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2026 DAILYLAW 635 (KAR)

RAMAKRISHNAPPA v. THE STATE OF KARNATAKA

WP/5830/2026 · 2026-02-20

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5830 OF 2026 (CS-EL/M) BETWEEN: 1. RAMAKRISHNAPPA S/O RANGADYAMANNA, AGED ABOUT 60 YEARS, SHARE NO: 00101001063 2. SHASHIDHAR B. T S/O THIPPESWAMY, AGED ABOUT 45 YEARS, SHARE NO: 00101000066 3. THIMMANNA S/O GOVINDAPPA, AGED ABOUT 68 YEARS, SHARE NO: 00101000085 4. MALLIKARJUNA S/O LATE SOMANATH, AGED ABOUT 38 YEARS, SHARE NO: 00501000352. 5. MANJUNATH S/O SOOGURAРРА, AGED ABOUT 33 YEARS, SHARE NO: 00101000355 6. RATHNAMMA W/O KUMARASWAMY, AGED ABOUT 46 YEARS, SHARE NO: 00501000353 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 7. MANJUNATH K. S. S/O KUMARASWAMY, AGED ABOUT 52 YEARS, SHARE NO: 00501000354 8. KUMARASWAMY S/O SIDDARAMANNA, AGED ABOUT 70 YEARS, SHARE NO: 00501000355 9. RAGHAVENDRA S/O HALAPPA, AGED ABOUT 45 YEARS, SHARE NO: 00301000438 10. RATHNAMMA D/O SOGURAPPA, AGED ABOUT 58 YEARS, SHARE NO: 00701000445 11. SUJATHA W/O ARUNKUMAR, AGED ABOUT 49 YEARS, SHARE NO: 00701000446 12. ROOPA W/O MANJUNATH, AGED ABOUT 35 YEARS, SHARE NO: 00701000447 13. UMA W/O RAMESH S. P, AGED ABOUT 29 YEARS, SHARE NO: 00101000539 14. MANJESH S/O THIMMANNA, AGED ABOUT 28 YEARS, SHARE NO: 00501000669 - 3 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 15. DAYANANDA S/O SOMANNA, AGED ABOUT 43 YEARS, SHARE NO: 00101000665 16. KAVITHA W/O LOKESH, AGED ABOUT 29 YEARS, SHARE NO: 00301000752 17. DAKSHAYANI W/O RAMANJANEYA, AGED ABOUT 37 YEARS, SHARE NO: 00301000772 18. RAMANJANEYA S/O SREERAMULU, AGED ABOUT 39 YEARS, SHARE NO: 00301000773 19. ROHINI W/O ARUNKUMAR, AGED ABOUT 41 YEARS, SHARE NO: 00101000893 20. ARUN KUMAR S/O SOMKUMAR, AGED ABOUT 50 YEARS, SHARE NO: 00101000899 21. SURESH S/O THIPPESWAMY, AGED ABOUT 45 YEARS, SHARE NO: 00101000909 22. KRISHNAMURTHY S/O HOSURAPPA, AGED ABOUT 48 YEARS, SHARE NO: 00101003339 - 4 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 23. C. THIPPAMMA W/O SIDDAIAH, AGED ABOUT 35 YEARS, SHARE NO: 00101001225 24. PADMAGANGA W/O RAJASHEKARA REDDY, AGED ABOUT 39 YEARS, SHARE NO: 00101002480, 25. MOHAN KUMAR S/O RAMALINGAPPA, AGED ABOUT 40 YEARS, SHARE NO: 00101000906 26. LAKSHMAMMA W/O RAJASHEKARA, AGED ABOUT 55 YEARS, SHARE NO: 00301000223 27. LAKSHMI W/O LATE MYLARAPPA, AGED ABOUT 26 YEARS, SHARE NO: 00101000632 28. P. G. SREEHARI S/O GIRIYAPPA, AGED ABOUT 60 YEARS, SHARE NO: 00101001545 29. S. L. AMBIKA W/O P. G. SRECHARI, AGED ABOUT 51 YEARS, SHARE NO: 00101001546 30. GIRIJAMMA W/O GIRIYAPPA, AGED ABOUT 75 YEARS, SHARE NO: 00101001547 - 5 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 31. LAKSHMIDEVI V. P W/O JAYAPRASANNA KUMAR, AGED ABOUT 40 YEARS, SHARE NO: 00101003178 32. PRAKASH R S/O RAMALINGAPPA, AGED ABOUT 51 YEARS, SHARE NO: 00101000905 33. MOHAN KUMAR R S/O RAMALINGAPPA, AGED ABOUT 55 YEARS, SHARE NO: 00101000906 34. R. CHANDRASHEKAR S/O RAMALINGAPPA, AGED ABOUT 62 YEARS, SHARE NO: 00101000904 35. MANJULA P. K W/O CHANDRASHEKAR, AGED ABOUT 52 YEARS, SHARE NO: 00101003594 36. GEETHAMMA W/O PRAKASH R, AGED ABOUT 43 YEARS, SHARE NO: 00401000169 PETITIONER NOS.1 TO 36 ARE R/O KALIDASA NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137. 