Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5112 WP No. 35147 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35147 OF 2024 (CS-EL/M)
BETWEEN:
1. PUTTAPPA H S S/O SHINGAPAP GOWDA AGED ABOUT 60 YEARS
2. LEELAVATHI H S W/O C R NARAYANA AGED ABOUT 69 YEARS
3. SUNANDA J C W/O KALASAPPA GOWDA C K AGED ABOUT 55 YEARS
4. SARASWATHI M K W/O CHANDRAPPA GOWDA H S AGED ABOUT 61 YEARS
5. SRINIVAS H S S/O SINGAPPA GOWDA AGED ABOUT 58 YEARS
6. SANDESH H C S/O CHINNAIAH GOWDA AGED ABOUT 45 YEARS
7. GULABI W/O KITTE GOWDA AGED ABOUT 46 YEARS
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5112 WP No. 35147 of 2024
8. BHAGYA B V W/O VEERAPAP GOWDA H S AGED ABOUT 63 YEARS
9. VANI W/O SATISH Y L AGED ABOUT 40 YEARS
10. RENUKA H C W/O MANJUNATH AGED ABOUT 42 YEARS
11. LINGAMNNA GOWDA H M S/OMANJAPAP GOWDA AGED ABOUT 66 YEARS
12. ANNAPPA GOWDA H S S/O SHINGAPPA GOWDA AGED ABOUT 60 YEARS
13. CHANDRAPPA GOWDA H S S/O SHINGAPPA GOWDA AGED ABOUT 59 YEARS
14. VENKATESH H S S/O SHANKARAPPA GOWDA H G AGED ABOUT 49 YEARS
15. NAGESH H K S/O KOLLAPPA GOWA AGED ABOUT 52 YEARS
16. GOPALA HEGDE K N S/O NAGAPPA HEGDE K AGED ABOUT 48 YEARS
17. SOUBHAGYA GOPALAN W/O GOPALAN P GOMATHI AGED ABOUT 39 YEARS
18. DEVAMMA W/O ANNEGOWDA, AGED ABOUT 60 YEARS
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19. MANJUNATHA GOWDA H A S/O ANANIAH GOWDA AGED ABOUT 50 YEARS
20. SUDHA M R W/O RAMESH M S AGED ABOUT 49 YEARS
21. CHANDIAH K L S/O LOKA AGE ABOUT 55 YEARS
22. MANJUNATHAIAH M P S/O PENIYAPPAIAH M AGED ABOUT 71 YEARS
23. KAMALAMMA W/O SHINGAPPA NAYAK AGED ABOUT 59 YEARS
24. NAGARAJA SHRESTI M K S/O KRISHNA SHRESTI M AGED ABOUT 65 YEARS
25. PRASANNA C K S/O KALASAPPA GOWDA AGE ABOUT 55 YEARS
26. PRAVEENA H. S.
S/O KALASAPPA GOWDA AGED ABOUT 55 YEARS
27. GOWRAMMA S S W/O MUDEGOWDA K T AGED ABOUT 48 YEARS
28. VEERAPPA GOWDA H S S/O CHINNAIAH GOWDA AGED ABOUT 35 YEARS
29.
SAVITHRI W/O MANJUNATHA GOWDA, AGED ABOUT 38 YEARS
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30. NAGESH H K W/O KALASAPPA GOWA H C AGED ABOUT 40 YEARS
31. SUBRAMANYA M B S/O BHASKAR AGED ABOUT 48 YEARS
32. RAJAMMA W/O RAMACHANRA AGED ABOUT 50 YEARS
33. PRAKASH H C S/O CHANDRAPPA GOWDA H S AGED ABOUT 45 YEARS
34. PRAVEEN H C S/O CHANDRAPPA GOWDA H C AGED ABOUT 40 YEARS
35. SRINIVASA S/O MANJAPPA GOWDA K AGED ABOUT 42 YEARS
36. DAKAMMA W/O NAGAPPA GOWDA H S AGED ABOUT 61 YEARS
37. SHOBHA W/O SHANAKRAPPA C K AGED ABOUT 42 YEARS
38. KALPANA D S W/O SUNDARESHA K AGED ABOUT 47 YEARS
39. ANITHA T S W/O DINESH H K AGED ABOUT 48 YEARS
40. RAJAMMA W/O CHANNAKESHAVA, AGED ABOUT 60 YEARS
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41. SHYLA W/O CHANDRASHEKARA Y M AGED ABOUT 36 YEARS
42. KAMALAMMA W/O BASAVASHETTY AGED ABOUT 47 YEARS
43. PREMA W/O VITALA K AGED ABOUT41 YEARS
44. GUNAVATHI W/O NATESH H M AGED ABOUT 55 YEARS
45. LATHA W/O RAJASHEKAR AGED ABOUT 36 YEARS
46. KESHAVA H T S/O THAMMANAN GOWDA AGED ABOUT 50 YEARS
47. PRAKASHA H A S/O ANNAPPA GOWDA H N AGED ABOUT 52 YEARS
48. BHAGYA LAKSHMI G S W/O PRAKASH H A AGED ABOUT 48 YEARS
49. LATHA PUTTAPPA W/O PUTTAPPA H S AGED ABOUT 38 YEARS
50. NARAYANA H M S/O MALLAPPA GOWDA AGED ABOUT 58 YEARS
51. NIKIL C N S/O NARAHARI C V, AGED ABOUT 30 YEARS
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52. MANIKANTA M S S/O SHESHAPPA GOWDA M A AGED ABOUT 36 YEARS
53. ABHISHEK H A S/O ASHOK H C AGED ABOUT 30 YEARS
54. SACHIN H R S/O RAJASHEKAR AGED ABOUT 32 YEARS
55. ANASUYA K W/O KALLESH AGED ABOUT 39 YEARS
56.
