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High Court of Karnataka · body

2025 DAILYLAW 89826 (KAR)

BASAMMA v. THE STATE OF KARNATAKA

WP/21818/2025 · 2025-12-11

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 21818 OF 2025 (CS-EL/M) BETWEEN: 1. BASAMMA W/O BASAVEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 2, 2. B. SIDDEGOWDA, S/O THAMMANNGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 4, 3. NAGARAJU S/O THAMMANNAGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 5, 4. MADEGOWDA, S/O KALEGOWDA, AGED ABOUT 46 YEARS, SHARE NO. 11, 5. RATHNAMMA W/O THAMMAIAH @ MADEGOWDA, AGED ABOUT 48 YEARS, SHARE NO. 14, 6. PUTTAMMA W/O MADEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 20, 7. KEMPAMMA W/O SIDDEGOWDA, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 AGED ABOUT 55 YEARS, SHARE NO. 25, 8. JAYAMMA W/O BASAVEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 26, 9. NAGAMMA W/O NINGEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 27, 10. PAVITHRA W/O PUTTASWAMY, AGED ABOUT 40 YEARS, SHARE NO. 34, 11. NAGAMMA W/O BOREGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 43, 12. NAGAMMA W/O. MARISWAMY, AGED ABOUT 50 YEARS, SHARE NO. 44, 13. MAHADEVAMMA W/O. BOREGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 46, 14. SHIVARAJU S/O. BOREGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 50, 15. PUTTASWAMY S/O. MARIGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 51, - 3 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 16. RAJESH S/O. RAJU, AGED ABOUT 48 YEARS, SHARE NO. 53, 17. NAGARAJU S/O. MARIGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 61, 18. LINGEGOWDA S/O. APPEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 64, 19. B. SIDDEGOWDA S/O. BETTEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 65, 20. VEERAJAMMA W/O. B. SIDDEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 66, 21. KEMPAMMA W/O. BETTEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 68, 22. MAHESHA S/O. HONNEEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 72, 23. GOWRAMMA W/O. SURESH KUMAR, AGED ABOUT 60 YEARS, SHARE NO. 73, 24. JAYARAMU S/O. KULLEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 88, - 4 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 25. GOWRAMMA W/O. CHIKKABASAVEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 92, 26. HONNEGOWDA S/O. DODDACHOWDEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 95, 27. NINGAMMA W/O. CHOWDEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 97, 28. MADEGOWDA S/O. CHIKKAPPEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 97, 29. CHANDRAMMA W/O. MADEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 98, 30. GEETHA. T. R. W/O. SIDDARAJU, AGED ABOUT 50 YEARS, SHARE NO. 102, 31. SIDDARAJU. K. B. S/O. BETTEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 115, PETITIONERS 1 TO 31 ARE R/AT KAMSAGARA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571 430. 32. HEREGOWDA S/O MARIKENCHEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 124 - 5 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 33. CHIKKAVANU S/O SANIVARADA DASAIAH AGED ABOUT 50 YEARS, SHARE NO.125 34. SANNAIAH S/O SANIVARADA DASAIAH AGED ABOUT 45 YEARS, SHARE NO. 126 35. HELLEGOWDA S/O GUBEGOWDA AGED ABOUT 65 YEARS, SHARE NO. 128 36. NAGARAJU S/O DODDATHIMMAIAH AGED ABOUT 50 YEARS, SHARE NO.130 37. GOVINDAIAH S/O CHIKKADASEGOWDA, AGED ABOUT 56 YEARS, SHARE NO.132 38. K PUTTASWAMY S/O KUNNIAH AGED ABOUT 40 YEARS, SHARE NO. 133, PETITIONERS 32 TO 38 ARE R/AT THIGALARADODDI MALAVALLI TALUK MANDYA DISTRICT - 571 430. 39. PADAMAVATHI S/O SHIVALINGEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 138, R/AT KAMASAGARA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. - 6 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 40. DASEGOWDA S/O HANUMEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 141, R/AT THIGALARADODDI, MALAVALLI TALUK, MANDYA DISTRICT - 571 430 41. BASAVARAJU S/O HONNEGOWDA AGED ABOUT 50 YEARS, SHARE NO. 152, R/AT KAMASAGARA VILLAGE, MALAVALLI TALUK MANDYA DISTRICT - 571 430. 