Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7503 WP No. 3503 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3503 OF 2025 (CS-EL/M) BETWEEN:
1. VARADHARAJEGOWDA. B S/O BYATEGOWDA, AGED ABOUT 65 YEARS, R/AT YADAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 2. GURUPRASAD, S/O SIDDALINGAIAH, AGED ABOUT 45 YEARS, R/AT DODDAYACHANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 3. RAMESH V.D, S/O DEVEGOWDA V.R, AGED ABOUT 62 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
4. YESHODHAMMA, S/O LATE YOGEGOWDA, AGED ABOUT 55 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 5. V.K.RAJEGOWDA, S/O KRISHNEGOWDA, AGED ABOUT 75 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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6. CHANDREGOWDA, S/O KENGEGOWDA, AGED ABOUT 83 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
7. V.R.LAKKARAJEGOWDA, S/O RAMEGOWDA, AGED ABOUT 62 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
8. VINAY KUMAR.P.K, S/O KRISHNEGOWDA, AGED ABOUT 40 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 9. SHIVEGOWDA, S/O CHANNEGOWDA, AGED ABOUT 66 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
10. MANJEGOWDA S/O PUTTEGOWDA, AGED ABOUT 65 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 11. INDRAMMA, S/O SANNATHAMMEGOWDA, AGED ABOUT 52 YEARS, R/AT VITTALAPURA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 12. THAMMANGOWDA, S/O KARIGOWDA, AGED ABOUT 81 YEARS, R/AT MATHIGHATTA VILLAGE,
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K.R.PETE TALUK, MANDYA DISTRICT - 571 426
13. SOMASHEKARAPPA, S/O SUBBAIAH, AGED ABOUT 80 YEARS, R/AT MATHIGHATTA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
14. KUMAR.M.G, S/O GOWDAPPA, AGED ABOUT 66 YEARS, R/AT MATHIGHATTA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 15. VISHWANATH M.S, S/O LATE SUBBEGOWDA, AGED ABOUT 65 YEARS, R/AT MATHIGHATTA VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
16. H.S.SUBHAS, S/O SIDDEGOWDA, AGED ABOUT 56 YEARS, R/AT HOSAKOTE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 17. PUNEETH.B.N, S/O NINGEGOWDA, AGED ABOUT 50 YEARS, R/AT HOSAKOTE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 18.
KARNAKAR.D.B, S/O BOREGOWDA, AGED ABOUT 40 YEARS, R/AT DODDAYACHANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
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19. BOREGOWDA, S/O BOREGOWDA, AGED ABOUT 82 YEARS, R/AT DODDAYACHANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
20. PRASAD.D, S/O DEVEGOWDA, AGED ABOUT 65 YEARS, R/AT DODDAYACHANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
21. PRABHUSWAMY.D.S., S/O SHIVAPADASWAMY. D.L, AGED ABOUT 57 YEARS, R/AT DODDAYACHANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 22. VISHALAKSHMAMMA, S/O PUTTAPPA, AGED ABOUT 70 YEARS, R/AT MELLAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
23. MAHADEVAMMA, S/O MADAPPA, AGED ABOUT 80 YEARS, R/AT MELLAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
24. PARVATHARAJU D.V, S/O VEERAPPA, AGED ABOUT 59 YEARS, R/AT DODDAYACHANAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 25. KUMAR.S.M, S/O MOGANNAGOWDA.S.H, AGED ABOUT 65 YEARS, R/AT HODAKASHETTAHALLI VILLAGE,
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K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 26. RAMESH GOWDA.B, S/O BORALINGEGOWDA, AGED ABOUT 65 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
27. CHANDREGOWDA.S.H, S/O HANUMEGOWDA, AGED ABOUT 70 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 28. KUNTEGOWDA.S.H, S/O HALEGOWDA, AGED ABOUT 75 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 29. S.H.BORALINGEGOWDA, S/O HANUMEGOWDA, AGED ABOUT 68 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 30. MAHADEVEGOWDA, S/O RAMEGOWDA, AGED ABOUT 55 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 31. RANGEGOWDA, S/O RANGEGOWDA, AGED ABOUT 73 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. - 6 -
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32. H.V.NAGARAJEGOWDA, S/O VENKATEGOWDA, AGED ABOUT 68 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 33. S.R.KARIGOWDA, S/O RAMEGOWDA, AGED ABOUT 70 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 34.
