Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8368 WP No. 4619 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. 4619 OF 2025 (CS-EL/M) BETWEEN:
1. NAGEGOWDA S/O. NALLIJOGI NINGE GOWDA AGED ABOUT 60 YEARS SHARE NO.57/1H
2. SIDDE GOWDA S/O. SIDDAIAH AGED ABOUT 58 YEARS SHARE NO.117/1H
3. MARIYAMMA W/O. SIDDEGOWDA AGED ABOUT 70 SHARE NO.137/1H
4. HOMBAIAH S/O. KARISIDDANA MAYAPPA AGED ABOUT 65 YEARS SHARE NO. 160/1H
5. KP KUMARASWAMY S/O. C PUTTAMADCGOWDA AGED ABOUT 59 YEARS SHARE NO. 163/1H
6. R SATISH S/O. H S RAMACHANDRU
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 50 YEARS SHARE NO. 189/1H
7. NAGARAJU S/O. MISHAN SUBBANNA AGED ABOUT 48 YEARS SHARE NO.194/1H
8. YASHODAMMA W/O. H SIDDAPPA AGED ABOUT 62 YEARS SHARE NO. 12/2H
9. HOMBAMMA S/O. KARAGE GOWDA AGED ABOUT 65 YEARS SHARE NO.18/2H
10. PRAKASH S/O. G RAME GOWDA AGED ABOUT 50 YEARS SHARE NO.39/2H
11. DEVARAJU S/O. NINGAIAH U KUNDAPPA AGED ABOUT 48 YEARS SHARE NO.74/1H
12. V KUMAR S/O. VENKATE GOWDA (CHANNAGIRI VENKAT) AGED ABOUT 45 YEARS SHARE NO.88/2H
13. SIDDAMMA W/O LATE SUBBAIAH @ KUNDAPPA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 65 YEARS SHARE NO.90/2H
14. SAROJAMMA S/O THIMMAIAH AGED ABOUT 63 YEARS SHARE NO.111/2H
15. CHAMEGOWDA S/O. NANJU AGED ABOUT 40 YEARS SHARE NO.118/2H
16. NAGEGOWDA S/O. SUBBE GOWDNA SUBBAIAH AGED ABOUT 62 YEARS SHARE NO. 134/2H
17. MAHESH S/O. HOMBAIAH @ MAYANNA AGED ABOUT 55 YEARS SHARE NO. 155/2H
18. HR MAHADEVU S/O. RAMEGOWDA AGED ABOUT 40 YEARS SHARE NO. 160/2H
19. NAGAMMA W/O. KRISHNAPPA AGED ABOUT 48 YEARS SHARE NO.1/3H
20. NAGARAJU S/O MAHADEVU
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 54 YEARS SHARE NO.9/3H
21. LAKSHMAMMA W/O HOMBAIAH @ MAYANNA AGED ABOUT 58 YEARS SHARE NO.65/3H
22. NINGAMMA W/O HOMBAIAH @ KALLAIAH AGED ABOUT 70 YEARS SHARE NO.80/3H
23. MANJU S/O KULLARI SIDDEGOWDA AGED ABOUT 32 YEARS SHARE NO.86/3H
24. SIDDAMMA W/O T SUBBAIAH AGED ABOUT 65 YEARS SHARE NO.97/3H
25. HOMBE GOWDA S/O HOMBAIAH (ERAYYANA KIVADAPPA) AGED ABOUT 62 YEARS SHARE NO.98/3H
26. PUTTASWAMY S/O MADAIAH @ GUDDAPPA AGED ABOUT 50 YEARS SHARE NO. 114/3H
27.
