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2025 DAILYLAW 47378 (KAR)

CHANNABASAPPA S/O LAKSHMAPPA TOTAGI v. THE STATE CO-OPERATIVE ELECTION AUTHORITY

WA/100602/2024 · 2025-03-14

G Basavaraja, Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC-D:4775-DB WA No. 100602 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT APPEAL NO.100602 OF 2024 (CS-EL/M) BETWEEN: 1. CHANNABASAPPA S/O. LAKSHMAPPA TOTAGI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. CHIPPALAKATTI VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. 2. LAKKAPPA S/O. YALLAPPA NANDI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. CHIPPALAKATTI VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. 3. SURESH S/O. DUNDAPPA MURAKATNAL, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. K.CHANDARAGI VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. 4. MAHANTESH S/O. BASAPPA DYAMANNI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. K.CHANDARAGI VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.15 10:55:50 +0530 - 2 - NC: 2025:KHC-D:4775-DB WA No. 100602 of 2024 5. BASAVARAJ S/O. NINGAPPA TADASALUR, AGE. 40 YEARS, OCC: AGRICULTURE, R/O. K.CHANDARAGI VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. 6. GOUDAPPA S/O. SANGAPPA KERI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. HOSUR VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. 7. BASAYYA S/O. RACHAYYA HIREMATH, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. HOSUR VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. 8. RACHAYYA S/O. BASAYYA HIREMATH AGE: 32 YEARS, OCC: AGRICULTURE, R/O. HOSUR VILLAGE, TALUK: RAMADURG, DIST: BELAGAVI-591123. …APPELLANTS (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: 1. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU-560002, REPRESENTED BY ITS COMMISSIONER. 2. THE DEPUTY REGISTRAR OF CO-OEPRATIVE SOCIETIES, BELAGAVI DISTRICT, BELAGAVI-590001. 3. THE ELECTION OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY - 3 - NC: 2025:KHC-D:4775-DB WA No. 100602 of 2024 CO-OPERATIVE SOCIETIES, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DISTRCT-590001. 4. THE RETURNING OFFICER RAMADURGA TALUKA PRATHAMIKA SAHAKARA KRUSHI MATTU GRAMINA ABHIVRUDDHI BANK NIYAMITA, TALUK: RAMADURGA AND DISTRICT: BELAGAVI-591123. 5. THE RAMADURGA TALUKA PRATHAMIKA SAHAKARA KRUSHI MATTU GRAMINA ABHIVRUDDHI BANK NIYAMITA, TALUK: RAMADURGA AND DISTRICT: BELAGAVI-591123, REPRESENTEE BY CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. AHSOK T.KATTIMANI, AGA FOR R2; NOTICE TO R1, R3 TO R5 ARE SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER DATED 02/12/2024 PASSED IN WP NO.107227/2024 ON THE FILE OF HON’BLE SINGLE JUDGE. CONSEQUENTIALLY, PERMIT THE APPELLANTS TO CAST VOTES IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 5TH RESPONDENT SOCIETY SCHEDULED TO BE HELD ON 08/12/2024 AS PER THE CALENDAR OF EVENTS DATED 08/11/2024 PUBLISHED BY THE 4TH RESPONDENT VIDE ANNEXURE-A BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 4 - NC: 2025:KHC-D:4775-DB WA No. 100602 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Both learned counsel for appellants and learned Additional Government Advocate appearing for respondent No.2 on instructions submit that the elections are concluded and therefore, it is stated that the captioned appeal is rendered infructuous. It is also brought to our notice that the appellants' votes are considered while counting the votes and therefore, even on this count also, the appeal does not survive for consideration Recording their submissions, the writ appeal is dismissed for having become infructuous. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE AM Ct:vh List No.: 1 Sl No.: 11