Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8049 WP No. 33547 of 2024
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. 33547 OF 2024 (CS-EL/M) BETWEEN:
1. NAGABHUISHANA H M S/O MRUTHYUNJAYA AGED ABOUT 31 YEARS, HEBBIGE, HOSANAGARA TQ, SHIVAMOGGA DIST-577452 SHARE NO.1191. 2. GANAPATHI S/O MANJUNAIKA, AGED ABOUT 52 YEARS, CHINNANI, NITTUR POST, HOSANAGARA TQ, SHIVAMOGGA DIST-577452 SHARE NO.833. 3. MANGALA W/O MANJUNATHA H L AGED ABOUT 54 YEARS, NITTUR POST, HOSANAGARA TQ SHIVAMOGGA DIST - 577452 SHARE NO.313. 4. APPANNAYYA U K S/O RAMACHADRAYYA AGED ABOUT 70 YEARS, UDUCHE, HEBBIGE POST, HOSANAGARA,SHIVAMOGGA - 577452 SHARE NO.20. 5. GANAPATHI S/O BHIMA NAIKA AGED ABOUT 36 YEARS, HEBBIGE POST, HOSANAGARA, SHIVAMOGGA - 577452 SHARE NO.1138. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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6. DYAVA DEVADIGA S/O RAMA DEVADIGA AGED ABOUT 56 YEARS, BENNETTE, NITTUR POST HOSANAGARA TALUKU, SHIVAMOGGA 577452 SHARE NO.110. 7. KRISHNAMURTHY K A S/O ANANTHAYYA AGED ABOUT 67 YEARS, KABBINAKUDIGE, NITTUR POST HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.224. 8. JYOTHI H P W/O SHASHIKANTHA AGED ABOUT 53 YEARS, NAVEELKUDIGE, NITTUR POST HOSANAGARA TALUKU, SHIVAMOGGA 577452 SHARE NO.791. 9. GEERISHA S/O HUCHHAPPA AGED ABOUT 36 YEARS, BENNETTE, NITTUR, HOSANAGARA, SHIVAMOGGA DISTRICT 577452 SHARE NO.1072. 10. ANURADHA W/O ASHWATHA AGED ABOUT 44 YEARS, LINGADKAI, NITTUR POST HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.1206. 11. SUMA B S W/O SURYANARAYANA AGED ABOUT 47 YEARS, BENNETTE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.1278. 12. GURUMURTHY K A S/O ANANTHAYYA AGED ABOUT 65 YEARS,
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KABBINKUDIGE, NITTUR, HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.1340. 13. GANAPATHI S/O RAMAPPA AGED ABOUT 40 YEARS, MADAVI, NITTUR, HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.161. 14. LAXMINARAYANA J S S/O SUBRAYA AGED ABOUT 70 YEARS, JATTIMANE, NITTUR, HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.263. 15. MANJUNATHA S/O SUBBA AGED ABOUT 33 YEARS, HIDLUMANE, NITTUR, HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.339. 16. RAMACHANDRA M S S/O M.SUBBARAO AGED ABOUT 56 YEARS, MADAVI, NITTUR, HOSANAGARA, SHIVAMOGGA DISTRICT 577452 SHARE NO.493. 17. RAMANANDA BHAT S/O SADASHIVA BHAT AGED ABOUT 60 YEARS, ADEMANE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.496. 18. SAVITRAMMA W/O BHASKAR RAO AGED ABOUT 68 YEARS, KUMBALE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.611. 19.
VENKATARAMANAYYA M S S/O SUBBARAO
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AGED ABOUT 70 YEARS, GUDDEHITLU, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.777. 20. LAKSHMIDEVI W/O VENKATARAMANA BHAT AGED ABOUT 70 YEARS, AMBLADI, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.867. 21. RAMAPPA S/O PAYAPPA AGED ABOUT 60 YEARS, HIREMANE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.880. 22. SANTHOSHA S/O HIRIYA POOJARI AGED ABOUT 34 YEARS, HIREMANE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.908. 23. SUDHAKARA S/O DAYANANDA AGED ABOUT 30 YEARS, HIREMANE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.1026. 24. JAYARAMA M K S/O KOLLAPPA AGED ABOUT 32 YEARS, MADAVI, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.1148. 25. CHANDRASHEKARA S/O SHANKARA AGED ABOUT 50 YEARS, MADAVI, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.1374. - 5 -
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26. BEERA S/O BADRA AGED ABOUT 53 YEARS, MAVINAGUDDE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.55. 27. DINESHA S/O SHESHAPPA AGED ABOUT 45 YEARS, DOSEMAKKI, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.116. 28. JOSEPH S/O ANTHONY AGED ABOUT 45 YEARS, GOWRIKERE, NITTUR HOSANAGARA, SHIVAMOGGA 577452 SHARE NO.190. 29. KRISHNAMURTHI K R S/O RAMACHANDRAYYA AGED ABOUT 50 YEARS, NITTUR, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.213. 30. KRISHNAMURTHI M S S/O SUBBARAO M K AGED ABOUT 68 YEARS, NAGODI, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO. 221. 31. KORAGA S/O BADIYANAIKA AGED ABOUT 67 YEARS, BAGGIJEDDU, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.242. 32. LAKSHMAMMA W/O CHANDARASHEKARA M K AGED ABOUT 60 YEARS, NITTURU, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.273. 33. MAMATHA D/O MADHA
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AGED ABOUT 25 YEARS, SIDLAKUNI, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.358. 34. NARAYANA SHETTY S/O KRISHNA SHETTY AGED ABOUT 57 YEARS, BELURU, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.384. 35. NAVEENA N S S/O SANJEEVA AGED ABOUT 36 YEARS, NITTUR, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.395. 36. PRADEEP . S/O SANJEEVA AGED ABOUT 45 YEARS, NITTUR, HOSANAGARA, SHIVAMOGGA - 577452 SHARE NO.437. 37. RAJU M R S/O HIRIYANAIKA AGED ABOUT 56 YEARS, MUNDGEMANE, NITTUR HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.497. 38.
