NO.8615. 52. SRI. LINGAYYA S/O BORAIAH @ MUTAYYA AGED ABOUT 64 YEARS, SHARE NO.8669. SENIOR CITIZEN BENEFIT NOT CLAIMED. 53. SMT. LAKSHMAMMA. W/O SIDDEGOWDA AGED ABOUT 58 YEARS, SHARE NO.9564. 54. SRI. RACHEGOWDA.C.K S/O KULLURACHEOGOWDA, AGED ABOUT 102 YEARS, SHARE NO. 0037 SENIOR CITIZEN BENEFIT NOT CLAIMED 55. SRI RAJU S/O MARILINGEGOWDANALINGE GOWDA AGED ABOUT 50 YEARS, SHARE NO.0553 56. SMT. NAGAMMA - 9 - NC: 2025:KHC:8332 WP No. 3600 of 2025 W/O DASAPPA V, AGED ABOUT 60 YEARS, SHARE NO.0687 SENIOR CITIZEN BENEFIT NOT CLAIMED 57. SRI. CHIKKASIDDEGOWDA S/O LINGEGOWDA. AGED ABOUT 58 YEARS, SHARE NO. 1591. 58. SMT. PREMA, W/O RACHEGOWDA. AGED ABOUT 56 YEARS, SHARE NO. 2035 59. SMT. NINGAMMA W/O MADAYYA. AGED ABOUT 60 YEARS. SHARE NO. 2041. SENIOR CITIZEN BENEFIT NOT CLAIMED 60. SMT. SIDDAMMA W/O SIDDEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.2183. SENIOR CITIZEN BENEFIT NOT CLAIMED 61. SRI. SIDDEGOWDA S/O RACHEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.2189. SENIOR CITIZEN BENEFIT NOT CLAIMED 62. SRI. PUTTARAJU S/O RACHEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.2197. SENIOR CITIZEN BENEFIT NOT CLAIMED 63. SMT. KEMPAMMA.C W/O SIDDEGOWDA.R, - 10 - NC: 2025:KHC:8332 WP No. 3600 of 2025 AGED ABOUT 55 YEARS, SHARE NO.3597. 64. SRI. RACHEGOWDA.C.S. S/O SIDDEGOWDA.M, AGED ABOUT 55 YEARS, SHARE NO.3660. 65. SRI. RAMU S/O SIDDEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.3798. SENIOR CITIZEN BENEFIT NOT CLAIMED 66. SRI.RAJU. P S/O PUTTASWAMY, AGED ABOUT 49 YEARS, SHARE NO.3837. 67. SRI. BASAVARAJU.M. S/O MADEGOWDA, AGED ABOUT 49 YEARS, SHARE NO.3838. 68. SRI. SHIVARUDREGOWDA S/O VEEREGOWDA AGED ABOUT 63 YEARS, SHARE NO.0762 SENIOR CITIZEN BENEFIT NOT CLAIMED 69. SRI SIDDEGOWDA S/O KENCHEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.2593 SENIOR CITIZEN BENEFIT NOT CLAIMED 70. SMT. KEMPAMMA @ CHIKKATHAYAMMA W/O SIDDEGOWDA, AGED ABOUT 57 YEARS, SHARE NO. 8401. - 11 - NC: 2025:KHC:8332 WP No. 3600 of 2025 71. SRI. NAGARAJAPPA. B.M. S/O MAHADEVAPPA.K. AGED ABOUT 68 YEARS, SHARE NO. 0967. SENIOR CITIZEN BENEFIT NOT CLAIMED 72. SRI BASAVANNA.B.S. S/O SIDDALINGADEVARU, AGED ABOUT 62 YEARS, SHARE NO. 1166. SENIOR CITIZEN BENEFIT NOT CLAIMED 73. SMT. RAJESHWARI S/O SIDDAPPA, AGED ABOUT 28 YEARS, SHARE NO.3930. 74. SRI. NILAYYA S/O RACHAYYA AGED ABOUT 65 YEARS, SHARE NO.4284. SENIOR CITIZEN BENEFIT NOT CLAIMED 75. SRI. MAHADEVAYYA S/O GURAVANASUBBALAH, AGED ABOUT 55 YEARS, SHARE NO.4317. 76. SRI. RACHAIAH.K S/O KOLLEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.2981. 77. SMT. BHAGYAMMA W/O MAHADEVAIAH. AGED ABOUT 50 YEARS, SHARE NO.4463. 