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High Court of Karnataka · body

2025 DAILYLAW 82968 (KAR)

MR. S PRAKASHAM v. THE STATE OF KARNATAKA

WP/35219/2025 · 2025-12-15

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53314 WP No. 35219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 35219 OF 2025 (CS-EL/M) BETWEEN: 1. MR. S. PRAKASHAM S/O SHIVALINGAM AGE 52 YEARS 7/2 GUNATHA VIHAR DGQA RESIDENTIAL COMPLEX J C NAGAR P.O BANGALORE - 560 006 SL.NO.839, MEMBERSHIP NO.1587 2. MR M SURENDRAN S/O RATHNAM MUNISWAMY AGE 62 YEARS, CPV BLOCK, GANGANAGAR, BANGALORE-560032 SL. NO. 1250 MEMBERSHIP NO. 1579 SENIOR CITIZEN BENEFIT IS NOT CLAIMED 3. MR. SUBBU KRISHNAMMAL D/O JAYARAM GURU RAJU AGE 69 YEARS NEXT TO AYAPPA TEMPLE, 2ND CROSS MUNIREDDY PALYA, BANGALORE - 560 006 SL.NO.1260, MEMBERSHIP NO.1628 SENIOR CITIZEN BENEFIT IS NOT CLAIMED 4. MRS. RECHEL RAJAN D/O MATHEW AGE 70 YEARS 712, VAYU VIHAR LAYOUT DR. SHIVARAMAKARTH NAGAR BANGALORE - 560 077 SL.NO.919, MEMBERSHIP NO.754 SENIOR CITIZEN BENEFIT IS NOT CLAIMED Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53314 WP No. 35219 of 2025 5. MRS. BHGYALAKSHMI .S D/O T S NATARAJ AGE 67 YEARS 569, PRIYA SANG HOUSE, 3RD CROSS, BHUVANESWARINAGAR BANGALORE - 560 032 SL.NO.142, MEMBERSHIP NO.1219 SENIOR CITIZEN BENEFIT IS NOT CLAIMED 6. MR. K. SUBBARATHAM S/O LATE K SUBBAIAH AGE 64 YEARS 30, 3RD CROSS, POOJA GARDEN KALKERE, CHANNASANDRA BANGALORE - 560 043 SL.NO.1241, MEMBERSHIP NO.1553 SENIOR CITIZEN BENEFIT IS NOT CLAIMED 7. MR. A. KRISHNAPPA S/O B N BORANNA AGE: 56 YEARS A1, 30 SAI RESIDENCY 1ST MAIN ROAD, KEMPANNA LAYOUT, HEBBAL, BANGALORE - 560024 SL.NO.498, MEMBERSHIP NO.1526 …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY M.S. BUILDING, BENGALURU 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, REP. BY ITS SECRETARY 3RD FLOOR, SHANTHINAGAR, TTMC 'A' BLOCK, BENGALURU - 560 027 - 3 - HC-KAR NC: 2025:KHC:53314 WP No. 35219 of 2025 3. THE DISTRICT ELECTION OFFICER (DEO) AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (JC NORTH DIVISION, BENGALURU URBAN DISTRICT, ALI ASKAR ROAD, BENGALURU - 560 001 4. THE SECRETARY CQAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. CQAL PREMISES, J.C. NAGAR POST, BENGALURU - 560 006 5. THE RETURNING OFFICER CQAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. ELECTION CQAL PREMISES, J.C. NAGAR POST, BENGALURU - 560 006 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 5 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS NO.5 TO INCLUDE THE NAMES OF PETITIONERS IN THE FINAL VOTERS LIST FOR THE ELECTION SCHEDULED ON 24.11.2025 AND DIRECT THE RESPONDENT NO.5 TO PUBLISH A CORRECTED VOTERS LIST INCLUDING NAMES OF PETITIONERS FORTHWITH BY MODIFYING ANNEXURE C. AND ETC., 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 The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent No.5 to include their names in the eligible voters' - 4 - HC-KAR NC: 2025:KHC:53314 WP No. 35219 of 2025 list and permit them to cast their votes in the election that is scheduled to be held on 24.11.2025. 2. Learned Additional Government Advocate for the respondent Nos.1, 3 and 5 submits that, no interim order was granted and that the election is already held on 24.11.2025. That being the case, the petition has rendered infructuous. 3. In view of the above, the petition is dismissed as having been rendered infructuous. 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, within ten days from the date of receipt of copy of this order. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 18