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2025 DAILYLAW 70459 (KAR)

S H RUDRARADHYA v. THE STATE OF KARNATAKA

WP/23919/2025 · 2025-12-12

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52972 WP No. 23919 of 2025 C/W WP No. 23845 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 23919 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 23845 OF 2025 (CS-EL/M) IN WP NO. 23919/2025 BETWEEN: S.H. RUDRARADHYA, S/O. LATE HONNASHAMAIAH AGED ABOUT 50 YEARS SHANUBOGANAHALLI KASABA HOBLI, BACHANAHALLI POST MAGADI TALUK-562 120 BENGALURU SOUTH DISTRICT SL NO. 1460 MEMBERSHIP NO.1784 …PETITIONER (BY SRI. T DADAKHALANDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 BY ITS PRINCIPAL SECRETARY TO GOVERNMENT 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING 3RD FLOOR, SHANTHINAGARA, BENGALURU - 560 027 REP. BY ITS SECRETARY Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52972 WP No. 23919 of 2025 C/W WP No. 23845 of 2025 3. RETURNING OFFICER CUM CO-OPERATIVE DEVELOPMENT OFFICER, VEERASHAIVA CREDIT CO-OPERATIVE SOCIETY LTD GANESHA LAYOUT, MAGADI TOWN - 562 120, BENGALURU SOUTH DISTRICT 4. CHIEF EXECUTIVE OFFICER VEERASHAIVA CREDIT CO-OPERATIVE SOCIETY LTD, GANESHA LAYOUT MAGADI TOWN - 562 120 BENGALURU SOUTH DISTRICT (REGD UNDER KCS ACT 1959) 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION NO.146, SAHAKARA SOUDHA, 3RD FLOOR, MARGOSA ROAD, MALLESWARAM, BENGALURU - 560 003 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 5 SRI. A. DEVARAJ, ADVOCATE FOR R2 R4 - SD/-) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI BY QUASHING THE INELIGIBLE VOTERS PREPARED BY THE 4TH RESPONDENT SOCIETY VIDE ANNEXURE-E FOR THE ENSUING ELECTION SCHEDULED ON 17.08.2025 SO FAR THIS PETITIONER IS CONCERNED AS IT IS BAD IN LAW OF SHOWING THE NAME OF THE PETITIONER IN THE INELIGIBLE VOTERS LIST. AND ETC., IN WP NO. 23845/2025 BETWEEN: SIDDALINGAPPA B R S/O. LATE RAJASHEKARAIAH AGED ABOUT 53 YEARS RESIDING AT NO. 586, - 3 - HC-KAR NC: 2025:KHC:52972 WP No. 23919 of 2025 C/W WP No. 23845 of 2025 GOWRAMMANAKERE BEEDHI MAGADI TOWN - 562 120 BENGALURU SOUTH DISTRICT SL NO. 1446, MEMBERSHIP NO.1765 …PETITIONER (BY SRI. T DADAKHALANDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 BY ITS PRINCIPAL SECRETARY TO GOVERNMENT 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING 3RD FLOOR, SHANTHINAGARA, BENGALURU - 560 027 REP. BY ITS SECRETARY 3. RETURNING OFFICER CUM CO-OPERATIVE DEVELOPMENT OFFICER, VEERASHAIVA CREDIT CO-OPERATIVE SOCIETY LTD GANESHA LAYOUT, MAGADI TOWN - 562 120, BENGALURU SOUTH DISTRICT 4. CHIEF EXECUTIVE OFFICER VEERASHAIVA CREDIT CO-OPERATIVE SOCIETY LTD, GANESHA LAYOUT MAGADI TOWN - 562 120 BENGALURU SOUTH DISTRICT (REGD UNDER KCS ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & 3 SRI. A. DEVARAJ, ADVOCATE FOR R2 R4 - SD/-) - 4 - HC-KAR NC: 2025:KHC:52972 WP No. 23919 of 2025 C/W WP No. 23845 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE INELIGIBLE VOTERS PREPARED BY THE 4TH RESPONDENT SOCIETY VIDE ANNEXURE E FOR THE ENSUING ELECTION SCHEDULED ON 17- 8-2025 SO FAR THIS PETITIONER IS CONCERNED AS IT IS BAD IN LAW OF SHOWING THE NAME OF THE PETITIONER IN THE INELIGIBLE VOTERS LIST AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL COMMON ORDER Learned Additional Government Advocate for the respondents submits that the election was held on 17.08.2025. As per the interim orders dated 06.08.2025 and 07.08.2025 respectively, the petitioners were permitted to cast their votes. Accordingly, the petitioners have cast their votes and the same are kept separately. In view of the same, the petitions have rendered infructuous. Accordingly, the petitions are dismissed as having rendered infructuous. - 5 - HC-KAR NC: 2025:KHC:52972 WP No. 23919 of 2025 C/W WP No. 23845 of 2025 Respondent No.3 being the Returning Officer in WP No.23845/2025 and respondent No.4 being the Returning Officer in WP No.23919/2025 are directed to declare the result of the election without counting vote cast by the petitioners. The petitioners are at liberty to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, if they are advised to do so. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 2 Sl No.: 19