SRI.AMBEKALLU P KUSHALLAPA v. THE STATE OF KARNATAKA
WP/31938/2025 · 2025-11-03
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74909 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74909 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31938 OF 2025 (CS-EL/M) BETWEEN:
1. SRI.AMBEKALLU P. KUSHALLAPPA S/O PADMAIAH AGE 85 YEARS MEMBERSHIP NO.5708. 2. SRI HUDERI B RAJENDRA S/O BELIYAPPA AGE. 78 YEARS MEMBERSHIP NO. 3779
3. SRI KUKKERA S RAMAIAH S/O B.SOMAIAH AGE. 78 YEARS MEMBERSHIP NO. 4097
4. SRI THAKKADA S. SOMANNA S/O B. N. SUBRAYA AGE. 78 YEARS MEMBERSHIP NO. 4206
5. SRI KUYAAMUDI AND PORNAIAH S/O KALAPPA AGE. 52 YEARS MEMBERSHIP NO. 4570
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
6. SRI HUDERI B RAVINDRA S/O BELLIAPPA AGE. 62 YEARS MEMBERSHIP NO.5042
7. SRI TALOOR K ESHWARA S/O KUNJAPPA AGE 75 YEARS MEMBERSHIP NO.5215
8. SRI BAKELANA P BALAKRISHNA S/O POOVAIAH AGE 69 YEARS MEMBERSHIP NO.5269
9. SRI K.P. DEVPRASAD S/O BELLIAPPA AGE 56 YEARS MEMBERSHIP NO.5279
10. SRI SOODANA NAGESHA S/O PALANGAPPA AGE 49 YEARS MEMBERSHIP NO.5292
11. SRI YELADALU A SUDAKARA S/O AIYAPPA AGE 69 YEARS MEMBERSHIP NO.5368
12. SRI CHALIYANDA K BIDDAPPA S/O C. C. KUSHALAPPA AGE 76 YEARS MEMBERSHIP NO. 5561
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
13. SRI KARKARANA UTHAIAH S/O THAMAIAH AGE 62 YEARS MEMBERSHIP NO.5423
14. SRI KOPPADA S PALANGAPPA S/O SUBBAIAH AGE 55 YEARS MEMBERSHIP NO.5451
15. SRI TUMTHAJE R VENKATESH S/O T.M. RAMAPPA AGE 69 YEARS MEMBERSHIP NO.5486
16. SRI. NATOLANA K NANAIAH S/O N A KARIAYAPPA AGE 69 YEARS MEMBERSHIP NO.5501
17. SRI THAKKADE S THAMAIAH S/O T.S.SHIVAPPA AGE 64 YEARS MEMBERSHIP NO.5566
18. SRI KARKARANA S BOPAIAH S/O SUBBAIAH AGE 64 YEARS MEMBERSHIP NO.5564
19. SRI CHALIYANDA S UTHAIAH S/O SOMAIAH AGE 73 YEARS MEMBERSHIP NO.5587
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
20. SRI KUNJELANA S LOKANATH S/O K K SANNAIAH AGE 54 YEARS MEMBERSHIP NO. 5590
21. SRI KALLAMBI U PALANGAPPA S/O UTHAPPA AGE 75 YEARS MEMBERSHIP NO.5591
22. SRI B C KARUNAKARA S/O CHENNIYAPPA POOJARI AGE 53 YEARS MEMBERSHIP NO.5593
23. SRI CHERUMANDANDA K SOMANNA S/O C P KUNJAPPA AGE 56 YEARS MEMBERSHIP NO.5655
24. SRI NADUVATIRA U ANANTHA S/O N C UTHAIAH AGE 69 YEARS MEMBERSHIP NO.5658
25.