37. SHANTHAMMA W/O RAMACHANDRAPPA, AGED ABOUT 60 YEARS. SHARE NO: 00501000010 - 6 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 38. LAKSHMI S R W/O RAVIKUMAR H, AGED ABOUT 40 YEARS, SHARE NO: 00501000197 39. HARISH V. R. S/O RAMACHANDRAPPA H, AGED ABOUT 42 YEARS, SHARE NO: 00501000198 40. SUSHEELAMMA W/O RAJANNA, AGED ABOUT 65 YEARS, SHARE NO: 00501000011 PETITIONER NOS.37 TO 40 ARE R/O JYOTHI NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 41. SREEDHARA V. E S/O ESHWARAPPA, AGED ABOUT 52 YEARS, SHARE NO: 00101002785, R/O KALIDASA NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 42. MANJUNATH B. R. S/O RANGANATHAPPA, AGED ABOUT 55 YEARS, SHARE NO: 00101001122 43. GIRIRAJU B. R. S/O RANGANATHAPPA, AGED ABOUT 58 YEARS, SHARE NO: 00101001121 44. SUJATHA K. C. W/O MANJUNATH B. R, - 7 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 AGED ABOUT 45 YEARS, SHARE NO: 00101001124 PETITIONER NOS.42 TO 44 ARE R/O JYOTHI NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 45. SHARADHA W/O NAGENDRAPPA, AGED ABOUT 47 YEARS, SHARE NO: 00301000329 46. NAGABHUSHANA S/O SURENDRA KUMAR, AGED ABOUT 38 YEARS, SHARE NO: 00101004628 PETITIONER NOS.45 AND 46 ARE R/O KALIDASA NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 47. SAROJAMMA W/O ASHOK KUMAR L. N, AGED ABOUT 55 YEARS, SHARE NO: 00501000090 48. PRADEEP KUMAR S/O ASHOK KUMAR L. N, AGED ABOUT 35 YEARS, SHARE NO: 00501000091 49. ASHOK KUMAR L. N S/O NAGAIAH, AGED ABOUT 58 YEARS, SHARE NO: 00501000092 PETITIONER NOS.47 TO 49 ARE R/O JYOTHI NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 - 8 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 50. DHRUVAKUMAR V. G S/O GURUMURTHY, AGED ABOUT 45 YEARS, SHARE NO: 00101000147 51. GEETHAMMA W/O PRAKASH R, AGED ABOUT 40 YEARS, SHARE NO: 00401000169 PETITIONER NOS.50 AND 51 ARE R/O KALIDASA NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 52. NARAYANA S/O BHOOTHANNA, AGED ABOUT 55 YEARS, SHARE NO: 00101001650 53. ROOPESH S. K S/O S. N. KRISHNAIAH, AGED ABOUT 50 YEARS, SHARE NO: 00301001931 PETITIONER NOS.52 AND 53 ARE R/O JYOTHI NAGAR, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 54. BHAGYAMMA W/O ESHWARAPPA, AGED ABOUT 55 YEARS, SHARE NO: 00101002056 55. NARASIMHEGOWDA S/O BALARAMEGOWDA, AGED ABOUT 60 YEARS, SHARE NO: 00101002657 PETITIONER NOS.54 AND 55 ARE R/O VEERGANAHALLI VILLAGE, - 9 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 GOWDAGERE HOBLI, SIRA TALUK, TUMAKUR DISTRICT-572135 56. SUNDRAMMA W/O KODANDARAMA, AGED ABOUT 55 YEARS, SHARE NO: 00101002850 57. INDRAMMA K. V. W/O ARALAPPA H. G, AGED ABOUT 65 YEARS, SHARE NO: 00101002965 58. ARALAPPA S/O JOGANNA, AGED ABOUT 65 YEARS, SHARE NO: 00101002966 59. DEEPU S. W/O VIKAS, AGED ABOUT 35 YEARS, SHARE NO: 00101003320 60. P. N. RAGHAVENDRA S/O NANJUNDAPPA, AGED ABOUT 40 YEARS, SHARE NO: 00501000396 PETITIONER NOS.56 TO 60 ARE R/O JYOTHI NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 61. YASHODHAMMA W/O RAJANNA, AGED ABOUT 60 YEARS, SHARE NO: 00401000171 62. PRAVEENA R S/O RAJANNA, AGED ABOUT 40 YEARS, SHARE NO: 00401000172 - 10 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 PETITIONER NOS.61 AND 62 ARE R/O YARAVARAHALLI VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572139 63. PUTTAMMA W/O HOTEL PANDURANGAPPA, AGED ABOUT 60 YEARS, SHARE NO: 00101001327 64. OMKARAIAH S/O JAYARAMAIAH, AGED ABOUT 55 YEARS, SHARE NO: 00101000260 65. MAHANTHESH S. M S/O MYLARAPPA, AGED ABOUT 55 YEARS, SHARE NO: 00101000211 PETITIONER NOS.63 TO 65 ARE R/O KALIDASA NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 66. KAMALAMMA W/O SHASHIDHARA, AGED ABOUT 45 YEARS, SHARE NO: 00301001140 67. SHASHIDHARA G. S. S/O SHIVARAMAIAH, AGED ABOUT 55 YEARS, SHARE NO: 00101001804 PETITIONER NOS.66 AND 67 ARE R/O VAJEED LAYOUT, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 68. SATHEESH K. V S/O VEERANNA, - 11 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 AGED ABOUT 40 YEARS, SHARE NO: 00601000215 69. SEENAPPA P. L S/O LIGANNA, AGED ABOUT 60 YEARS, SHARE NO: 00101003340 70. KUMADHA W/O SEENAPPA P. L, AGED ABOUT 48 YEARS, SHARE NO: 00101003341 71. SREEDHARA P. K S/O KENCHANNA, AGED ABOUT 