Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 76020 (KAR)

MAHALAKSHMI K v. THE STATE OF KARNATAKA

WP/23018/2025 · 2025-08-28

R Nataraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23018 OF 2025 (CS-EL/M) BETWEEN: 1. MAHALAKSHMI K. W/O SANKARA AGED ABOUT 60 YEARS, SHARE NO.36/16 2. K B LINGGEGOWDA S/O BOREGOWDA AGED ABOUT 60 YEARS, SHARE NO.7/14 3. RAJEGOWDA S/O DODDA DALIGOWDA AGED ABOUT 77 YEARS, SHARE NO.68/14 4. MARI SIDDEGOWDA S/O KULLEGOWDA AGED ABOUT 65 YEARS, SHARE NO.88/15 5. YOGESH S/O CHANNEGOWDA AGED ABOUT 45 YEARS, SHARE NO. 124/16 6. REKHA W/O PUTTASWAMY AGED ABOUT 45 YEARS, SHARE NO. 110/17 7. CHIKKAMMA W/O JAVAREGOWDA AGED ABOUT 60 YEARS, SHARE NO.100/14 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 8. GOPALAIAH S/O MAYIGAIAH AGED ABOUT 75 YEARS, SHARE NO.86/15 9. JAYAMMA W/O HOMBALEGOWDA AGED ABOUT 45 YEARS, SHARE NO. 168/3 10. SHIVASHENKARA S/O B.K BORAIAH AGED ABOUT 50 YEARS, SHARE NO. 128/3, 11. PANCHAKSHARI S/O BASVARAJAPPA AGED ABOUT 49 YEARS, SHARE NO. 122/5 12. D. THIMMEGOWDA S/O CHIKKADASEGOWDA AGED ABOUT 58 YEARS, SHARE NO. 53/5 13. SAROJAMMA W/O ERAIAH AGED ABOUT 68 YEARS, SHARE NO. 115/16 14. GOPALA S/O DASACHARI AGED ABOUT 67 YEARS, SHARE NO. 120/18 15. B N NANJUNDASWAMY S/O B V NACHIJAPPA AGED ABOUT 62 YEARS, SHARE NO. 101/13 16. MANJU B K S/O KALEGOWDA AGED ABOUT 63 YEARS, SHARE NO. 124/17 - 3 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 17. JAVARAIAH W/O MARIYAIAH AGED ABOUT 65 YEARS, SHARE NO. 132/14 18. HONNAGIRIGOWDA S/O KEMPEGOWDA AGED ABOUT 50 YEARS, SHARE NO.71/3 19. SIDDEGOWDA S/O KADI SIDDEGOWDA AGED ABOUT 75 YEARS, SHARE NO.96/15 20. DODDA NANJAIAH S/O KALAPPA @ DOLLAPPA AGED ABOUT 76 YEARS, SHARE NO. 190/14 21. H B MUDDA LINGAIAH S/O MAMBI HATTI BASAIAH AGED ABOUT 63 YEARS, SHARE NO.184/5 22. NINGAMMA W/O CHIKKABASAIAH AGED ABOUT 72 YEARS, SHARE NO.63/17 23. PANDAVA RAO S/O VENKOBA RAO AGED ABOUT 33 YEARS SHARE NO.99/17 24. R V DASARATHA RAO S/O VENKOBA RAO AGED ABOUT 26 YEARS. SHARE NO.88/13 25. SIDDEGOWDA S/O MARI SIDDEGOWDA @ DOLLEGOWDA AGED ABOUT 42 YEARS, SHARE NO.53/15 - 4 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 26. DYAVEGOWDA S/O CHANNEGOWDA AGED ABOUT 40 YEARS, SHARE NO.22/18 THE PETITIONERS NO.1 TO 26 ARE THE MEMBERS FROM THE BORROWER'S CONSTITUENCY OF RESPONDENT NO.7. THE BASARALU MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED 27. B R SURESH S/O B H RAMACHANDRA AGED ABOUT 40 YEARS, SHARE NO.90/14 28. KRISHNEGOWDA S/O BEBY SIDDANA BOREGOWDA AGED ABOUT 30 YEARS, SHARE NO.32/17 29. NAGARAJU S/O MARI BOREGOWDA AGED ABOUT 42 YEARS, SHARE NO. 148/16 30. BASAVARAJU S/O MARI BOREGOWDA AGED ABOUT 44 YEARS, SHARE NO. 147/16 31. H K KEMPEGOWDA S/O KOTEGOWDA, AGED ABOUT 45 YEARS, SHARE NO.96/18 32. H K DEVARAJU S/O KEMPEGOWDA AGED ABOUT 40 YEARS, SHARE NO.93/16. 