SUSHILAMMA W/O LATE PUTTASWAMY
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 48 YEARS SHARE NO.124/3H
28. PUTTATHAYAMMA W/O LATE SIDDE GOWDA AGED ABOUT 55 YEARS SHARE NO.141/3H
29. DEVARAJU S/O HOMBEGOWDA AGED ABOUT 48 YEARS SHARE NO. 144/3H
30. HEMAVATHI W/O DEVARAJU AGED ABOUT 45 YEARS SHARE NO. 145/3H
31. AMBUJAMMA W/O LATE KRISHNAPPA @ MOGANNA AGED ABOUT 65 YEARS SHARE NO.146/3H
32. H S JAGADESH S/O HS SHANKARA AGED ABOUT 35 YEARS SHARE NO. 149/3H
33. H S ANANDA KUMAR S/O HS SHANKAR AGED ABOUT 32 YEARS SHARE NO.150/3H
34. H R PRABHAKAR S/O S RAMU
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 60 YEARS SHARE NO.171/3H
35. HOMBE GOWDA S/O H MANCHIGAIAH AGED ABOUT 60 YEARS SHARE NO.172/3H
36. SHOBA W/O JAGADESH H S AGED ABOUT 35 YEARS SHARE NO.191/3H
37. H MANJUNATH S/O HOMBEGOWDA AGED ABOUT 30 YEARS SHARE NO.5/4H
38. HOMBE GOWDA S/O CHIKKA MANCHIGAYYANA SIDDAIAH AGED ABOUT 50 YEARS SHARE NO.59/1MG
39. PUTTASWAMY S/O KUNNANA MADE GOWDA AGED ABOUT 60 YEARS SHARE NO.76/1MG
40. MAHADEVU S/O SHANKARE GOWDA AGED ABOUT 45 YEARS SHARE NO.95/1MG
41. KRISHNE GOWDA S/O JAVARE GOWDA @ ASHWATH
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 54 YEARS SHARE NO. 103/1MG
42. DEVARAJU S/O JAVARE GOWDA AGED ABOUT 52 YEARS SHARE NO.112/1MG
43. VIKRAM S/O C KRISHANIAH AGED ABOUT 40 YEARS SHARE NO.129/1MG
44. HANUMANTHA R S/O RAME GOWDA AGED ABOUT 35 YEARS SHARE NO.136/1MG
45. M R SWAMY S/O MARADIKULLANA RAME GOWDA AGED ABOUT 40 YEARS SHARE NO.155/1MG
46. SIDDEGOWDA @ BATTIGIDDA S/O KUNNANA MADEGOWDA AGED ABOUT 65 YEARS SHARE NO.158/1MG
47. NAGARAJU S/O KENCHAPPA AGED ABOUT 58 YEARS SHARE NO.172/1MG
48. R RAMESH S/O RAME GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 52 YEARS SHARE NO. 186/1MG
49. NAGAMMA W/O GOVINDAIAH AGED ABOUT 65 YEARS SHARE NO.1/1H
50.
HOMBE GOWDA H S S/O SHANKARAE GOWDA AGED ABOUT 35 YEARS SHARE NO.142/3H
51. S PADMAVATHI W/O C M SIDDEGOWDA AGED ABOUT 48 YEARS SHARE NO. 10/1C
52. CHANNEGOWDA S/O SIDDE GOWDA @ KADE GOWDA AGED ABOUT 62 YEARS SHARE NO.21/1C
53. THIMME GOWDA S/O THIMME GOWDANA YALLAKI GOWDA AGED ABOUT 58 YEARS SHARE NO.28/1C
54. JAVARE GOWDA S/O NINGAYYANA JAVARE GOWDA AGED ABOUT 72 YEARS SHARE NO.73/1C
55. NAGARAJU S/O J SIDDE GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 58 YEARS SHARE NO.79/1C
56. SHARADAMMA W/O LATE YALAKKI GOWDA AGED ABOUT 65 YEARS SHARE NO.85/1C
57. GAYATRI W/O SIDDE GOWDA AGED ABOUT 62 YEARS SHARE NO. 120/1C
58. PADMA W/O SANNE GOWDA SETTY AGED ABOUT 51 YEARS SHARE NO. 163/1C
59. SUSHIL KUMAR S/O MANCHIAGAYYA @ THAVAKAPPA AGED ABOUT 44 YEARS SHARE NO.37/2C
60. NAGANNA S/O SIDDE GOWDA @ CHIKKA PUTTE GOWDA AGED ABOUT 64 YEARS SHARE NO.52/2C
61. SHATHARAJU S/O SIDDE GOWDA @ KUNDAPPA AGED ABOUT 40 YEARS SHARE NO. 137/2C
62. CT SRINIVAS S/O SHIRE GOWDANA THIMME GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 60 YEARS SHARE NO. 139/2C
63. JAYAMMA W/O SRINIVAS GOWDA AGED ABOUT 56 YEARS SHARE NO. 142/2C
64. PRAKASH @ SWAMY S/O KEMPE GOWDA AGED ABOUT 62 YEARS SHARE NO.146/2C
65. LEELAVATHI W/O DOLLE GOWDA AGED ABOUT 47 YEARS SHARE NO.161/2C
66. NINGAMMA W/O LATE SIDDE GOWDA AGED ABOUT 36 YEARS SHARE NO. 178/2C
67. BHASKARA C V S/O C VADGALLE GOWDA AGED ABOUT 58 YEARS SHARE NO.192/2C
68. VENKATESH S/O SOTHE GOWDANA HUCHE GOWDANA THAMMAYYA AGED ABOUT 34 YEARS SHARE NO.8/B
69. HUCHE GOWDA S/O CHIKKANE GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 55 YEARS SHARE NO.25/1B
70. B H MAHESH S/O B HUCHE GOWDA AGED ABOUT 44 YEARS SHARE NO.58/1B
71. PRASANNA KUMAR S/O DASE GOWDA AGED ABOUT 56 YEARS SHARE NO.63/1B
72.