RAGHAVENDRA K O S/O OMKARAYYA AGED ABOUT 47 YEARS, MAGALU, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.517. 39. SRINIVAS RAD S/O KRISHNAYYA AGED ABOUT 73 YEARS ADIKESHINI, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.537. 40. SUBRAMANYA A G S/O GANAPAYYA
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AGED ABOUT 50 YEARS, ADEKESHINI, NITTUR POST NOSANAGARA, SHIVAMOGGA-577452 SHARE NO.583. 41. SANMANJA S/O CHOWDA AGED ABOUT 70 YEARS LAKMANE, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.614. 42. SHIVANANDA K K S/O KRISHNABHAT K S AGED ABOUT 68 YEARS, MUNDIGEMANE, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.695. 43. SUNITHA D/O NAGARAJA AGED ABOUT 40 YEARS, BELURU, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.704. 44. JYOTHI SADANANDA W/O SADANANDA HOBLIDAR AGED ABOUT 50 YEARS, NITTUR, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452. SAHRE NO.787. 45. SANDEEPA N S S/O SHIVARAMA AGED ABOUT 40 YEARS, NITTUR, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.802. 46. LAKSHMAMMA W/O SANJEEVA AGED ABOUT 64 YEARS, NITTUR, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.807. 47. RAGHAVENDRA
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NC: 2025:KHC:8049 WP No. 33547 of 2024
S/O HARI BHATTA, AGED ABOUT 50 YEARS, N M LARMANE, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.826. 48. PRASHANTH R S/O RATNAKARA AGED ABOUT 38 YEARS, NITTUR, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO. 852. 49. RAJESHA C S/O CHANDRAYYA ACHARI AGED ABOUT 33 YEARS, KALYANICHOWKA, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.884. 50. SHIVAMURTHI S/O RATNAKARA ACHARI AGED ABOUT 40 YEARS, NITTURU, NITTUR POST HOSANAGARA, SHIVAMOGGA-577452 SHARE NO.901. …PETITIONERS (BY SRI GIREESHA KODGI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR. B.R AMBEDKAR VEEDHI BENGALURU-01. REPRESENTED BY ITS PRINCIPLE SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-27, REPRESENTED BY ITS SECRETARY. - 9 -
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3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKAR BHAVAN, 1ST FLOOR, DC OFFICE PREMISES, BASAVANAGUDI, SHIVAMOGGA, KARNATAKA 577201 drcs-shimoga-ka@nic.in. 4. SRI. SHRAVANA KUMAR U.M, ASSISTANT TEACHER, S.H.P.SHALE, KUMBALE, RETURNING OFFICER APPOINTED FOR PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, NITTURU, HOSANAGARA TALUK, SHIVAMOGGA DIST-577452. 5.
PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA, NITTURU, HOSANAGARA TALUK, SHIVAMOGGA DIST-577452 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4;
SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2;
R-5 SERVED, UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OD INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST FOR THE YEAR 2024-25 AS PER ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 14.12.2024. 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
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NC: 2025:KHC:8049 WP No. 33547 of 2024
ORAL ORDER
The petitioners are seeking for the following prayers:-
"Wherefore, the petitioner most humbly prays that this Hon'ble Court may be pleased to issue, i. Issue a writ of mandamus directing the respondent no.2 to 5 to include the name of the petitioners in the eligible voters list for the year 2024-25 as per Annexure-B and permit the petitioners to cast their votes in the elections to the respondent no.5 which is scheduled to be held on 14.12.2024. 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 10.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 14.12.2024 subject to final outcome of this petition.
3. Heard Sri Gireesha Kodgi, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for
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respondent Nos.1, 3 and 4 and Sri T.L. Kiran Kumar,
learned counsel for respondent No.2.
4. Respondent No.5 though served has chosen to remain absent.
5. Counsel for the petitioners submits that the election has been held as scheduled on 14.12.2024 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 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
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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 14.12.2024, if not already announced.
1 2022 (4) AKR 775
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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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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.: 19