33. SRINIVASA S/O HONNEGOWDA @ MOTTEGOWDA AGED ABOUT 39 YEARS, SHARE NO.47/17 - 5 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 34. KANTARAJU S/O KEMPPEGOWDA AGED ABOUT 35 YEARS, SHARE NO.48/17 35. ANNAIAH SHETTY S/O SANNA SHETTY AGED ABOUT 40 YEARS, SHARE NO.90/18 36. RAJAMMA W/O SHIVALINGAIAH AGED ABOUT 38 YEARS, SHARE NO.174/17 37. BASAVAJAREGOWDA S/O KARIGOWDA AGED ABOUT 38 YEARS SHARE NO. 183/16 38. MARIYAMMA W/O CHIKKA CHAKKE GOWDA AGED ABOUT 43 YEARS, SHARE NO.52/17 39. H L SARITHA W/O CHIKKEGOWDA AGED ABOUT 33 YEARS, SHARE NO 34/18 40. H C BOREGOWDA S/O CHIKKEGOWDA AGED ABOUT 43 YEARS, SHARE NO.116/18 41. KOTTEGOWDA S/O KARIGOWDA AGED ABOUT 33 YEARS, SHARE NO. 179/3 42. PUTTASWAMY S/O CHIKKA HONNEGOWDA AGED ABOUT 41 YEARS, SHARE NO.62/18 - 6 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 43. SURESH S/O H HONNAIAH AGED ABOUT 28 YEARS, SHARE NO. 162/3 44. RAMESH S/O HONNAGIRIGOWDA AGED ABOUT 30 YEARS, SHARE NO.83/17 45. H S KALEGOWDA S/O H.P. SIDDEGOWDA AGED ABOUT 38 YEARS, SHARE NO. 112/17 46. KOTTEGOWDA S/O NARASHIMMEGOWDA AGED ABOUT 43 YEARS. SHARE NO. 101/17 47. NARASHIMMEGOWDA S/O KONI GOWDA AGED ABOUT 60 YEARS. SHARE NO.58/18 48. LAKSHMAMMA W/O MALLA SIDDEGOWDA AGED ABOUT 60 YEARS, SHARE NO.63/18 49. MANJULA W/O SIDDEGOWDA AGED ABOUT 33 YEARS, SHARE NO.89/18 50. H K JAYARAMU S/O KOTTE GOWDA AGED ABOUT 33 YEARS, SHARE NO.64/17 51. PUTTALINGAMMA W/O PUTTASWAMY AGED ABOUT 38 YEARS, SHARE NO.95/18 - 7 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 52. SHIVANANJAIAH S/O KARIYAPPA AGED ABOUT 40 YEARS, SHARE NO. 148/18 53. SHIVANNA S/O NANJAPPA AGED ABOUT 36 YEARS, SHARE NO. 140/17 54. RAJU S/O NINGAIAH AGED ABOUT 27 YEARS, SHARE NO.128/18 55. TAMMEGOWDA S/O SHAMBHU GOWDA AGED ABOUT 48 YEARS, SHARE NO.161/3 56. SIDDEGOWDA H B S/O BOREGOWDA AGED ABOUT 45 YEARS, SHARE NO.91/18 57. SIDDEGOWDA S/O DEVAIAH AGED ABOUT 49 YEARS SHARE NO.165/17 58. SIDDEGOWDA S/O BEBY BOREGOWDA AGED ABOUT 52 YEARS SHARE NO.146/18 59. MUDDANNA C S/O CHIKKA BASAVAIAH AGED ABOUT 51 YEARS SHARE NO.83/18 60. SHIVAMADU S/O MAHADEVAIAH AGED ABOUT 53 YEARS SHARE NO.14/18 - 8 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 61. NAGARAJU S/O SHIVANNA AGED ABOUT 26 YEARS SHARE NO.176/16 62. SOMEGOWDA S/O THIMEGOWDA AGED ABOUT 38 YEARS SHARE NO.135/3 63. SRINIVASA S/O KOTEGOWDA AGED ABOUT 29 YEARS SHARE NO.69/18 64. ANUPAMA T.S. S/O SRINIVASAIAH. AGED ABOUT 30 YEARS, SHARE NO.113/16 65. SHIVASHENKARA N.P. S/O PUTTANANJAIAH AGED ABOUT 38 YEARS, SHARE NO.115/18 66. SUKANYA W/O MOHAN S K AGED ABOUT 38 YEARS, SHARE NO.111/18 67. B.P.MADHUSUDAN S/O B S PARAMESHWAR AGED ABOUT 38 YEARS, SHARE NO.98/3 68. KRISHNNASHETTY S/O VENKATARAMA SHETTY AGED ABOUT 38 YEARS, SHARE NO.150/16 69. KANTHARAJU B R S/O RAJACHARI AGED ABOUT 33 YEARS, SHARE NO.45/15 - 9 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 70. NAGARAJU S/O VARADA SHETTY AGED ABOUT 32 YEARS, SHARE NO.171/16 71. B G YOGESH S/O GOPALEGOWDA AGED ABOUT 29 YEARS, SHARE NO. 152/18 72. SURESH S/O MUDDIAH AGED ABOUT 33 YEARS, SHARE NO.159/18 73. VEERABHADRA S/O SIDDAIAH @ DASAIAH AGED ABOUT 36 YEARS SHARE NO.106/14 74. SATHISH S/O CHALUVEGOWDA AGED ABOUT 38 YEARS SHARE NO.156/17 