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2025 DAILYLAW 86660 (KAR)

RAMESH K M v. THE STATE OF KARNATAKA

WP/29508/2025 · 2025-12-15

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 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. 29508 OF 2025 (CS-EL/M) BETWEEN: 1. RAMESH K M S/O MARIGOWDA, AGED ABOUT 60 YEARS MEMBERSHIP NO. 2240 2. RAMEGOWDA S/O RAMEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO. 3594 3. NILAMMA K P W/O EREGOWDA M L AGED ABOUT 70 YEARS MEMBERSHIP NO. 3832 4. SATISH M H S/O HANUMEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO. 6554 5. PARAMESH GOWDA M H S/O HANUMEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO. 6844 6. KARIYAPPA GOWDA S/O CHANNE GOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO. 868 7. SHANKRAMMA W/O KARIYAPPA GOWDA, AGED ABOUT 65 YEARS MEMBERSHIP NO. 6219 Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 8. DHARMARAJ E S S/O SHANKREGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 4143 9. NAGESH S S S/O SAGANEGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 7238 10. KALPANA K N W/O NAGESH S S AGED ABOUT 50 YEARS MEMBERSHIP NO. 7239 11. MANJUNATH B D S/O DYAVEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO. 2691 12. KUMAREGOWDA S K S/O KALLEGOWDA AGED ABOUT 56 YEARS MEMBERSHIP NO. 2689 13. SOMEGOWDA S P S/O PUTTEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO. 4445 14. JAYAMMA W/O SOMEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO. 4446 15. DODDEGOWDA S K S/O KALLEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO. 4523 16. JAYAPRAKASH I M S/O MANJEGOWDA I K AGED ABOUT 58 YEARS - 3 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 MEMBERSHIP NO. 7031 17. HALAPPA GOWDA S/O KALLEGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO. 7102 18. MAHESH N E S/O EREGOWDA AGED ABOUT 55 YEARS MEMBERSHIP NO. 4192 19. GOPALA S P S/O PUTTAIAH, AGED ABOUT 55 YEARS MEMBERSHIP NO. 7706 20. JANARDHAN S/O GURUVEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO. 3010 21. ESHWAREGOWDA S/O PUTTEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO. 3971 22. THIMMEGOWDA H K S/O KARIGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO. 684 23. NANJGEGOWDA S/O EREGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO. 2209 24. ANNEGOWDA S/O RANGEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO. 3138 25. BINDUSAR S/O SUBBEGOWDA - 4 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 AGED ABOUT 50 YEARS MEMBERSHIP NO. 5521 26. RAJASHEKHAR H.V. S/O BHADREGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO. 5523 27. VINOD M.E. W/O PRAKASHA C.S. AGED ABOUT 60 YEARS MEMBERSHIP NO 3201 28. HONEEGOWDA S/O EREGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO 579 29. THIMMEGOWDA C P S/O PUTTEGOWDA C S AGED ABOUT 65 YEARS MEMBERSHIP NO 5571 30. CHANDRAMMA W/O VERBHADREGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO 893 31. PRASANNA KUMAR S/O RAMEGOWDA AGED ABOUT 48 YEARS MEMBERSHIP NO 7938 32. MOGANNAGOWDA S/O PUTTEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO 3990 33. CHANDREGOWDA D S/O DYVEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO 5129 - 5 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 34. PUTTEGOWDA S/O BHADREGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO 6948. 35. ANNEGOWDA K L S/O LAKSHMEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO 7220 36. SAGANEGOWDA K L S/O LAKSHMEGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO 7334 37. GANGEGOWDA K C S/O CHANNEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO 7455 38. MALLEGOWDA K R S/O RUDREGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO 1917 39. LAKSHMANGOWDA S/O MANJEGOWDA AGED ABOUT 68 YEARS MEMBERSHIP NO 5105 40. SAROJA K M W/O LAKSHMAN GOWDA D M AGED ABOUT 65 YEARS MEMBERSHIP NO 5411 41. VEERBHADREGOWDA K M S/O MALLEGOWDA AGED ABOUT 75 YEARS MEMBERSHIP NO 2338 42. JAYAMMA W/O VEERABHADRE GOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO 5724 - 6 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 43. NAGESH D S S/O SIDDEGOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO 7900 44. LAKSHMAN GOWDA S/O MANJEGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO 5105 45. PADMAVATHI W/O LOKESH D H AGED ABOUT 55 YEARS MEMBERSHIP NO 5117 46. UDDEGOWDA S/O PATHEGGOWDA AGED ABOUT 65 YEARS MEMBERSHIP NO 8722. 47. RENUKA W/O RUDREGOWDA Y M AGED ABOUT 60 YEARS MEMBERSHIP NO 7130 48. UMAR FAROOQ S/O MOHAMMAD YAHYA AGED ABOUT 70 YEARS MEMBERSHIP NO 6434 49. DHANACHARI S/O PUTTACHARI AGED ABOUT 65 YEARS MEMBERSHIP NO 3375 ALL ARE THE MEMBERS OF BELUR TALUK PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICT - 573123 (SENIOR DISTRICT BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. SURESHA N.K., ADVOCATE) - 7 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTINAGAR BANGALORE - 560 027 REP BY ITS SECRETARY 3. JOINT REGISTRAR CO OPERATIVE SOCIETIES AND ELECTION OFFICER MYSORE ZONE, PUBLIC OFFICE BUILDING, NEW SYYAGIRAO ROAD MYSORE - 570 024 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN DISTRICT - 573 201 5. BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR, HASSAN DISTRICT-573123 BY ITS MANAGER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) 6. RETURNING OFFICER BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICT-573123 (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 & 6 SRI. A. DEVARAJ, ADVOCATE FOR R2) - 8 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST, WHO ARE NOW IN THE INELIGIBLE VOTERS LIST OF NAGENAHALLI BORROWER CONSTITUENCY AS PER ANNEXURE -A AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULE TO BE HELD ON 05.10.2025 ANNEXURE -B. 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 Nos.2 to 6 to include their names in the eligible voters' list and permit them to cast their votes in the election that was scheduled to be held on 05.10.2025. 2. Learned Additional Government Advocate submits that, as per the interim order dated 25.09.2025, the petitioners were permitted to cast votes in the election that is already held directing respondent No.6 to announce the result of the election - 9 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 without counting the votes cast by the petitioners and therefore, he prays for passing appropriate orders. 4. The petitioners have raised several grounds in the petition. There is efficacious and statutory remedy available for the petitioners to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'). Now they have already cast their votes and the same is preserved in a separate box. Under such circumstances, I do not find any reason to keep the petition pending bypassing the statutory remedy that is available to the petitioners. 5. In view of the above, the following: ORDER (i) The petition is dismissed. (ii) The petitioners are at liberty to raise the dispute before the appropriate authority under Section 70 of the KCS Act, if they are advised to do so, within ten days from the date of receipt of the copy of this order. (iii) The Returning Officer-respondent No.6 is directed to announce the election result without counting the votes already cast by the - 10 - HC-KAR NC: 2025:KHC:53344 WP No. 29508 of 2025 petitioners, if the election result is not yet declared. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 7