Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 91199 (KAR)

SHANTAMMA C C v. THE STATE OF KARNATAKA

WP/29441/2025 · 2025-12-15

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 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. 29441 OF 2025 (CS-EL/M) BETWEEN: 1. SHANTAMMA C C W/O RANGEGOWDA, AGED ABOUT 55 YEARS, MEMBER SHIP NO.4659. 2. RAJEGOWDA S.D. S/O DODDEGOWDA, AGED ABOUT 58 YEARS, MEMBER SHIP NO.4645. 3. BHADRAIAH, S/O DODDA UDDAIH, AGED ABOUT 50 YEARS, MEMBER SHIP NO.8251. 4. CHANDREGOWDA, S/O MALLEGOWDA, AGED ABOUT 52 YEARS, MEMBER SHIP NO NO.2457. 5. RUDREGOWDA, S/O HIRRIAYANNA GOWDA, AGED ABOUT 55 YEARS, MEMBER SHIP NO.3098. 6. PARMESHA GOWDA B.G. S/O GIDDEGOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO.3841. 7. JAGADEESH B.K. S/O KALLEGOWDA, AGED ABOUT 48 YEARS, MEMBER SHIP NO.4108. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 8. SATISH S/O JAVAREGOWDA, AGED ABOUT 40 YEARS, MEMBER SHIP NO.7608. 9. SHANTEGOWDA S/O SIDDEGOWDA, AGED ABOUT 62 YEARS, MEMBER SHIP NO. 1273. 10. AJJEGOWDA C.J. S/O JUNGEGOWDA, AGED ABOUT 61 YEARS, MEMBER SHIP NO1646. 11. INDRAMMA, W/O HANUMEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO. 1786. 12. GIRIGOWDA C.B. S/O BORANNAGOWDA, AGED ABOUT 48 YEARS, MEMBER SHIP NO.2158. 13. PARAMESHA C C S/O CHANNEGOWDA, AGED ABOUT 65 YEARS, MEMBER SHIP NO.3070. 14. MOGANNAGOWDA, S/O SIDDEGOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO.3261. 15. DODDEGOWDA C.M. S/O MARIGWODA, AGED ABOUT 66 YEARS, MEMBER SHIP NO.6931. 16. RAGHU C.L. S/O LOKAPPA GOWDA, - 3 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 AGED ABOUT 50 YEARS, MEMBER SHIP NO.7650. 17. SHESHAMMA, W/O LAKSHMEGOWDA, AGED ABOUT 65 YEARS, MEMBER SHIP NO.7792. 18. DODDATIMMAIAH, S/O NINGAIAH, AGED ABOUT 70 YEARS, MEMBER SHIP NO.7482. 19. SIDDEGOWDA, S/O NIRAVANAGOWDA, AGED ABOUT 85 YEARS, MEMBER SHIP NO3853. 20. REVANNAGOWDA, S/O KRISHNEGOWDA, AGED ABOUT 62 YEARS, MEMBER SHIP NO.4496. 21. MANJEGWODA M.H. S/O HUCHEGOWDA, AGED ABOUT 80 YEARS, MEMBER SHIP NO.7662. 22. RUDRESHA M.M. S/O MANJUNATHA GOWDA, AGED ABOUT 48 YEARS, MEMBER SHIP NO.7833. 23. CHANDREGOWDA M.J. S/O JAVAREGOWDA, AGED ABOUT 82 YEARS, MEMBER SHIP NO.148. 24. MOHAN M.T. S/O THIMMEGOWDA, AGED ABOUT 74 YEARS, MEMBER SHIP NO.513. - 4 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 25. SOMANATHA GOWDA, S/O RAMEGOWDA, AGED ABOUT 75 YEARS, MEMBER SHIP NO.529. 26. PUTTAMMA, W/O CHANNEGOWDA, AGED ABOUT 80 YEARS, MEMBER SHIP NO.2223. 27. BASAVEGOWDA, M.G. S/O GANGEGOWDA, AGED ABOUT 63 YEARS, MEMBER SHIP NO.2580. 28. VANAJAKSHI, W/O CHANDRE GOWDA, AGED ABOUT 80 YEARS, MEMBER SHIP NO.3630. 29. LIVEN PINTO, S/O PINTO C.M. AGED ABOUT 75 YEARS, MEMBER SHIP NO.7536. 30. SURESHA A.G. S/O GOWDEGOWDA, AGED ABOUT 58 YEARS, MEMBER SHIP NO.2467. 31. VEREGOWDA, S/O GIDDEGOWDA, AGED ABOUT 74 YEARS, MEMBER SHIP NO.2481. 32. MOGAPPA GOWDA A.J. S/O JUNGEGOWDA, AGED ABOUT 69 YEARS, MEMBER SHIP NO.2959. 