ASHOK H V S/O VEERAPA GOWDA H C AGED ABOUT 32 YEARS
57. NAGESH GOWDA H M S/O MANJUNATH GOWA AGED ABOUT 38 YEARS
58. SANDEPA H R S/O RAVINDRA AGED ABOUT 40 YEARS
59. SAROJA H S W/O LINGANNA GOWDA AGED ABOUT 47 YEARS
60. KRISHNA MURTHY D S S/O SESHAGIRIYAPPA AGED ABOUT 70 YEARS
61. MANJUNATH T C S/O CHANDRASHEKARAIAH AGED ABOUT 67 YEARS
62. CHANDRASHEKARA H S S/O SHINGAPPA GOWDA, AGED ABOUT 68 YEARS
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63. SUGANDHINI W/O SRINIVAS M R AGED ABOUT 68 YEARS
64. KAMALAMMA W/O PUTAPPA GOWDA AGED ABOUT 63 YEARS
65. LAKSHMAMMA W/O GIRIYAPPA GOWDA AGED ABOUT 60 YEARS
66. PURUSHOTHAMA S S/O SUBRAO AGED ABOUT 56 YEARS
67. CHANDRAVATHI W/O VEERAPPA HEGDE T M AGED ABOUT 59 YEARS
68. SATHYAMURTY H S S/O SUBHARAO H AGED ABOUT 55 YEARS
69. ASHOKA S A S/O ANANTHA S AGED ABOUT 43 YEARS
70. PUDEEN C S/O CHANDRASHEKAR M S AGED ABOUT 25 YEARS
71. GIDDAIAH S/O GUNDA AGED ABOUT 65 YEARS
72. BHARATHI N R W/O RAVINDRA K M AGED ABOUT 44 YEARS
73. VASANTHI W/O SHIVAPPA K M, AGED ABOUT 65 YEARS
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74. LAKSHMAN NAYAK T K S/O KRISHNA NAYAK AGED ABOUT 46 YEARS
75. LELAVATHI H M W/O MARIYA AGED ABOUT 55 YEARS
76. VASANTHI W/O DINESH AGED ABOUT 44 YEARS
77. KAMALAMMA W/O GOPALA GOWDA AGED ABOUT 70 YEARS
78. MARIYAPPA GOWDA S/O ANANTHA GOWDA AGED ABOUT 75 YEARS
79. RAJACHAR S/O SHESHACHAR AGED ABOUT 75 YEARS
80. VENKATESH GOWDA C K S/O KADAPPA GOWDA AGED ABOUT 77 YEARS
81. THYAGARAJA H L S/O LAKSHMINARAYANA RAO AGED ABOUT 70 YEARS
82. PUTTAMMA W/O KALASAPPA GOWDA C M AGED ABOUT 75 YEARS
83. VIJAYA LAKSHMI W/O CHANDRASHEKAR HEGDE AGED ABOUT 68 YEARS
84.