75. B V SRINIVAS S/O VENKATESH AGED ABOUT 33 YEARS SHARE NO.130/18 76. SRIKANTA SHETTY S/O NANJUNDA SHETTY AGED ABOUT 39 YEARS SHARE NO.131/17 77. SRINIVASA S/O DASA SHETTY AGED ABOUT 38 YEARS SHARE NO.28/18 78. B R SURESH S/O B H RAMACHANDRA AGED ABOUT 38 YEARS SHARE NO.90/14 - 10 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 79. B C THONTTESHA S/O CHANNAPPA AGED ABOUT 38 YEARS SHARE NO.143/17 80. CHIDANANDA S/O BYRA SHETTY AGED ABOUT 38 YEARS SHARE NO.135/16 81. B C MAHESH S/O CHANNAPPA AGED ABOUT 40 YEARS SHARE NO.144/17 82. B C RAJASHEKHARA S/O CHENNAPPA AGED ABOUT 42 YEARS SHARE NO.146/17 83. B S KIRANAKUMAR S/O NAGASHETTY AGED ABOUT 31 YEARS SHARE NO.44/15 84. SUNANDA W/O SINEGOWDA AGED ABOUT 38 YEARS SHARE NO.100/3 85. B V MAHESH S/O. VENKATAIAH AGED ABOUT 28 YEARS SHARE NO.26/18 86. SHOBHA W/O.RUDRESH AGED ABOUT 33 YEARS SHARE NO.7/17 87. B S NAGARAJU S/O B K SIDDAIAH AGED ABOUT 45 YEARS SHARE NO.170/17 - 11 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 88. REKHA W/O M H CHALUVEGOWDA AGED ABOUT 45 YEARS SHARE NO.80/3 89. B R MANJUNATHA S/O RAJAPPA AGED ABOUT 41 YEARS SHARE NO.8/18 90. B R SRINIVASA S/O RAJAPPA AGED ABOUT 38 YEARS SHARE NO.9/18 91. KRISHNNEGOWDA S/O DASEGOWDA AGED ABOUT 38 YEARS SHARE NO.153/18 92. BETTEGOWDA S/O KEMPAIAH AGED ABOUT 55 YEARS SHARE NO.118/14 93. B R RAMESH S/O RANGA SWAMY AGED ABOUT 44 YEARS SHARE NO.132/16 94. KIRAN S/O B R CHANDRASHEKARAIAH AGED ABOUT 38 YEARS SHARE NO.121/16 95. B N HARISH S/O NAGARAJU AGED ABOUT 38 YEARS SHARE NO.18/18 96. B R NAGESH S/O RUDRAPPA AGED ABOUT 39 YEARS SHARE NO.21/18 - 12 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 97. CHALUVAIAH S/O KUNTAIAH AGED ABOUT 38 YEARS SHARE NO.25/17 98. RUDRESH S/O CHANNAVEERAIAH AGED ABOUT 32 YEARS SHARE NO.29/17 99. B C YOGESH S/O CHANDRAIAH AGED ABOUT 28 YEARS SHARE NO.66/18 100. NANJAPPA S/O MUKUNDAIAH AGED ABOUT 54 YEARS SHARE NO.100/18 101. VENKATESH S/O NANJUNDAIAH AGED ABOUT 36 YEARS SHARE NO.29/18 102. D B KRISHNA S/O PAPANNA AGED ABOUT 36 YEARS SHARE NO.68/15 103. JAYAMMA S/O BORAIAH AGED ABOUT 38 YEARS SHARE NO.36/17 104. T. SUNIL KUMAR S/O THIAMAIAH AGED ABOUT 31 YEARS SHARE NO.101/3 105. B.N. CHANDRAPPA S/O NANJEGOWDA AGED ABOUT 38 YEARS SHARE NO.85/17 - 13 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 106. B K NANJUNDA S/O KRISHNA SHETTY AGED ABOUT 38 YEARS, SHARE NO.104/3 107. SHIVARATHNA W/O B C JAYARAMU AGED ABOUT 45 YEARS, SHARE NO. 160/3 108. SRINIVASA S/O KALASHETTY AGED ABOUT 35 YEARS, SHARE NO.133/17 109. LOKESH S/O MUDDEGOWDA AGED ABOUT 29 YEARS, SHARE NO.154/18 110. RAMA GIRI AYYA S/O MADAHALLI DASAIAH AGED ABOUT 40YEARS, SHARE NO.97/3 111. REKHA S K W/O LOKESH S D AGED ABOUT 38 YEARS, SHARE NO.177/3 112. BOREGOWDA S/O JAVAREGOWDA AGED ABOUT 48 YEARS SHARE NO.58/17 113. CHANDRA S/O KALEGOWDA AGED ABOUT 40 YEARS, SHARE NO. 156/3 114. NEELAMMA S/O B J NAGARAJU AGED ABOUT 401 YEARS, SHARE NO. 160/17 - 14 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 115. CHIKKEGOWDA S/O