78. SRI. NATARAJU S/O VEERATHAPPA, AGED ABOUT 62 YEARS, - 12 - NC: 2025:KHC:8332 WP No. 3600 of 2025 SHARE NO.4775. SENIOR CITIZEN BENEFIT NOT CLAIMED 79. SRI. NAGARAJU.B.S. S/O SHIVANNA.B.M. AGED ABOUT 58 YEARS, SHARE NO.5068. 80. SRI GAJENDRA S/O MAHADEVAPPA AGED ABOUT 56 YEARS, SHARE NO.7580. 81. SMT. CHANNABASAMMA W/O SHIVASWAMY, AGED ABOUT 72 YEARS, SHARE NO.0580 SENIOR CITIZEN BENEFIT NOT CLAIMED. 82. SMT. SAVITHRAMMA W/O RAJANNA, AGED ABOUT 60 YEARS, SHARE NO. 1101 SENIOR CITIZEN BENEFIT NOT CLAIMED 83. SRI. LINGEGOWDA S/O KOLLEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.2998. 84. SRI BASAVANNA C S/O CHANNABASAVADEVARU, AGED ABOUT 65 YEARS, SHARE NO 4694 SENIOR CITIZEN BENEFIT NOT CLAIMED 85. SRI. SHIVAKUMAR. N.S S/O SIDDARAMAPPA, AGED ABOUT 52 YEARS, SHARE NO. 4864. - 13 - NC: 2025:KHC:8332 WP No. 3600 of 2025 86. SMT.SHIVAMALLAMMA W/O NAGARAJAPPA, AGED ABOUT 60 YEARS, SHARE NO 4866. SENIOR CITIZEN BENEFIT NOT CLAIMED 87. SRI SHANKARAPPA S/O LATE SHIVANNA, AGED ABOUT 55 YEARS, SHARE NO. 6299. 88. SRI.N.N.SHIVANAGAPPA S/O NAGARAJAPPA, AGED ABOUT 37 YEARS, SHARE NO. 6608 89. SMT. LAKSHMAMMA W/O PUTTASWAMY.D. AGED ABOUT 55 YEARS, SHARE NO. 1809 90. SRI. RAJASHEKARASWAMY. M. B. S/O BASAVANNA, AGED ABOUT 56 YEARS, SHARE NO. 1818. 91. SRI. MAHENDRA.M S/O MADEGOWDA, AGED ABOUT 53 YEARS, SHARE NO.2729. 92. SMT. YESHODAMMA W/O HONEGOWDA.N.H. AGED ABOUT 64 YEARS, SHARE NO.3385. SENIOR CITIZEN BENEFIT NOT CLAIMED 93. SRI. VENKATARAMU.K S/O KUMARAIAH, AGED ABOUT 63 YEARS, SHARE NO.4110 - 14 - NC: 2025:KHC:8332 WP No. 3600 of 2025 SENIOR CITIZEN BENEFIT NOT CLAIMED 94. SMT. JAYAMMA W/O RACHAIAH, AGED ABOUT 65 YEARS, SHARE NO.4115 SENIOR CITIZEN BENEFIT NOT CLAIMED 95. SMT. PUTTAMADAMMA W/O ANKAIAH, AGED ABOUT 85 YEARS, SHARE NO.4318 SENIOR CITIZEN BENEFIT NOT CLAIMED. 96. SRI. MAHADEVAIAH S/O MADAIAH. AGED ABOUT 65 YEARS, SHARE NO.7763. SENIOR CITIZEN BENEFIT NOT CLAIMED 97. SMT. MAHADEVAMMA W/O LATE MALLAIAH.G, AGED ABOUT 70 YEARS, SHARE NO.7808 SENIOR CITIZEN BENEFIT NOT CLAIMED 98. SRI. THAMAIAH S/O MINNECHIKKEGOWDA, AGED ABOUT 66 YEARS, SHARE NO.8070. SENIOR CITIZEN BENEFIT NOT CLAIMED 99. SRI. JAYARAMU S/O LATE DODDAVENKATAIAH, AGED ABOUT 66 YEARS, SHARE NO 8213. SENIOR CITIZEN BENEFIT NOT CLAIMED 100. SRI MALLAYYA S/O KULLAYYA, AGED ABOUT 65 YEARS, - 15 - NC: 2025:KHC:8332 WP No. 3600 of 2025 SHARE NO.8534. SENIOR CITIZEN BENEFIT NOT CLAIMED 101. SRI. VENKATAPPA S/O VENKATEGOUDA, AGED ABOUT 75 YEARS, SHARE NO.0434. SENIOR CITIZEN BENEFIT NOT CLAIMED. 