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2025 DAILYLAW 92220 (KAR)

ATHMANANDA v. THE STATE OF KARNATAKA

WP/24076/2025 · 2025-09-11

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24076 OF 2025 (CS-EL/M) BETWEEN: 1. ATHMANANDA S/O KARIGAMANA SIDDEGOWDA, AGED ABOUT 44 YEARS, SHARE NO. 124/2 2. CHOWDEGOWDA S/O PIRUMALE ERREGOWDA, AGED ABOUT 82 YEARS, SHARE NO. 40/1 3. GOWRAMMA W/O M S KRISHNAPPA, AGED ABOUT 58 YEARS, SHARE NO. 88/1 4. VIJAYKUMAR S/O MARISIDDEGOWDA, AGED ABOUT 51 YEARS, SHARE NO. 101/1 5. DIVAKARA S/O CHIKKAMANCHEGOWDA, AGED ABOUT 61 YEARS, SHARE NO. 120/1 6. CHANDRAMMA W/O HARISIDDAIAH, AGED ABOUT 48 YEARS, SHARE NO. 155/1 7. LATHA W/O SHIVARAMU, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 AGED ABOUT 54 YEARS, SHARE NO. 167/1 8. M E MOHANKUMAR S/O LAWYARRA ERRAIAH, AGED ABOUT 48 YEARS, SHARE NO. 32/3 9. SWAMI S/O VARADACHARI, AGED ABOUT 57 YEARS, SHARE NO. 44/2 10. M C RAVI S/O CHIKKANNEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 45/2 11. M S CHANDANA W/O SHIVALINGEGOWDA, AGED ABOUT 41 YEARS, SHARE NO. 51/2 12. M N PUTTAMMA W/O S K SIDDAPPA, AGED ABOUT 46 YEARS, SHARE NO. 52/2 13. CHIKKASWAMY S/O CHIKKANNEGOWDA, AGED ABOUT 51 YEARS, SHARE NO. 54/2 14. RUDRAMMA W/O GADI PUTTASAMACHARI, AGED ABOUT 65 YEARS, SHARE NO. 60/2 15. M J KRISHNA S/O ERREGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 66/2 16. S RAVINDRA S/O SIDDEGOWDA, - 3 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 AGED ABOUT 64 YEARS, SHARE NO. 76/2 17. SHIVANNA S/O KARIMACHNA CHOWDEGOWDA, AGED ABOUT 58 YEARS, SHARE NO. 85/2 18. SIDDEGOWDA S/O HUCHISIDNA CHOWDEGOWDA, AGED ABOUT 56 YEARS, SHARE NO. 95/2 19. S HARISIDDAIAH S/O M S SIDDAIAH, AGED ABOUT 69 YEARS, SHARE NO. 99/2 20. CHOWDEGOWDA S/O JUNJANA ERRAIAH, AGED ABOUT 57 YEARS, SHARE NO. 105/2 21. DEVIRAMA W/O M S SHIVANNA, AGED ABOUT 56 YEARS, SHARE NO. 108/2 22. K SIDDARAJU S/O MOLLEGOWDNA KENGEGOWDA, AGED ABOUT 48 YEARS, SHARE NO. 116/2 23. THAMMAIAH S/O MOLLEGOWDNA KENGEGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 117/2 24. SHIVANNA S/O MOLLEGOWDNA KENGEGOWDA, AGED ABOUT 58 YEARS, SHARE NO. 118/2 25. NANDHINI W/O M K SHANKARA, - 4 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 AGED ABOUT 45 YEARS, SHARE NO. 120/2 26. M K SHANKARA S/O DODDAKATTA SHETTY, AGED ABOUT 53 YEARS, SHARE NO. 121/2 27. M C YOGESH S/O PARIMALA CHIKANNEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 125/2 28. H P PRASANA S/O HONNEGOWDA, AGED ABOUT 33 YEARS, SHARE NO. 129/2 29. LAKSHMI W/O CHOWDEGOWDA, AGED ABOUT 44 YEARS, SHARE NO. 130/2 30. CHOWDEGOWDA S/O PARIMELA CHIKKANNEGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 131/2 31. M C MARISWAMY S/O CHIKSIDDAIAH, AGED ABOUT 47 YEARS, SHARE NO. 137/2 32. M E SUNIL KUMAR S/O ERREGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 148/2 33. M V SEENA S/O VENKATAIAH, AGED ABOUT 46 YEARS, SHARE NO. 158/2 - 5 