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2025 DAILYLAW 87510 (KAR)

SRI SURESH M C v. THE STATE OF KARNATAKA

WP/24087/2025 · 2025-09-11

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24087 OF 2025 (CS-EL/M) BETWEEN: 1. SRI SURESH M C S/O KODARI CHOWDEGOWDA, AGED ABOUT 45 YEARS, SHARE NO.172/2, 2. SMT. SIDDAMMA W/O SIDDEGOWDA AGED ABOUT 66 YEARS, SHARE NO.15/1, 3. SRI. CHOWDEGOWDA S/O SIDDEGOWDA @PEECHEGOWDA, AGED ABOUT 80 YEARS, SHARE NO.16/1. 4. SMT. CHANNAMMA W/O HONAGUNTE SIDDEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.24/1 5. SRI. SIDDEGOWDA S/O KEMPACHOWDANA HEEREGOWDA AGED ABOUT 80 YEARS, SHARE NO.32/1 6. SRI. EREGOWDA @ CHIKKANNA, S/O KONAMAIAY AGED ABOUT 85 YEARS, SHARE NO.33/1 7. SRI. MARIGOWDA S/O HUCHASANNACHOWDEGOWDA Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 AGED ABOUT 68 YEARS, SHARE NO.86/1 8. SRI. RAMEGOWDA S/O DEVEGOWDA AGED ABOUT 62 YEARS, SHARE NO.124/1 9. SMT. H.S. PABHAVATHI. W/O LATE M.D. ANANDA, AGED ABOUT 44 YEARS, SHARE NO. 126/1 10. SRI. M. MALLAIAH, S/O MALLAIAH AGED ABOUT 48 YEARS, SHARE NO.128/1 11. SRI.SIDDEGOWDA S/O PUTTAIAHNADEGOWDA, AGED ABOUT 80 YEARS, SHARE NO. 130/1 12. SMT. G.S. USHA W/O D. JAYARAMU AGED ABOUT 50 YEARS, SHARE NO.132/1 13. SMT. R. SHANTHAMMA W/O SIDDEGOWDANA PUTTASWMAY AGED ABOUT 63 YEARS, SHARE NO.159/1 14. SMT. SUVARNA W/O KADEGOWDA, AGED ABOUT 36 YEARS, SHARE NO. 169/1. 15. SMT. SANNAMMA. W/O S. SIDDEGOWDA, AGED ABOUT 61 YEARS, SHARE NO.179/1 - 3 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 16. SRI. SIDDEGOWDANA PRABHAKARA S/O JUJANA CHOWDEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.1/2 17. SRI. THAMMANAN S/O DASEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.9/2 18. SRI.SIDDEOGWDA S/O KARAGAMMANA SIDDEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.53/2 19. SMT. B.K. SHASHIKALA W/O M.C. SHIVALINGAIAH AGED ABOUT 58 YEARS, SHARE NO.55/2 20. SRI. M.S RAJANNA, S/O A. SIDDAIAH AGED ABOUT 49 YEARS, SHARE NO.68/2 21. SRI. M.S. SURESH, S/O SIDDAIAH AGED ABOUT 46 YEARS, SHARE NO.73/2 22. SMT. MANGALAMMA D/O NINGAMMA AGED ABOUT 53 YEARS, SHARE NO.75/2 23. SRI. M.H. SHIVARAMU S/O HANUMANTHEGOWDA AGED ABOUT 54 YEARS, SHARE NO.80/2 24. SRI. K. RAJANNA S/O KARIYAIAH AGED ABOUT 55 YEARS, SHARE NO.154/2 - 4 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 25. SRI. RAJU S/O HUCHAPPA CHOWDEGOWDA AGED ABOUT 60 YEARS, SHARE NO.160/2 26. SMT. M.C. NAGAMMA W/O K.M. ASHOKA AGED ABOUT 46 YEARS, SHARE NO. 164/2 27. SRI. M.D. PRADEEPA S/O DIVAKARA AGED ABOUT 37 YEARS, SHARE NO.40/3 28. SRI. M. CHOWDEGOWDA S/O SRI CHOWDEGOWDA @ DADIGOWDA AGED ABOUT 65 YEARS, SHARE NO.41/3. 29. SMT. PUTTACHANNAMMA W/O PUTTASWAMY GOWDA, AGED ABOUT 62 YEARS, SHARE NO.42/3. 30. SMT. LAKSHMAMA, W/O PRAKASH E AGED ABOUT 48 YEARS, SHARE NO.45/3 31. SMT. KEMPAMMA. W/O HANUMANTHEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.84/3 32. SRI. M.M. SUNIL KUMARA S/O LATE MARIDEVEGOWDA AGED ABOUT 36 YEARS, SHARE NO.90/3 33. DR. M.S. RAVIKUMARA S/O M.C. SIDDAIAH - 5 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 AGED ABOUT 57 YEARS, SHARE NO.114/3 34. SMT. S. SAVITHA. W/O M.S YOGESHA, AGED ABOUT 40 YEARS, SHARE NO.123/3 35. SRI. S. SWAMY, S/O LATE SIDDAIAH AGED ABOUT 39 YEARS, SHARE NO. 128/3 36. SMT. JAYAMMA W/O SHIVANNA AGED ABOUT 58 YEARS, SHARE NO. 150/3 37. SMT. SIDAMMA. W/O KEMPEGOWDA AGED ABOUT 65 YEARS, SHARE NO.160/3. 