PUTTARAJU, S/O SANNEGOWDA, AGED ABOUT 65 YEARS, R/AT HODAKASHETTAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 35. SHIVASHANKAREGOWDA, S/O BOREGOWDA, AGED ABOUT 66 YEARS, R/AT PARDESHIGOWDANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571426
36. MAHADEVA, S/O BOREGOWDA, AGED ABOUT 64 YEARS, R/AT PARDESHIGOWDANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
37. AMAVASEGOWDA, S/O HALLEGOWDA, AGED ABOUT 68 YEARS, R/AT PARDESHIGOWDANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
38. DEVEGOWDA, S/O KARIGOWDA, AGED ABOUT 42 YEARS, R/AT PARDESHIGOWDANAHALLI,
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K.R.PETE TALUK, MANDYA DISTRICT - 571 426
39. BOREGOWDA.P.S, S/O SUBBEGOWDA, AGED ABOUT 45 YEARS, R/AT PARDESHIGOWDANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
40. NAVEEN.A.G, W/O GOVINDEGOWDA.A.S, AGED ABOUT 42 YEARS, R/AT ARALAKUPPE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 41. PALAKSHA.A.H, S/O HOMBEGOWDA, AGED ABOUT 46 YEARS, R/AT ARALAKUPPE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 42. MANJEGOWDA, S/O SIDDUREGOWDA, AGED ABOUT 65 YEARS, R/AT ARALAKUPPE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
43. KRISHNA M, S/O MARAPPA @ MARANAYAK, AGED ABOUT 65 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
44. RAMALINGEGOWDA, S/O DEVEGOWDA, AGED ABOUT 68 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. - 8 -
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45. CHANDRASHEKAR.M.D, S/O DEVEGOWDA, AGED ABOUT 68 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 46. PRASANNAKUMAR.M.C, S/O CHANDRASHEKAR M.C, AGED ABOUT 51 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
47. MAHESH.M.R, S/O RANGASWAMY.M.B, AGED ABOUT 62 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 48. ANIL.D, S/O DODDATHIMMARAYAGOWDA, AGED ABOUT 45 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 49. RAJU.M.P, S/O PAPPEGOWDA, AGED ABOUT 46 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 50. LINGARAJEGOWDA.N, S/O NANJEGOWDA, AGED ABOUT 71 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 51.
JAYALAKSHMAMMA.M.P, W/O SOMEGOWDA.S, AGED ABOUT 65 YEARS, R/AT MODAVINAKODI VILLAGE,
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K.R.PETE TALUK, MANDYA DISTRICT - 571 426
52. SHIVARAMEGOWDA.M.G, S/O JAVAREGOWDA, AGED ABOUT 63 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 53. JAYALAKSHMI, W/O NAGARAJU, AGED ABOUT 46 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
54. CHANDRASHEKAR.M.B, S/O BOREGOWDA, AGED ABOUT 70 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 55. SRINIVAS.M.D, S/O DEVEGOWDA, AGED ABOUT 71 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
56. MANJEGOWDA.M.G, S/O JAVAREGOWDA, AGED ABOUT 62 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
57. SURESH.R, S/O RANGEGOWDA.K, AGED ABOUT 49 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. - 10 -
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58. KAMALAMMA, S/O CHANDRASHEKAR, AGED ABOUT 75 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 59. RENUKA, S/O KRISHNEGOWDA.M.K, AGED ABOUT 75 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 60. RAJEGOWDA.M.S, S/O SIDDAVEEREGOWDA, AGED ABOUT 80 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
61. VEERABHADRASHETTY, S/O NINGASHETTY, AGED ABOUT 63 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 62. HEMA.M.R, W/O RAJASHEKAR.M.N, AGED ABOUT 50 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 63. JAYARAMU.T, S/O THAMMAIAH M.S, AGED ABOUT 71 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426
64. NAGARATHNA, W/O LINGARAJEGOWDA, AGED ABOUT 56 YEARS, R/AT MODAVINAKODI VILLAGE,
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K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 65. DEVARAJU.M.R, S/O RANGEGOWDA, AGED ABOUT 65 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 66. MANJEGOWDA M.R, S/O RAMAKRISHNEGOWDA, AGED ABOUT 45 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 67.