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 34. M S RAMESH S/O SIDDEGOWDA @ CHIKKONU, AGED ABOUT 48 YEARS, SHARE NO. 163/2 35. M S RAMESH S/O KERAGAMANA SIDDEGOWDA, AGED ABOUT 52 YEARS, SHARE NO. 175/2 36. SIDDAPPA S/O DEVEGOWDA @ KUNDAPPA, AGED ABOUT 49 YEARS, SHARE NO. 179/2 37. B S SUGUNNA W/O T PUTTASWAMY, AGED ABOUT 45 YEARS, SHARE NO. 182/2 38. RATHNAMMA W/O HUCHISIDDNA RAJU, AGED ABOUT 48 YEARS, SHARE NO. 183/2 39. M C SHIVAKUMAR S/O CHIKKAMARIGOWDA, AGED ABOUT 36 YEARS, SHARE NO. 189/2 40. BILLIGOWDA S/O KUNDA KADEGOWDNA KADEGOWDA, AGED ABOUT 57 YEARS, SHARE NO. 192/2 41. N R BHAGYAMMA W/O M D CHOWDEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 195/2 42. A C SHRUTHI W/O M RAMESH, AGED ABOUT 41 YEARS, SHARE NO. 197/2 - 6 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 43. MARIDEVAMMA W/O M P MARIGOWDA, AGED ABOUT 68 YEARS, SHARE NO. 13/3 44. SHAILAJA W/O M K SHANKARA, AGED ABOUT 45 YEARS, SHARE NO. 16/3 45. M R KRISHNA S/O RAMEGOWDA, AGED ABOUT 58 YEARS, SHARE NO. 17/3 46. CHIKKAMARIGOWDA S/O RAMEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 19/3 47. MANCHAMMA W/O M R KRISHNA, AGED ABOUT 50 YEARS, SHARE NO. 18/3 48. M R HONNEGOWDA S/O RAMEGOWDA, AGED ABOUT 44 YEARS, SHARE NO. 20/3 49. M K RAMESH S/O KEMPEGOWDA GUNGAIAH, AGED ABOUT 48 YEARS, SHARE NO. 21/3 50. SANTHOSH KUMAR S/O S SIDDEGOWDA, AGED ABOUT 52 YEARS, SHARE NO. 30/3 51. KULLEGOWDA S/O CHIKKAIDEGOWDA, AGED ABOUT 59 YEARS, SHARE NO. 31/3 - 7 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 52. PAVITHRA W/O M K SHIVALINGAIAH, AGED ABOUT 43 YEARS, SHARE NO. 34/3 53. KEMPAJAMMA W/O VENKATESH, AGED ABOUT 55 YEARS, SHARE NO. 37/3 54. SOMA M R W/O RAJEGOWDA, AGED ABOUT 37 YEARS, SHARE NO. 43/3 55. E PRAKASH S/O ESHWARACHARI, AGED ABOUT 52 YEARS, SHARE NO. 44/3 56. KUMARA S/O CHIKKACHOWDEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 47/3 57. M K SHIVARAJU S/O KONDEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 48/3 58. NAGAMMA W/O M C KUMARA, AGED ABOUT 38 YEARS, SHARE NO. 49/3 59. M N SANTHOSH S/O NINGAIAH, AGED ABOUT 42 YEARS, SHARE NO. 51/3 60. A B GAYATHRI W/O M S KADDEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 55/3 - 8 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 61. K M SOWMYA W/O M S SHIVANNA, AGED ABOUT 34 YEARS, SHARE NO. 56/3 62. MAMATHA W/O HANUMANTHEGOWDA, AGED ABOUT 44 YEARS, SHARE NO. 57/3 63. BHAGYA W/O SHASHIKUMAR, AGED ABOUT 42 YEARS, SHARE NO. 58/3 64. S M SHAILAJA W/O SIDDARAMA, AGED ABOUT 48 YEARS, SHARE NO. 60/3 65. VENKATESH S/O THIMMA SHETTY, AGED ABOUT 53 YEARS, SHARE NO. 61/3 66. RAJAMMA W/O VENKATESH, AGED ABOUT 41 YEARS, SHARE NO. 62/3 67. CHIKKATHAMMAIAH S/O DODDAMARIGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 67/3 68. M D NANDISH S/O DESIGOWDA, AGED ABOUT 34 YEARS, SHARE NO. 71/3 69. RATHNA W/O KRISHNA, AGED ABOUT 40 YEARS, SHARE NO. 72/3 - 9 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 