BOOMI SIDDEGOWDA AGED ABOUT 71 YEARS, SHARE NO.104/14 116. PREMA W/O KEMPPA SHETTY AGED ABOUT 45 YEARS, SHARE NO.147/18 117. NAGARAJU S/O NINGAIAH AGED ABOUT 45 YEARS, SHARE NO.65/18 118. GEETHA S/O RAMAKRISHNA AGED ABOUT 38 YEARS, SHARE NO. 13/18 119. JAYAMMA S/O PUTTASWAMYGOWWDA AGED ABOUT 38 YEARS, SHARE NO138/16 120. PUSHPA S/O KRISHNEGOWDA AGED ABOUT 33 YEARS, SHARE NO.167/17 121. PRATHIPA S/O RAJEGOWDA AGED ABOUT 30 YEARS, SHARE NO 41/18 122. B S KUMARA S/O SANNEGOWDA AGED ABOUT 38 YEARS, SHARE NO.87/16 123. KALLAIAH S/O MARI KALLAIAH AGED ABOUT 61 YEARS, SHARE NO.31/14 - 15 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 124. JAAVAREGOWDA S/O MAYIGOWDA AGED ABOUT 38 YEARS, SHARE NO.50/18 125. LOKESH M R S/O RAMEGOWDA AGED ABOUT 42 YEARS, SHARE NO. 164/17 126. JAYAMMA W/O M.CHANDRASHEKARA AGED ABOUT 48 YEARS, SHARE NO. 181-3 127. CHANNEGOWDA S/O MARI ARASEGOWDA AGED ABOUT 38 YEARS, SHARE NO. 100/16 128. CHIKKAIAH S/O MARI ARASEGOWDA AGED ABOUT 40 YEARS, SHARE NO.82/18 129. NIRANJANA M K S/O KALEGOWDA AGED ABOUT 33 YEARS, SHARE NO.30/18 130. HANUMANTHEEGOWDA S/O RAMEGOWDA AGED ABOUT 38 YEARS, SHARE NO. 136/17 131. S.D RAMESH S/O DYAVARASEGOWDA AGED ABOUT 60 YEARS, SHARE NO. 173/3 132. NINGAMMA S/O KALEGOWDA AGED ABOUT 60 YEARS, SHARE NO.172/3 - 16 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 133. CHANNEGOWDA S/O CHIKKA CHANNEGOWDA AGED ABOUT 60 YEARS, SHARE NO. 13/14 134. JAYARAMU S/O DYAVEGOWDA AGED ABOUT 38 YEARS, SHARE NO.108/8 135. SHANKAREGOWDA S/O KARIGOWDA AGED ABOUT 62 YEARS, SHARE NO. 109/18 136. KRISHNEGOWDA S/O CHANNEGOWDA AGED ABOUT 60 YEARS, SHARE NO. 122/18 137. SHIVANNA S/O KALEGOWDA AGED ABOUT 55 YEARS, SHARE NO.51/18 138. KALEGOWDA S/O CHANNEGOWDA AGED ABOUT 68 YEARS, SHARE NO.31/18 139. AYYANNA S/O MOLEGOWDA AGED ABOUT 59 YEARS SHARE NO.7/16 140. DYAVARASEGOWDA S/O DYAVARASEGOWDA AGED ABOUT 60 YEARS SHARE NO198/14 141. RAMEGOWDA S/O KALEGOWDA AGED ABOUT 38 YEARS SHARE NO.75/18 - 17 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 142. S R SUNIL S/O RAMEGOWDA AGED ABOUT 36 YEARS SHARE NO.74/18 143. PREMAKUMARI W/O SHIVANNA AGED ABOUT 38 YEARS SHARE NO.113/18 144. S K LOKESH S/O KALEGOWDA AGED ABOUT 40 YEARS SHARE NO.71/17 145. RAMESHA S/O SANNA KALEGOWDA AGED ABOUT 42 YEARS SHARE NO.112/18 146. SHIVANNA S B S/O BETTAIAH AGED ABOUT 45 YEARS SHARE NO.38/18 147. ANASUYA S/O RAVI S J AGED ABOUT 33 YEARS SHARE NO 176/3 148. PUTTAMMA S/O KRISHNA AGED ABOUT 49 YEARS SHARE NO.185/3 149. SHARADAMMA W/O CHIKKARAJU AGED ABOUT 38 YEARS SHARE NO.52/18 150. APPAJI S/O DODDEGOWDA AGED ABOUT 38 YEARS SHARE NO.104/16 - 18 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 151. RAVI S/O MAYANNA AGED ABOUT 29 YEARS SHARE NO.149/3 152. YASHODARA MURTHY S/O BORAIAH AGED ABOUT 48 YEARS SHARE NO.40/17 153. BORALINGEGOWDA S/O JAVAREGOWDA AGED ABOUT 40 YEARS SHARE NO.188/14 154. ASHOK S/O PUTTASWAMY AGED ABOUT 42 YEARS SHARE NO.106/18 THE PETITIONERS NO.27 TO 154 ARE THE MEMBERS OF FROM THE NON-BORROWERS CONSTITUENCY OF