Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3481 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 2443 OF 2025 (CS-EL/M), WRIT PETITION NO. 3435 OF 2025 (CS-EL/M)
IN WP NO. 3481/2025 BETWEEN:
1. SAVITHRAMMA W/O RAMAKRISHNEGOWDA AGED ABOUT 53 YEARS SHARE NO. 2890
2. PUTTASWAMYGOWDA S/O BOREGOWDA AGED ABOUT 70 YEARS SHARE NO. 5737
3. JAYAMMA W/O RACHAPPA @ RAMALINGEGOWDA AGED ABOUT 70 YEARS SHARE NO. 1087
4. G.N.NAGARAJU S/O NANJUNDEGOWDA AGED ABOUT 61 YEARS SHARE NO. 1365
5. HARISH S/O NAGARAJU AGED ABOUT 40 YEARS SHARE NO.6910
6. NANJAMMA W/O G.C.NANJUNDEGOWDA
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 72 YEARS SHARE NO. 5652
7. G.N.KUMARA S/O G.C.NANJUNDEGOWDA AGED ABOUT 49 YEARS SHARE NO. 996
8. PADMARAJA.G.C S/O CHANNEGOWDA AGED ABOUT 48 YEARS SHARE NO. 1296
9 . G.N.CHANNAKESHAVA S/O G.C.NANJUNDEGOWDA AGED ABOUT 55 YEARS SHARE NO. 5651
10 . C.L.ANANDA S/O LINGAIAH AGED ABOUT 50 YEARS SHARE NO. 1320
11 . KALEGOWDA S/O CHANDRAYIGOWDA AGED ABOUT 68 YEARS SHARE NO. 416
12 . MAHADEVU S/O NANJUNDEGOWDA AGED ABOUT 69 YEARS SHARE NO. 1181
13 . SOMASHEKAR S/O KODIGOWDA AGED ABOUT 54 YEARS SHARE NO. 5181
14 . JAGADISH S/O KODIGOWDA AGED ABOUT 59 YEARS SHARE NO. 5187
15. RAMEGOWDA S/O NANJUNDEGOWDA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 63 YEARS SHARE NO. 6899
16 . PUTTARAJU S/O NANJUNDEGOWDA AGED ABOUT 55 YEARS SHARE NO. 6901
17 . LOKESH S/O SIDDEGOWDA AGED ABOUT 45 YEARS SHARE NO. 6902
18. MANJUNATH S/O NANJUNDEGOWDA AGED ABOUT 39 YEARS SHARE NO. 6905
19 . CHANNEGOWDA S/O HANUMEGOWDA AGED ABOUT 79 YEARS SHARE NO. 194
20 . THIMMEGOWDA S/O KAPANIGOWDA AGED ABOUT 75 YEARS SHARE NO. 5826
21. VIJAY KUMAR S/O M.C.SHIVANNA AGED ABOUT 41 YEARS SHARE NO. 6906
22 . MANASA D/O C.G.MANJUNATH AGED ABOUT 26 YEARS SHARE NO. 6908
23. SANTHOSH S/O RAMACHANDRA AGED ABOUT 32 YEARS SHARE NO. 6907
24 .