70. BHAGYAMMA W/O HANUMANTEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 75/3 71. M S SIDDAIAH S/O SIDDEGOWDA @ KUNDEGOWDA, AGED ABOUT 63 YEARS, SHARE NO. 76/3 72. LAKSHMI W/O SIDDARAMU, AGED ABOUT 46 YEARS, SHARE NO. 78/3 73. SIDDEGOWDA S/O CHOWDEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 85/3 74. N POORNIMA W/O SIDDEGOWDA, AGED ABOUT 34 YEARS, SHARE NO. 86/3 75. NAGAMMA W/O MUNIREGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 87/3 76. MANGALAMMA W/O ERREGOWDA AGED ABOUT 55 YEARS, SHARE NO. 92/3 77. DEVEGOWDA S/O GOMALE SIDDEGOWDA, AGED ABOUT 54 YEARS, SHARE NO. 93/3 78. P RENUKA W/O M K NAGARAJ, AGED ABOUT 55 YEARS, SHARE NO. 94/3 - 10 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 79. NEELAMMA W/O M D ERREGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 100/3 80. M K ABHISHEK GOWDA S/O M K KALLAIAH, AGED ABOUT 38 YEARS, SHARE NO. 105/3 81. DODDA THAMMAIAH S/O BETTAIAH, AGED ABOUT 64 YEARS, SHARE NO. 110/3 82. SHAKARA S/O PAPEGOWDA @ NINGEGOWDA, AGED ABOUT 51 YEARS, SHARE NO. 113/3 83. CHIKTHAMMAIAH W/O PUTTASWAMY, AGED ABOUT 42 YEARS, SHARE NO. 118/3 84. SATHISH S/O CHIKMARIGOWDA, AGED ABOUT 51 YEARS, SHARE NO. 119/3 85. H N SAVITHA W/O DESIGOWDA, AGED ABOUT 39 YEARS, SHARE NO. 125/3 86. P S PUSHPALATHA W/O M H SHIVARAMU, AGED ABOUT 39 YEARS, SHARE NO. 127/3 87. PADMAMMA W/O PUTTASWAMY, AGED ABOUT 54 YEARS, SHARE NO. 129/3 - 11 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 88. PADMAMMA W/O PUTTAMI THAMMANNA, AGED ABOUT 53 YEARS, SHARE NO. 131/3 89. SAVITHRAMMA W/O SIDDEGOWDA, AGED ABOUT 57 YEARS, SHARE NO. 132/3 90. M C RAVI S/O CHOWDEGOWDA, AGED ABOUT 36 YEARS, SHARE NO. 133/3 91. M C CHANDRASHEKARA S/O CHANNEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 134/3 92. M S SHOBHA W/O M C CHANDRASHEKAR, AGED ABOUT 32 YEARS, SHARE NO. 135/3 93. M C KRISHNA S/O CHOWDEGOWDA, AGED ABOUT 39 YEARS, SHARE NO. 136/3 94. SHIVAMMA W/O M C SURESH, AGED ABOUT 39 YEARS, SHARE NO. 137/3 95. M C SURESHA S/O HUCHAPPA CHOWDEGOWDA, AGED ABOUT 49 YEARS, SHARE NO. 138/3 96. JAYAMMA W/O CHOWDEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 141/3 - 12 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 97. M D BAPUJI S/O DODDASIDDEGOWDA, AGED ABOUT 58 YEARS, SHARE NO. 144/3 98. M S PAVAN KUMAR S/O M D SHIVANNA, AGED ABOUT 37 YEARS, SHARE NO. 146/3 99. SANDHYA W/O SHIVKUMAR, AGED ABOUT 34 YEARS, SHARE NO. 147/3 100. M P MANU S/O PUTTARAMU, AGED ABOUT 42 YEARS, SHARE NO. 155/3 101. GOWRAMMA W/O SIDDARAJU, AGED ABOUT 54 YEARS, SHARE NO. 156/3 102. PUTTASWAMY S/O HANUMANTHEGOWDA, AGED ABOUT 48 YEARS, SHARE NO. 158/3 103. JAYAMMA W/O JOGISIDDAIAH, AGED ABOUT 55 YEARS, SHARE NO. 159/3 104. PUTTA THAYAMMA W/O ESHWARACHARI, AGED ABOUT 80 YEARS, SHARE NO. 161/3 105. LAKSHMAMMA W/O MAREGOWDA, AGED ABOUT 61 YEARS, SHARE NO. 162/3 - 13 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 106. M T DINESH