POORNESH K S/O KESHAVA HEGDE, AGED ABOUT 55 YEARS
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85. SRINIVASA PRABHU K S/O KRISHNARAYA PRABHU AGED ABOUT 72 YEARS
86. SOMAMMA W/O SHANKARAPPA GOWDA AGED ABOUT 92 YEARS
87. NARASIMHA MURTHY S/O SUBBAIAH AGED ABOUT 60 YEARS
88. VANAJAKSHI W/O KRISHNA MURTHY AGED ABOUT 55 YEARS
89. LALITHA W/O ASHOK H C AGED ABOUT 65 YEARS
90. PRATHIMA W/O NARAHARI AGED ABOUT 58 YEARS
91. MAMATHA W/O PURUSHOTHAMA HEGDE C P AGED ABOUT 52 YEARS
92. NAGARATHNA W/O ASHOK C K AGED ABOUT 55 YEARS
93. RAMESH Y K S/O KALASAPPA GOWDA AGED ABOUT 52 YEARS
94. SHAMA NAYAK S/O MANCHAPPA NAYAKA AGED ABOUT 75 YEARS
95. SUBANNA Y S S/O SHIVAPPA GOWDA, AGED ABOUT 55 YEARS
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96. SURESH B N S/O MARIYAPPA NAYAKA AGED ABOUT 45 YEARS
97. LALITHAMMA W/O ANNAPPA GOWDA H N AGED ABOUT 76 YEARS
98. CHANDRAKALA W/O KESHAVA Y A AGED ABOUT 52 YEARS
99. CHANDRASHEKAR YM S/O MARIYAPPA GOWDA AGED ABOUT 53 YEARS
100. ASHOKA C K S/O KALASAPPA GOWDA AGED ABOUT 50 YEARS
101. CHANDRIKA E S W/O SRIDHARA D K AGED ABOUT 52 YEARS
102. SHIVASHANKARA M M S/O MANJAPPA ACHAR AGED ABOUT 50 YEARS
103. MAHESHA M S S/O SHANTHARAM M G AGED ABOUT 48 YEARS
104. NATARAJ H P S/O BOJARAO AGED ABOUT 65 YEARS
105. CHANNAPPA GOWDA S/O MANJAPPA GOWDA AGED ABOUT 75 YEARS
106. RAMASWAMY HEGDE KR S/O RAMAPPA HEGDE, AGED ABOUT 70 YEARS
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107. VENKATESH MURTHY S/O SUBBAIAH AGED ABOUT 55 YEARS
108. THULASINATH Y K S/O KRSHNA MURTHY AGED ABOUT 60 YEARS
109. SEETHA W/O UDAY AGED ABOUT 55 YEARS
110. SHANTHAMMA W/O NAGAPPA GOWDA AGED ABOUT 67 YEARS
111. KALPANA S S W/O LAVESH H H AGED ABOUT 50 YEARS
112.
RATHNAMMA W/O MANJUNATH H A AGED ABOUT 60 YEARS
113. SATISH SP S/O PUTTE GOWDA AGED ABOUT 35 YEARS
114. PADMANABH A S S/O SUBARAYA AGED ABOUT 45 YEARS
115. NAGARAJ S/O GOPALA GOWDA AGED ABOUT 32 YEARS
116. MANJUNATH K C S/O CHINAIAH AGED ABOUT 40 YEARS
117. KUSUMA A S W/O JAGADEESH H M, AGED ABOUT 60 YEARS
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118. SRINIVAS H S S/O SUBBAIAH AGED ABOUT 55 YEARS
119. SRIKANTA S/O MARIYAPPA ACHAR AGED ABOUT 45 YEARS
120. RENUKA C P W/O VENKATESH D M AGED ABOUT 55 YEARS
121. DHANALAKSHMI B C W/O DINESH M K AGED ABOUT 48 YEARS
122. KADAPPA GOWDA K B S/O BOBE GOWDA AGED ABOUT 72 YEARS
123. NAGARAJ H R S/O RAMADAS KAMATH AGED ABOUT 48 YEARS
124. VEENA W/O SHANTHARAM M G AGED ABOUT 65 YEARS
125. SUREKHA G Y W/O DINESH AGED ABOUT 40 YEARS
126. ASHOK S/O MANJAPPA GOWDA AGED ABOUT 55 YEARS
127. SUNIL CS S/O SRINIVAS AGED ABOUT 45 YEARS
128. RAMESH HT S/O THIMMAPPA GOWDA, AGED ABOUT 65 YEARS
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129. SOUJANYA K M W/O RAMESH HT AGED ABOUT 60 YEARS
130. GURU PRASANNA VA S/O ANNAPPA ACHAR AGED ABOUT 50 YEARS
131. SHREYAS B A S/O ANNE GOWDA B M AGED ABOUT 35 YEARS
132. JAGADEESH H M S/O MARIYAPPA GOWDA AGED ABOUT 70 YEARS
133. LINGAPPA S/O SANNA NAYAK AGED ABOUT 52 YEARS
134. SRIMATHI W/O KRISHNAPPA GOWDA AGED ABOUT 65 YEARS
135. GURU MURTHY B H S/O HALAPPA NAYAKA AGED ABOUT 55 YEARS
136. MANJUNATH B S S/O SRIKANTA B N AGED ABOUT 55 YEARS
137. NAVEEN N M S/O NAGESG ACHAR N AGED ABOUT 32 YEARS
138. ROHINI T G W/O RAVINDRA K T AGED ABOUT 65 YEARS
139.