58 YEARS, SHARE NO: 00101001413 PETITIONER NOS.68 TO 71 ARE R/O JYOTHI NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 72. JAI RAMAIAH V. R. S/O RANGAPPA R, AGED ABOUT 60 YEARS, SHARE NO: 00101001056 73. SREE RAMAIAH S/O HOSURAPPA, AGED ABOUT 40 YEARS, SHARE NO: 00101001059 74. VIVEKANANDA S/O PARASAPPA, AGED ABOUT 70 YEARS, SHARE NO: 00101001201 75. PARUSHURAMAIAH P S/O PUTTARANGAPPA, AGED ABOUT 60 YEARS, SHARE NO: 00101001157 - 12 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 PETITIONER NOS.72 TO 75 ARE R/O VEERAGANAHALLI VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572135 76. MARUTHI D S/O DODDAIAH N, AGED ABOUT 35 YEARS, SHARE NO: 00101001310 R/O JYOTHI NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 77. ASHWATHAPPA S/O VENKATAPPA, AGED ABOUT 50 YEARS, SHARE NO: 00101001315 R/O MEKERAHALLI VILLAGE, KASABA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572137 78. SONIYA S. S W/O SHIVAJI RAO, AGED ABOUT 50 YEARS, SHARE NO: 00301001150 79. PUSHPA BAI D/O SONIYA S. S, AGED ABOUT 30 YEARS, SHARE NO: 00301001151 PETITIONER NOS.78 AND 79 ARE R/O SIRA TOWN, SIRA, TUMAKURU DISTRICT-572137 80. GOVINDAPPA S/O SANNAMUDDANNA, AGED ABOUT 40 YEARS, SHARE NO: 00101002060 R/O GUDDADA HATTI, - 13 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 KASABA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572137 81. SUBBA SINGH S/O NARAYAN SINGJH, AGED ABOUT 60 YEARS, SHARE NO: 00101000706 R/O KALLUKOTE, KASABA HOBLI, SIRA TALUK, TUMAKURU DISTRICT 572137 82. MANJUNATH S. M. S/O MYLARAPPA S. M, AGED ABOUT 60 YEARS, SHARE NO: 00101000498 83. DAKSHAYANI P. G. W/O MANJUNATHA S. M, AGED ABOUT 58 YEARS, SHARE NO: 00101000499 PETITIONER NOS.82 AND 83 ARE R/O KALIDASA NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 84. HAREESH SHETTY S/O SEENAPPA SHETTY, AGED ABOUT 40 YEARS, SHARE NO: 00501000385 85. REKHA SHETTY W/O HAREESH SHETTY, AGED ABOUT 35 YEARS, SHARE NO: 00501000386 PETITIONER Nos.84 AND 85 ARE R/O JYOTHI NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 86. VIRAJ S/O CHANDU, - 14 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 AGED ABOUT 45 YEARS, SHARE NO: 00501000418 R/O SAPTHAGIRI BADAVANE, SIRA TOWN, SIRA, TUMAKURU DISTRICT-572137 87. PRABHAKARA T. V S/O VENKATAPPA, AGED ABOUT 49 YEARS, SHARE NO: 00101000488 R/O KALIDASA NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 88. NAHEEM UNNISA. W/O MOHAMMED RAFI, AGED ABOUT 35 YEARS, SHARE NO: 00301000598 R/O JYOTHI NAGARA, SIRA TOWN, SIRA, TUMAKUR DISTRICT-572137 89. KRISHNAMURTHY S/O HOSURAPPA, AGED ABOUT 40 YEARS, SHARE NO: 00101003339 R/O KAMAGONDANAHALLI VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572135 90. SUNITHA T W/O THIPPESWAMY, AGED ABOUT 45 YEARS, SHARE NO: 00201003923 91. THIPPESWAMY B. Y S/O RAMALINGAIAH SHETTY, AGED ABOUT 55 YEARS, SHARE NO: 00201003924 - 15 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 PETITIONER NOS.90 AND 91 ARE R/O SAPTHAGIRI BADAVANE, SIRA TOWN, SIRA, TUMAKURU DISTRICT-572137 ...PETITIONERS (BY SRI. RAMESH K R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR. B.R AMBEDKARVEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPLE SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, IIIRD FLOOR, SHANTHI NAGAR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY 3. ADDITIONAL REGISTRAR CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, BANGALORE ZONE, NO.1, ALIASKAR ROAD, BANGALORE-560052 4. SMT. S. C. SOWMYA, FATHERS NAME NOT KNOWN TO THE PETITIONERS, AGE MAJOR, THE RETURNING OFFICER SRI KANAKA PATTINA SAHAKARA SANGHA NIYAMITHA, KANAKA SANKEERNA, MAIN ROAD, SIRA TOWN, SIRA, TUMKUR DISTRICT-572 137 5. SRI KANAKA PATTINA SAHAKARA SANGHA NIYAMITHA, - 16 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 KANAKA SANKEERNA, MAIN ROAD, SIRA TOWN, SIRA, TUMKUR DISTRICT-572 137 REP. BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT.) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS. 2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS ELIGIBLE VOTERS’ LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5, WHICH IS SCHEDULED TO BE HELD ON 22.02.2026. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners, aggrieved by the inaction on the part of respondent No.4-the Returning Officer, wherein names of the petitioners were not shown in the voters’ list, filed this writ petition seeking a mandamus directing respondent Nos.2 to 5 to include the names of the petitioners in the eligible voters’ list, and further direct respondent Nos.2 to 5 to allow the petitioners to vote for - 17 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 the elections of respondent No.5, which is scheduled on 22.02.2026. 2. In the case of Bhimappa Vs. The Deputy Commissioner and Others1 filed before this Court, a similar relief was sought. This Court, vide order dated 03.11.2020, dismissed the writ petition referring to the judgment of the Hon'ble Apex Court in the case of Inderjit Barua and Others Vs. Election Commission of India2, wherein the Hon’ble Apex Court has, in paragraph No.3 of the judgment, held as follows: “3. We are of the view that once the final electoral rolls are published and elections are held on the basis of such electoral rolls, it is not open to anyone to challenge the election from any constituency or constituencies on the ground that the electoral rolls were defective. That is not a ground available for challenging an election under Section 100 of the Representation of People Act, 1951. The finality of the electoral rolls cannot be assailed in a proceeding challenging the validity of an election held on the basis of such electoral rolls vide Kabul Singh v. 1 WP No.148379/2020, disposed of on 03.11.2020 2 (1985) 1 SCC 21 - 18 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 Kundan Singh [(1969) 2 SCC 452 : (1970) 1 SCR 845 : AIR 1970 SC 340 : 42 ELR 325] . Article 329 (b) in our opinion clearly bars any writ petition challenging the impugned elections on the ground that the electoral rolls of 1979 on the basis of which the impugned elections were held were invalid.” The findings in the aforesaid judgment would clearly indicate that the Hon'ble Apex Court held that, there is a clear bar to any writ petition challenging the defect in electoral roll. 3. Further, this Court in the case of J. Robert Vs. Ram Jethmalani3 held that, even if there is an error in preparation of electoral roll, the same cannot be questioned before the High Court. As far as preparation of electoral roll, addition or deletion of names etc., are all the matters pertaining to the dispute relating to electoral roll and they cannot be entertained in the writ petition. 4. Considering the proposition of law laid down by the Hon'ble Apex Court and this Court in the cases 3 1990 SCC OnLine Kar 184 - 19 - HC-KAR NC: 2026:KHC:11210 WP No. 5830 of 2026 referred supra, the petitioners have no right to question the final electoral roll before the High Court in the writ jurisdiction. The High Court has no right in interfering in the process of election, as the election process has already commenced. 5. In view of the above discussion, I do not find any grounds to entertain the writ petition. Accordingly, the writ petition is dismissed reserving a liberty to the petitioners to raise their grievance before the appropriate forum, if so desired. 6. In view of dismissal of the petition, pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 21