Writ Petition No. 411 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:3325 WP No. 411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.411 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. 7. K A ANITHA W/O K V ASHOK KUAMR AGED 41 YEARS SHARE NO.4164 RASHMI AMAR W/O. AMAR NARAYAN AGED ABOUT 43 YEARS SHARE NO.5704. AMARANARAYANA K S/O. LAKSHMINARAYANA K.N. AGED ABOUT 55 YEARS, SHARE NO. 5703. BHARATHI W/O. BHADRACHALA SETTY AGED ABOUT 48 YEARS, SHARE NO. 7180. K.S. SHARADA W/O. K.N. SHANKARANARAYANA GUPTA AGED ABOUT 47 YEARS, SHARE NO. 2746. USHA SHRINIVAS W/O. SRINIVAS BABU K.A. AGED ABOUT 38 YEARS, SHARE NO. 6670. NITHIN K S/O. KRISHNA KUMAR K.V. AGED ABOUT 33 YEARS, SHARE NO. 7917. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3325 WP No. 411 of 2025 8. 9. K. SANDHYARANI W/O. K.V. KRISHNA KUMAR AGED ABOUT 38 YEARS, SHARE NO. 1188. SANDEEP K.M. S/O. MANJUNATH K.V. AGED ABOUT 37 YEARS SHARE NO. 6707. 10. K.M. INDRANI W/O. K.V. MANJUNATHA AGED ABOUT 42 YEARS, SHARE NO. 1186 11. K.V, ASHOK KUMAR S/O. VENKATACHALA SETTY AGED ABOUT 57 YEARS, SHARE NO. 1187. 12. K.A. ANKITHA W/O. ASHOK KUMAR K.V. AGED ABOUT 35 YEARS, SHARE NO.7923 13. M.R. KRISHNA MURTHY S/O. RANGANATHA SETTY AGED ABOUT 62 YEARS, SHARE NO. 3311. 14. PARIJATHA W/O. T.V. RAMESH BABU AGED ABOUT 39 YEARS, SHARE NO.3300. 15. RAMYA W/O. MADHAVA G.K. AGED ABOUT 40 YEARS, SHARE NO. 8638. 16. DEEPIKA W/O. RAJ KIRAN KJ AGED ABOUT 37 YEARS, SHARE NO. 8646. 17. DAKSHAYANI K.B. W/O. C.S. JAGADISH BABU - 3 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 55 YEARS, SHARE NO.993. 18. JAGADISH BABU S/O. SHIVARAMAIAH SETTY C.R. AGED ABOUT 64 YEARS, SHARE NO.994. 19. SAVITHRAMMA W/O. ASHWATHANARAYANA SETTY .T AGED ABOUT 62 YEARS, SHARE NO. 1223. 20. VINODALEELA R.P. W/O. R.S. PRABHAKAR AGED ABOUT 50 YEARS, SHARE NO.1287. 21. NAGARATHNA T.A. W/O. ANANTHA MURTHY AGED ABOUT 37 YEARS, SHARE NO.1681. 22. SUBHASHINI W/O. RAMAKRISHNA PRASAD AGED ABOUT 42 YEARS, SHARE NO.1367. 23. ARUN KUMAR.G.K. S/O. KRISHNAIAH SETTY G.A. AGED ABOUT 55 YEARS, SHARE NO.1883. 24. ADIRAMASHETTY H.N. S/O. NAGAIAH SETTY H.N. AGED ABOUT 60 YEARS, SHARE NO.1914. 25. 26. PUSHPAKAMALA W/O. ADIRAMASHETTY H.N. AGED ABOUT 55 YEARS, SHARE NO.1915. PRAVEEN M.H. S/O. HEMANNA SHETTY M AGED ABOUT 41 YEARS, SHARE NO.1987. - 4 - NC: 2025:KHC:3325 WP No. 411 of 2025 27. SUJATHA W/O. VECHAMA CHANDRAIAH SHETTY AGED ABOUT 53 YEARS, SHARE NO.2018. 