Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8591 WP No. 4547 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. 4547 OF 2025 (CS-EL/M) BETWEEN:
1. BALAKRISHNA H.C S/O H. CHIKKAPUTTEGOWDA, AGE ABOUT 73 YEARS, MEMBERSHIP NO. 66
2. SARAVANA K S/O KANDASWAMY, AGE ABOUT 40 YEARS, MEMBERSHIP NO.326
3. SUDHA GIRISH W/O GIRISH KUMAR AGE ABOUT 62 YEARS, MEMBERSHIP NO.333
4. SUBRAMANYA RAJE URS S/O LATE B BASAVARAJE URS AGE ABOUT 81 YEARS MEMBERSHIP NO.236
5. B.A SRINIVASAN S/O LATE B.V ASHWATH NARAYAN AGE ABOUT 73 YEARS, MEMBERSHIP NO.491
6. M.J SOMASHEKAR S/O LATE SIDDEGOWDA AGE ABOUT 79 YEARS, MEMBERSHIP NO.17
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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7. MUIN SHARIFF S/O LATE BASHIER JAN H.R AGE ABOUT 47 YEARS, MEMBERSHIP NO.538
8. KALAPPA S/O LATE DASAPPA AGE ABOUT 57 YEARS, MEMBERSHIP NO.468
9. SYED ZAMIR S/O SAYED RAFIZ AGE ABOUT 40 YEARS, MEMBERSHIP NO.539
10. GOMATHI URS D/O B. SUBRAMANYA RAJE URS AGE ABOUT 57 YEARS, MEMBERSHIP NO.116
11. NAGANANDINI D/O B. SUBRAMANYA RAJE URS AGE ABOUT 48 YEARS, MEMBERSHIP NO. 165
12. P. KRASHNA GOWDA S/O LATE PUTTASWAMY GOWDA AGE ABOUT 60 YEARS, MEMBERSHIP NO.16
13. VIJAY M S S/O M J SOMASHEKAR AGE ABOUT 52 YEARS, MEMBERSHIP NO.122
14. NIRANJANA RAJE USR S/O LATE B. BASAVARAJA URS AGE ABOUT 66 YEARS, MEMBERSHIP NO.189
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15. MARISWAMY S/O LATE SIDDANNA AGE ABOUT 78 YEARS, MEMBERSHIP NO.131
16. RAJASHEKAR R S/O B. REVANNA AGE ABOUT 68 YEARS, MEMBERSHIP NO.122
17. PURNIMA M J W/O RAJASHEKAR R AGE ABOUT 65 YEARS, MEMBERSHIP NO.123
18. JAYARAMAIAH S/O LATE RAMANNA AGE ABOUT 64 YEARS, MEMBERSHIP NO.10
19. S. SHASHIKANTH S/O SADASHIVARAO AGE ABOUT 50 YEARS, MEMBERSHIP NO.39
20. B.R. RANGASWAMY S/O LATE RANGAPPAGOWDA AGE ABOUT 73 YEARS, MEMBERSHIP NO.59
21. N. BHUVANESHWARIDEVI W/O M.C. SHIVANAND AGE ABOUT 59 YEARS, MEMBERSHIP NO.157
22. D.V. USHA W/O M.C. VASUDEVA AGE ABOUT 64 YEARS, MEMBERSHIP NO.215
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23. RAGHAVENDRA M S/O MADEGOWDA N AGE ABOUT 36 YEARS, MEMBERSHIP NO.600
24. RATHANKUMAR M S/O MADEGOWDA AGE ABOUT 34 YEARS, MEMBERSHIP NO.601
25. SAVITRAMMA W/O KANTHARAJU AGE ABOUT 57 YEARS, MEMBERSHIP NO.51
26.