SRI P S BHARATH KUMAR S/O SETHARAM AGE 67 YEARS MEMBERSHIP NO.5660
26. SRI SOODANA S SAMMI S/O THAMAIAH AGE 55 YEARS MEMBERSHIP NO.5662
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
27. SRI SOODANA S GOPALA S/O S A SUBBAIAH AGE 61 YEARS MEMBERSHIP NO.5664
28. SRI B D VASANTHA S/O B S DERANNA AGE 65 YEARS MEMBERSHIP NO.5669
29. SRI KOODAKANDI N JAYAKUMAR S/O K M NANJAPPA AGE 67 YEARS MEMBERSHIP NO.5674
30. SRI KUTTANA P UDAY KUMAR S/O PALANGAPPA AGE 53 YEARS MEMBERSHIP NO.5685
31. SRI KUMBUGOWDANA U HEMANTH S/O K A UTHAPPA AGE 49 YEARS MEMBERSHIP NO.5698
32. SRI ANERA C RAMAKRISHNA S/O A G CHINAPPA AGE 64 YEARS MEMBERSHIP NO.5700
33. SRI NERAVANDA M UMESH S/O MONAPPA AGE 68 YEARS MEMBERSHIP NO.5702
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
34. SRI CHANDRAMANE S POOVAIAH S/O SOMAIAH AGE 53 YEARS MEMBERSHIP NO.5707
35. SRI SOODANA A ERAPPA S/O S A AYAPPA AGE 68 YEARS MEMBERSHIP NO.5762
36. SRI B A GOPAL S/O B A YELIANNA POOJARI AGE 53 YEARS MEMBERSHIP NO.5763
37. SRI KOODAKANDI P SHIVAPRASAD S/O K M POOVAIAH AGE 51 YEARS MEMBERSHIP NO.5795
38. SRI MANDRIRA M JAGADISH S/O M T MUTHAPPA AGE 65 YEARS MEMBERSHIP NO.5797
39. SRI B Y RAJESH S/O B M YELLAPA AGE 54 YEARS MEMBERSHIP NO.5808
40. SRI CHERIAMANE R RAJKUMARA S/O C M RAGHAVAYAA AGE 61 YEARS MEMBERSHIP NO.5811
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
41. SRI CHOWNDIRA P POONACHA S/O PONNAPPA AGE 69 YEARS MEMBERSHIP NO.5816
42. SRI AMBEKALLU K JEEVAN S/O A KUSHALAPPA AGE 49 YEARS MEMBERSHIP NO.5838
43. SRI DEVANDIRA M GANAPATHI S/O MUTHANNA AGE 70 YEARS MEMBERSHIP NO.5920
44. SRI KEKADA S CHIANNA S/O K SOMAPPA AGE 55 YEARS MEMBERSHIP NO 5976
45. SMT K R DEVAKI W/O S S GOPAL AGE 55 YEARS MEMBERSHIP NO.5993
46. SRI KUKKERA B THIMAIAH S/O K C BOPAIAH AGE 59 YEARS MEMBERSHIP NO.6037
47.
SMT P V VIMALA W/O P T VENKATESH AGE 53 YEARS MEMBERSHIP NO.5948
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
48. SMT M R PREMA W/O C S POVAIAH AGE 49 YEARS MEMBERSHIP NO.5954
49. SMT VEENA JANARDHANA W/O JANARDHANA AGE 60 YEARS MEMBERSHIP NO.6005
50. SRI MUNJANDIRA C KARIYAPPA S/O CHENGAPPA AGE 80 YEARS MEMBERSHIP NO.5130
51. SRI MEPADANDA P UTHAPPA S/O POOVAIAH AGE 72 YEARS MEMBERSHIP NO.5185
52. SMT CHETIMADA A NIVYA KUMARI W/O C A AVINASH AGE 39 YEARS MEMBERSHIP NO.6146
53. SRI MANGERIRA M KUNJAPPA S/O MADAPPA AGE 74 YEARS MEMBERSHIP NO.3886. 54. SRI KUYAMUDI K POORNAIAH W/O KALAPPA AGE 80 YEARS MEMBERSHIP NO.4570
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
55. SRI MANDIRA A POONACHA W/O ACHAPPA AGE 75 YEARS MEMBERSHIP NO.5163
56. SMT.YELADALU B SAVITRI W/O Y T BALAKRISHNA AGE 58 YEARS MEMBERSHIP NO.5221
57. SRI PANDARA S CHANDRASHEKAR S/O SOMAPPA AGE 65 YEARS MEMBERSHIP NO.5295
58. SRI KEKADA M SUBBAIAH S/O LATE MANDAPPA AGE 70 YEARS MEMBERSHIP NO.5312
59. SRI PONUKANDA K HARISH S/O KALAPPA AGE 68 YEARS MEMBERSHIP NO.5363
60. SRI ULUVARANA G THAMAIAH S/O G GANAPATHI AGE 65 YEARS MEMBERSHIP NO.5375
61. SRI B N JYOTHI PRAKASH S/O NARAYANA AGE 75 YEARS MEMBERSHIP NO.5426
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
62. SRI KUDDAKANDI S NAGESH S/O K C SOMANNA AGE 60 YEARS MEMBERSHIP NO.5483
63. SRI THAKKADE THAMAIAH S/O SHIVAPPA AGE 70 YEARS MEMBERSHIP NO.5542
64. SRI KARKARANA S BOPAIAH S/O K P SUBBAIAH MEMBERSHIP NO.5566
65. SRI KANEHITLU C KESHAVA S/O K K CHENGAPPA AGE 65 YEARS MEMBERSHIP NO.5832
66. SMT. V AMBIKA RAO W/O LATE B C SUBBARAO AGE 65 YEARS MEMBERSHIP NO.5833
67. SRI MUDYANA B CHANDRASHEKAR S/O M BYRAPPA AGE 60 YEARS MEMBERSHIP NO.5856
68.
