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2025 DAILYLAW 90189 (KAR)

SMT. BHAGYAMMA v. THE STATE OF KARNATAKA

WP/31463/2025 · 2025-12-09

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52041 WP No. 31463 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. 31463 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. BHAGYAMMA W/O. T. MARAPPA AGED ABOUT 60 YEARS (MEMBERSHIP NO.10) 2. NARASIMHAMURTHY S/O. LATE KRISHNAPPA AGED ABOUT 76 YEARS (MEMBERSHIP NO.19) 3. VENKATASUBBAIAH S/O. LATE SUBBARAYAPPA AGED ABOUT 72 YEARS (MEMBERSHIP NO.33) 4. NARAYANASWAMY S/O. LATE RAMAIAH AGED ABOUT 62 YEARS (MEMBERSHIP NO.97) 5. MUNIRAJA (YEMBRALLI) S/O. BYRAPPA AGED ABOUT 63 YEARS (MEMBERSHIP NO.192) 6. KRISHNAPPA S/O. LATE MARALLI MUNISHAMAPPA AGED ABOUT 63 YEARS (MEMBERSHIP NO.291) 7. SMT. GOWRAMMA W/O. LATE DEVARAJA Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52041 WP No. 31463 of 2025 AGED ABOUT 43 YEARS (MEMBERSHIP NO.292) 8. A. NARAYANASWAMY S/O. D. ANJANAPPA AGED ABOUT 60 YEARS (MEMBERSHIP NO.296) 9. RAMAKRISHNAPPA S/O. BYYYANNA (BHADIGE) AGED ABOUT 61 YEARS (MEMBERSHIP NO.302) 10. MAHESHKUMAR S/O GOVINDAPA AGED ABOUT 41 YEARS (MEMBERSHIP NO. 303) 11. MANOHARA S/O. H. NANJAPPA AGED ABOUT 50 YEARS (MEMBERSHIP NO.310) ALL THE PETITIONERS ARE THE MEMBERS OF BOMMAVARA MILK PRODUCERS COOPERATIVE SOCIETY LTD. R/AT BOMMAVARA VILLAGE UGANAVADI POST KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI: J MANJUNATHESWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF COOPERATION GOVERNMENT OF KARNATAKA 6TH FLOOR, 3RD GATE, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. - 3 - HC-KAR NC: 2025:KHC:52041 WP No. 31463 of 2025 2. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER BENGALURU RURAL DISTRICT D.C. OFFICE COMPOUND BEERASANDRA, KUNDANA HOBLI DEVANAHALLI BENGALURU RURAL DISTRICT - 562 125. 3. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT - 561 203. 4. BOMMAVARA MILK PRODUCERS COOPERATIVE SOCIETY LTD. HAVING ITS REGISTERED OFFICE AT BOMMAVARA VILLAGE UGANAVADI POST KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 110. REPTD. BY ITS CHIEF EXECUTIVE OFFICER. 5. THE RETURNING OFFICER BOMMAVARA MILK PRODUCERS COOPERATIVE SOCIETY LTD. AND COOPERATIVE DEVELOPMENT OFFICER DEVANAHALLI TALUK DEVANAHALLI BANGALORE RURAL DISTRICT-562110. 6. THE KARNATAKA STATE COOPERATIVE ELECTION AUTHORITY BMTC BUILDING 3RD FLOOR, SHANTHINAGARA BENGALURU - 560 027 REPTD. BY ITS SECRETARY. …RESPONDENTS (BY SRI: YOGESH D. NAIK, AGA FOR R1-3 & 5 SRI: A. DEVARAJ, ADVOCATE FOR R6 R4 - SD/-) - 4 - HC-KAR NC: 2025:KHC:52041 WP No. 31463 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THAT THE ACTION OF THE 4TH RESPONDENT SOCIETY IN INCLUDING THE NAMES OF THE PETITIONERS HEREIN IN THE LIST OF INELIGIBLE VOTERS AT ANNEXURE-C AS BAD AND ILLEGAL AND THAT IT IS NOT IN CONFORMITY WITH SUB-RULE (2-A) OF RULE 13-D OF THE RULES; ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR APPROPRIATE ORDER QUASHING THE LIST OF INELIGIBLE VOTERS PUBLISHED BY THE 4TH RESPONDENT SOCIETY AT ANNEXURE-C AND ISSUE APPROPRIATE WRIT OR ORDER DECLARING THAT THE PETITIONERS ARE ELIGIBLE TO VOTE IN THE ELECTION FIXED ON 25.10.2025 TO THE BOARD OF THE 4TH RESPONDENT SOCIETY 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 Learned counsel for the petitioners submits that the election as scheduled was already held on 25.10.2025. Pursuant to the interim order dated 17.10.2025, the petitioners were permitted to cast their votes and accordingly, they have cast their votes. In view of the same, the petitioners have to raise dispute under Section 70 of the Karnataka Co-operative Societies Act. Hence, the petition may be disposed off as the same has rendered infructuous. Memo is placed on record. - 5 - HC-KAR NC: 2025:KHC:52041 WP No. 31463 of 2025 The writ petition is dismissed as having rendered infructuous, with liberty to the petitioners to raise dispute under Section 70 of the Karnataka Co-operative Societies Act. In view of the disposal of main petition, IA.1 of 2025 filed for impleading does not survive for consideration and accordingly, the same stands disposed off. SD/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 6