28. MANJULA GUPTHA W/O. SOMASHEKARA GUPTA C.A. AGED ABOUT 44 YEARS, SHARE NO.2118. 29. SATHISH BABU S/O. ANANTHAPADMANABHA SETTY AGED ABOUT 57 YEARS, SHARE NO.2151. 30. LAKSHMIKANTHAMMA W/O. ESHWARA SETTY AGED ABOUT 59 YEARS, SHARE NO.2535. 31. NANDAKUMAR S/O. ESHWARA SETTY G.K. AGED ABOUT 52 YEARS, SHARE NO.2540. 32. VENKATESH S/O. SARVOTHAMA SETTY AGED ABOUT 55 YEARS, SHARE NO.2500. 33. VASAVI M.R. W/O. RAGHAVENDRA PRASAD AGED ABOUT 47 YEARS, SHARE NO.2572. 34. VASAVI G.K. W/O. M.N. ESHWARA GUPTA AGED ABOUT 42 YEARS, SHARE NO.2701. 35. JYOTHI W/O. V.P. MANOHARA SETTY AGED ABOUT 38 YEARS, SHARE NO.2800. - 5 - NC: 2025:KHC:3325 WP No. 411 of 2025 36. ARUNKUMARI W/O. C.K. GOVINDA SETTY AGED ABOUT 45 YEARS, SHARE NO.2855. 37. SANJAY T.P. S/O. T.S. PADMANABHA SETTY AGED ABOUT 53 YEARS, SHARE NO.3212. 38. MANJULA B.V. W/O. B.R. VIJAYA SHANKAR AGED ABOUT 48 YEARS, SHARE NO.3182.
Legal Reasoning
The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the 1 ILR 2024 KAR 1901 - 34 - NC: 2025:KHC:3325 WP No. 411 of 2025 following points for consideration at paragraph No.9, which reads as under: “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: - 35 - NC: 2025:KHC:3325 WP No. 411 of 2025 (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following: NC: 2025:KHC:3325 WP No. 411 of 2025 - 36 -
Arguments
39. SRIPADU KUMAR S/O. K.N. RAMACHANDRA SETTY AGED ABOUT 57 YEARS, SHARE NO.1073. 40. SRIMATHI SRIPADU W/O. K.R. SRIPADU KUMAR AGED ABOUT 68 YEARS, SHARE NO.1078. 41. ARAVINDA KOMARALU S/O. SRIPADA KUMAR K.R. AGED ABOUT 62 YEARS, SHARE NO. 6882. 42. SRIVATSA S KOMARALU S/O. SRIPADU KUMAR AGED ABOUT 38 YEARS, SHARE NO.4182. 43. PAVITHRA S. KOMARALU W/O. SRIVATSA S KOMARALU AGED ABOUT 33 YEARS, SHARE NO.7938. 44. H.N. NAGENDRA BABU S/O. NYATHAIAH SETTY AGED ABOUT 58 YEARS, SHARE NO.2892. 45. H.N. SUVARNA W/O. H.N. NAGENDRA BABU - 6 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 55 YEARS, SHARE NO.2893. 46. H.N. SHARATH S/O. NAGENDRA BABU H.N. AGED ABOUT 32 YEARS, SHARE NO.7118. 47. NANDA AMARESH S/O. S.C. AMARESH AGED ABOUT 44 YEARS, SHARE NO.4212. 48. SHANVITHA S A D/O. AMARESH AGED ABOUT 28 YEARS, SHARE NO.8162. 49. VEENA PRAVEEN M W/O. M.H. PRAVEEN AGED ABOUT 34 YEARS, SHARE NO.3040. 50. C.A. PRAJWAL S/O PHANEENDRA C.A. AGED ABOUT 32 YEARS, SHARE NO.8784. 51. 52. 