SRI HUDERI L RAMAKRISHNA S/O B N LAKSHMANA AGE 60 YEARS MEMBERSHIP NO.5873
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
69. SRI BINERAVANA A DAYAKARA S/O N B ACCHAIAH AGE 60 YEARS MEMBERSHIP NO.5878
70. SRI MARADALU B GANAPATHI S/O M K BASAPPA AGE 40 YEARS MEMBERSHIP NO.5926
71. SRI MECHANA P VASU S/O M K PONAPPA AGE 67 YEARS MEMBERSHIP NO.5930
72. SRI M S JOYAPPA S/O SOMAPPA AGE 35 YEARS MEMBERSHIP NO.5931
73. SRI A C GIRISH KUMAR S/O A B CHENGAPPA AGE 66 YEARS MEMBERSHIP NO.6106
74. SRI S K DEVAYYA S/O V N KRISHNAPPA AGE 65 YEARS MEMBERSHIP NO.6111
75. SRI P.S VASU S/O P J SHIVAPPA AGE 50 YEARS MEMBERSHIP NO.6112
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
76. SRI M N GIRISH KUMAR S/O B N NANAIAH AGE 65 YEARS MEMBERSHIP NO.6114
77. SRI N K UTHAIAH S/O B N KRISHNAPPA AGE 65 YEARS MEMBERSHIP NO.6118
78. SMT B S YASHVITHA W/O P S POONACHHA AGE 45 YEARS MEMBERSHIP NO.6119
79. SRI MANDAPANDA C BOPAIAH S/O B N CHARAMANA AGE 48 YEARS MEMBERSHIP NO.6123
80. SMT S D LIKITHA W/O S D DINESH KUMAR AGE 48 YEARS MEMBERSHIP NO.6129
81. SMT P C ANITHA W/O P K CHANDRASHEKAR AGE 36 YEARS MEMBERSHIP NO.6130
82. SRI NATOLANA D SITHARAMA S/O B N DEVAYYA AGE 68 YEARS MEMBERSHIP NO.6141
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
83. SRI DHERAJA T BIDAPPA S/O D S THIMAIAH AGE 74 YEARS MEMBERSHIP NO.6729
84. SRI PATAMADA UTHAPPA S/O MACHAIAH AGE 90 YEARS MEMBER SHIP NO. 4727
85. SRI MUNJANDIRA C KARIAPPA S/O C CHENGAPA AGE 75 YEARS MEMBERSHIP NO. 5130
86. SRI MANDIRA A PONACHA S/O APPACHU AGE 75 YEARS MEMBERSHIP NO.5163
87. SRI MEPANDANDA P UTHAPPA S/O POOVAIAH AGE 72 YEARS MEMBERSHIP NO.5185
88. SRI THALURU ESHWARA S/O KUNYAPPA AGE 74 YEARS MEMBERSHIP NO.5215
89.
