Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7509 WP No. 3620 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. 3620 OF 2025 (CS-EL/M) BETWEEN:
1. SRI. HARISH A V S/O SRI. VENKATARAMEGOWDA, AGE: 37 YEARS, SHARE NO.237/52. 2. SMT. SUJATHA . V.S, W/O SRI. VENUGOPAL, AGE: 40 YEARS, SHARE NO. 183/69. 3. SRI. PUTTANNA SHETTY, S/O SRI. DEVAPPA SHETTY, AGE: 56 YEARS, SHARE NO. 172/46. 4. SRI. RAJEGOWDA, S/O SRI. KEMPEGOWDA, AGE: 48 YEARS, SHARE NO.136/52. 5. SRI. SUBBEGOWDA. T, S/O SRI. THIMMANNAGOWDA, AGE: 61 YEARS, SHARE NO.228/56. 6. SMT. RENUKA, W/O SRI. KULASHETTY, AGE: 39 YEARS, SHARE NO. 212/60 . 7. SMT. SHARADAMMA, W/O SRI. KUMARASWAMY. J.M, AGE: 52 YEARS, SHARE NO. 126/63. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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8. SRI. BASAVEGOWDA , S/O SRI. SUBBEGOWDA, AGE: 58 YEARS, SHARE NO.008/66. 9. SRI. NARASEGOWDA, S/O SRI. MALEGOWDA, AGE: 62 YEARS, SHARE NO.214/36
10. SRI. SOMASHEKARA. J.S , S/O SRI. SANNEGOWDA, AGE: 42 YEARS, SHARE NO.068/42. 11. SRI. ANKEGOWDA. J.R, S/O SRI. RAMEGOWDA, AGE: 54 YEARS, SHARE NO.240/52. 12. SRI. SHIVAKUMAR. J.C , S/O SRI. CHINNAVENKATEGOWDA, AGE: 41 YEARS, SHARE NO.129/53. 13. SRI. DEVARAJEGOWDA. J.S S/O SRI. SHIVANNEGOWDA, AGE: 44 YEARS, SHARE NO. 132/55. 14. SRI. RAMESHA, S/O SRI. SANNEGOWDA, AGE: 40 YEARS, SHARE NO. 147/55. 15. NARASIMHARAJU. J.P, S/O SRI. PUTTEGOWDA, AGE: 49 YEARS, SHARE NO. 36/56. 16. SMT. AMBUJA. J.G , W/O SRI. SOMASHEKHAR J.S, AGE: 54 YEARS, SHARE NO. 189/61. - 3 -
NC: 2025:KHC:7509 WP No. 3620 of 2025
17. SRI. RAJEGOWDA. J.G, S/O SRI. JOGIGOWDA, AGE: 52 YEARS, SHARE NO. 102/70. 18. SMT. JAYAMMA, W/O LATE. NINGEGOWDA, AGE: 61 YEARS, SHARE NO.124/80
19. SRI. SOMASHEKAHRA. N, S/O LATE NINGEGOWDA, AGE: 35 YEARS, SHARE NO. 116/90. 20. SRI. SHIVARAJU. B, S/O LATE BEREGOWDA, AGE: 43 YEARS, SHARE NO.074/66. 21. SRI. ANNAIAH, S/O LATE BEREGOWDA, AGE: 39 YEARS, SHARE NO.166/84. 22. SRI. RAMAKRISHNEGOWDA. K.M., S/O LATE MUDDEGOWDA, AGE: 51 YEARS, SHARE NO. 88/44. 23. SRI. KALEGOWDA. K.N, S/O SRI. NANJEGOWDA, AGE: 53 YEARS, SHARE NO.240/44. 24. SRI. TATEGOWDA. K.N, S/O SRI. NANJEGOWDA, AGE: 57 YEARS, SHARE NO. 97/49. 25. SRI. RAJEGOWDA, S/O LATE SHIKARIGOWDA, AGE: 59 YEARS, SHARE NO. 128/85. - 4 -