33. GOVINDE GOWDA, S/O SAGANEGOWDA, AGED ABOUT 78 YEARS, - 5 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 MEMBER SHIP NO.3321. 34. PARVATE GOWDA, S/O RAMEGOWDA, AGED ABOUT 76 YEARS, MEMBER SHIP NO.4405. 35. SRIDHAR A.V. S/O VENKATE GOWDA, AGED ABOUT 40 YEARS, MEMBER SHIP NO.8362. 36. TIKEGOWDA, S/O GOWDEGOWDA, AGED ABOUT 55 YEARS, MEMBER SHIP NO.8451. 37. HONNEGOWDA A.S S/O SAGANEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO. 1304. 38. DHARMEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 69 YEARS, MEMBER SHIP NO.2169. 39. SHANKAREGOWDA A.N. S/O NINGEGOWDA, AGED ABOUT 46 YEARS. MEMBER SHIP NO.3082. 40. ODEGOWDA D.L. S/O LAKKEGOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO.3212. 41. JAYAMMA, W/O KRISHNEGOWDA, AGED ABOUT 46 YEARS, MEMBER SHIP NO.4632. 42. RUDRAPPA, - 6 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 S/O NANJAPPA, AGED ABOUT 58 YEARS, MEMBER SHIP NO.6846. 43. JULEGOWDA, S/O MULLEGOWDA, AGED ABOUT 72 YEARS, MEMBER SHIP NO.768. 44. THIMMEGOWDA M.S. S/O SATTEGOWDA, AGED ABOUT 72 YEARS, MEMBER SHIP NO. 1886. 45. MOGANNA GOWDA N.M. S/O MARIGOWDA, AGED ABOUT 57 YEARS, MEMBER SHIP NO.3218. 46. RAMESHA SHETTY N.D. S/O DEGUNDASHETTY, AGED ABOUT 72 YEARS, MEMBER SHIP NO.6999. 47. LAKSHMI N.M. W/O SIDDEGOWDA, AGED ABOUT 64 YEARS, MEMBER SHIP NO.8100. 48. YOGESHA, S/O THIMMEGOWDA M.C. AGED ABOUT 40 YEARS, MEMBER SHIP NO.8196. 49. RAJAPPA GOWDA B.E. S/O EREGOWDA, AGED ABOUT 71 YEARS, MEMBER SHIP NO.3086. 50. ANANDGOWDA B.E. S/O EREGOWDA, AGED ABOUT 69 YEARS, MEMBER SHIP NO.3310. - 7 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 51. HONNEGOWDA B.K. S/O KENCHEGOWDA B.C. AGED ABOUT 68 YEARS, MEMBER SHIP NO.4401. 52. MOHAN KUMAR B.P. S/O PUTTASWAMY GOWDA B.R. AGED ABOUT 58 YEARS, MEMBER SHIP NO.8786. 53. CHANDRAMMA, W/O NINGEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO.3273. 54. ANNEGOWDA, S/O HANUMANTHEGOWDA, AGED ABOUT 70 YEARS, MEMBER SHIP NO.3697. 55. CHANDRAMMA, D/O SIDDAMMA, AGED ABOUT 65 YEARS, MEMBER SHIP NO.3769. 56. INDRAMMA, D/O SIDDAMMA, AGED ABOUT 63 YEARS, MEMBER SHIP NO.3770. 57. SAVITHRAMMA, W/O ANNEGOWDA, AGED ABOUT 54 YEARS, MEMBER SHIP NO.4479. 58. NAGARAJ S/O SOMEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO. 4612 59. PAPANNA S.K. S/O KRISHNEGOWDA, AGED ABOUT 69 YEARS, MEMBER SHIP NO.5443. - 8 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 60. RAJANNA, S/O DASEGOWDA, AGED ABOUT 48 YEARS, MEMBER SHIP NO.5559. 61. KRISHNEGOWDA, S/O SOMEGOWDA, AGED ABOUT 57 YEARS, MEMBER SHIP NO.5693. 