SRI K B DEVIPRASAD S/O BELIYAPPA AGE 54 YEARS MEMBERSHIP NO.5279
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
90. SRI IYANDRA S GOPAL MEMBERSHIP NO.5371
91. SRI ULUVARANA G THAMAIAH MEMBERSHIP NO.5375
92. SRI THAKADE S THAMAIAH S/O T S SHIVAPPA AGE 74 YEARS MEMBERSHIP NO.5542
93. SRI MARDALA GANAPTHI S/O M K BASAPPA AGE 40 YEARS MEMBERSHIP NO.5926
94. SRI MECHANA P VASU S/O M K PONAPPA AGE 67 YEARS MEMBERSHIP NO.5930
95. SRI M K GOPAL S/O KUSHALAPPA AGE 40 YEARS MEMBERSHIP NO.5933
96. SRI A C RAGHAVAYYA S/O A CHENGAPPA AGE 78 YEARS MEMBERSHIP NO.5939
97. SRI M S ULASA S/O M K SOMAIAH AGE 40 YEARS MEMBERSHIP NO.5940
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
98. SMT M R RUPAVATHI W/O RAGESH AGE 52 YEARS MEMBERSHIP NO.5941
99. SRI M K DEVAYYA S/O B N KUSHALAPPA AGE 50 YEARS MEMBERSHIP NO.5943
100. SRI P S POONACHA S/O P J SHIVAPPA AGE 50 YEARS MEMBERSHIP NO.5944
101. SRI M S MUTHAPPA S/O B N SOMAIAH AGE 55 YEARS MEMBERSHIP NO.5945
102. SRI HOSAMANE T POOVAIAH S/O THIMAIAH AGE 70 YEARS MEMBERSHIP NO.6000
103. SRI K M LAKSHMANA S/O MUTHANNA AGE 70 YEARS MEMBERSHIP NO.6035
104. SRI MOOLEMAJALU UTHAPPA S/O M M SOMANNA AGE 70 YEARS MEMBERSHIP NO.6102
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
ALL ARE MEMBERS OF THE COORG CARDAMOM CO-OPERATIVE MARKETING SOCIETY LTD., MADIKERI, KODAGU DISTRICT - 571 201. …PETITIONERS (BY SRI JAI PRAKASH REDDY M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BENGALURU - 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU - 560 027 BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION/EELECTION OFFICER PUBLIC OFFICES BUILDING NEW SAYAGIRAO ROAD MYSURU - 570 024. 4.
THE COORG CARDAMOM CO-OPERATIVE MARKETING SOCIETY LTD., REGISTERED UNDER KARNATAKA CO-OPERATIVE ACT, 1959 MADIKERI KODAGU DISTRICT - 571 201 BY ITS CHIEF EXECUTIVE. - 17 -
HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
5. THE RETURNING OFFICER REGISTERED UNDER KARNATAKA CO-OPERATIVE ACT, 1959 THE COORG CARDAMOM CO-OPERATIVE MARKETING SOCIETY LTD MADIKERI, KODAGU DISTRICT - 571 201. …RESPONDENTS (BY SRI YOGESH D.NAIK, AGA FOR R1 AND R3;
SRI A DEVARAJ, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R-4 SOCIETY AND THERE BY CONDUCT THE ELECTIONS AS PER CALENDAR OF EVENTS DTD. 06.10.2025 VIDE ANNEXURE-C.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1 and 3. - 18 -
HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondents No.2 to 5 to include their names in the eligible voters' list of respondent No.4 society and permit them to contest and cast votes in the election that was scheduled to be held on 26.10.2025, produced as per Annexure-C.
3. Learned Additional Government Advocate submits that, as per the interim order dated 24.10.2025, the petitioners were permitted to cast votes in the election that was held on 26.10.2025 subject to final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. The petitioners have not raised dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority and therefore, he prays for passing appropriate orders. 4.
Learned counsel for the petitioners submits that he has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter. 5. Now the purpose of the petitioners is served and they were permitted to cast vote in the election that was held on
26.10.2025. Since the petitioners are challenging Annexure-C,
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HC-KAR NC: 2025:KHC:43960 WP No. 31938 of 2025
they will have the alternative remedy to raise dispute under Section 70 of the KCS Act before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act. 6. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 KCS Act, within two weeks from today. In the meantime, the Returning Officer-respondent No.5 is directed to announce the election result without counting the votes already cast by the petitioners. Sd/- (M G UMA) JUDGE
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