K.P.RAMAKRISHNEGOWDA S/O PUTTEGOWDA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 54 YEARS SHARE NO. 5224
25 . K.P.NAGESHA S/O PUTTEGOWDA AGED ABOUT 52 YEARS SHARE NO. 5231
26 . PUTTARAJU S/O DODDATHAMMEGOWDA AGED ABOUT 61 YEARS SHARE NO. 5828
27 . GUNDAPPA S/O NANJEGOWDA AGED ABOUT 68 YEARS SHARE NO. 5691
28 . BASAVARAJU S/O BASAPPA AGED ABOUT 76 YEARS SHARE NO. 5599
29 . NINGAPPA S/O BASAPPA AGED ABOUT 74 YEARS SHARE NO. 5692
30 . SANNATHAYAMMA W/O MAYANNAGOWDA AGED ABOUT 88 YEARS SHARE NO. 3218
31 . H.KRISHNAPPA S/O H.K.LINGEGOWDA AGED ABOUT 79 YEARS SHARE NO. 327
32 . H.RAMESH S/O HONNAPPA AGED ABOUT 58 YEARS SHARE NO. 1664
33 . H.N.BASAVARAJU S/O NANJEGOWDA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 53 YEARS SHARE NO. 2867
34 . YALAKKAIAH.H S/O DASAPPA AGED ABOUT 76 YEARS SHARE NO. 5783
35 . THAMMANNA S/O LINGEGOWDA AGED ABOUT 67 YEARS SHARE NO. 564
36 . CHIKKEGOWDA S/O YARAKEGOWDA AGED ABOUT 77 YEARS SHARE NO. 368
37 . KAMALAMMA W/O M.JAVAREGOWDA AGED ABOUT 72 YEARS SHARE NO. 568
38 . SHIVANNA S/O PYARALEGOWDA AGED ABOUT 78 YEARS SHARE NO. 976
39 . YALIGOWDA S/O KONEGOWDA AGED ABOUT 76 YEARS SHARE NO. 1669
40 . N.K.BALARAMEGOWDA S/O KEMPEGOWDA AGED ABOUT 84 YEARS SHARE NO. 176
41 . GOWRAMMA W/O NANJEGOWDA AGED ABOUT 63 YEARS SHARE NO. 303
42 . SHIVALINGAIAH S/O NINGAIAH
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 61 YEARS SHARE NO. 3378
43 . RAMESH S/O HANUMEGOWDA AGED ABOUT 72 YEARS SHARE NO. 4242
44 . N.V.DAYANANDA SWAMY S/O N.M.VENKATESH AGED ABOUT 44 YEARS SHARE NO. 5301
45 . N.M.MAYANNAGOWDA S/O MUDDEGOWDA AGED ABOUT 72 YEARS SHARE NO.
5609
46 . N.PRAKASHGOWDA S/O N.D.NARAYANAGOWDA AGED ABOUT 58 YEARS SHARE NO. 528
47 . N.SOMASHEKARA S/O N.P.NANJUNDEGOWDA AGED ABOUT 60 YEARS SHARE NO. 2210
48 . PUTTARAJU S/O LAKKEGOWDA AGED ABOUT 68 YEARS SHARE NO. 1516
49 . BASAVARAJU S/O LAKKEGOWDA AGED ABOUT 70 YEARS SHARE NO. 1521
50 . SOMEGOWDA S/O MUDDEGOWDA AGED ABOUT 77 YEARS SHARE NO. 187
51 . SHIVALINGEGOWDA S/O CHANNEGOWDA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 66 YEARS SHARE NO. 4438
52 . NARASIMHEGOWDA S/O DASEGOWDA AGED ABOUT 69 YEARS SHARE NO. 817
53 . K.NAGARAJU S/O N.K.KEMPEGOWDA AGED ABOUT 65 YEARS SHARE NO. 1135
54 . KUMARASWAMY S/O THOTADAPPA AGED ABOUT 50 YEARS SHARE NO. 1475
55 . JAYAMMA W/O RANGANAHATTI MALLEGOWDA AGED ABOUT 71 YEARS SHARE NO. 617
56 . P.K.BOMMEGOWDA S/O KEMPEGOWDA AGED ABOUT 70 YEARS SHARE NO. 6514
57 . BRAMHENDRA S/O P.K.BOMMEGOWDA AGED ABOUT 35 YEARS SHARE NO. 6640
58 . P.B.RAMEGOWDA S/O K.BOMMEGOWDA AGED ABOUT 72 YEARS SHARE NO. 1225
59 . K.THIRUMALEGOWDA S/O KENGAIAH AGED ABOUT 72 YEARS SHARE NO. 849
60 . A.G.LAKSHMINARAYANA S/O NAGAPPA @ GOVINDEGOWDA
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AGED ABOUT 73 YEARS SHARE NO. 3984
61 . KRISHNA S/O KAPANAIGOWDA AGED ABOUT 58 YEARS SHARE NO. 1289
62 . A.S.PALAKSHA S/O SHRIKANTAIAH AGED ABOUT 55 YEARS SHARE NO. 2193
63 . NINGAMMA W/O RUDRAPPA AGED ABOUT 62 YEARS SHARE NO. 1874
64 . KEMPEGOWDA S/O CHANNEGOWDA AGED ABOUT 81 YEARS SHARE NO. 543
65 . DEVARAJU S/O DHANANJAYA AGED ABOUT 47 YEARS SHARE NO. 2077
66 . K.PARAMESH S/O T.KRISHNEGOWDA AGED ABOUT 43 YEARS SHARE NO. 4965
67 . K.SHIVARAJU S/O KRISHNEGOWDA AGED ABOUT 37 YEARS SHARE NO. 4988
68 .
