Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8051 WP No. 2429 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2429 OF 2025 (CS-EL/M) BETWEEN:
1. PRAKASH A S/O APPU P AGED ABOUT 52 YEARS SHARE NO. 2255/16. 2. SHREEDHAR ITHAL S/O NARASIMHA ITHAL AGED ABOUT 70 YEARS SHARE NO.462/2 . 3. B R HARISHCHANDRA S/O RAME GOWDA AGED ABOUT 61 YEARS SHARE NO.480/2. 4. NAGESH S/O PUTTAYYA AGED ABOUT 63 YEARS SHARE NO. 1027/7. 5. CHANDRASHEKARA S/O RANGAYYA ACHARI AGED ABOUT 66 YEARS SHARE NO. 1035/7. 6. H S SANJAY S/O H B SATHYANARAYA AGED ABOUT 72 YEARS SHARE NO. 1237/9. 7. SHARAVATHI W/O KR CHANNAPPA GOWDA AGED ABOUT 76 YEARS
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8051 WP No. 2429 of 2025
SHARE NO. 1249/9. 8. H S REMARAJU S/O SHANKRAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO. 1269/9. 9. B R RAVISHANKAR S/O B C RAMAPPA GOWDA AGED ABOUT 69 YEARS SHARE NO. 1285/10 . 10. B H SRINATH S/OB R HARISHCHANDRA RAO AGED ABOUT 45 YEARS SHARE NO. 1336/10 . 11. N R SATHISH S/O RAMANAIKA AGED ABOUT 69 YEARS SHARE NO. 1375/11 . 12. VASANTHAMMA W/O KRISHNAMURTHY AGED ABOUT 66 YEARS SHARE NO. 1399/11 . 13. SHASHIDHARA H N S/O NEELANAIKA AGED ABOUT 76 YEARS SHARE NO. 1412/11 . 14. THIMMAPPA S/O SUBBA NAIKA AGED ABOUT 64 YEARS SHARE NO.1446/11 . 15. K V GAYATHRI W/O KRISHNAPPA AGED ABOUT 55 YEARS SHARE NO. 1467/12 . 16. H K PARAMESHWARAPPA S/O KOLLANAIKA AGED ABOUT 75 YEARS SHARE NO. 1469/12 . - 3 -
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17. BHEMAPPA S/O HANUMANTHAPPA AGED ABOUT 65 YEARS SHARE NO. 1492/12 . 18. SREKANTA POOJARI S/O BADIYA POOJARI AGED ABOUT 65 YEARS SHARE NO. 1514/12 . 19. URESHA I H S/O HUVAPPA GOWDA AGED ABOUT 51 YEARS SHARE NO.1517/12 . 20. SUSHELAMMA W/O DODDA MANJANAIKA AGED ABOUT 70 YEARS SHARE NO. 1525/12 . 21. AVINASH S/O SOME GOWDA AGED ABOUT 35 YEARS SHARE NO. 1531/12 . 22. H P DEVARAJ S/O PADMANAIK AGED ABOUT 59 YEARS SHARE NO.1540/12 . 23. K H SAMPATH KUMAR S/O HIRIYANNA GOWDA AGED ABOUT 60 YEARS SHARE NO. 1563/13 . 24. YOGESH S/O GARADIYAPPA AGED ABOUT 64 YEARS SHARE NO. 1589/13 . 25.
SARASWATHI S A W/O SUDHAKARA H L AGED ABOUT 52 YEARS SHARE NO.1597/13 . 26. M A VASUDEVA
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S/O H ACHANNA ACHARI K AGED ABOUT 61 YEARS SHARE NO. 1633/13 . 27. SRINIVAS K M S/O MYLA AGED ABOUT 42 YEARS SHARE NO.1729/13 . 28. RADHA W/O SUBRAMANYA AGED ABOUT 60 YEARS SHARE NO.1730/13 . 29. SMITHA W/O SATHISH KUMAR AGED ABOUT 46 YEARS SHARE NO.1738/13 . 30. H M SUBRAMANYA S/O H MANJANAIKA AGED ABOUT 65 YEARS SHARE NO. 1752/14 . 31. H D DARMAPPA S/O DEVANAIKA AGED ABOUT 65YEARS SHARE NO.1790/14 . 32. ANNAPPA S/O SUBBNNA AGED ABOUT 60 YEARS SHARE NO. 1800/14 . 33. K P KORAKUNJA S/O K K POULOS AGED ABOUT 65 YEARS SHARE NO. 1803/14 . 34. RATHNA W/O NAGESH AGED ABOUT 50 YEARS SHARE NO. 1901/14 . 35. K L SUVRNA W/O SURESH
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AGED ABOUT 70 YEARS, SHARE NO. 1913/15 . 36. VEDAVATHI W/O LAKSHMAN GOWDA AGED ABOUT 70 YEARS SHARE NO. 1935/15 . 37. VAGDEVI W/O ANANDA AGED ABOUT 58 YEARS SHARE NO. 1937/15 . 38. SARASWATHI W/O JAYDEVSHETTY AGED ABOUT 50 YEARS SHARE NO. 1952/15 . 39. VEENA W/O KUMARA SWAMY AGED ABOUT 60 YEARS SHARE NO. 1959/15 . 40. ASHA W/O SRIKANTH N R AGED ABOUT 50 YEARS SHARE NO. 1970/15 . 41. PRABHA W/O PRAPULCHANDRA AGED ABOUT 50 YEARS SHARE NO. 1971/15 . 42. JAYANTHI W/O MANJUNATH AGED ABOUT 65 YEARS SHARE NO.1975/15 . 43. SUNANDA WO NAGARAJ AGED ABOUT 55 YEARS SHARE NO. 1976/15 . 44. PRIYA W/O KUMAR AGED ABOUT 45 YEARS
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SHARE NO. 1980/15 . 45. RASHMI W/O UMESH AGE 45 YEARS SHARE NO. 1986/15 . 46. SAVITRI W/O GANESH AGED ABOUT 55 YEARS SHARE NO. 2048/15. 47. RAKESH S/O BR JAGADEESH AGED ABOUT 35 YEARS SHARE NO. 2114/16. 48.
