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2025 DAILYLAW 87735 (KAR)

MRS R LAKSHMAMMA v. THE STATE OF KARNATAKA

WP/24306/2025 · 2025-12-15

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 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. 24306 OF 2025 (CS-EL/M) BETWEEN: 1. MRS. R. LAKSHMAMMA W/O. A.K. NAGARAJA, AGED ABOUT 53 YEARS, 2. MRS. SHIVARATHNAMMA W/O. DODDIREGOWDA, AGED ABOUT 50 YEARS, 3. MRS. NINGAMMA W/O. BOJJEGOWDA, AGED ABOUT 56 YEARS, 4. MRS. GOWRAMMA W/O. A. M. DODDIREGOWDA, AGED ABOUT 58 YEARS, 5. MRS. GOWRAMMA W/O. CHIKKEREGOWDA, AGED ABOUT 49 YEARS, 6. MRS. CHIKKATHAYAMMA W/O. SANNEGOWDA, AGED ABOUT 58 YEARS, 7. MR. SANDEEPKUMAR S/O. KEMPAIAH, AGED ABOUT 39 YEARS, 8. MRS. JAYAMMA W/O. HANUMEGOWDA, AGED ABOUT 55 YEARS, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 9. MR. KARIYACHARI S/O. SIDDACHARI, AGED ABOUT 56 YEARS, 10. MRS. LAKSHMAMMA W/O. PUTTASWAMY, AGED ABOUT 56 YEARS, 11. MR. PAPANNA S/O. EREGOWDA, AGED ABOUT 59 YEARS, 12. MRS. JAYAMMA W/O. SHIVALINGEGOWDA, AGED ABOUT 57 YEARS, 13. MR. DODDIREGOWDA S/O. KEMPAIAHNADODDAIDEGOWDA, AGED ABOUT 59 YEARS, 14. MR. A. D. ERAJU S/O. DODDIREGOWDA, AGED ABOUT 52 YEARS, 15. MR. NAGASHAYANAMURTHY S/O. B. PANDURANGAPPA, AGED ABOUT 53 YEARS, 16. MR. DODDALINGEGOWDA S/O. DODINAKENCHEGOWDA, AGED ABOUT 57 YEARS, 17. MR. B. P. RAMAPRASAD S/O. B. PANDURANGAPPA, AGED ABOUT 50 YEARS, 18. MR. DODDIREGOWDA S/O. B. EREGOWDA, AGED ABOUT 54 YEARS, 19. MRS. ERAMMA W/O. RAJANNA, AGED ABOUT 53 YEARS, - 3 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 20. MRS. SUBBALAKSHMI W/O. BALAKRISHNA, AGED ABOUT 58 YEARS, 21. MR. CHIKKIREGOWDA S/O. EREGOWDA @ KADEGOWDA, AGED ABOUT 52 YEARS, 22. MRS. CHENNAJAMMA W/O. SHIVANNA, AGED ABOUT 53 YEARS, 23. MR. VENKATESH S/O. SHIVANNA, AGED ABOUT 35 YEARS, 24. MR. CHANNAVEREGOWDA S/O. VEREGOWDA, AGED ABOUT 50 YEARS, 25. MRS. NINGAMMA W/O. KENCHEGOWDA, AGED ABOUT 52 YEARS, 26. MR CHANNEGOWDA, S/O CHANNEGOWDA, AGED ABOUT 49 YEARS. 27. MR. CHIKKANINGEGOWDA S/O.MARICHIKKEGOWDA AGED ABOUT 56 YEARS, 28. MRS.SIDDARAJAMMA W/O.NAGEGOWDA AGED ABOUT 54 YEARS, 29. MRS.A.C.PRAMILA W/O.SHIVALINGEGOWDA AGED ABOUT 46 YEARS, 30. MR.PUTTASWAMYSHETTY S/O.SIDDASHETTY AGED ABOUT 53 YEARS, - 4 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 31. MR.MARIREGOWDA S/O.EREGOWDA AGED ABOUT 55 YEARS, 32. MRS.NAGAMMA W/O.MOTEGOWDA AGED ABOUT 49 YEARS, 33. MR.CHENNEGOWDA S/O.GOOLIGOWDA AGED ABOUT 50 YEARS, 34. MR.CHANDRA S/O.CHIKKAMADEGOWDA AGED ABOUT 40 YEARS, 35. MR.RAJANNA.A.C S/O.CHENNEGOWDA AGED ABOUT 51 YEARS, 36. MRS. THAYAMMA W/O.DODDIREGOWDA AGED ABOUT 56 YEARS, 37. MRS.SAROJAMMA D/O.MARIREGOWDA AGED ABOUT 49 YEARS, 38. MRS.GANGAMMA D/O.JAVAREGOWDA AGED ABOUT 42 YEARS, 39. MR.ERAIAH @ BANGALI S/O.KENCHEGOWDA AGED ABOUT 55 YEARS, 40. MR.SIDDASHETTY S/O.SIDDASHETTY AGED ABOUT 50 YEARS, 41. MRS PUTTALINGAMMA W/O.KARIGOWDA - 5 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 AGED ABOUT 59 YEARS, 42. MR.SANTHOSH KUMAR.A.P S/O. PUTTASWAMY AGED ABOUT 39 YEARS, 43. MR.UMESH.E S/O. EREGOWDA @ YAPIREGOWDA AGED ABOUT 44 YEARS, 44. MR.KULLEGOWDA S/O.BOLEGOWDA AGED ABOUT 53 YEARS, 45. MR.K.NAGESH S/O.KULLEGOWDA AGED ABOUT 35 YEARS, 46. MR.SIDDAPAJI S/O.MANTESWAMY AGED ABOUT 53 YEARS, 47. MR.MUNESH S/O.VENKATAPPA AGED ABOUT 47 YEARS, 48. MRS CHANNABASAMMA W/O.SANNEGOWDA AGED ABOUT 48 YEARS, 49. MR.MANJU.A.N. S/O.NAGEGOWDA AGED ABOUT 40 YEARS, 50. MR.CHIKKIREGOWDA S/O.EREGOWDA AGED ABOUT 56 YEARS, ALL SL.NO.1 TO 50 ARE RESIDING AT AMRUTHESHWARANAHALLI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 475 …PETITIONERS (BY SRI. SATHYA M.N., ADVOCATE (AB)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, - 6 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 M.S. BUILDING, DR. B. R. AMBEKDAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHINAGAR, BENGALURU-560 027, REPRESENTED BY ITS SECRETARY. 3. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA, MANDYA DISTRICT-571 401. 4. RETURNING OFFICER AMRUTHESHWARANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., AMRUTHESHWARANAHALLI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 457. 5. AMRUTHESHWARANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., AMRUTHESHWARANAHALLI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 457. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT. REP BY ITS SECRETARY …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 4 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED PRAYING TO DIRECT THE R2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE LEGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTION SCHEDULED TO BE HELD ON 14.08.2025 AS PER ANNEXURE-A TO THE R5 SOCIETY. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 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 5 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 14.08.2025. 2. Heard learned Additional Government Advocate for respondent Nos.1, 3 and 4. Learned counsel for the petitioners is absent. No representation. 3. Learned Additional Government Advocate submits that, as per the interim order dated 13.08.2025, the petitioners were permitted to cast vote in the election that is already held directing respondent No.4 to announce the result of the election 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'). - 8 - HC-KAR NC: 2025:KHC:53341 WP No. 24306 of 2025 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.4 is directed to announce the election result without counting the votes already cast by the petitioners, if the election result is not yet declared. SD/- (M G UMA) JUDGE MKM CT:VS : List No.: 1 Sl No.: 4