D.K. MANJEGOWDA S/O D.R.KEMPEGOWDA AGED ABOUT 52 YEARS SHARE NO. 1182
69 . B.S.SHIVANNAGOWDA S/O SANNAPPA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 70 YEARS SHARE NO. 489
70 . H.S.RAMEGOWDA S/O SHIVEGOWDA AGED ABOUT 68 YEARS SHARE NO. 944
71 . RAMAKRISHNA S/O KENGEGOWDA AGED ABOUT 62 YEARS SHARE NO. 2407
72 . SHIVANNAGOWDA S/O JAVAREGOWDA @ KENGEGOWDA AGED ABOUT 75 YEARS SHARE NO. 3405
73 . SATHISHA.B.G S/O GANGEGOWDA.G AGED ABOUT 45 YEARS SHARE NO. 5234
74 . RAMANNA S/O SANNATHIMMA AGED ABOUT 81 YEARS SHARE NO. 1998
75 . GOPALAGOWDA.K.L S/O LAKKANNAGOWDA AGED ABOUT 61 YEARS SHARE NO. 7612
76 . G.SHIVANNAGOWDA S/O GOPALAGOWDA AGED ABOUT 64 YEARS SHARE NO. 5751
77 . B.V.GOVINDEGOWDA S/O VENKATAGIRIGOWDA AGED ABOUT 68 YEARS SHARE NO. 2426
78 . B.N.THIRUMALEGOWDA S/O NANJEGOWDA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 79 YEARS SHARE NO. 467
79 . MAYANNAGOWDA S/O NANJEGOWDA AGED ABOUT 76 YEARS SHARE NO. 623
80 . KRISHNEGOWDA S/O BOREGOWDA AGED ABOUT 79 YEARS SHARE NO. 5581
81. BOREGOWDA S/O NIGEGOWDA AGED ABOUT 79 YEARS SHARE NO. 121
82. GANGADHARAGOWDA S/O BETTASWAMYGOWDA AGED ABOUT 75 YEARS SHARE NO. 756
83 . LAKSHMAMMA W/O BOMMEGOWDA AGED ABOUT 66 YEARS SHARE NO. 624
84 . NAGARAJU S/O RAMAKRISHNEGOWDA AGED ABOUT 65 YEARS SHARE NO. 2185
85 . D.T.SHRINIVASAIAH S/O D.V.THIMMEGOWDA AGED ABOUT 67 YEARS SHARE NO. 818
86 . D.T.THIMMAPPA S/O D.T.THIMMEGOWDA AGED ABOUT 69 YEARS SHARE NO. 651
87 . RAMEGOWDA S/O MALLEGOWDA
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
AGED ABOUT 65 YEARS SHARE NO. 942
88 . VARADARAJU S/O CHIKKAHUCHCHAIAH AGED ABOUT 56 YEARS SHARE NO. 2852
89 . HARISH S/O PARAMASHIVAIAH AGED ABOUT 35 YEARS SHARE NO.