62. GANGADHAR S/O CHANNEGOWDA AGED ABOUT 45 YEARS MEMBERSHIP NO 5910 63. AMMDGPWDA S/OSIDDEGOWDA AGED ABOUT 48 YEARS MEMBERSHIPNO 6197 64. PUTTEGOWDA S/O SOMEGOWDA AGED ABOUT 56 YEARS MEMBER SHIP NO 6308 65. SUNDRAMMA W/OTYHIMMEGOWDA AGED ABOUT 60 YEARS MEMBER SHIP NO 7993 66. DYAVEGOWDA S/O NIGEGOWDA AGED ABOUT 70 YEARS MEMBER SHIPNO 2824 67. MALLEGOWDA S/O NINGEGOWDA AGED ABOUT 66 YEARS MEMBER SHIP NO 2830 68. KUMARE GOWDA S/O NIGEGOWDA AGED ABOUT 64 YEARS - 9 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 MEMBER SHIP NO 2836 69. NARAYAN GOWDA K P S/O PUTTASOWMYGOWDA AGED ABOUT 63 YEARS MEMBER SHIP NO 3085 70. KALLEGOWDA S/O UDDEGOWDA AGED ABOUT 72 YEARS MEMBER SHIP NO 3930 71. JUNGEGOWDA S/O RAMEGOWDA AGE ABOUT 78 YEARS MEMBER SHIPNO 3975 72. KRISHNEGOWDA S/O CHNNEGOWDA AGED ABOUT 76 YEARS MEMBER SHIP NO 3977 73. GIDDEGOWDA, S/O RAMEGOWDA, AGED ABOUT 63 YEARS, MEMBER SHIP NO.3985. 74. SUSHELAMMA, W/O KAGGEGOWDA, AGED ABOUT 68 YEARS, MEMBER SHIP NO.5102. 75. PARVATEGOWDA K.H. S/O HUCHEGOWDA, AGED ABOUT 64 YEARS, MEMBER SHIP NO.5444. 76. MOGANNA GOWDA M.N. S/O NINGEGOWDA, AGED ABOUT 72 YEARS, MEMBER SHIP NO.295. 77. DHANAJAY J.B. S/O BILIYAPPA, - 10 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 AGED ABOUT 72 YEARS, MEMBER SHIP NO.3858. 78. ABDUL HAMED, S/O SAHIK AHAMED, AGED ABOUT 71 YEARS, MEMBER SHIP NO.4989. 79. BYREGOWDA G.H. S/O HUCHEGWODA, AGED ABOUT 78 YEARS, MEMBER SHIP NO. 1243. 80. RAMACHANDRA G.B. S/O VENKATEGOWDA, AGED ABOUT 44 YEARS, MEMBER SHIP NO.2350. 81. PUTTASWAMY GOWDA A.P. S/O PUTTEGOWDA, AGED ABOUT 73 YEARS, MEMBER SHIP NO.2629. 82. RAJASHEKHAR S.H. S/O HALAPPA SHETTY, AGED ABOUT 78 YEARS, MEMBER SHIP NO.3194. 83. MOHAN KUMAR J.B. S/O BILIYAPPA, AGED ABOUT 63 YEARS, MEMBER SHIP NO.3621. 84. THIMMEGOWDA K.R. S/O RAMEGWODA, AGED ABOUT 75 YEARS, MEMBER SHIP NO.4267. 85. HEMANTH CHANDRA, S/O CHANDRAPPA SHETTY, AGED ABOUT 54 YEARS, MEMBER SHIP NO.5145. - 11 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 86. SHARATH CHANDRA, S/O CHANDRAPPA SHETTY, AGED ABOUT 57 YEARS, MEMBER SHIP NO.5147. 87. ALTAF AHAMED M, S/O MEER MOHIUDDIN, AGED ABOUT 63 YEARS, MEMBER SHIP NO.5538. 88. NAGMA AFROZ, S/O ALATAF AHAMED M, AGED ABOUT 53 YEARS, MEMBER SHIP NO.5539. 89. RAMEGOWDA G.S. S/O SOMEGOWDA, AGED ABOUT 71 YEARS, MEMBER SHIP NO.6291. 90. DODDEGOWDA, S/O THIMMEGOWDA, AGED ABOUT 80 YEARS, MEMBER SHIP NO.6658. 91. GIRIJA H.S. W/O GIDDEGOWDA S.M. AGED ABOUT 62 YEARS, MEMBER SHIP NO.8125. 92. PUTTASWAMY GOWDA M E S/O EREGOWDA, AGED ABOUT 60 YEARS, MEMBER SHIP NO.3171. 93. SHIVEGOWDA D.H. S/O AVALEGOWDA, AGED ABOUT 82 YEARS, MEMBER SHIP NO.1174. 94. KALEGOWDA D.E. S/O EREGOWDA, AGED ABOUT 70 YEARS, - 12 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 MEMBER SHIP NO. 1348. 95. SHRUTHI A S W/O UDAY KUMAR AGED ABOUT 45 YEARS MEMBER SHIP NO 6218 96. UDAY KUMAR M M S/O MANCHEGOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO 7805 97. RUDREGOWDA A B S/O BHADRE GOWDA AGED BOUT 75 YEARS MEMBERSHIP NO 4625 98. KRISHNEGOWDA S/O MANJEGOWDA AGED ABOUT 85 YEARS MEMBER SHIP NO 2264 99. NANJEGOWDA A R S/O RAMEGOWDA AGED ABOUT 75 YEARS MEMBER SHIP NO 365 100. THIMMEGOWDA A B S/O BHADRE GOWDA AGED ABOUT 70 YEARS MEMBER SHIP NO 2364 101. KAGGEGOWDA A J S/O JAVAREGOWDA AGED ABOUT 80 YEARS MEMBER SHIP NO.3976 102. MALLEGOWDA A M S/O MOGANNA GOWDA AGED ABOUT 55 YEARS MEMBER SHIP NO 