53. PANEENDRA C.A S/O. C.G. ADINARAYANA SETTY AGED ABOUT 52 YEARS, SHARE NO.1258. T N DEEPAK S/O. NARASIMHA MURTHY .T AGED ABOUT 34 YEARS, SHARE NO.1039. LAVANYA K R W/O. DEEPAK T.N. AGED ABOUT 37 YEARS, SHARE NO.6877. 54. KAVANA W/O. MADHAVA G.K. - 7 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 43 YEARS, SHARE NO.2250 55. S.R. ANANTHARAMA SHETTY S/O. RANGADHAMA SETTY S.R. AGED ABOUT 58 YEARS, SHARE NO.423. 56. NAGASHEELA S.A W/O. S.R. ANANTHARAMA SHETTY AGED ABOUT 52 YEARS, SHARE NO. 420. 57. KAVYA R W/O. NIKHIL TALANKI S.A. AGED ABOUT 36 YEARS, SHARE NO.2303. 58. AMULYA JALANKI S.A D/O. ANANTHARAMA SETTY AGED ABOUT 32 YEARS, SHARE NO.1818. 59. NAGASHREE S.P. D/O. PRABHAKAR S.R. AGED ABOUT 52 YEARS, SHARE NO.2329. 60. TATA PRASANNA KUMAR S/O. LATE TATA SRINIVASA SETTY AGED ABOUT 43 YEARS, SHARE NO.343. 61. SUDHAKARA N.A. S/O. ANANTHANARAYANA SETTY, AGED ABOUT 40 YEARS, SHARE NO.529. 62. N.S. SUGUNA W/O. N.A. SUDHAKAR AGED ABOUT 53 YEARS, SHARE NO.532. 63. CHAITRA S W/O. SANJAY KUMAR, AGED ABOUT 43 YEARS, SHARE NO.2316. - 8 - NC: 2025:KHC:3325 WP No. 411 of 2025 64. SUNITHA PRASANNA W/O. TATA PRASANNA KUMAR AGED ABOUT 47 YEARS, SHARE NO. 7847. 65. PRASAD BABU S/O. B.L. RAMAMURTHY, AGED ABOUT 57 YEARS, SHARE NO.112. 66. MAMATHA BABU W/O. PRASAD BABU AGED ABOUT 50 YEARS, SHARE NO.116. 67. P S SRINIVASA W/O. P.V. SUBBARAYA SETTY AGED ABOUT 63 YEARS, SHARE NO.659. 68. SRILAKSHMI P.S. D/O. SREENIVASA P.S. AGED ABOUT 57 YEARS, SHARE NO. 7750. 69. SRIPADMA P.S. W/O. SREENIVASA P.S. AGED ABOUT 37 YEARS, SHARE NO. 7751. 70. SAVITHRAMMA W/O. RANGANATHA SETTY AGED ABOUT 58 YEARS, SHARE NO. 7257. 71. M.R. KRISHNAMURTHY S/O. LATE RANGANATHA SETTY, AGED ABOUT 57 YEARS, SHARE NO. 3311. 72. NAGASHILPA W/O. KRISHNAMURTHY M.R. AGED ABOUT 51 YEARS, SHARE NO. 7056. - 9 - NC: 2025:KHC:3325 WP No. 411 of 2025 73. S. RATHNAMALA W/O. SRINATH N AGED ABOUT 42 YEARS, SHARE NO. 725. 74. BADRINATH N S S/O. SATHYANARAYANA SETTY N.S. AGED ABOUT 54 YEARS, SHARE NO. 1148. 75. SRINIVAS S/O. LATE GAVAIAH SETTY AGED ABOUT 56 YEARS, SHARE NO. 4508. 76. ANIL B S S/O SEETHARAM B S AGED ABOUT 42 YEARS SHARE NO.4465 77. NAGASHIVA SAI S/O SREEDHARAMURTHY K V AGED ABOUR 47 YEARS SHARE NO.8649. 78. POOJA BUTCH W/O SWAROOOP BUTCH AGED ABOUT 38 YEARS SHARE NO.8663. 