- 1 - HC-KAR NC: 2025:KHC-D:14549 WP No. 107621 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107621 OF 2025 (CS-EL/M) BETWEEN: VEERAPPA S/O. BASAPPA DALAWAYI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: NAYANAGAR, TQ: BAILAHONGAL, DIST: BELAGAVI – 591 102. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY, BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C BUILDING, A-BLOCK, SHANTI NAGAR, BENGALURU - 560 027. 3. THE DEPUTY COMMISSIONER AND ELECTION OFFICER OF FEDERAL CO-OPERATIVE SOCIETIES, BELAGAVI DISTRICT, BELAGAVI 591 001. 4. THE JOINT REGISTRAR AND AUDITOR OF CO-OPERATIVE SOCIETIES BELAGAVI DIVISION, BELAGAVI, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD, AND VERIFICATION OFFICER OF ELECTORAL ROLL, BELAGAVI DISTRICT, DIST: BELAGAVI 590 001. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.10.31 06:27:45 +0000 - 2 - HC-KAR NC: 2025:KHC-D:14549 WP No. 107621 of 2025 5. THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES, BAILAHONGAL DIVISION, BAILAHONGAL, DIST: BELAGAVI - 591 102. 6. THE RETURNING OFFICER, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD, BELAGAVI, DIST: BELAGAVI 590 001. 7. T HE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK LTD., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HEAD OFFICE, OLD PB ROAD, BELAGAVI, DIST: BELAGAVI 590 016. 8. THE MULTIPURPOSE PRIMARY RURAL AGRICULTURAL, CO-OPERATIVE SOCIETY, NAYANAGAR, (CHIKKAMALAKUR), REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ: BAILHONGAL, DIST: BELAGAVI 591 102. 9. ISHAPRABHU CREDIT SOUHARD SAHAKARI, LTD.,ARAVALLI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ: BAILHONGAL, DIST: BELAGAVI 591 102. 10. MUDAKAPPA S/O BASAPPA TOTAGI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: NAYANAGAR, TQ: BAILAHONGAL, DIST: BELAGAVI - 591 102. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3 TO R6; SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R7; SRI. ANAND BAGEWADI, ADVOCATE FOR R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO DELETE THE NAME OF RESPONDENT NO. 10 FROM FINAL LIST OF ELIGIBLE VOTERS DATED 26.06.2025 ISSUED BY THE RESPONDENTS VIDE ANNEXURE-D MENTIONED AT SERIAL NUMBER 13, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:14549 WP No. 107621 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ of mandamus directing the respondent authorities to delete the name of respondent no. 10 from final list of eligible voters dated 26.06.2025 issued by the respondents vide Annexure-D mentioned at serial number 13, in the interest of justice and equity. B. Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case, in the interest of justice and equity. 2. Owing to the submission of the learned counsel for the petitioner, this Court, in terms of its order dated 15.10.2025, observed as follows: Learned AGA accepts notice for respondent Nos.1, 3, 4, 5 and 6. Issue emergent notice to the other respondents. The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to delete the name of respondent No.10 from the array of voters / eligible voters. Though the petitioner does urge substantive grounds, the right to vote cannot be taken away by a stroke of pen. - 4 - HC-KAR NC: 2025:KHC-D:14549 WP No. 107621 of 2025 I deem it appropriate to grant only right to vote. The vote casted by respondent No.10 shall be placed in a sealed cover and would not be opened without the leave of the court 3. Learned counsel for the respondent No.7 – Shri Shivaraj Mudhol submits that the elections are over and the respondent No.10 has already cast his vote. 4. The elections are now over and respondent No.10 has been permitted to vote and the vote has been kept in a separate sealed cover owing to the submissions then. In the light of the elections getting over and the remedy of calling in question the said elections being elsewhere and not before this Court, I deem it appropriate to direct the respondents to declare the result of counting before respondent No.10 as well, reserving liberty to the petitioner to avail of such remedy as is available in law and all contentions that are projected before this Court be urged before the appropriate forum at the appropriate time. 5. Petition stands disposed accordingly. [ Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC/List No.: 1 Sl No.: 45