Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8475 WP No. 3317 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. 3317 OF 2025 (CS-EL/M) BETWEEN:
1. SIDDAIAH S/O. SIDDURE GOWDA AGED ABOUT 75 YEARS SHARE NO. 169/1
2. MALLESH S/O. SANNAIAH AGED ABOUT 48 YEARS SHARE NO.15/2
3. LAALINGAMMA W/O. VEERABHADRAIAH AGED ABOUT 75 YEARS SHARE NO.24/3
4. MARIJOGGAIAH S/O. KATAKAIAH AGED ABOUT 72 YEARS SHARE NO.48/3
5. MADAIAH S/O. MANCHAIAH AGED ABOUT 71 YEARS SHARE NO.75/3
6. K.B BORAIAH S/O. KATAKAIAH
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8475 WP No. 3317 of 2025
AGED ABOUT 58 YEARS SHARE NO.161/3
7. MANGALAMMA W/O. MADASHETYY AGED ABOUT 52 YEARS SHARE NO.139/3
8. NANJUNDAMMA W/O. LATE MARIMADAIAH AGED ABOUT 55 YEARS SHARE NO.56/4
9. SIDDARAMU S/O. HOMBAIAH AGED ABOUT 52 YEARS SHARE NO.162/3
10. DEEPAK KUMAR C S/O. CHANDRAMOULI AGED ABOUT 32 YEARS SHARE NO.57/4
11. KRISHNARAJE ARASU S/O. K LINGARAJ ARASU AGED ABOUT 52 YEARS SHARE NO. 189/3
12. MALLARAJE ARASU S/O. LATE CHANNARAJE ARASU AGED ABOUT 72 YEARS SHARE NO.16/1
13. A S SIDDAACAHRI S/O LATE SIDDAACAHRI AGED ABOUT 74 YEARS
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SHARE NO.73/1
14. SUBBARAJE ARASU S/O SUBBARAJE ARASU AGED ABOUT 56 YEARS SHARE NO.32/2
15. RATHNMANI W/O. KANTHRAJE ARASU AGED ABOUT 55 YEARS SHARE NO. 120/2
16. K RAGHU S/O. KAVERAIAH AGED ABOUT 35 YEARS SHARE NO.132/2
17. DODDASIDAMMA W/O. GURU SIDDAIAH AGED ABOUT 68 YEARS SHARE NO.179/2
18. JAYAMMA W/O. GURUMADAIAH AGED ABOUT 52 YEARS SHARE NO. 167/2
19. MADAIAH S/O. LATE MANCHAIAH AGED ABOUT 72 YEARS SHARE NO.75/3
20. A.S THEJAMANI W/O B BORAIAH AGED ABOUT 52 YEARS SHARE NO.78/3
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21. NAGARATHNAMANI W/O SUBBARAJE ARASU S AGED ABOUT 65 YEARS, SHARE NO. 109/3
22. S SIDDARAJU S/O SIDDAIAH AGED ABOUT 52 YEARS SHARE NO. 114/3
23. RAJESHWARAMMANI W/O NAGARAJE ARASU AGED ABOUT 52 YEARS SHARE NO.132/3
24. RATHNAMMA W/O LATE H RAMAIAH AGED ABOUT 58 YEARS SHARE NO.6/13
25. JAVARAIH S/O HONNEGOWDA AGED ABOUT 58 YEARS SHARE NO. 186/1
26. NINGAMMA W/O CHIKKA ERAIAH AGED ABOUT 56 YEARS SHARE NO.11/2
27. CHENNAMMA W/O MARIRAYYA AGED ABOUT 62 YEARS SHARE NO.13/2
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28.