102. SRI RAJASHEKARA S/O MAHADEVAPPA, AGED ABOUT 62 YEARS, SHARE NO 2020. SENIOR CITIZEN BENEFIT NOT CLAIMED 103. SRI. NINGEGOUDA S/O VENKATEGOUDA, AGED ABOUT 65 YEARS, SHARE NO.2160. SENIOR CITIZEN BENEFIT NOT CLAIMED. 104. SRI. PUTTASWAMY S/O MALEGOUDA, AGED ABOUT 58 YEARS, SHARE NO.4792. 105. SRI.MOHAMMAD KHASIM S/O BABISAB, AGED ABOUT 70 YEARS, SHARE NO.0373. SENIOR CITIZEN BENEFIT NOT CLAIMED. 106. SMT. BHAGYAMMA W/O DEVAYYA @BALAPPA, AGED ABOUT 50 YEARS, SHARE NO.2600. 107. SRI. MAHADEVAMMA W/O LATE SIDDAYYA C N, AGED ABOUT 65 YEARS., SHARE NO.6256. - 16 - NC: 2025:KHC:8332 WP No. 3600 of 2025 SENIOR CITIZEN BENEFIT NOT CLAIMED 108. SMT. RACHAYYA S/O BASAVEGOUDA, AGED ABOUT 63 YEARS, SHARE NO.0779. SENIOR CITIZEN BENEFIT NOT CLAIMED 109. SRI. SHAMBULINGAYYA S/O BANDIGAYYA, AGED ABOUT 64 YEARS, SHARE NO.1553. SENIOR CITIZEN BENEFIT NOT CLAIMED 110. SMT. SHANTAMMA WO SHIVAMADAYYA, AGED ABOUT 54 YEARS, SHARE NO.3179. 111. SRI. MADEGOUDA S/O GURUVEGOUDA, AGED ABOUT 70 YEARS, SHARE NO.3180. SENIOR CITIZEN BENEFIT NOT CLAIMED 112. SMT. DODAMMA W/O NANJEGOUDA, AGED ABOUT 62 YEARS, SHARE NO.4745. SENIOR CITIZEN BENEFIT NOT CLAIMED 113. SRI SHIVARAMU.C S/O CHIKKAPPAJI, AGED ABOUT 58 YEARS, SHARE NO.3637 114. SRI. NAGARAJASHETTY S/O KHAJANISHETTY, AGED ABOUT 42 YEARS, SHARE NO. 6172. - 17 - NC: 2025:KHC:8332 WP No. 3600 of 2025 115. SRI. MAHADEVAYYA S/O DODDAMALLAYYA, AGED ABOUT 55 YEARS, SHARE NO. 4228. 116. SRI. PARASHIVAMURTHY S/O DODDAMALLAYYA, AGED ABOUT 52 YEARS. SHARE NO.6158. 117. SMT. PADMAMMA W/O RAMACHANDRAMURTHI AGED ABOUT 60 YEARS, SHARE NO.3408. SENIOR CITIZEN BENEFIT NOT CLAIMED. 118. SMT. MAHADEVAMMA W/O HONAMUTTAYYA, AGED ABOUT 75 YEARS, SHARE NO. 1102. SENIOR CITIZEN BENEFIT NOT CLAIMED. 119. SMT.GOWRAMMA N W/O SHIVANNA S, AGED ABOUT 74 YEARS, SHARE NO.4217. SENIOR CITIZEN BENEFIT NOT CLAIMED 120. SRI. MAHADEVAYYA S/O MADAYYA AGED ABOUT 65 YEARS, SHARE NO.4510. SENIOR CITIZEN BENEFIT NOT CLAIMED 121. SRI. VINAYAKUMAR. S. P S/O CHINTRAYYA SV, AGED ABOUT 50 YEARS, SHARE NO.7201. 122. SRI. SHANKAR.S S/O SIDDAYA M - 18 - NC: 2025:KHC:8332 WP No. 3600 of 2025 AGED ABOUT 62 YEARS, SHARE NO.8216. SENIOR CITIZEN BENEFIT NOT CLAIMED 123. SRI. MAHADEVAYYA.S S/O SANNAYYA M, AGED ABOUT 72 YEARS, SHARE NO.8235. SENIOR CITIZEN BENEFIT NOT CLAIMED 124. SRI. NAGARAJU S/O VENKATARAMANAYYA, AGED ABOUT 55 YEARS, SHARE NO.3965. 125. SRI. PARAMESH. S. D S/O DEVEGOWDA K S, AGED ABOUT 45 YEARS, SHARE NO.4053. 126. SRI. BHADRAYYA S/O RUDRAYYA B, AGED ABOUT 80 YEARS, SHARE NO. 1360. SENIOR CITIZEN BENEFIT NOT CLAIMED 127. SRI. SUVARANA. N S/O NARASIMHAYYA.C, AGED ABOUT 42 YEARS, SHARE NO.2326. 128. SRI. NAGARAJU. H. M S/O MARIMADEGOWDA.H.M. AGED ABOUT 70 YEARS, SHARE NO.3077 SENIOR CITIZEN BENEFIT NOT CLAIMED. 