RESPONDENT NO.7 - THE BASARALU MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED THE PETITIONERS ARE THE MEMBERS OF RESPONDENT NO.7 - THE BASARALU MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD., BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 …PETITIONERS (BY SRI. GIRISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, - 19 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 3RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHI NAGAR, K.H. ROAD, BANGALORE-560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD. BENGALURU-500001 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT -571401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES. MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT-571434 6. THE RETURNING OFFICER, BASARALU MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD, BASARALU VILLAGE, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 7. BASARALU MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD. REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959, HAVING OFFICE AT BASARALU VILLAGE, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 REPRESENTED BY ITS PRESIDENT/ CHIEF EXECUTIVE OFFICER 8. THE ELECTION OFFICER AND JOINT REGISTRAR CO-OPERATIVE SOCIETIES, MYSORE DIVISION, OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUBLIC OFFICES BUILDING, NEW SAYYAJI RAO ROAD, MYSORE, MYSORE DISTRICT-570024. …RESPONDENTS - 20 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 TO 6 AND 8; SRI. T.L.KIRAN KUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.2; SRI. SREENIVASAN M.Y., ADVOCATE FOR RESPONDENT NO.7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7-SOCIETY FOR THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO. 7-SOCIETY FOR THE PERIOD 2025-30 PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought to quash the ineligible voters list prepared by the respondent No.7-Society for the ensuing election of the board of directors of the respondent No.7- society for the period 2025-30 produced at Annexure - A. They have also sought for a writ in the nature of mandamus to direct the respondents to consider the petitioners as valid and eligible voters and include their names in the eligible/valid voters list to enable them to cast their votes in the ensuing election. - 21 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 2. The petitioners contend that they are all members of respondent No.7. They contend that their names were wrongly included in the list of ineligible voters without following due process as contemplated under Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules, 1960' for short). Therefore, they pray that a direction be issued to the respondent Nos.2 and 4 to include their names in the list of eligible voters. 