5328
90 . ESHWARA S/O BOREGOWDA AGED ABOUT 87 YEARS SHARE NO. 852
91 . VEERABHADRA S/O THIMMAIAH AGED ABOUT 65 YEARS SHARE NO. 2447
92 . ANANDA S/O BOREGOWDA AGED ABOUT 62 YEARS SHARE NO. 2255
93 . RAMAKRISHNA S/O JAVAREGOWDA AGED ABOUT 55 YEARS SHARE NO. 3679
94 . ELLAMMA W /O NARASEGOWDA AGED ABOUT 87 YEARS SHARE NO. 1344
95 . MEENAKSHI W/ O BETTEGOWDA AGED ABOUT 63 YEARS SHARE NO. 1767
PETITIONERS 1 TO 95 ARE THE MEMBERS OF THE 7TH RESPONDENT SOCIETY AND COMES UNDER 8TH CONSTITUENCY (BORROWERS CONSTITUENCY)
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
OF THE SOCIETY. … PETITIONERS
(NON OF THE PETITIONERS ARE CLAIMING SENIOR CITIZEN BENEFIT )
(BY SRI K.R. SATHISH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING DR. B R.AMBEDKAR VEEDHI BANGALORE -01 REP BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, ‘A’ BLOCK, TTMC, SHANTHI NAGARA, BANGALORE – 560027 REP ITS COMMISSIONER. 3. JOINT REGISTRAR OF CO OP SOCIETIES MYSORE DIVISION, MYSORE - 570 024. 4. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OP SOCIETIES, MANDYA DISTRICT, MANDYA- 571 401. 5. ASSISTANT REGISTRAR OF CO-OP SOCIETIES PANDAVAPURA MANDYA DISTRICT- 571 401. 6. THE RETURNING OFFICER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, / JOINT REGISTRAR OF CO-OP SOCIETIES MYSORE DIVISION - 571 432. 7. PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA (SOCIETY REGISTERED UNDER THE PROVISIONS OF
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) NAGAMANGALA TALUK, MANDYA DISTRICT- 571 432 BY ITS MANAGER.
…RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 TO R-6;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2;
R-7 SERVED & UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTER LIST OF THE 7TH RESPONDENT SOCIETY VIDE ANNEXURE-A PREPARED BY THE 7TH RESPONDENT SOCIETY IN SO FAR AS PETITIONERS ARE CONCERNED. IN WP NO. 2443/2025
BETWEEN:
C K PRASANNA S/O LATE C G KRISHNEGOWDA, AGED ABOUT 48 YEARS, SHARE NO.2062, MEMBER OF 7TH RESPONDENT BANK AND COMES UNDER BORROWERS CONSTITUENCY NO.8, R/AT CHOLENAHALLI KOPPALU, NAGAMANGALA TALUK, MANDYA DISTRICT-571432 ...PETITIONER (BY SRI K R SATHISH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BANGALORE-01, REP BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR,A BLOCK,TTMC,
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
SHANTHI NAGARA, BANGALORE-560027 REP BY ITS COMMISSIONER. 3. JOINT REGISTRAR OF CO OP SOCIETIES MYSORE DIVISION, MYSORE-570024. 4. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OP SOCIETIES, MANDYA DISTRICT MANDYA-571401. 5. ASSISTANT REGISTRAR OF CO-OP SOCIETIES PANDAVAPURA, MANDYA DISTRICT-571401. 6. THE RETURNING OFFICER PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NAGAMANGALA,/ JOINT REGISTRAR OF CO-OP SOCIETIES, MYSORE DIVISION-571432. 7. PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT-571432 BY ITS MANAGER. ...RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 TO R-6;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2;
R-7 SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGILBE VOTER LIST OF THE R-7 SOCIETY VIDE ANNX-A PREPARED BY THE R-7 SOCIETY IN SO FAR AS PETITIONER IS CONCERNED. - 15 -
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IN WP NO.