S/O THAMANNA, AGED ABOUT 35 YEARS, SHARE NO. 172/3 107. JAYSHEELA W/O SOMESHEKARA, AGED ABOUT 46 YEARS, SHARE NO. 173/3 108. M D PRASANA S/O DEVEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 174/3 109. M D PRAKASH S/O DEVEGOWDA, AGED ABOUT 38 YEARS, SHARE NO. 176/3 110. M J PRAMOD KUMAR S/O D JAYRAM, AGED ABOUT 40 YEARS, SHARE NO. 177/3 111. CHOWDAMMA W/O M K MARIGOWDA, AGED ABOUT 58 YEARS, SHARE NO. 179/3 112. M SANTHOSH KUMAR S/O M K MARIGOWDA, AGED ABOUT 33 YEARS, SHARE NO. 180/3 113. PRAKASH S/O CHOWDEGOWDA @ MOOGAPPA, AGED ABOUT 36 YEARS, SHARE NO. 182/3 114. SHAILAJA W/O M C KRISHNA, AGED ABOUT 32 YEARS, SHARE NO. 24/3 - 14 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 115. M S ASHA W/O MARISWAMY, AGED ABOUT 43 YEARS, SHARE NO. 25/3 116. CHANAMMA W/O SIDDEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 26/3 117. M S SATHISH S/O SIDDEGOWDA, AGED ABOUT 43 YEARS, SHARE NO. 27/3 118. K B NANDINI W/O M S SATHISH, AGED ABOUT 37 YEARS, SHARE NO. 28/3 119. S MARISWAMY S/O SIDDEGOWDA, AGED ABOUT 49 YEARS, SHARE NO. 28/2 120. SIDDARAMU S/O DEVEGOWDA @ MARIGOWDA, AGED ABOUT 52 YEARS, SHARE NO. 98/2 121. DEVEGOWDA S/O MOLLEGOWDNA KENGEGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 115/2 122. C B BHAGYALAKSHMI W/O M S CHANDRASHEKAR, AGED ABOUT 45 YEARS, SHARE NO. 134/2 123. S M SOWJANYA W/O M S RAMESH, AGED ABOUT 39 YEARS, SHARE NO. 198/2 - 15 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 124. M C KRISHNA S/O CHOWDEGOWDA @ SIDDEGOWDA, AGED ABOUT 30 YEARS, SHARE NO. 6/3 125. JAYAMMA W/O KALLEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 33/3 126. S B SUKANYA W/O M N MARISWAMY, AGED ABOUT 48 YEARS, SHARE NO. 50/3 127. A N MARISWAMY S/O NINGEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 103/3 PETITIONERS NO.1 TO 127 ALL ARE R/AT MADARAHALLI, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA-571422 128. S. RAVI (GUNDAPPA) S/O ERREGOWDA, AGED ABOUT 32 YEARS, SHARE NO.86/7 129. S SIDDEGOWDA S/O CHOWDEGOWDA @ MINAKEGOWDA, AGED ABOUT 45 YEARS, SHARE NO.43/7 130. S C SIDDARAJU S/O CHOWDEGOWDA @ MINAKEGOWDA, AGED ABOUT 44 YEARS, SHARE NO.59/7 131. MANJULA W/O MARISWAMY, AGED ABOUT 50 YEARS, SHARE NO.60/7 - 16 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 132. S C SHANKAREGOWDA S/O CHOWDEGOWDA, AGED ABOUT 39 YEARS, SHARE NO.63/7 133. SUJATHA W/O SURESH RAJEARASU, AGED ABOUT 39 YEARS, SHARE NO.71/7 134. SURESH S/O LATE RAJEGOWDA, AGED ABOUT 38 YEARS, SHARE NO.79/7 135. MAHADEVAMMA W/O LATE JAYARAMU, AGED ABOUT 52 YEARS, SHARE NO.83/7 136. N. SHIVANANJAPPA S/O NANJUNDAPPA, AGED ABOUT 50 YEARS, SHARE NO.90/7 137. CHANNACHARI S/O GUNGRACHARI, AGED ABOUT 52 YEARS, SHARE NO.92/7 138. MANCHAMMA W/O CHANNACHARI, AGED ABOUT 52 YEARS, SHARE NO.93/7 139. K. JAGADISH S/O KEMPEGOWDA, AGED ABOUT 41 YEARS, SHARE NO.112/7 PETITIONERS NO.128 TO 139 ALL ARE R/AT SINGATAGERE, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA-571422 - 17 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 140. K.M. CHANNEGOWDA S/O CHIKKEGOWDA, AGED ABOUT 41 YEARS, SHARE NO. 48/8 141. KAMALAMMA W/O CHANNABASAVEGOWDA, AGED ABOUT 52 YEARS, SHARE NO.50/8 142. K CHANNEGOWDA S/O KARICHANNEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.54/8 143. REVANNA S/O KARICHANNEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.62/8 144. K KALEGOWDA S/O KARIGOWDA, AGED ABOUT 48 YEARS, SHARE NO.66/8 PETITIONERS NO.140 TO 144 ALL ARE R/AT KOLAKARANA DODDI, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA-571422 145. B. BHOMMAIAH S/O KALICHENCHANA BHOMMEGOWDA, AGED ABOUT 68 YEARS, SHARE NO. 29/5 146. A M SHIVAMADEGOWDA S/O MARAGULI MANCHEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 37/5 147. J. BOMMEGOWDA S/O JAVAREGOWDA, AGED ABOUT 59 YEARS, SHARE NO. 97/5 - 18 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 148. B PUTTASWAMY S/O KALIKECHANNA BOMMEGOWDA, AGED ABOUT 59 YEARS, SHARE NO. 109/5 149. PUTTATHAYAMMA W/O DEVEGOWDA, AGED ABOUT 54 YEARS, SHARE NO. 113/5 150. K CHANDRA S/O KALEGOWDA, AGED ABOUT 53 YEARS, SHARE NO. 121/5 151. SWAMY S/O BOMMAIAH, AGED ABOUIT 50 YEARS, SHARE NO. 130/5 152. SOWBHAGYAMMA W/O A G NAGAPPA, AGED ABOUT 60 YEARS, SHARE NO. 131/5 153. A G KRISHNA S/O GUGLIGOWDA, AGED ABOUT 54 YEARS, SHARE NO. 134/5 154. M KRISHNA S/O MADEGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 140/5 155. C CHANNAPPA S/O CHANNAIAH, AGED ABOUT 55 YEARS, SHARE NO. 148/5 156. CHOWDEGOWDA S/O KOTIBOMMEGOWDA, AGED ABOUT 53 YEARS, SHARE NO. 150/5 - 19 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 157. SHASHIKALA W/O SHIVAKUMAR, AGED ABOUT 54 YEARS, SHARE NO. 153/5 158. A B YOGESH S/O CHIKKABOMMAIAH, AGED ABOUT 41 YEARS, SHARE NO. 1/6 159. MAMATHA W/O PUTTASWAMY, AGED ABOUT 41 YEARS, SHARE NO. 14/6 160. A S PRASHANTH S/O SHIVAMADU, AGED ABOUT 42 YEARS, SHARE NO. 16/6 161. G NAGESH S/O GOLIGOWDA, AGED ABOUT 46 YEARS, SHARE NO. 18/6 162. H S NANDISH S/O SIDDAPPA, AGED ABOUT 42 YEARS, SHARE NO. 40/6 163. SHASHI W/O BOMMEGOWDA, AGED ABOUT 42 YEARS, SHARE NO. 41/6 164. SHIVANNA S/O DEVEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 48/6 165. SUSHILAMMA W/O K PUTTASWAMY, AGED ABOUT 55 YEARS, SHARE NO. 49/6 - 20 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 166. LOKESH S/O RUDRAPPA, AGED ABOUT 45 YEARS, SHARE NO. 56/6 167. A S ANIL KUMAR S/O SHIVANNA, AGED ABOUT 39 YEARS, SHARE NO. 65/6 168. A S MANOHARA S/O SHIVAKUMAR, AGED ABOUT 36 YEARS, SHARE NO. 68/6 169. A S MADHUSUDAN S/O SHIVAKUMAR, AGED ABOUT 38 YEARS, SHARE NO. 31/6 170. A S GURUPRASAD S/O J SATHISH, AGED ABOUT 28 YEARS, SHARE NO. 83/6 171. GOWRAMMA W/O PUTTASWAMY, AGED ABOUT 55 YEARS, SHARE NO. 84/6 172. C N RANJITHA W/O NANDISH, AGED ABOUT 35 YEARS, SHARE NO. 91/6 173. SAVITHA W/O GOWRISH, AGED ABOUT 34 YEARS, SHARE NO. 93/6 174. MANUSHREE W/O RAJU, AGED ABOUT 34 YEARS, SHARE NO. 