4086 103. CHANNEGOWDA S/O CHANNEGOWDA - 13 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 AGED ABOUT 75 YEARS MEMBER SHIP NO 3145 104. MUDDEGOWDA S/O HUCHEGOWDA AGED ABOUT 65 YEARS MEMBER SHIP NO 4389 105. NARYANA GOWDA K S/O KENCHE GOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO 4494 106. BILIYAPPA GOWDA S/O RAMEGOWDA AGED ABOUT 58 YEARS MEMBER SHIP NO 8960 107. GIRIGOWDA A B S/O BYREGOWDA AGED ABOUT 75 YEARS MEMBER SHIP NO 3973 108. GOVINDEGOWDA A T S/O THIMMEGOWDA AGED ABOUT 68 YEARS MEMBER SHIP NO 3481 109. YUVARAJE GOWDA A B S/O BYREGOWDA AGED BOUT 64 YEARS MEMBER SHIP NO 6754 110. GIDDEGOWDA B M S/O MANCHEGOWDA AGED ABOUT 85 YEARS MEMBER SHIP NO 803. 111. NAGARAJ S/O LAKSHME GOWDA AGED ABOUT 58 YEARS MEMBERSHIP NO 7792 - 14 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 112. HOVAMMA W/O NIRVANAGOWDA AGED ABOUT 70 YEARS MEMBERSHIP NO 4457 113. SHIVEGOWDA S/O CHIKKEGOWDA AGED ABOUT 60 YEARS MEMBER SHIP NO 5455 114. THAMANNA GOWDA S/O GIDDEGOWDA AGED ABOUT 75 YEARS MEMBER SHIP NO 3735 ALL ARE THE MEMBERS OF BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICT-573123 (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. A.S. GIRISH, ADVOCATE (AB)) 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, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, MYSORE ZONE, PUBLIC OFFICES BUILDING, NEW SYYAGIRAO ROAD, MYSORE - 570 024. - 15 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, HASSAN DISTRICT - 573 201. 5. BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR HASSAN DISTRICT-573123. BY ITS MANAGER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 6. RETURNING OFFICER, BELUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., BELUR, HASSAN DISTRICTRICT-573123. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, R3, R4 & R6 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST, WHO ARE NOW IN THE INELIGIBLE VOTERS LIST OF GENDEHALLI BORROWER CONSTITUENCY AS PER ANNEXURE-A DTD 18.09.2025 AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULE TO BE HELD ON 05.10.2025. 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 - 16 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 of 2025 ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent Nos.2 to 6 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 05.10.2025 for respondent No.5 - Society. 2. Heard learned Additional Government Advocate for respondent Nos.1, 3, 4 and 6. Learned counsel for the petitioners is absent. No representation. 3. Learned Additional Government Advocate submits that, as per the interim order dated 25.09.2025, the petitioners were permitted to cast their votes in the election that is already held directing respondent No.6 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'). - 17 - HC-KAR NC: 2025:KHC:53343 WP No. 29441 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.6 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 List No.: 1 Sl No.: 5