NC: 2025:KHC:7509 WP No. 3620 of 2025
26. SRI. MAHESH.
K.R, S/O SRI. RAJEGOWDA. B, AGE: 39 YEARS, SHARE NO.206/90. 27. SRI. SUBBEGOWDA, S/O LATE. BORALINGEGOWDA, AGE: 62 YEARS, SHARE NO. 211/90. 28. SRI. KRISHNEGOWDA. M S/O SRI. MUDDEGOWDA, AGE: 55 YEARS, SHARE NO. 29/40. 29. SRI. RAVI. J.A, S/O SRI. ANNEGOWDA. G.P, AGE: 36 YEARS, SHARE NO. 148/41. 30. SRI. VENKATESH K.R, S/O SRI. RANGEGOWDA, AGE: 42 YEARS, SHARE NO.004/88. 31. SRI. TULASIRAM. G.G , S/O SRI. JAVAREGOWDA, AGE: 47 YEARS SHARE NO. 16/56. 32. SRI. CHIKKEGOWDA , S/O SRI. SANNEGOWDA, AGE: 62 YEARS, SHARE NO.141/56. 33. SRI. JGADISH PATIL. D.A, S/O SRI. MALLESHAYYA, AGE: 45 YEARS, SHARE NO.065/72. 34. SRI. CHANDRASHEKAR GOWDA, S/O LATE MAYEGOWDA, AGE: 50 YEARS, SHARE NO. 91/40. - 5 -
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35. SRI. DHANAJAYA. P.K, S/O SRI. KARISIDDEGOWDA, AGE: 34 YEARS, SHARE NO. 176/53. 36. SRI. SHIVAKUMARA, S/O SRI. PUTTASWAMYGOWDA, AGE: 43 YEARS, SHARE NO.34/56. 37. SRI. DEVARAJU. P.K , S/O SRI. KUNNEGOWDA, AGE: 54 YEARS, SHARE NO.53/52. 38. SRI. KRISHNEGOWDA, S/O SRI. SANNAKENGEGOWDA, AGE: 56 YEARS, SHARE NO. 111/62. 39. SMT. SAROJAMMA. P.K, W/O SRI. MADEGOWDA, AGE: 51 YEARS, SHARE NO.180/71. 40. SRI. P.M. SHIVAPPA, S/O SRI. MAYEGOWDA, AGE: 39 YEARS, SHARE NO.215/71. 41. SRI. MAHADEVAPPA , S/O LATE MADAPPA, AGE: 53 YEARS, SHARE NO. 012/85. 42. SMT. PREMA, W/O SRI. KOTEGOWDA, AGE: 46 YEARS, SHARE NO. 52/63. 43. SRI. RAMAKRISHNGOWDA, S/O SRI. MARCHIGOWDA @ SUBBEGOWDA, AGE: 52 YEARS, SHARE NO. 211/65. - 6 -
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44. SRI. SIDDEGOWDA. M.P, S/O SRI. PUTTEGOWDA, AGE: 58 YEARS, SHARE NO. 192/49. 45. SMT. SUJATHA, W/O LATE SIDDEGOWDA, AGE: 46 YEARS, SHARE NO. 138/65. 46. SMT. ANITHA, W/O SRI. SATISHA, AGE: 39 YEARS, SHARE NO.242/65. 47. SRI. CHANNARAJEGOWDA. A.P, S/O SRI. PUTTEGOWDA, AGE: 54 YEARS, SHARE NO.230/33. 48. SRI. SHIVARAMU , S/O SRI. PUTTEGOWDA, AGE: 50 YEARS, SHARE NO. 231/33. 49. SMT. PARVATHAMMA, W/O SRI. RAJEGOWDA. M.N, AGE: 51 YEARS, SHARE NO. 002/70. 50. SRI. KRISHNAMURTHY. B.L.
S/O SRI. LAKSHMINARAYANA.
B.G, AGE: 55 YEARS, SHARE NO. 283/35. 51. SMT. MAHADEVAMMA, W/O SRI. NANJUNDEGOWDA, AGE: 58 YEARS, SHARE NO. 31/46. 52. SRI. NAGARAJU. V.K, S/O SRI. KRISHNEGOWDA, AGE: 48 YEARS, SHARE NO. 88/61. 53. SRI. HARISH. M.S,
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NC: 2025:KHC:7509 WP No. 3620 of 2025
S/O SRI. SATHYANARAYANA. M.B, AGE: 36 YEARS, SHARE NO. 189/43. 54. SMT. YASHODAMMA, W/O SRI. DEVEGOWDA. M.N, AGE: 62 YEARS, SHARE NO. 229/53. 55. SRI. TULASIRAM. M.D, S/O SRI. DEVEGOWDA. M.N, AGE: 31 YEARS, SHARE NO. 152/54. 56. SRI. BALAKRISHNEGOWDA, S/O SRI. BYREGOWDA, AGE: 47 YEARS, SHARE NO. 14/56. 57. SRI. DEVARAJEGOWDA M.R, S/O SRI. RAMEGOWDA, AGE: 55 YEARS, SHARE NO. 122/63. 58. SRI. MANJUNATHA. M.C, S/O SRI. CHANNEGOWDA, AGE: 43 YEARS, SHARE NO. 192/74. 59. SRI. NARAYANASWAMY. M.R , S/O SRI. RAJEGOWDA. M. V, AGE: 51 YEARS, SHARE NO. 033/87
60. SRI. SATHYANARAYANA, S/O LATE DODDAKALEGOWDA, AGE: 52 YEARS, SHARE NO. 117/90. 61. SRI. PUTTASWAMYGOWDA. S.P, S/O SRI. PUTTEGOWDA, AGE: 56 YEARS, SHARE NO. 190/70. 62. SRI. S.B. MAHADEVAPPA , S/O SRI. BASAPPA M,
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NC: 2025:KHC:7509 WP No. 3620 of 2025
AGE: 58 YEARS, SHARE NO. 72/52. 63. SRI. KRISHNEGOWDA K.M, S/O SRI. MARIKALEGOWDA, AGE: 54 YEARS, SHARE NO. 135/28. 64. SRI. BASAVARAJU. S.D, S/O SRI. DEVEGOWDA, AGE: 48 YEARS, SHARE NO. 10/51. 65. SRI. KRISHNEGOWDA. A.