3435/2025
BETWEEN:
1. G .H.JAVAREGOWDA S/O H.HOMBEGOWDA AGED 64 YEARS SHARE NO. 8147 R/A GANGAVADI VILAGE NAGAMANGALA TALUK MANDYA DISTRICT-571416. 2. ANNAIAH S/O KULLABORAIAH AGED 59 YEARS SHARE NO. 8146 R/A GANGAVADI VILAGE NAGAMANGALA TALUK MANDYA DISTRICT-571416. 3. BOREGOWDA S/O PUTTEGOWDA AGED 53 YEARS SHARE NO. 8141 R/A GANGAVADI VILAGE NAGAMANGALA TALUK MANDYA DISTRICT- 571416. 4. G.B.RAMESH S/O BOREGOWDA AGED 62 YEARS SHARE NO. 8148 R/A GANGAVADI VILAGE NAGAMANGALA TALUK MANDYA DISTRICT- 571416. 5. RAMEGOWDA S/O HOMBEGOWDA AGED 75 YEARS SHARE NO. 8153 R/A GANGAVADI VILAGE
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NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
NAGAMANGALA TALUK MANDYA DISTRICT-571416. 6. RAVISHEKARA S/O RAMESHA AGED 31 YEARS SHARE NO. 8080 R/A KANAGONAHALLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432. 7. SHIVASHEKARA S/O RAMESHA AGED 33 YEARS SHARE NO.8079 R/A KANAGONAHALLI NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. 8. RAMESHA S/O JAVAREGOWDA AGED 62 YEARS SHARE NO. 8076 R/A KANAGONAHALLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432. 9. CHANDRASHEKARA S/O RAMESHA AGED 35 YEARS SHARE NO. 8078 R/A KANAGONAHALLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432. 10. KUMAR G.K S/O KARIGOWDA AGED 42 YEARS SHARE NO. 7294 R/A GANGAVADI VILAGE NAGAMANGALA TALUK MANDYA DISTRICT-571416. - 17 -
NC: 2025:KHC:8056 WP No. 3481 of 2025 C/W WP No. 2443 of 2025 WP No. 3435 of 2025
PETITIONERS 1 TO 10 ARE THE MEMBERS OF THE 7TH RESPONENT BANK AND COMES UNDER CONSTITUENCY NO.1. (NON OF THE PETITIONERS ARE CLAIMING SENIOR CITIZEN BENEFIT) ...PETITIONERS (BY SRI. K R SATHISH.,ADVOCATE)
AND:
1. 2. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING DR. B R.AMBEDKAR VEEDHI, BANGALORE -01 REP BY ITS SECRETARY. THE CO-OPERATIVE
ELECTION AUTHORITY 3RD FLOOR, 'A' BLOCK, TTMC, SHANTHI NAGARA BANGALORE - 560027 REP ITS COMMISSIONER. 3. JOINT REGISTRAR OF CO OP SOCIETIES MYSORE DIVISION, MYSORE 570 001. 4. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OP SOCIETIES, MANDYA DISTRICT, MANDYA- 571 401. 5. ASSISTANT REGISTRAR OF CO-OP SOCIETIES PANDAVAPURA MANDYA DISTRICT- 571 401. - 18 -
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6. THE RETURNING OFFICER PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, JOINT REGISTRAR OF CO OP SOCIETIES MYSORE DIVISION - 571 432. 7.
PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, NAGAMANGALA TALUK MANDYA DISTRICT- 571 432 BY ITS MANAGER (SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) ...RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 TO R-6;
SRI T.L KIRAN KUMAR, ADVOCATE FO R-2;
R-7 SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTER LIST OF THE 7TH RESPONDENT SOCIETY VIDE ANNEXURE-A PREPARED BY THE 7TH RESPONDENT SOCIETY, IN SO FAR AS PETITIONERS ARE CONCERNED. THESE PETITIONS, 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 in these writ petitions are seeking for a direction to the respondents to conduct the election to
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respondent No.7-bank for the term 2025-2030 by including the petitioners in the voter list of respondent No.7-bank in the 8th constituency (Borrowers Constituency) and permit the petitioners to vote in the election, which is scheduled to be held on 08.02.2025.
2. This Court by way of an interim arrangement permitted the petitioners to cast their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of these petitions.
3. Heard Sri K.R. Satish, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 6 and Sri T.L. Kiran Kumar,
learned counsel for respondent No.2.
4. Respondent No.7 though served has chosen to remain absent.
5. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes.
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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.
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
1 2022 (4) AKR 775
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(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 petitions are 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 08.02.2025.
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
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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 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 MBM CT:DN/LIST NO.: 2 SL NO.: 28