SHANTHAMMA W/O RAMALINGAIAH AGE ABOUT 67 YEARS, MEMBERSHIP NO.52
27. NUTHAN P SHETTY W/O P PRABHAKARASHETTY AGE ABOUT 57 YEARS, MEMBERSHIP NO.111
28. B. PRAKASH S/O LATE S. BASAVARAJU AGE ABOUT 66 YEARS, MEMBERSHIP NO.170
29. NANDEESH H.S S/O H.L SHANKAREGOWDA AGE ABOUT 40 YEARS, MEMBERSHIP NO.275
30. MANU B.S.
S/O SHIVALINGAIAH AGE ABOUT 50 YEARS, MEMBERSHIP NO.53
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31. K VIJAYA S/O KRISHNA K AGE ABOUT 45 YEARS, MEMBERSHIP NO.323
32. CHAITRA H D W/O SRINIVAS B AGE ABOUT 43 YEARS, MEMBERSHIP NO.266
33. SURYAKUMAR M R S/O LATE RAMACHANDRA M K AGE ABOUT 52 YEARS, MEMBERSHIP NO.310
34. ROOPA H S W/O HEMANTH S AGE ABOUT 40 YEARS, MEMBERSHIP NO.298
35. K.K VENKATESH S/O LATE S. BASAVARAJU AGE ABOUT 70 YEARS, MEMBERSHIP NO.306
36. H.R. JAYARAMAIAH S/O RAMANNA AGE ABOUT 62 YEARS, MEMBERSHIP NO.10
37. KALPANA W/O ADINARAYANA AGE ABOUT 60 YEARS, MEMBERSHIP NO.188
38. R. JAYASUNDARI W/O MURALIDHARA AGE ABOUT 50 YEARS, MEMBERSHIP NO.195
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39. V NALINI D/O VARADARAJAN AGE ABOUT 72 YEARS, MEMBERSHIP NO.203
40. MOHAN R S/O LATE H M RAMAKRISHNA AGE ABOUT 41 YEARS, MEMBERSHIP NO.244
41. M.N. USHAKIRAN W/O SRINIVASA V AGE ABOUT 43 YEARS, MEMBERSHIP NO.251
42. MANJULA W/O L SHASHIDARA AGE ABOUT 66 YEARS, MEMBERSHIP NO.255
43. C.M NAGAJYOTHI W/O NATARAJA MURTHY AGE ABOUT 53 YEARS, MEMBERSHIP NO.295
44. S.A ARCHANA W/O DR. HARSHAVARDHANA AGE ABOUT 36 YEARS, MEMBERSHIP NO.336
45. B. SULOCHANA W/O SHANMUGA AGE ABOUT 66 YEARS, MEMBERSHIP NO.172
46. B. BOLEGOWDA S/O BOLEGOWDA AGE ABOUT 68 YEARS, MEMBERSHIP NO.273
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47. H.P SURESHA S/O PAPANNA AGE ABOUT 50 YEARS, MEMBERSHIP NO.277
48. SHOBHA RAJASHEKAR W/O RAJASHEKAR AGE ABOUT 65 YEARS, MEMBERSHIP NO.76
49. V. SOWMYA W/O SANDIPPA AGE ABOUT 36 YEARS, MEMBERSHIP NO.214
50.
LAKSHMAMMA W/O SIDDEGOWDA AGE ABOUT 60 YEARS, MEMBERSHIP NO. 154
51. LAKSHMAMMA W/O SIDDEGOWDA AGE ABOUT 60 YEARS, MEMBERSHIP NO.146
52. SYED GOUSE MOHIYUDDIN S/O LATE SAYAD HUSSEN AGE ABOUT 80 YEARS, MEMBERSHIP NO.178
53. ASHRUF BAKUL S/O MOHAMAD SAYED AGE ABOUT 65 YEARS, MEMBERSHIP NO.206
54. MEER SHALID HUSSEN S/O LATE TAJMUL HUSSEN AGE ABOUT 70 YEARS, MEMBERSHIP NO.211
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55. KHANEEJ-E-JAINABH W/O MEER NUSRUL ALI AGE ABOUT 52 YEARS, MEMBERSHIP NO.212
56. C.J NARAYANA S/O GOPALAKRISHNA AGE ABOUT 62 YEARS, MEMBERSHIP NO.97
57. DORESWAMY S/O KALAIH DEVARA AGE ABOUT 48 YEARS, MEMBERSHIP NO.127
58. K.C. LOKESH S/O K.M. CHIKKAMADANAIKA AGE ABOUT 48 YEARS, MEMBERSHIP NO.290
59. A.R. SHIVASHANAKAR S/O LATE RAMEGOWDA AGE ABOUT 82 YEARS, MEMBERSHIP NO.409
60. NARAYANAGOWDA S/O LATE THIMMEGOWDA AGE ABOUT 72 YEARS, MEMBERSHIP NO.423
61. K.A. BASAVARAJU S/O K.A VEEREGOWDA AGE ABOUT 49 YEARS, MEMBERSHIP NO.432
62. PRAKASH S/O LATE PUTTASIDDEGOWDA AGE ABOUT 53 YEARS, MEMBERSHIP NO.444
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63. PURUSHOTHAMA S/O THAMMANA AGE ABOUT 45 YEARS, MEMBERSHIP NO.624
64. SHEELA K.V W/O KUMARA K.P AGE ABOUT 43 YEARS, MEMBERSHIP NO.445
65. H.V. SURESH S/O LATE PRAPANNA AGE ABOUT 40 YEARS, MEMBERSHIP NO.277
66. M. MAHADEVAIAH S/O M. MADAIAH AGE ABOUT 65 YEARS, MEMBERSHIP NO.644
67. VENUGOPALA S/O KALAPPA AGE ABOUT 65 YEARS, MEMBERSHIP NO.83
68. KAPANAIAH S/O NANJAPPA AGE ABOUT 83 YEARS, MEMBERSHIP NO.65
69. H.J THEJAVATHI W/O B.C. SHIVANANDA AGE ABOUT 60 YEARS, MEMBERSHIP NO.484
70. D.L. MADEGOWDA S/O LATE LINGEGOWDA AGE ABOUT 60 YEARS, MEMBERSHIP NO.503