SHIVARAMAU S/O CHUNCHAYYA @ THISIYAYYA AGED ABOUT 58 YEARS SHARE NO. 126/2
29. RAMIRAYYA S/O CHIKKAYYA AGED ABOUT 61 YEARS SHARE NO. 181/2
30. P SUMANGALA W/O B.L SHIVARUDRAIAH AGED ABOUT 48 YEARS SHARE NO. 126/11
31. M.S SWARNALATHA W/O MANTE LINGAIAH AGED ABOUT 48 YEARS SHARE NO.137/14
32. SANNAMMA W/O PUTTA SHETTY AGED ABOUT 52 YEARS SHARE NO.162/14
33. RATHNAMMA W/O LATE BASAVARAJAPPA AGED ABOUT 58 YEARS SHARE NO.26/1
34. NAGALINGAMMA W/O NAGAPPA AGED ABOUT 65 YEARS SHARE NO.40/1
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35. HUNTHURAIAH @ CHIKKANNA S/O LATE MARAIAH AGED ABOUT 78 YEARS SHARE NO.42/1
36. HUNTHUARAIAH S/O LATE MARAIAH AGED ABOUT 72 YEARS SHARE NO.43/1
37. RATHNAMMA W/O BASAVARAJAIAH AGED ABOUT 68 YEARS SHARE NO.26/1
38. K. SHIVAKUMARA SWAMY S/O LATE B KEMPAIAH AGED ABOUT 55 YEARS SHARE NO. 134/1
39. SARASAMMA W/O HUNTHURAIAH AGED ABOUT 64 YEARS SHARE NO.8/2
40. HUNTHURAIAH S/O LATE MARIYAYYA AGED ABOUT 48 YEARS SHARE NO. 195/2
41. SUDHA W/O LATE M.P ASHWATH AGED ABOUT 49 YEARS SHARE NO.119/3
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42. RAMESH H S/O LATE HUCHAARASAYYA AGED ABOUT 45 YEARS SHARE NO.28/4
43. CHOWDAMMA W/O LATE RUDRA SHETTY AGED ABOUT 60 YEARS SHARE NO. 141/14
44. GIRIJAMMA W/O LATE MADAIAH AGED ABOUT 75 YEARS SHARE NO.51/2
45. K SATISH KUMAR S/O LATE KEMPAIAH AGED ABOUT 52 YEARS SHARE NO.62/2
46. B. NAGESH S/O LATE BASAVARAJAPPA AGED ABOUT 55 YEARS SHARE NO.86/2
47. KULADEEP R S/O RATHNAPPA AGED ABOUT 38 YEARS SHARE NO.103/2
48. MAHADEAVAIAH S/O LATE MARIMADAIAH AGED ABOUT 70 YEARS SHARE NO.165/2
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49. SHIVAMMA W/O RACHAPPA AGED ABOUT 55 YEARS SHARE NO.169/2
50. RATHNAMMA W/O LATE MAHADEAVAIAH AGED ABOUT 62 YEARS SHARE NO. 183/2
51. GEETHA W/O MAHADEVA SWAMY AGED ABOUT 52 YEARS SHARE NO.185/2
52. MADALAMBIKE W/O LATE NANJUNDA AGED ABOUT 58 YEARS SHARE NO.
188/2
53. MAHADEVAMMA W/O LATE NANJUNDAPPA AGED ABOUT 55 YEARS SHARE NO. 190/2
54. RATHNAMMA W/O CHIKKALINGAIAH AGED ABOUT 68 YEARS SHARE NO. 191/2
55. HUNTHURAIAH S/O LATE MARUAYAYYA AGED ABOUT 48 YEARS SHARE NO.195/2
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56. S YASHODHA W/O C.N SURESH AGED ABOUT 55 YEARS SHARE NO.197/2
57. LEELAMBIKA W/O MAHADEVAPPA AGED ABOUT 54 YEARS SHARE NO.51/3
58. NAGAMMA D/O LATE DODAA MANTI SIDDAIAH AGED ABOUT 62 YEARS SHARE NO.33/3
59. NINGAMMA W/O S LINGADEAVARU AGED ABOUT 74 YEARS SHARE NO.80/3
60. C.M GEETHA W/O MALLIKARJUNA SWAMY AGED ABOUT 50 YEARS SHARE NO. 131/3
61. SIDDARAJAMMA W/O LATE MANTE LINGAPPA AGED ABOUT 62 YEARS SHARE NO.142/3
62. NAGARAJU S/O DHODA SIDDAIAH AGED ABOUT 58 YEARS SHARE NO. 186/3
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63. MAHESH S/O MADAIAH AGED ABOUT 50 YEARS SHARE NO.195/3
64. MANJU C N S/O LATE NAGARAJU AGED ABOUT 48 YEARS SHARE NO. 198/3
65. GOWRAMMA W/O PUTTASIDDAIAH AGED ABOUT 56 YEARS SHARE NO. 10/14