B N DEVARAJU S/O NINGE GOWDA AGED ABOUT 35 YEARS SHARE NO.65/1B
73. N NANJUNDE GOWDA S/O LINGE GOWDA AGED ABOUT 38 YEARS SHARE NO.81/1B
74. HUCHE GOWDA S/O GOVINDE GOWDA AGED ABOUT 70 YEARS SHARE NO.94/1B
75. SHIVANANJAPPA S/O PUJARI MADAPPA AGED ABOUT 62 YEARS SHARE NO.98/1B
76. MOGEGOWDA S/O GOVINDE GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 48 YEARS SHARE NO.102/1B
77. KAMALAMMA S/O HUCHC GOWDA AGED ABOUT 41 YEARS SHARE NO. 118/1B
78. LAKSHMAMMA W/O HUCHE GOWDA AGED ABOUT 33 YEARS SHARE NO. 122/1B
79. NAGAMMA W/O VENKATE GOWDA AGED ABOUT 42 YEARS SHARE NO.135/1B
80. NANJUNDE GOWDA S/O JAVARE GOWDA KIVADA SIDANA AGED ABOUT 48 YEARS SHARE NO.137/1B
81. PRADEEP S/O DASEGOWDA AGED ABOUT 61 YEARS SHARE NO.151/1B
82. PUTTA THAYAMMA W/O CHOWDEGOWDA AGED ABOUT 38 YEARS SHARE NO.159/1B
83. DASEGOWDA S/O MARAGEGOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 41 YEARS SHARE NO.176/1B
84. HUCHEGOWDA S/O CHIKKANNNA AGED ABOUT 55 YEARS SHARE NO.187/1B
85. NINGE GOWDA S/O JAYARAMANA CHIKAVANA NINGEGOWDA AGED ABOUT 35 YEARS SHARE NO.188/1B
86. DASEGOWDA S/O MARAIAH AGED ABOUT 61 YEARS SHARE NO.5/2B
87. ROOPA HS S/O KRISHNE GOWDA AGED ABOUT 40 YEARS SHARE NO.8/2B
88. PRAKASH S/O VENKATE GOWDA AGED ABOUT 45 YEARS SHARE NO.9/2B
89. VISHAKATA MURTHY S/O JAVARE GOWDA (SHAMBAYYANA) AGED ABOUT 48 YEARS SHARE NO.32/2B
90. PARIJATHA W/O LATE UMESH
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 38 YEARS SHARE NO.38/2B
91. SAMPATH KUMAR S/O VENKATEGOWDA AGED ABOUT 44 YEARS SHARE NO.40/2B
92. BASVEGOWDA S/O BUJAGAYANA BASAVEGOWDA AGED ABOUT 41 YEARS SHARE NO.19/1B
93. P RAVINDRA S/O PUTTEGOWDA AGED ABOUT 33 YEARS SHARE NO.93/1B
94. BASAVEGOWDA S/O CHAMAMANA BASVAE GOWDA AGED ABOUT 44 YEARS SHARE NO.142/1B
95. B K NAGARAJU S/O KULLEGOWDA AGED ABOUT 54 YEARS SHARE NO. 162/1B
96. PUSHPA W/O NANJUNDEGOWDA BHUJAGAYANA AGED ABOUT 38 YEARS SHARE NO.184/1B
97.