96/6 - 21 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 175. A N SANJEEV S/O D NAGAPPA, AGED ABOUT 39 YEARS, SHARE NO. 103/6 176. A R BOMMESHA S/O RAJANNA, AGED ABOUT 32 YEARS, SHARE NO. 109/6 177. A S PUTTEGOWDA S/O A M SHIVAMADEGOWDA, AGED ABOUT 29 YEARS, SHARE NO. 113/6 178. UMA W/O SHIVALINGAIAH, AGED ABOUT 45 YEARS, SHARE NO. 114/6 179. ASHARANI W/O RAJENDRA, AGED ABOUT 35 YEARS, SHARE NO. 123/6 180. A S KIRAN S/O J SATHISH, AGED ABOUT 24 YEARS, SHARE NO. 126/6 181. VARUN K S/O C KRISHNA, AGED ABOUT 28 YEARS, SHARE NO. 128/6 182. NINGAMMA W/O RAMESH, AGED ABOUT 54 YEARS, SHARE NO. 135/6 183. ANAND A R S/O RAMESH, AGED ABOUT 28 YEARS, SHARE NO: 136/6 - 22 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 184. JAYAMMA W/O B BOMMAIAH, AGED ABOUT 62 YEARS, SHARE NO. 30/6 185. SHIVAKUMAR S/O KALEGOWDA, AGED ABOUT 48 YEARS, SHARE NO. 161/5 PETITIONERS NO.141 TO 185 ALL ARE R/AT AMBARAHALLI, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA-571422 …PETITIONERS (BY SRI. PRASHANTH M.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU-560001 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMCC, A BLOCK, SHANTHINAGAR, K H ROAD, BENGALURU-560027 BY ITS COMMISSIONER 3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES/ DISTRICT ELECTION OFFICER (ICDP) MANDYA DISTRICT, MANDYA-571401. 4. THE RETURNING OFFICER MADARAHALLI PRATAMIKA KRUSHI PATINA SAHAKARA SANGHA NIYAMITHA, C.A. KERE HOBLI, MADDURU TALUK, MANDYA DISTRICT-571422 - 23 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 5. THE MADARAHALLI PRATAMIKA KRUSHI PATINA SAHAKARA SANGHA NIYAMITHA C.A. KERE HOBLI, MADDURU TALUK, MANDYA DISTRICT-571422 REPRESENTED BY ITS INCHARGE CHIEF EXECUTIVE OFFICER REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. HARISHA A.S. ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. RAGHURAM H.R. ADVOCATE FOR RESPONDENT NO.5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AS PER ANNEXURE-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO THE RESPONDENT NO.5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.08.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 24 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondents to include their names in the Final eligible voters list and to permit them to participate and vote in the elections to the respondent No.5 -Society scheduled on 10.08.2025. 2. The petitioners contend that they are all members of respondent No.5. They contend that their names were wrongly included in the list of ineligible voters without following the due process as contemplated under Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'the Rules, 1960' for short). Therefore, they pray that a direction be issued to the respondents to include their names in the list of eligible voters. 