42. CHOWDEGOWDA, S/O DODDAKUNDEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 154, 43. KENCHAMMA, S/O THIMMEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.158, 44. PUTTABASAVEGOWDA, S/O DODDAIDEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.62 45. PUTTANINGAMMA, W/O GAVISIDDEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 166, 46. SIDDAMMA, W/O BOREGOWDA, AGED ABOUT 55 YEARS, SHARE NO.172, 47. HONNAMMA, W/O SIDDEGOWDA, AGED ABOUT 55 YEARS, - 7 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 SHARE NO. 179, 48. KRISHNA, S/O HONNEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.184, 49. PUTTAMMA, W/O MADEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 186, PETITIONERS 41 TO 49 ARE R/AT KAMASAGAR VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. 50. NAGAMMA W/O NARAYANA, AGED ABOUT 55 YEARS, SHARE NO.187, R/AT THIGALARADODDI, MALAVALLI TALUK, MANDYA DISTRICT - 571430. 51. KENCHEGOWDA S/O MADEGOWDA AGED ABOUT 55 YEARS SHARE NO. 194 52. PUTTEERAMMA W/O MARAHONNEGOWDA AGED ABOUT 50 YEARS SHARE NO. 196 53. NINGAMMA W/O BETTEGOWDA AGED ABOUT 65 YEARS SHARE NO. 204 54. MANCHAMMA W/O HONNEGOWDA AGED ABOUT 65 YEARS SHARE NO. 205 - 8 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 55. NAGAMMA W/O BOSEGOWDA AGED ABOUT 60 YEARS, SHARE NO. 209 56. MAHADEVAMMA, W/O MADEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 211, 57. HONNEGOWDA S/O CHIKKACHOWDEGOWDA AGED ABOUT 65 YEARS SHARE NO. 212 58. BETTEGOWDA S/O SIDDEGOWDA, AGED ABOUT 60 YEARS SHARE NO. 218 59. SANNEGOWDA S/O SIDDEGOWDA, AGED ABOUT 50 YEARS SHARE NO. 224 60. CHOWDESH S/O CHOWDEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 232 61. SIDDARJU S/O SIDDEGOWDA, AGED ABOUT 45 YEARS SHARE NO. 236 62. MAHESH K H S/O HONNEGOWDA, AGED ABOUT 45 YEARS SHARE NO. 238 63. BHAGYA W/O PUTTASWAMY, AGED ABOUT 40 YEARS, - 9 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 SHARE NO. 240 64. NINGAMMA W/O CHIKKACHOWDEGO WDA, AGED ABOUT 65 YEARS SHARE NO. 244 65. SURESHKUMAR S/O MADEGOWDA, AGED ABOUT 65 YEARS SHARE NO. 245 66. NINGAMMA, W/O BASAVEGOWDA, AGED ABOUT 50 YEARS SHARE NO. 246 67. DEVARJU B W/O BASAVEGOWDA AGED ABOUT 60 YEARS SHARE NO. 250 68. NAGAMMA W/O BASAVARAJU AGED ABOUT 40 YEARS SHARE NO. 252 69. SAKAMMA W/O SIDDEGOWDA AGED ABOUT 60 YEARS SHARE NO. 254 70. BASAVEGOWDA S/O KUDLA BASAVEGOWDA AGED ABOUT 60 YEARS 71. MAHADEVAMMA S/O BASAVEGOWDA AGED ABOUT 52 YEARS SHARE NO. 256 72. CHOWDEGOWDA S/O CHIKKEGOWDA AGED ABOUT 65 YEARS - 10 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 SHARE NO. 257 73. CHOWDAMMA W/O MARISWAMY AGED ABOUT 65 YEARS SHARE NO. 268 74. NAGAMMA W/O HONNEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 270, 75. PUTTAMMA W/O C BASAVARAJU, AGED ABOUT 50 YEARS, SHARE NO. 271 76. CHANDRAMMA W/O CHIKKAIDEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 274 77. MANUJA W/O K L ANANDKUMAR, AGED ABOUT 40 YEARS, SHARE NO. 285 78. CHOWDESHGOWDA S/O CHOWDAIAH, AGED ABOUT 32 YEARS, SHARE NO. 287 79. CHIKKAHONNEGOWDA S/O BASAVEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 288 PETITIONERS NO. 51 TO 79 ARE R/AT KAMASAGARA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT -571430 …PETITIONERS (BY SRI. BASAVARAJU H. N., ADVOCATE) - 11 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 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. T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, MANDYA DISTRICT, SUBHASNAGAR, MANDYA-571 401. 4. RETURNING OFFICER, KAMSAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KAMSAGARA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571 430. 5. KAMSAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY, LTD., KAMSAGARA, MALAVALLI TALUK, MANDYA DISTRICT-571 430. REPRESENTED BY ITS SECRETARY/CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS - 12 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R5 TO INCLUDE THE NAMES OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CASE THEIR VOTES IN THE ELECTION TO THE RESPONDENTS NO.5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 23.07.2025 ANNEXURE -A. THIS 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 has filed a memo stating that the petition has rendered infructuous, as the election is already held on 23.07.2025. Memo is placed on record. As per the interim order dated 22.07.2025, petitioners were permitted to cast their votes and accordingly, they have cast their votes but the election result is not yet declared. - 13 - HC-KAR NC: 2025:KHC:52588 WP No. 21818 of 2025 Memo is placed on record. In view of the above, the writ petition is disposed off. Respondent No.4 - Returning officer is directed to declare the results without counting the votes cast by the petitioners. The petitioners are at liberty to raise dispute under Section 70 of the KCS Act, if he is advised to do so. SD/- (M G UMA) JUDGE BH List No.: 2 Sl No.: 8