HOMBE GOWDA S/O JOGISIDANA HOMBE GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 65 YEARS SHARE NO.89/H
98. SUBBAIAH S/O JAVARE GOWDA AGED ABOUT 70 YEARS SHARE NO.95/3H
99. KUMARA A M S/O AM MADEGOWDA AGED ABOUT 50 YEARS SHARE NO.1/1A
100. KUMARA S/O HONNAGIRIGOWDA @ PAJALU AGED ABOUT 42 YEARS SHARE NO.5/1A
101. GANGADHAR S/O RANGEGOWDA AGED ABOUT 60 YEARS SHARE NO.77/1A
102. C VIRABHADRAPPA S/O L CHENNAIAH AGED ABOUT 45 YEARS SHARE NO. 114/1A
103. JAYAMMA W/O GOVINDEGOWDA AGED ABOUT 40 YEARS SHARE NO. 126/1A
104. A L PUTTANNA S/O LINGEGOWDA @ THAMMAIAH
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 70 YEARS SHARE NO.131/1A
105. BALAKRISHNA S/O N RANGEGOWDA AGED ABOUT 34 YEARS SHARE NO.135/1A
106. M JAYASHEELA W/O MAHADEVAPPA AGED ABOUT 40 YEARS SHARE NO.162/1A
107. SAKAMMA W/O MOGAYYANA JAVANE GOWDNA SANNEGOWDA AGED ABOUT 42 YEARS SHARE NO. 173/1A
108. ASHWATHA @ KARIYAPPA S/O KENCHEGOWDA AGED ABOUT 30 YEARS SHARE NO. 178/1A
109. LEELAVATHI S/O RANGEGOWDA AGED ABOUT 38 YEARS SHARE NO.179/1A
110. K P SUSHEELAMMA W/O LATE A H SHIVARAME GOWDA AGED ABOUT 30 YEARS SHARE NO.181/1A
111. A M KRISHNE GOWDA S/O LATE MARIGOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 40 YEARS SHARE NO. 186/1A
112. HEMACHANDRA W/O A R BALAKRISHNA AGED ABOUT 48 YEARS SHARE NO.191/1A
113. K REVANNA S/O KEMPEGOWDA AGED ABOUT 42 YEARS SHARE NO. 192/1A
114. A M MAHADEVSWAMY S/O A MADAIAH AGED ABOUT 36 YEARS SHARE NO.2/2A
115. SHANKARE GOWDA S/O HUVAPPARNA NINGE GOWAD AGED ABOUT 48 YEARS SHARE NO.15/2A
116. PRAKASH S/O KENCHE GOWDA (NEELAMMARA) AGED ABOUT 50 YEARS SHARE NO.20/2A
117. LEELA W/O LINGEGOWDA AGED ABOUT 42 YEARS SHARE NO.24/2A
118. N SUSHEELAMMA W/O NINGARAJU
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 52 YEARS SHARE NO.41/2A
119. K KRISHNEGOWDA C/O THAYAMMA AGED ABOUT 36 YEARS SHARE NO.56/2A
120. GANGAMMA W/O MADEGOWDA AGED ABOUT 42 YEARS SHARE NO.60/2A
121.