66. MAHADEVAMMA W/O C.S NAGARAJAIAH AGED ABOUT 68 YEARS SHARE NO.33/4
67. MAHADEVAPPA S/O RUDRAIAH AGED ABOUT 55 YEARS SHARE NO.44/4
68. BHAGYAMMA W/O C.L NAGARAJU AGED ABOUT 58 YEARS SHARE NO.46/4
69. KEMPAMMA W/O LATE KARIMUDDAIAH AGED ABOUT 76 YEARS SHARE NO.48/4
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70. C.S SHIVANAGU S/O LATE SUBBAPPA AGED ABOUT 58 YEARS SHARE NO.59/4
71. SHANTHAMMA W/O MAHADEVU AGED ABOUT 63 YEARS SHARE NO.178/4
72. THILAKAVATHI W/O SIDDALINGAIAH AGED ABOUT 63 YEARS SHARE NO.85/4
73. SHIVARUDRAMMA W/O LATE SHIVAMALLAPPA AGED ABOUT 68 YEARS SHARE NO.98/4
74. CHENNAMANJU S/O LATE HONNA BHUSIYA AGED ABOUT 55 YEARS SHARE NO.160/14
75. CHENNACHARI S/O KEMCHACHARI AGED ABOUT 60 YEARS SHARE NO.200/14
76. CHIKKAMMA W/O LATE RAMAIAH AGED ABOUT 70 YEARS SHARE NO. 166/1
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77. PUTTASWAMACHARI S/O LATE ANKACHARI AGED ABOUT 60 YEARS SHARE NO.29/2
78.
MALLAMMA W/O NAGAIAH AGED ABOUT 55 YEARS SHARE NO.63/2
79. GANESHA S/O CHENNAIAH AGED ABOUT 48 YEARS SHARE NO.99/2
80. CHIKKATHAYAMMA W/O LATE MADEGOWDA AGED ABOUT 55 YEARS SHARE NO. 111/2
81. BHAGYAMMA W/O LATE NAJUNDAIAH AGED ABOUT 48 YEARS SHARE NO.69/4
82. PUTTABASAMMA W/O LATE CHIKKANNA AGED ABOUT 68 YEARS SHARE NO.27/2
83. K.J SWAMY S/O JOGGAIAH AGED ABOUT 48 YEARS SHARE NO.2/14
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84. MARI CHIKKAMMA W/O LATE DODDEGOWDA AGED ABOUT 70 YEARS SHARE NO.37/2
85. PUTTASWAMACHARI S/O KENCHACHARI AGED ABOUT 55 YEARS SHARE NO.188/3
86. CHIKKATHAYAMMA W/O LATE CHENNAIAH AGED ABOUT 55 YEARS SHARE NO.119/2
87. CHENNAMALEGOWDA S/O LATE CHIKKE GOWDA AGED ABOUT 60 YEARS SHARE NO.98/2
88. NAGARAJU S/O NAGAIAH AGED ABOUT 41 YEARS SHARE NO. 119/1
89. BHADRAIAH S/O MOTNACHENAIAH AGED ABOUT 50 YEARS SHARE NO.61/11
90. SIDDE GOWDA S/O HOTTE GOWDA AGED ABOUT 58 YEARS SHARE NO.182/13
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91. RATHNAMMA W/O HONNAIAH AGED ABOUT 50 YEARS SHARE NO. 187/13
92. SIDDAIAH S/O CHENNAIH @ MUGGAIAH AGED ABOUT 59 YEARS SHARE NO. 181/1
93. C.N SHANKARA NARAYAN RAO S/O LATE NANJUNDA SWAMY AGED ABOUT 72 YEARS SHARE NO. 127/3
94. ABDUL RASHID S/O MEERA SAAB AGED ABOUT 70 YEARS SHARE NO.139/7
95. MAHADEVAPPA S/O LATE MALLAPPA AGED ABOUT 68 YEARS SHARE NO.73/9
96. C.M MAHADEVASWAMY S/O LATE MAHADEVAPPA AGED ABOUT 56 YEARS SHARE NO.60/10
97. PADMAMMA W/O NAGAIAH AGED ABOUT 49 YEARS SHARE NO. 177/11
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98. C.N CHOWDESHWARI S/O LATE C NANJUNDA SWAMY AGED ABOUT 68 YEARS SHARE NO. 170/12
99. BHARATH MOHAN C S S/O SHANKAR NARAYANA RAO AGED ABOUT 58 YEARS SHARE NO.64/14
100. KUMARASWAMY S/O NANJUNDAPPA AGED ABOUT 60 YEARS SHARE NO.186/2
101. MANIKANTA M S/O LATE MAHADEVAPPA AGED ABOUT 30 YEARS SHARE NO.69/3
102. C.N SURESH C.S NAGARAJAIAH AGED ABOUT 56 YEARS SHARE NO.87/3
103.