S/O SRI. SANNA APPAJIGOWDA, AGE: 56 YEARS, SHARE NO. 11/51. 66. SRI. MOHAN. S.G., S/O SRI. GOWDAIAH. S.G, AGE: 38 YEARS, SHARE NO. 56/52. 67. SRI. DHARMENDRA. S.N., S/O SRI. NINGEGOWDA, AGE: 44 YEARS, SHARE NO. 217/61. 68. SRI. GIRISH. S.D , S/O SRI. DEVEGOWDA @ GENDEGOWDA, AGE: 38 YEARS, SHARE NO. 22/62. 69. SRI. CHANDRAPPA. S.G, S/O SRI. GOWDAIAH. S.G, AGE: 56 YEARS, SHARE NO. 047/72. 70. SMT. PADMAMMA, W/O SRI. JAYARAMEGOWDA, AGE: 55 YEARS, SHARE NO. 121/84. 71. SMT. BETTAMMA, W/O LATE JAVARAIAH,
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AGE: 59 YEARS, SHARE NO. 089/90. 72. SRI.
RAMESH, S/O SRI. HANUMEGOWDA AGE: 41 YEARS, SHARE NO. 249/62. ALL ARE THE MEMBERS OF THE KRISHNARAJAPETE TALUK PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. KRISHNARAJAPETE TALUK, MANDYA DISTRICT-571 426. …PETITIONERS (BY SRI. RAVINDRA PRASAD B., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU-560 001. REP BY ITS PRINCIPAL SECRETARY
2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC,
“A” BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA TALUK, MANDYA DISTRICT-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE RETURNING OFFICER THE KRISHNARAJAPETE TALUK PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
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NC: 2025:KHC:7509 WP No. 3620 of 2025
DEVELOPMENT BANK LTD. KRISHNARAJAPETE TALUK, MANDYA DISTRICT-571 426. 6. THE KRISHNARAJAPETE TALUK PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. KRISHNARAJAPETE TALUK, MANDYA DISTRICT-571 426. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) …RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. SHIVARAN R. BHAT, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST I.E., ANNEXURE-B, AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 6TH RESPONDENT BANK/SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 08.02.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
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NC: 2025:KHC:7509 WP No. 3620 of 2025
ORAL ORDER The petitioners are seeking for the following prayers:-
“a) Issue a writ of Mandamus Directing the Respondent No.5 and 6 include the name of the Petitioners in the eligible voters list i.e., Annexure-B, and permit the Petitioners to cast their votes in the election to the 6th Respondent Bank/Society Board which is schedule to be held on 08-02-2025. b) Issue a writ of certiorari to quash the undated Disqualification Voter list passed by Respondent no.6 vide Annexure-C so far concern to the Petitioners.”
2. 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.
3. Heard Sri Ravindra Prasad .B, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 5, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Shivaran R. Bhat,
learned counsel for respondent No.6.
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NC: 2025:KHC:7509 WP No. 3620 of 2025
4. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes.
5. Reiterating various contentions raised in the writ petition, it is mainly urged that the petitioners were not notified by any notice calling upon them to give a show-cause notice alleging the disqualification and it is violation of the Rules 13 and 14 of the Karnataka Co- Operative Societies Rules, 1960 (‘Rules’ for short). It is submitted that the mandate requirement under Rule 13-D (5) of the Rules in preparation of the electoral roll process has not been followed.
6.
Learned counsel appearing for the respondent- Society fairly submits that the requirements of the Rules have not been complied with.
7. The validity of the voters list cannot be adjudicated under Article 226 of the Constitution and the said dispute falls under Section 70 of the Karnataka Co-
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Operative Societies Act, 1959 (‘Act’ for short), if any raised. 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), permitted petitioners to vote in the election and on service of notice, and on admission made by the society that Rule 13-D (2-A) of the Rules, is not complied, permitted counting of votes cast by the petitioners and kept open all the contentions to be decided under Section 70 of the Act. Without expressing any opinion on the eligibility and ineligibility of the voters list prepared and keeping open all the contentions to be urged in a dispute, if raised any, this Court pass 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 08.02.2025.
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 List No.: 2 Sl No.: 41