3. The learned counsel for the petitioners reiterated the above contentions and submitted that the procedure as prescribed under Rule 13-D of the Rules, 1960 is not complied and therefore, a direction deserves to be issued to the respondent No.5 to include the names of the petitioners in the - 25 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 final eligible voters’ list. He further contends that this Court had granted an interim order dated 07.08.2025 permitting the petitioners to cast their votes in the election to the Managing Committee of respondent No.5 which was held on 10.08.2025. He, therefore, prays that a suitable direction be issued to the respondent No.4 / Returning Officer to count the votes cast by the petitioners and declare the results of the election. 4. The learned Additional Government Advocate for respondent Nos.1, 3 and 4 submits that the issue is no longer res integra in view of the judgment of a coordinate bench of this Court in the case of H.S.Raju v. State of Karnataka and others [2022 (4) AKR 775]. 5. The question whether the petitioners were improperly shown in the list of ineligible voters, cannot be gone into by this Court in proceedings under Article 226 of the Constitution of India. The grievance, if any, of the petitioners has to be worked out before the appropriate Authority, as preparation of voters list under Rule 13-D of the Rules, 1960 is an integral part of the election process and any dispute regarding such preparation would invariably be a dispute under - 26 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'the Act, 1959' for short) and the Authority constituted under Section 70 of the Act, 1959 can alone decide the question regarding the validity of the electoral rolls prepared under the Rules, 1960. 6. Now that the petitioners are permitted to cast their votes at the elections that were held on 10.08.2025, the petition deserves to be disposed off on similar terms as in the case of H.S.Raju (supra). Accordingly, this Writ Petition is disposed off on the following terms: (i) The respondent No.4 - Returning officer shall keep the votes cast by the petitioners at the elections held on 10.08.2025 to the Committee of Management of respondent No.5-Society, separately; (ii) The petitioners are permitted to raise a dispute before the appropriate Authority under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959 within one month from the date of receipt of a copy of this order; - 27 - HC-KAR NC: 2025:KHC:36147 WP No. 24076 of 2025 (iii) If a dispute is raised, the concerned Authority shall examine the dispute within three months thereafter and determine the eligibility or ineligibility of the petitioners to vote at the elections to the Managing Committee of respondent No.5 – Society; and (iv) It is made clear that this Court has not expressed any opinion on the merits of the case or regarding the ineligible list of voters published by the respondent No.5-Society. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 7