Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 74909 (KAR)

SRI.AMBEKALLU P KUSHALLAPA v. THE STATE OF KARNATAKA

WP/31938/2025 · 2025-11-03

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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 - 13 - 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 - 14 - 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 - 15 - 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 - 16 - 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, - 19 - 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 MKM List No.: 2 Sl No.: 15