3. The learned counsel for the petitioners re-iterated the above contentions and submitted that the procedure as prescribed under Rule 13-D of Rules, 1960 is not complied and therefore, a direction deserves to be issued to the respondent Nos.2 and 4 to include the names of the petitioners. He further contends that this Court had granted an interim order dated 31.07.2025 permitting the petitioners to cast their votes. He therefore prays that a suitable direction be issued to the respondent No.6 to count the votes of petitioners and declare the results of the election. 4. The learned Additional Government Advocate submits that the issue is no longer res integra in view of the - 22 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 judgment of a coordinate bench of this Court in the case of H.S.Raju Vs. State of Karnataka and others - (2022) 4 AKR 775. 5. The question whether the petitioners were improperly shown in the list of ineligible voters, cannot be gone into by this Court in proceedings under Article 226 of the Constitution of India. The grievance if any of the petitioners has to be worked out before the appropriate authority, as preparation of voters list under Rule 13-D of Rules, 1960 is an integral part of the election process and any dispute regarding such preparation would invariably be a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act, 1959' for short) and the authority constituted under Section 70 of the Act, 1959 can alone decide the question regarding the validity of the electoral rolls prepared under Rules, 1960. 6. Now that the petitioners are permitted to cast their votes at the elections that were held on 03.08.2025, the petition deserves to be disposed off on similar terms as in the - 23 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 case of H.S.Raju referred supra. Accordingly, this writ petition is disposed off on the following terms: (i) The Returning officer shall count the votes cast at the elections held on 03.08.2025 to the committee of management of respondent No.7. (ii) The respondent No.6 shall announce the results of the elections. If the petitioners or any person are aggrieved by electoral roll, they may raise a dispute as provided under Section 70(2)(c) of the Act, 1959. (iii) If a dispute is raised, the concerned authority shall examine all questions including the validity of eligible and ineligible voters list and the consequent impact on the election to the board of the respondent No.7. (iv) It is needless to mention that the votes cast by the petitioners shall also be counted but shall be kept separately, so as to enable the authority under Section 70 of the Act, 1959 to take a decision as to whether the votes have to be counted or excluded - 24 - HC-KAR NC: 2025:KHC:33481 WP No. 23018 of 2025 while testing the results of the election held to the managing committee of respondent No.7. (v) It is made clear that this Court has not expressed any opinion on the merits of the case or regarding the list published by the respondent Nos.2 and 4. (vi) The petitioners may raise a dispute before the concerned authority within a period of one month from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 53