129. SRI. NARASIMHAYYA S/O CHELUVAYYA D.N. AGED ABOUT 75 YEARS, SHARE NO.3073. - 19 - NC: 2025:KHC:8332 WP No. 3600 of 2025 SENIOR CITIZEN BENEFIT NOT CLAIMED 130. SRI. NAGARAJU S/O MADAPPA.H.D, AGED ABOUT 56 YEARS, SHARE NO.3505. 131. SRI. BASAVARAJU S/O NINGEGOUDA, AGED ABOUT 60 YEARS, SHARE NO.3852. SENIOR CITIZEN BENEFIT NOT CLAIMED 132. SRI. SHIVALINGAYYA S/O KULLEGOUDA, AGED ABOUT 60 YEARS, SHARE NO. 5348. SENIOR CITIZEN BENEFIT NOT CLAIMED 133. SRI. SHIVAMURTHI S/O CHIKANANJAPPA, AGED ABOUT 53 YEARS, SHARE NO.5759. 134. SRI. SUNDRAPPA S/O GURAPA, AGED ABOUT 60 YEARS, SHARE NO.5932. SENIOR CITIZEN BENEFIT NOT CLAIMED 135. SRI. MADANKUMAR. K. M S/O MADAYYA, AGED ABOUT 42 YEARS, SHARE NO.6086. 136. SRI. CHANDRAPPA S/O PUTTARACHAPA. AGED ABOUT 70 YEARS., SHARE NO.6147. SENIOR CITIZEN BENEFIT NOT CLAIMED - 20 - NC: 2025:KHC:8332 WP No. 3600 of 2025 137. SRI. GIRISH S/O SHIVANNA, AGED ABOUT 47 YEARS., SHARE NO.7693. 138. SRI. CHIDANANDA K S S/O SHIVABASAPPA, AGED ABOUT 58 YEARS, SHARE NO.7693. 139. SRI. SOMANNA S/O MARIDEVARU, AGED ABOUT 65 YEARS., SHARE NO.1245. SENIOR CITIZEN BENEFIT NOT CLAIMED 140. SMT. RUDRAMMA W/O MAHADEVAPPA. AGED ABOUT 69 YEARS, SHARE NO. 2358. SENIOR CITIZEN BENEFIT NOT CLAIMED 141. SRI. SOMANNA K M S/O MADAPPA, AGED ABOUT YEARS, SHARE NO.2939. 142. SRI. NANJUNDAYYA S/O MADYYA AGED ABOUT 64 YEARS, SHARE NO.4576. SENIOR CITIZEN BENEFIT NOT CLAIMED 143. SRI. CHIKKABASAVEGOWDA S/O KARIGOWDA, AGED ABOUT 70 YEARS, SHARE NO.712. SENIOR CITIZEN BENEFIT NOT CLAIMED 144. SMT. JAYAMMA W/O RAJANNA D H. - 21 - NC: 2025:KHC:8332 WP No. 3600 of 2025 AGED ABOUT 50 YEARS., SHARE NO.3592 145. SRI. DODDALINGEGOWDA S/O MARIGOWDA, AGED ABOUT 50 YEARS, SHARE NO.3824. 146. SRI.CHIKKANNA S/O SIDEGOWDA @ CHIKKANNA, AGED ABOUT 75 YEARS, SHARE NO.3992. SENIOR CITIZEN BENEFIT NOT CLAIMED 147. SRI. BASAVANNA S/O MAHANTADEVARU, AGED ABOUT YEARS, SHARE NO.0030. 148. SRI. SHIVASWAMY S/O GURUMALLADEVARU, AGED ABOUT 56 YEARS., SHARE NO.0732. 149. SRI. BASAVANNA S/O MARISWAMY. AGED ABOUT 48 YEARS, SHARE NO.0806. 150. SRI. SHIVAPPA S/O BASAPPA. AGED ABOUT 39 YEARS, SHARE NO. 1159. 151. SRI. MARIMADAPPA S/O MARIBASAPPA, AGED ABOUT 42 YEARS, SHARE NO. 1162. 152. SMT. DEVIRAMMA W/O MAHADEVAPPA, - 22 - NC: 2025:KHC:8332 WP No. 3600 of 2025 AGED ABOUT 59 YEARS., SHARE NO. 1212. 153. SMT. BAVARAJAMMA W/O NANJUNDAPPA. AGED ABOUT 60 YEARS, SHARE NO. 1872. 154. SRI.MALLANNA. T. V S/O VIRATTADEVARU, AGED ABOUT 57 YEARS., SHARE NO.2685. 155. SRI SHIVAKUMAR T S S/O SHIVAPPA, AGED ABOUT 51 YEARS, SHARE NO.3176. 156. SRI. NAGARAJU S/O MAHADEVAPPA, AGED ABOUT 55 YEARS, SHARE NO.3198. 