VINAYA M G S/O THIMMAPPA GOWDA, AGED ABOUT 35 YEARS
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140. THULASI B R W/O THIMMAPPA GOWDA AGED ABOUT 45 YEARS
141. SARASWATHI W/O ANANTH AGED ABOUT 40 YEARS
142. SRINIVAS B V S/O VENKATARAMANAIAH AGED ABOUT 50 YEARS
143. SRIKANTH H C S/O CHANDRASHEKAR ACHAR AGED ABOUT 35 YEARS
144. PRAKASH T S S/O SRINIVAS T G AGED ABOUT 37 YEARS
145. SUDHEER H N S/O NAGESH ACHAR H K AGED ABOUT 35 YEARS
146. MITHUN KUMAR D C S/O CHANDRASHEKAR AGED ABOUT 42 YEARS
147. SUMANTH KUMAR M K S/O KRISHNAPPA GOWDA AGED ABOUT 35 YEARS
148. SUBRAMANYA S/O GOPAL NAYAK AGED ABOUT 45 YEARS
149. SHOBHA J S W/O VIJAYA T G AGED ABOUT 43 YEARS
150. VIJAYA LAKSHMI M S S/O MANJUNATH S, AGED ABOUT 45 YEARS
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151. MANJUNATH S S/O SHESHAGIRI AGED ABOUT 50 YEARS
152. RAMYA S M W/O MANJUNATH AGED ABOUT 35 YEARS
153. BHUVANESHWARI S M D/O MANJUNATH AGED ABOUT 32 YEARS
154. MINUTHA D/O MANJUNATH AGED ABOUT 30 YEARS
155. AMBIKA K S W/O SURESH T P AGED ABOUT 40 YEARS
156. KEERTHI K S S/O RAGHAVENDRA Y M AGED ABOUT 40 YEARS
157. JAYASHREE W/O RAMESH AGED ABOUT 45 YEARS
158. NATESH H M S/O MARIYAPPA GOWDA AGED ABOUT 55 YEARS
159. VANDANA K A S/O VENKATESH H C AGED ABOUT 47 YEARS
160. ANIL Y C S/O CHANNAKESHAVA Y C AGED ABOUT 46 YEARS
ALL ARE MEMBERS OF SHARADHA PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI. SHRINGERI
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SRINGERI TALUK 577120 CHIKKAMANGALURU DISTRICT …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE 560001
2. THE CO-OPERATIVE ELECTION AUTHORITY CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU 560027
3.
THE RETURNING OFFICER SHARADHA PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI. SHRINGERI SRINGERI TALUK 577120 CHIKKAMANGALURU DISTRICT
4. THE SHARADHA PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI. SHRINGERI SRINGERI TALUK 577120 CHIKKAMANGALURU DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R3;
SRI. T. L. KIRAN KUMAR, ADV. FOR R2)
THIS WRIT PETITION IS FILED PRAYING TO QUASH THE INELIGIBLE VOTERS LIST DATED NIL IN NUMBER NIL VIDE ANNEXURES A AND B PUBLISHED BY R-4 IN SO FAR AS THE PETITIONERS ARE CONCERNED; DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND CONDUCT THE ELECTIONS TO THE MANAGING COMMITTEE OF R-4 SOCIETY AS PER THE
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CALENDAR OF EVENTS DTD. 09.12.2024 PROPOSING TO HOLD THE ELECTIONS ON 29.12.2024 AS PER ANNX-C ISSUED BY R-
3. 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:-
"i) Issue a writ in the nature of certiorari quashing the ineligible voters list dated nil in number nil vide Annexure-A and B published by respondent No.4 insofar as the petitioners are concerned. (ii) Issue a Writ in the nature of Mandamus or any other appropriate writ or order or direction directing the respondents to include the names of the petitioners in the eligible voters list and conduct the elections to the managing committee of respondent No.4 society as per the calendar of events dated 09.12.2024 proposing to hold the elections on 29.12.2024 as per Annexure-C issued by respondent No.3". 2. This Court by way of an interim arrangement on 20.12.2024 permitted the petitioners to cast their votes in
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the ensuing election scheduled on 29.12.2024 subject to final outcome of this petition. 3. Heard Sri Jai Prakash Reddy .M, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 3 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.4 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 29.12.2024 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
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should be treated as eligible voters and their votes to be counted as valid votes. 7. Impleading applicants submits that respondent No.4-society had infact sent individual notice to all the ineligible voters as per Rule 13-D of the Rules and that the petitioners are not entitled to have the benefit of the interim order granted by this Court and thus, the cast votes of the petitioners are not to be included and counted in the election that was scheduled on 29.12.2024. 8. 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 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 29.12.2024, 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
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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. Pending I.As, if any, does not survive for consideration, stands disposed of.
Sd/- JUSTICE K.S. HEMALEKHA VS/List No.: 2 Sl No.: 26