BHAGYA W/O LATE KRISHNE GOWDA AGED ABOUT 48 YEARS SHARE NO.88/2A
122. RAMEGOWDA S/O JAVAREGOWDA (NARAVEGOWDA) AGED ABOUT 38 YEARS SHARE NO.90/2A
123. P GOPAL KRISHNA S/O K PUTTEGOWDA AGED ABOUT 45 YEARS SHARE NO.97/2A
124. RAJAMMA W/O LATE SHANKARE GOWDA AGED ABOUT 47 YEARS SHARE NO.99/2A
125. SUDHA S/O NAGEGOWDA @ NAGANNA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 58 YEARS SHARE NO. 104/2A
126. A M MAHESH S/O MADEGOWDA AGED ABOUT 39 YEARS SHARE NO. 106/2A
127. KEMPEGOWDA S/O R PUTTE GOWDA AGED ABOUT 40 YEARS SHARC NO.113/2A
128. RAMEGOWDA S/O DODDAPUTTEGOWDA AGED ABOUT 36 YEARS SHARE NO. 150/2A
129. M RADHA W/O N RAMESH AGED ABOUT 28 YEARS SHARE NO.152/2A
130. MADAMMA W/O A L THAMANNA AGED ABOUT 60 YEARS SHARE NO. 154/2A
131. RATHNAMMA W/O LATE KRISHNE GOWDA AGED ABOUT 43 YEARS SHARE NO.155/2A
132. RANGASWAMY S/O PUTTEGOWDA (ADDARANGAIAH)
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 48 YEARS SHARE NO.189/2A
133. KAMALA W/O J KRISHNA AGED ABOUT 36 YEARS SHARE NO.31/3A
134. M C KRISHNEGOWDA S/O SUBBEGOWDA @ CHIKKATHAMAYYA AGED ABOUT 45 YEARS SHARE NO.8/1MK
135. VINUTHA K M S/O KENCHEGOWDA AGED ABOUT 36 YEARS SHARE NO.13/1MK
136. CHIKKATHAYAMMA W/O M SIDDEGOWDA AGED ABOUT 43 YEARS SHARE NO.29/1MK
137. THIMMEGOWDA S/O CHIKKAGIRAGAMANA THIMMEGOWDA AGED ABOUT 63 YEARS SHARE NO.40/1MK
138. M S RAJAKUMARA S/O SANNEGOWDA AGED ABOUT 42 YEARS SHARE NO.44/1MK
139. SIDDEGOWDA S/O THIMAYYANA KARAGE GOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 40 YEARS SHARE NO.53/1MK
140. M R RAMESH S/O RANGEGOWDA @ MARIGOWDA AGED ABOUT 36 YEARS SHARE NO.65/1MK
141. DASEGOWDA S/O SANNEGOWDA (HUCHABATTI) AGED ABOUT 30 YEARS SHARE NO.66/1MK
142. K PUTTASWAMY S/O KRISHNEGOWDA AGED ABOUT 45 YEARS SHARE NO.67/1MK
143. R MAHESH S/O KURIKENCHEGOWDA @ RAMEGOWDA AGED ABOUT 41 YEARS SHARE NO.79/1MK
144. NAVEENA S/O HUCHEGOWDA AGED ABOUT 48 YEARS SHARE NO.82/1MK
145.
MANGALA W/O CHIKKADASEGOWDA AGED ABOUT 30 YEARS SHARE NO.90/1MK
146. BYAREGOWDA S/O MARIGOWDA
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NC: 2025:KHC:8368 WP No. 4619 of 2025
AGED ABOUT 27 YEARS SHARE NO.95/1MK
147. NAGARATHNAMMA W/O KUMARSWAMY AGED ABOUT 40 YEARS SHARE NO.107/1MK
ALL ARE MEMBERS OF CHAMANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, T NARASIPURA TALUK, MYSURU DISTRICT - 571 124 …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU 570001. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
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NC: 2025:KHC:8368 WP No. 4619 of 2025
HUNSURU SUB-DIVISION, HUNSURU TALUK, MYSURU-571105. 5. CHAMANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CHMANAHALLI VILLAGE, T NARASIPURA TALUK, MYSURU DISTRICT - 571124, REP. BY ITS CHIEF EXECUTIVE OFFICER (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
6. RETURNING OFFICER CHAMANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CHAMANAHALLI VILLAGE, T NARASIPURA TALUK, MYSURU DISTRICT - 571 124 …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 PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 BANK WHICH IS SCHEDULED TO BE HELD ON 19.02.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:8368 WP No. 4619 of 2025
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioners are seeking for the following prayers:-
"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 19.02.2025 produced at Annexure-A"
2. This Court by way of an interim arrangement on 17.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 19.02.2025 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.
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NC: 2025:KHC:8368 WP No. 4619 of 2025
4. Counsel for the petitioners submits that the election has been held as scheduled on 19.02.2025 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 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.
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NC: 2025:KHC:8368 WP No. 4619 of 2025
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 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 19.02.2025, if not already announced.
1 2022 (4) AKR 775
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NC: 2025:KHC:8368 WP No. 4619 of 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.
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.
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NC: 2025:KHC:8368 WP No. 4619 of 2025
vi. The votes 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.: 25 CT:SNN