157. SMT. CHIKKAMMA W/O BASAVARAJU, AGED ABOUT 41 YEARS, SHARE NO.2674. 158. SRI. MAHADEVAPPA S/O MARIMADAPPA, AGED ABOUT 48 YEARS., SHARE NO.7674. 159. SRI. JAGADISH K J S/O GURUBASAPPA, AGED ABOUT 59 YEARS., SHARE NO.8275. 160. SRI. MALLESH S/O GURUBASAPPA, AGED ABOUT 59 YEARS, SHARE NO.0668. - 23 - NC: 2025:KHC:8332 WP No. 3600 of 2025 ALL ARE THE MEMBERS OF THE MALAVALLI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MALAVALLI-AT/TALUK, MANDYA DISTRICT-571 430. …PETITIONERS (BY SRI. RAVINDRANATH M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. THE MALAVALLI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MALAVALLI-AT/TALUK, MANDYA DISTRICT – 571 430. REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, THE MALAVALLI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., MALAVALLI-AT/TALUK, MANDYA DISTRICT – 571 430. …RESPONDENTS (BY SRI.YOGESH D NAIK,AGA FOR R1 & R4, SRI. T.L KIRAN KUMAR, ADVOCATE FOR R2, SRI. D.M. KRISHNA, ADVOCATE FOR R3) - 24 - NC: 2025:KHC:8332 WP No. 3600 of 2025 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 ANNX-C AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-3 BANK WHICH IS SCHEDULED TO BE HELD ON 10.02.2025. 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 for the following prayers:- “1. Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible voter list at Annexure-C, and permit the Petitioners to vote in the upcoming elections to Respondent No.3 Bank which is scheduled to be held on 10-02- 2025. 2. 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 - 25 - NC: 2025:KHC:8332 WP No. 3600 of 2025 the election scheduled on 10.02.2025 subject to final outcome of this petition. 3. Heard Sri Ravindranath M, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri D M Krishna, learned counsel for respondent No.3. 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 - 26 - NC: 2025:KHC:8332 WP No. 3600 of 2025 should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.3-Society fairly submits that the society has not followed the mandatory requirement of the 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 1 2022 (4) AKR 775 - 27 - NC: 2025:KHC:8332 WP No. 3600 of 2025 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 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 – 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 petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. - 28 - NC: 2025:KHC:8332 WP No. 3600 of 2025 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 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 YKL List No.: 1 Sl No.: 75