Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 89280 (KAR)

EREGOWDA v. THE STATE OF KARNATAKA

WP/22169/2025 · 2025-12-09

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52043 WP No. 22169 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 22169 OF 2025 (CS-EL/M) BETWEEN: 1. EREGOWDA S/O EREGOWDA AGED ABOUT 56 YEARS SHARE NO. 31 2. NINGEGOWDA (BHIMA) S/O LINGEGOWDA AGED ABOUT 52 YEARS SHARE NO. 33 3. PARVATHAMMA W/O MUDDULINGACHARI AGED ABOUT 54 YEARS SHARE NO. 107 4. MUNICHOWDACHARI S/O MARIYACHARI AGED ABOUT 60 YEARS SHARE NO. 112 5. KRISHNAMURTHY S/O KULLACHARI AGED ABOUT 46 YEARS SHARE NO. 139 6. CHANNAMMA W/O SINGACHARI AGED ABOUT 54 YEARS SHARE NO. 143 7. PUTTASWAMACHARI S/O PUTTACHARI AGED ABOUT 52 YEARS SHARE NO. 190 Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52043 WP No. 22169 of 2025 8. DASEGOWDA S/O THIMMEGOWDA AGED ABOUT 54 YEARS SHARE NO. 198 9. JAYAMMA W/O BASAVARAJU AGED ABOUT 55 YEARS SHARE NO. 241 10. SHANTHAMMA W/O LATE THIMMAPPA AGED ABOUT 51 YEARS SHARE NO. 277 11. VENAMMA W/O LATE NANJUNDALINGACHARI AGED ABOUT 51 YEARS SHARE NO. 370 12. SHRINIVASA S/O SIDDACHARI AGED ABOUT 48 YEARS SHARE NO. 411 13. SUNANDAMMA W/O LATE SITHARAMAIAH AGED ABOUT 50 YEARS SHARE NO. 412 14. MAHADEVU S/O BOREGOWDA AGED ABOUT 52 YEARS SHARE NO. 458 15. THANUJA W/O VIJAYAKUMAR AGED ABOUT 44 YEARS SHARE NO. 520 16. MANJULA W/O CHALUVARAJU AGED ABOUT 44 YEARS SHARE NO. 527 - 3 - HC-KAR NC: 2025:KHC:52043 WP No. 22169 of 2025 17. CHANNAMMA W/O KONE DASASHETTY AGED ABOUT 59 YEARS SHARE NO. 528 18. CHAMACHARI S/O KAPANACHARI AGED ABOUT 64 YEARS SHARE NO. 560 19. CHIKKKATHAYAMMA W/O PANCHALINGACHARI AGED ABOUT 57 YEARS SHARE NO. 561 20. CHIKKAMANCHAMMA W/O CHIKKAVENKATAIAH AGED ABOUT 56 YEARS SHARE NO. 197 PETITIONERS NO.1 TO 20 ARE R/O N. KODIHALLI VILLAGE HALAGURU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571 430. …PETITIONERS (BY SRI: RUDRAPPA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO OPERATION M S BUILDING, 6TH FLOOR BANGALORE - 560 001. 2. N KODIHALLI MILK PRODUCERS CO OPERATIVE SOCIETY A REGISTERED CO OPERATIVE SOCIETY UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959 MALAVALLI TALUK MANDYA DISTRICT 571430. REP BY ITS SECRETARY. - 4 - HC-KAR NC: 2025:KHC:52043 WP No. 22169 of 2025 3. THE RETURNING OFFICER N KODIHALLI MILK PRODUCERS CO OPERATIVE SOCIETY A REGISTERED CO OPERATIVE SOCIETY UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959 MALAVALLI TALUK MANDYA DISTRICT - 571 430. 4. THE ELECTION OFFICER AND ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETY (HOUSING AND OTHERS) OFFICE OF THE CO OPERATIVE NO. 1 ALI ASKAR ROAD BENGALURU - 560 052 5. CO OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS COMMISSIONER 3RD FLOOR, SHANTI NAGAR TTMC 'A' BLOCK, SHANTINAGAR BANGALORE 560002. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 4 SRI. A. DEVARAJ, ADVOCATE FOR R5 R2 - SD/-) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE ACT OF THE RESPONDENT NO.2 IN DISQUALIFYING THE PETITIONERS FROM THE ELIGIBLE VOTERS LIST IS VIOLATIVE OF RULE 13(D)(3) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 BY ALLOWING THIS WRIT PETITION; DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONERS TO PARTICIPATE IN THE ELECTION PROCESS INCLUDING RIGHT TO VOTE SCHEDULED TO BE HELD ON 27.07.2025 FOR THE MANAGEMENT OF COMMITTEE OF THE 2ND - 5 - HC-KAR NC: 2025:KHC:52043 WP No. 22169 of 2025 RESPONDENT SOCIETY FOR THE NEXT TERM OF FIVE YEARS PURSUANT TO ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioners submits that the election results are already declared. Hence, the petition has become infructuous. He has filed a memo to that effect. Memo is placed on record. The writ petition is dismissed as having rendered infructuous. SD/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 17