J L SHASHIKANTH S/O SUSHEELA AGED ABOUT 48 YEARS SHARE NO. 2118/16. 49. NAGESH ACHAR S/O ANNAPPA ACHAR AGED ABOUT 65 YEARS SHARE NO. 2147/16. 50. VEERABHADRA S/O ERAYYA AGED ABOUT 65 YEARS SHARE NO. 2166/16. 51. KESHAVA @ SATHISH H K S/O KRISHNE GOWDA AGED ABOUT 35 YEARS SHARE NO. 2234/16. 52. UMESH S/O ERAYYA AGED ABOUT 49 YEARS SHARE NO. 1502/12 . 53. M R SUNDRESH S/O RANGAPPA GOWDA AGED ABOUT 56 YEARS SHARE NO.479/2 . - 7 -
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54. K V GANGADAR S/O VENKATAGIRI RAO AGED ABOUT 59 YEARS SHARE NO.484/2 . 55. T S ASHOKA S/OTDS SHANKRAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO.563/3 . 56. B R VANIPRAKASH W/OHV PRAKASH AGED ABOUT 52 YEARS SHARE NO.578/4 . 57. H B SRINIVAS S/O DODDA BISHNE GOWDA AGED ABOUT 52 YEARS SHARE NO.579/4 . 58. K M SAMPATH KUMAR S/O KP MANJAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO.286/4 . 59. K L KAMALAMMA W/O KT SIDDAPPA GOWDA AGED ABOUT 58 YEARS SHARE NO.703/5
60. N A JAGANATHA S/O ANNE GOWDA AGED ABOUT 60 YEARS SHARE NO.770/5 . 61. MV VASUDEVA S/O ERAPPA GOWDA AGED ABOUT 63 YEARS SHARE NO.835/5 . 62. HM CHANDRAPPA GOWDA S/O THIMME GOWDA AGED ABOUT 78 YEARS SHARE NO.913/6 . - 8 -
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63. BC VASU S/O CHANNAPPA GOWDA AGED ABOUT 64 YEARS SHARE NO.924/6 . 64. CHANDRAPPA S/O KADAPPA AGED ABOUT 66 YEARS SHARE NO.978/7 . 65. M M NAGENDRA S/O MANJAPPA GOWDA AGED ABOUT 75 YEARS SHARE NO. 1124/8 . 66. K PADMA WO HH JALENDRA AGED ABOUT 58 YEARS SHARE NO.1244/9
67. PRABHA W/O K NAGARAJ AGED ABOUT 69 YEARS SHARE NO.1248/9 . 68. BR DHARANESH S/O RAME GOWDA SHARE NO. 1281/10 . 69. D SAROJAMMA W/O TB T HARIYAPPA GOWDA AGED ABOUT 72 YEARS SHARE NO. 1290/10 . 70.