GANESH S/O LATE DYAVAPPA AGED ABOUT 45 YEARS SHARE NO.178/3
104. MADESHA S/O HUMNTHURAIAH AGED ABOUT 52 YEARS SHARE NO.67/4
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105. KOTE LINGAIAH S/O KOTE LINGAIAH AGED ABOUT 55 YEARS SHARE NO.75/14
106. PRASANNA KUMAR S/O KOTE LINGAAIH AGED ABOUT 48 YEARS SHARE NO.36/4
107. SUNDRAMMANI W/O MADARAJE ARASU AGED ABOUT 60 YEARS SHARE NO.158/10
108. A.M MALLARAJE ARASU S/O MALLARAJE ARASU AGED ABOUT 70 YEARS SHARE NO.162/11
109. SUJATHA W/O B PUTTAIAH AGED ABOUT 48 YEARS SHARE NO.187/11
110. MANCHACHARI S/O CHIKKACHARI AGED ABOUT 58 YEARS SHARE NO.136/12
111. C GURUMURTHY S/O SIRE GOWDA AGED ABOUT 55 YEARS SHARE NO.27/13
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112. SHIVAMMA W/O PUTTAMALLAIAH AGED ABOUT 52 YEARS SHARE NO.60/13
113. MAHADEVAMMA W/O JAYARAM AGED ABOUT 62 YEARS SHARE NO.65/13
114. H.M MADERAJE ARASU S/O MALLARAJE ARASU AGED ABOUT 65YEARS SHARE NO. 185/13
115. RATHNAMANI W/O MADARAJE ARASU AGED ABOUT 58 YEARS SHARE NO.14/4
116. MARISIDAMMA W/O LATE SIDDAIAH AGED ABOUT 70 YEARS SHARE NO. 152/1
ALL ARE MEMBERS OF CHIKKAMULAGUDU PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD., KIRAGAVALU HOBALI, MALAVALLI TALUK, MANDYA DISTRICT - 571424 …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA, 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, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION, MANDYA DISTRICT, MANDAY 571 401. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION, MANDYA DISTRICT, MANDAY - 571 401. 5. CHIKKAMULAGUDU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CHIKKAMULAGUDU VILLAGE, KIRUGAVALU HOBALI, MALAVALLI TALUK, MANDYA DISTRICT - 571424. REP. BY ITS CHIEF EXECUTIVE OFFICER. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
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6.
RETURNING OFFICER CHIKKAMULAGUDU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CHIKKAMULAGUDU VILLAGE, KIRUGAVALU HOBALI, MALAVALLI TALUK, MANDYA DISTRICT - 571424. (BANK REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R6;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. S.B. TOTAD, ADVOCATE FOR R5)
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 AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 BANK WHICH IS SCHEDULED TO BE HELD ON 05.02.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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:-
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"Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections to the respondent No.5-Bank which is scheduled to be held on 05.02.2025 produced at Annexure-A"
2. This Court by way of an interim arrangement on 04.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 05.02.2025 subject to final outcome of this petition.
3. Heard Sri Sandesh T.B., learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri S.B.Totad, learned counsel for respondent No.5.
4. Counsel for the petitioners submits that the election has been held as scheduled on 05.02.2025 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
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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.5-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
1 2022 (4) AKR 775
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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 announce the results of the election, which was scheduled on 05.02.2025, if not already announced.
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.
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.
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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
PSJ List No.: 2 Sl No.: 2 CT:SNN