JANAKAMMA, S/O NANJUNDEGOWDA, AGED ABOUT 70 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 68. HARISH.M.C, S/O CHANDRASHEKAR.M.B, AGED ABOUT 56 YEARS, R/AT MODAVINAKODI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 …PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY CO-OPERATION DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001
2. THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. “A” BLOCK, K.H. ROAD,
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BENGALURU - 560 027. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI-ASKAR ROAD, BENGALURU - 560 052. REPRESENTED BY REGISTRAR. 4. THE DISTRICT CO-OPERATIVE RETURNING OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA-571401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA MANDYA - 571434. 6. RETURNING OFFICER, PRATHAMIKA SAHAKARA KRISHI MATHU GRAMEENA ABHIVRUDHI BANK NIYAMITHA, KRISHNARAJAPETE, MANDYA- 571 423. 7. PRATHAMIKA SAHAKARA KRISHI MATHU GRAMEENA ABHIVRUDHI BANK NIYAMITHA, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER KRISHNARAJAPETE, MANDYA-571426 REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R6;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI. SHIVARAN R. BHAT, ADVOCATE FOR R7)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER The petitioners are seeking for the following prayers:-
“i) Issue a writ of appropriate nature to declare the 97th amendment to the constitution by inserting Part IXB to the Constitution of India, is in violation of Article 368(2) of the Constitution of India and also against the basic structure of the Constitution of India and Article 246(3) of the Constitution of India. ii) Declare that section 20(2) (a-iv) (a-v) is consequential and illegal and even otherwise, is ultravires the constitutional mandate under Article 243(ZO) (2) and Article 19(1) (c) read with Article 19 (4) of the Constitution of India and is therefore void under Article 13 of the Constitution of India. iii) Permit the Petitioners/Members of 7th respondent Co-operative society to vote in the elections to the 7th Respondent Co-Operative Society which is schedule on 08.02.2025 as per Annexure-A dated 23.01.2025.
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AND iv) Issue any incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity.”
2.
Learned counsel for the petitioners does not press prayer Nos.i and ii and hence, consideration of prayer Nos.i and ii would not arise.
3. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of this petition.
4. Heard Sri Roopesha .B, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Shivaran R. Bhat,
learned counsel for respondent No.7.
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5. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes.
6. Reiterating various contentions raised in the writ petition, it is mainly urged that the petitioners are included in the ineligible voters list on the ground of not attending three annual general body meeting. It is submitted that the notice of the annual general body meeting, which was conducted in 2016-2017, 2017-2018, 2018-2019 did not incorporate or intimate the member of the disqualification which would be suffered on account of non-participation. It is submitted that the society has conducted only four meetings and the requirement of five meetings was not complied with.
7.
Learned counsel appearing for the respondent- society submits that the petitioners having been permitted to cast their votes in the elections that was scheduled on 08.02.2025, the cast votes of the petitioners to be
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included and results be announced reserving liberty to the aggrieved party to approach the appropriate authority under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short).
8. 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 Act, 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.
1 2022 (4) AKR 775
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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 08.02.2025.
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 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
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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.
Sd/- ________________________ JUSTICE K.S. HEMALEKHA
MBM List No.: 2 Sl No.: 36