JAYAMMA W/O BHEMANNA AGED ABOUT 62 YEARS SHARE NO. 1302/10 . 71. K P KALAVATHI W/O MANJUNATH AGED ABOUT 64 YEARS SHARE NO. 1374/11 . 72. K N VINAY S/O K B NAGARAJ
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AGED ABOUT 45 YEARS SHARE NO.1414/11 . 73. SHARADAMMA W/O K MANJAPPA GOWDA AGED ABOUT 71 YEARS SHARE NO.1415/11 . 74. M S KRISHNAPPA GOWDA S/O SHESHAPPA GOWDA AGED ABOUT 56 YEARS SHARE NO.1428/11 . 75. K M NAGARAJ S/O MANJAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO. 1458/12
76. T S ANITHA W/O HH UMESH AGED ABOUT 52 YEARS SHARE NO. 1464/12 . 77. D MANJAMMA W/OTS YELLOJI RAO AGED ABOUT 52 YEARS SHARE NO.1480/12 . 78. NAGARATHNA G RAO W/O GOPALA RAO AGED ABOUT 59 YEARS SHARE NO.1412/12 . 79. J M SATHYANARAYANA S/O MANJAPPA AGED ABOUT 65 YEARS SHARE NO. 1549/12 . 80. RITHESH M K S/O KRISHNAPPA GOWDA AGED ABOUT 59 YEARS SHARE NO.1571/13 . 81. C S GEETHA W/O CD NARAYANA AGED ABOUT 49 YEARS
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NC: 2025:KHC:8051 WP No. 2429 of 2025
SHARE NO. 1602/13 . 82. INDIRA W/O BELLAPPA AGED ABOUT 59 YEARS SHARE NO. 1604/13 . 83. SAROJA W/O VASUDEVA AGED ABOUT 49 YEARS SHARE NO. 1611/13 . 84. N K SREEPALA S/O NM KRISHNAMURTHY AGED ABOUT 56 YEARS SHARE NO.1630/13 . 85. A S JAYALAKSHMI W/O B RAMESH AGED ABOUT 48 YEARS SHARE NO 1648/13 . 86. T NARAYANA S/O TMMAJAPPA AGED ABOUT 66 YEARS SHARE NO. 1673/13 . 87. DEVARAJ S/O SHESHAPPA GEWDA AGED ABOUT YEARS SHARE NO. 1676/13 . 88. K T SATHISH S/O BV THIMME GOWDA AGED ABOUT 68 YEARS SHARE NO. 1688/13 . 89. MV SAVITRI W/O SIDDE GOWDA AGED ABOUT 56 YEARS SHARE NO. 1691/13 . 90. BEENA D/O BR CHINNAYYA AGED ABOUT 51 YEARS SHARE NO. 1712/13 . - 11 -
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91.
N R SRIKANTH S/O NT RUKMANAYYA GOWDA AGED ABOUT 65 YEARS, SHARE NO. 1713/13 . 92. B M VASANTHA KUMAR S/O BT MANJAPPA GOWDA AGED ABOUT 62 YEARS SHARE NO. 1747/13 . 93. K B KESHAV S/O B BHASKAR GOWDA AGED ABOUT 68 YEARS, SHARE NO. 1758/14 . 94. SAROJA W/O SATHISH AGED ABOUT 46 YEARS SHARE NO. 1769/14 . 95. YASHODHA S/O NAGARAJ AGED ABOUT 66 YEARS SHARE NO. 1778/14 . 96. LALITHAMMA W/O KUMAR AGED ABOUT 56 YEARS, SHARE NO.1779/14. 97. K UPENDRA S/O KRISHNE GOWDA AGED ABOUT 61 YEARS SHARE NO.1782/14 . 98. VEENA W/O MR YOGESH AGED ABOUT 49 YEARS SHARE NO. 1907/14 . 99. YASHODHA W/O PRAKASH AGED ABOUT 62 YEARS SHARE NO.1944/15 . 100. MALINI W/O VASANTHA KUMAR AGED ABOUT 45 YEARS SHARE NO. 2014/15
101. GIRIJA POOJARATHI W/O KUKRAPOOJARI AGED ABOUT 56 YEARS SHARE NO.2263/16. - 12 -
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102. K Y UMESH S/O YELLAPPA GOWDA AGED ABOUT 56 YEARS SHARE NO.2271/16 . 103. KANAKA W/O KRISHNAMURTHY AGED ABOUT 70 YEARS SHARE NO.2276/17. ALL PETITIONERS ARE THE MEMBERS OF THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., CHIKKAMAGALURU DISTRICT - 577 134. …PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT, ELECTION OFFICER, NEAR ZILLA PANCHAYATHA OPP TO FIRE STATION K.M.ROAD. JYOTHINAGAR CHIKKAMAGALURU - 577102. 4. RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD., CHIKKAMAGALURU DISTRICT - 577 134. 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, MUTTINAKOPPA, N.R.PURA TALUK,
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NC: 2025:KHC:8051 WP No. 2429 of 2025
CHIKKAMAGALURU DISTRICT-577134 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
(RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA 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;
SRI SACHIN KUMAR J.M, ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-2 WHICH IS SCHEDULED TO BE HELD ON
02.02.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioners are seeking for the following prayers:-
"“i) Issue a writ of Mandamus directing the respondent Nos.2 to 5 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 which is scheduled to be held on 02/02/2025 in the interest of justice and equity.
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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 29.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition.
3. Heard Sri Devi Prasad Shetty, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Sachin Kumar J.M.,
learned counsel for respondent No.5.
4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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
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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.
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
1 2022 (4) AKR 775
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(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 02.02.2025.
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
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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.
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.: 12