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71. RAGHAVENDRA N S/O NARAYANASWAMY AGE ABOUT 68 YEARS, MEMBERSHIP NO.417
72. RAGHAVENDRA M S/O RUDREGOWDA AGE ABOUT 36 YEARS, MEMBERSHIP NO.600
73. B.S. NAVYA W/O MANJUNATHA G AGE ABOUT 38 YEARS, MEMBERSHIP NO.517
74. N.M. SACHIN BHARADWAJ S/O MANJUNATH M.A AGE ABOUT 35 YEARS, MEMBERSHIP NO.561
75.
MAHIMA S.S S/O SATHISH BABU A.K AGE ABOUT 26 YEARS, MEMBERSHIP NO.566
76. MANYA HARISH S/O HARISH AGE ABOUT 24 YEARS, MEMBERSHIP NO.573
77. N. DIVAKAR S/O NAGARAJAIAH AGE ABOUT 59 YEARS, MEMBERSHIP NO.193
78. C.P. ASHA W/O M.C. RAMESH AGE ABOUT 70 YEARS, MEMBERSHIP NO.71
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NC: 2025:KHC:8591 WP No. 4547 of 2025
ALL ARE MEMBERS OF ALANAHALLI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. SIDDARTHANAGARA, NO.43 "RUSHI" 1ST FLOOR, DAYAMARGA SIDDARTHA LAYOUT MYSURU MYSURU DISTRICT - 570 010. …PETITIONERS (BY SRI. SANDESH T B.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-PERATION 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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU DISTRICT - 570 001. 4.THE REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION MYSURU TALUK MYSURU DISTRICT - 570 001. 5. ALANAHALLI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., SIDDARTHANAGAR, NO.43 "RUSHI" 1ST FLOOR, DAYAMARGA SIDDARTHA LAYOUT MYSURU, MYSURU TALUK
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MYSURU DISTRICT - 570 010 REPRESENTED BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959)
6. RETURNING OFFICER ALANAHALLI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., SIDDARTHANAGARA, NO.43
"RUSHI", 1ST FLOOR, DAYAMARGA SIDDARTHA LAYOUT, MYSURU MYSURU TALUK, MYSURU DISTRICT - 570 010.
(SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3, R-4 & R-6;
SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2;
SRI MANJESH H.M, ADVOCATE FOR R-5)
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 PETITIONER TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 16.02.2025 VIDE ANNX-A.
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:-
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"i. 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 votes in the elections to the respondent no.5 which is scheduled to be held on 16.02.2025 vide Annexure-A in the interest of justice and equity. ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued."
2. This Court by way of an interim arrangement on 14.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 16.02.2025 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 Manjesh H.M.,
learned counsel for respondent No.5.
4. Counsel for the petitioners submits that the election has been held as scheduled on 16.02.2025 and the petitioners have cast their votes.
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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 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
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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 announce the results of the election, which was scheduled on 16.02.2025.
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
1 2022 (4) AKR 775
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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.
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.
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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.: 30