38. SMT. NIGAMMA W/O KANDEGALA SIDDEGOWDA AGED ABOUT 80 YEARS, SHARE NO.165/3 39. BABY SHAMILI W/O M.D PRASANNA AGED ABOUT 35 YEARS, SHARE NO.175/3 40. SMT. KEMPAMMA W/O KARIMANCHA CHOWDEGOWDA AGED ABOUT 70 YEARS, SHARE NO.56/2 PETITIONERS NO.1 TO 40 IS R/AT MADARAHALLI VILLAGE, MADDURU TALUK, MANDYA DISTRICT, KARNATAKA-571422 - 6 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 41. SMT. NINGAMMA W/O RAJANNA AGED ABOUT 56 YEARS, SHARE NO. 113/7 R/AT KEMPEGOWDANA DODDI, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA-571422 42. SMT. PRABHAVATHI. W/O CHANNABASAVAIAH AGED ABOUT 60 YEARS, SHARE NO.12/8 43. SRI. K. CHIKKANNA S/O KEMPEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 16/8 44. SRI. HANUMANTHEGOWDA, S/O CHANNEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 23/8 45. SRI. CHIKKACHANNEGOWDA S/O DODDACHANNEGOWDA, AGED ABOUT 76 YEARS, SHARE NO. 38/8 46. SRI. K.C. CHANNABASAVEGOWDA, S/O CHIKKACHANNEGOWDA, AGED ABOUT 69 YEARS, SHARE NO. 39/8 47. SRI. K.C. CHANNEGOWDA, S/O CHIKKANNA AGED ABOUT 62 YEARS, SHARE NO. 55/8 48. SRI. K.C. SHISHUPALA S/O CHANNEGOWDA AGED ABOUT 45 YEARS, SHARE NO. 61/8 - 7 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 PETITIONERS NO.42 TO 48 IS R/AT KOLAKARANA DODDI VILLAGE, MADDURU TALUK, MANDYA DISTRICT KARNATAKA-571422 49. SRI. M.C. SIDDARAJU S/O HOMBALAMMA AGED ABOUT 50 YEARS, SHARE NO. 38/2 R/AT MADARAHALLI VILLAGE, MADDURU TALUK, MANDYA DISTRICT KARNATAKA-571422 50. SRI. RUDRAIAH S/O ERAIAH @ DODDAIAH AGED ABOUT 70 YEARS, SHARE NO.12/5 51. SMT. JAYAMMA W/O SHANTHAVEERAIAH AGED ABOUT 60 YEARS, SHARE NO.13/5 52. SRI. RAMAIAH S/O THOTADAHALLI RAMAIAH AGED ABOUT 85 YEARS, SHARE NO. 24/5 53. SMT. SHIVAMADAMAMA W/O MAHANTHAIAH AGED ABOUT 71 YEARS, SHARE NO. 32/5 54. SRI. L. KRISHNAPPA S/O LINGAIAH AGED ABOUT 74 YEARS, SHARE NO.36/5 55. SRI.SHIVANNA S/O KARIYAPPA AGED ABOUT 70 YEARS, SHARE NO.45/5 - 8 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 56. SRI.SHIVALINGAIAH S/O CHANNEGWODA AGED ABOUT 73 YEARS, SHARE NO.48/5 57. SMT. Y.C. GOWRAMMA W/O J. KRISHNEGOWDA AGED ABOUT 61 YEARS, SHARE NO. 60/5 58. SMT. KAMALAMMA W/O JAVAREGWODA AGED ABOUT 70 YEARS, SHARE NO. 62/5 59. SRI.B. RAMESHA S/O BOMMEGOWDA @ ANNEGOWDA AGED ABOUT 63 YEARS, SHARE NO.73/5 60. SRI. B.RAMESHA S/O BOMMEGOWDA @ THAMMEGOWDA AGED ABOUT 53 YEARS, SHARE NO. 74/5, 61. SRI.A.C. KALEGWODA S/O CHOWDEGOWDA AGED ABOUT 60 YEARS, SHARE NO.88/5 62. SRI.BOMMAIAH @ NAGAPPA S/O BOMMEGOWDA AGED ABOUT 60 YEARS, SHARE NO. 94/5 63. SMT. H.C. MANJULA W/O CHANDRASHEKARA AGED ABOUT 52 YEARS, SHARE NO.99/5 64. SRI.A.C. SATHISHA, S/O CHANNEGWODA AGED ABOUT 48 YEARS, SHARE NO. 101/5 - 9 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 65. SRI. SHIVASWAMY, S/O KEMPAIAH @ KUNDAPPA AGED ABOUT 54 YEARS, SHARE NO. 114/5 66. SRI. S. CHANNAPPA S/O CHANNEGOWDA AGED ABOUT 52 YEARS, SHARE NO. 126/5 67. SMT. PUTTALINGAMMA W/O P. HONNAIAH AGED ABOUT 50 YEARS, SHARE NO.127/5 68. SRI. A.V. SHEKARA S/O GUNGREGOWDA AGED ABOUT 49 YEARS, SHARE NO. 141/5 69. SRI.CHIKAVEEREGOWDA S/O MADAIAH AGED ABOUT 48 YEARS, SHARE NO.143/5 70. SMT. THAYAMMA W/O JAVARAYI AGED ABOUT 58 YEARS, SHARE NO. 156/5 71. SRI. A.C. NAGARAJU S/O CHIKKAMARIGOWDA AGED ABOUT 50 YEARS, SHARE NO. 157/5 72. SRI. SOMA S/O SANNEGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 180/5 73. SMT. KAMALAMMA W/O SHIVALINGAIAH - 10 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 AGED ABOUT 70 YEARS, SHARE NO. 179/5 74. SRI. GANGADHARA S/O SIDDAIAH AGED ABOUT 60 YEARS, SHARE NO. 184/5 75. SRI. CHIKKABOMMAIAH S/O ANNEGOWDA, AGED ABOUT 67 YEARS, SHARE NO. 187/5 76. SRI. K. PUTTASWAY S/O PAPEGOWDA @ MADEGOWDA AGED ABOUT 64 YEARS, SHARE NO. 189/5 77. SRI.RAJU S/O BOMMAIAH AGED ABOUT 48 YEARS, SHARE NO. 191/5 78. SMT MANGALAMMA W/O PUTTASWAMY AGED ABOUT 46 YEARS, SHARE NO.192/5 79. SMT. SUMATHI W/O J. MAHESHA AGED ABOUT 31 YEARS, SHARE NO. 2/6 80. SMT. BHAGYAMMA W/O SHANKARA AGED ABOUT 51 YEARS, SHARE NO.32/6 81. SRI. A.S. MADEGOWDA S/O SHIVAMADEGOWDA AGED ABOUT 31 YEARS SHARE NO. 34/6 - 11 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 82. SMT. A.K. BHAVAYA W/O L. KRISHNEGOWDA AGED ABOUT 40 YEARS SHARE NO.39/6 83. SMT. B.E. RENUKA W/O CHIKKAMOGA AGED ABOUT 50 YEARS, SHARE NO.43/6 84. SMT. BHARATHI S/O LATE RAJANNA AGED ABOUT 43 YEARS, SHARE NO. 72/6 85. SRI. B. CHANDRASHEKARA S/O BOMMEGOWDA @ THAMMEGOWDA AGED ABOUT 62 YEARS, SHARE NO. 74/6 86. SMT. SHOBHA W/O SHANKARA AGED ABOUT 62 YEARS, SHARE NO. 75/6 87. SRI. A.N. NANDISHA S/O NAGAEREGOWDA AGED ABOUT 36 YEARS, SHARE NO.100/6 88. SMT. JAYALAKSHMI W/O NAGI EREGOWDA AGED ABOUT 52 YEARS, SHARE NO. 101/6 89. SRI. SANTHOSH KUMAR S/O LATE KALEGOWDA AGED ABOUT 46 YEARS, SHARE NO. 106/6 90. SRI. A.C. NAGENDRA S/O CHIKKAMOGA AGED ABOUT 32 YEARS, SHARE NO. 112/6 - 12 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 91. SRI. K. SHIVAKUMAR S/O A.C. KALEGOWDA AGED ABOUT 29 YEARS, SHARE NO. 134/6 92. SRI.MARIYAPPA S/O ERAIAH AGED ABOUT 80 YEARS, SHARE NO. 115/6 PETITIONERS NO.50 TO 92 ARE R/AT AMBARAHALLI VILLAGE MADDUR TALUK, MANDYA DISTRICT, KARNATAKA-571422 93. SRI. MAHADEVU S/O ANGAPPA @ PUTTASWAMY AGED ABOUT 54 YEARS, SHARE NO.8/7 94. SRI. S.K. RAMESHA, S/O KENCHEGOWDA AGED ABOUT 55 YEARS, SHARE NO. 34/7 95. SRI. SRINIVAS S/O BASAVEGWODA AGED ABOUT 57 YEARS, SHARE NO. 77/7 96. SRI. SHIVAMURTHY S/O CHIKKAMADAPPA AGED ABOUT 62 YEARS, SHARE NO. 82/7 97. SRI. SHIVASWAY S/O MADAPPA AGED ABOUT 55 YEARS, SHARE NO. 101/7 PETITIONERS NO.93 TO 97 ARE R/AT SINGATAGERE VILLAGE, - 13 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 MADDUR TALUK, MANDYA DISTRICT KARNATAKA-571422 98. SMT. SAVITHA W/O CHIKKANNA AGED ABOUT 52 YEARS, SHARE NO.95/6, 99. SMT. GOWRAMA W/O MADAIAH AGED ABOUT 62 YEARS, SHARE NO. 105/5, PETITIONERS NO.98 AND 99 ARE R/AT AMBARAHALLI VILLAGE MADDUR TALUK, MANDYA DISTRICT KARNATAKA-571422 …PETITIONERS (BY SRI. PRASHANTH M.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMCC, A-BLOCK, SHANTHINAGAR, K.H. ROAD, BENGALURU-560027 BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES/ DISTRICT ELECTION OFFICER. (ICDP) MANDYA DISTRICT, MANDYA-571401. 4. THE RETURNING OFFICER, MADARAHALLI PRATAMIKA KRUSHI PATINA SAHAKARA SANGHA NIYAMITHA, C.A.KERE HOBLI, MADDURU TALUK, MANDYA DISTRICT -571422 - 14 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 5. THE MADARAHALLI PRATAMIKA KRUSHI PATINA SAHAKARA SANGHA NIYAMITHA C.A. KERE HOBLI, MADDURU TALUK, MANDYA DISTRICT-571422 REPRESENTED BY ITS INCHARGE CHIEF EXECUTIVE OFFICER. A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OP. SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. RAGHURAM H.R., ADVOCATE FOR RESPONDENT NO.5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AS PER ANNEXURE B AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO THE RESPONDENT NO.5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.08.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 15 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondents to include the names of the petitioners in the final eligible voters list as per Annexure ‘B’ to the petition and permit them to cast their vote in the upcoming elections to the respondent No.5 – Society which is scheduled on 10.08.2025 in so far as the petitioners are concerned. 2. The petitioners contend that they are all members of respondent No.5 - Society. 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 'the Rules, 1960' for short). They contend that when they questioned why their names were included in the ineligible voters list, they were told that they were not from the borrowers Constituency and that they had failed to attend two General Body Meetings and had failed to do the minimum transactions. Thereafter, they made an oral request to permit - 16 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 them to vote at the elections to the Managing Committee of respondent No.5 scheduled on 10.08.2025. They contend that respondent No.5 had not properly maintained the minutes of the General Body Meeting. They claimed that no notice was issued to them before including their names in the ineligible voters list. Therefore, they pray that a direction be issued to the respondents to include their names in the list of eligible voters. 3. The learned counsel for the petitioners reiterated the above contentions and submitted that the procedure as prescribed under Rule 13-D of the Rules, 1960 is not complied and therefore, a direction deserves to be issued to the respondent No.5 to include the names of the petitioners in the eligible voters list. He further contends that this Court had granted an interim order dated 07.08.2025 permitting the petitioners to cast their votes in the election to the Managing Committee of respondent No.5 which was scheduled on 10.08.2025. He, therefore, prays that a suitable direction be issued to the respondent No.4 to count the votes of petitioners and declare the results of the election. - 17 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 4. The learned Additional Government Advocate submits that the issue is no longer res integra in view of the judgment of a coordinate bench of this Court in the case of H.S.Raju v. 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 the 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 'the 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 the Rules, 1960. 6. Now that the petitioners were permitted to cast their votes at the elections that were held on 10.08.2025, the - 18 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 petition deserves to be disposed off on similar terms as in the case of H.S.Raju (supra). Accordingly, this Writ Petition is disposed off on the following terms: (i) The respondent No.4 - Returning Officer shall keep the votes cast by the petitioners at the elections held on 10.08.2025 to the Committee of Management of respondent No.5 – Society, separately; (ii) The petitioners are permitted to raise a dispute before the appropriate Authority under Section 70(2)(c) of the Act, 1959 within one month from the date of receipt of a certified copy of this Order; (iii) If a dispute is raised, the concerned Authority shall examine the dispute and determine the eligibility / ineligibility of the petitioners to vote at the elections to the Managing Committee of respondent No.5 and the consequent impact on - 19 - HC-KAR NC: 2025:KHC:36149 WP No. 24087 of 2025 the election to the Board of the respondent No.5. (iv) It is made clear that this Court has not expressed any opinion on the merits of the case or regarding the ineligible list of voters published by the respondent No.5 - Society. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 69