79. NAGAPRAVEEN S/O ADIRAMA SETTY AGED ABOUT 37 YEARS SHARE NO.5806 80. GOPAL T N S/O T NARASIMHA SETTY AGED ABOUT 54 YEARS SHARE NO.5446 81. RASHMI T G W/O T N GOPAL AGED ABOUT 37 YEARS SHARE NO.5448 82. SHALMALAMMA W/O K S GANGADHARA SETTY - 10 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 54 YEARS SHARE NO.2974 83. ARPITHA W/O J V ARUN KUMAR, AGED ABOUT 40 YEARS SHARE NO.2980 84. GIRIJAMBA W/O LAKSHMINARYANA SETTY AGED ABOUT 60 YEARS SHARE NO.468 85. KALPANA W/O T N NARAYANA SETTY AGED ABOUT 51 YEARS SHARE NO.520 86. JAYALAKSHMI W/O NARAYANA SETTY T N AGED ABOUT 53 YEARS SHARE NO.1322 87. VENKATESHWARALU S/O L V LAKSHMIAAIH AGED ABOUT 62 YEARS SHARE NO.831 88. SHYLAJA W/O KRISHNAMURTHY M R AGED ABOUT 52 YEARS SHARE NO.1556 89. RAJAKIRAN S/O SEETHARAMU B V AGED ABOUT 50 YEARS SHARE NO.2048 90. SHRUTHI M R D/O RAGHAVENDRA PRASAD M R AGED ABOUT 42 YEARS SHARE NO.2059 91. NAGASHREE W/O SREEDHARAMURTHY K V - 11 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 48 YEARS SHARE NO.2257 92. SHRUTHI M N W/O KESHAV BHARADHWAJ AGED ABOUT 38 YEARS SHARE NO.8775 93. SHANTHAKUMAR S S/O SATHYANARAYANA SETTY AGED ABOUT 52 YEARS SHARE NO.40 94. MAHADESH BABU C N S/O NARASIMHA SETTY C N AGED ABOUT 57 YEARS SHARE NO.166 95. LATHA SRINIVAS W/O SRINIVAS C S AGED ABOUT 50 YEARS SHARE NO.197 96. BHARATHI M S W/O PRASANNA KUMAR M S AGED ABOUT 53 YEARS SHARE NO.274 97. GAYATHRI ASHOK W/O T S ASHOK KUMAR AGED ABOUT 55 YEARS SHARE NO.342 98. 99. PRASANNA KUMAR S/O TATA SRINIVAS SETTY AGED ABOUT 42 YEARS SHARE NO.343 LOKESH BABU S/O THIMMARAJU GUPTA T S AGED ABOUT 56 YEARS SHARE NO.346 100. SANDHYA RANI W/O S R VENKATARAMA SETTY - 12 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 45 YEARS SHARE NO.419 101. LOKAMBA W/O P N ASHWATHANARAYANA AGED ABOUT 55 YEARS SHARE NO.421 102. SAROJA W/O NANDAKUMAR AGED ABOUT 56 YEARS SHARE NO.774 103. DHANALAKSHMI W/O T K SHANKAR AGED ABOUT 50 YEARS SHARE NO.790 104. SAVITHA SHEKHAR R C W/O CHANDRASHEKHAR GUPTHA AGED ABOUT 54 YEARS SHARE NO.367 105. SANDEEP R C S/O CHANDRASHEKHAR GUPTHA AGED ABOUT 32 YEARS SHARE NO.7732 106. G S SAPNA W/O G S SHESHACHALAM AGED ABOUT 37 YEARS SHARE NO.5415 107. PRABHAKARA SHETTY S/O BHEEMSEENS SETTY AGED ABOUT 57 YEARS SHARE NO.6971 108. RAJESHWARI W/O PRABHAKARA SHETTY AGED 53 YEARS SHARE NO.8061 109. VINAY SHETTY P S/O PRABHAKARA SHETTY - 13 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 34 YEARS SHARE NO.8062 110. VIJAYABHASKAR SHETTY K S/O JADIYAPPA SHETTY K AGED ABOUT 50 YEARS SHARE NO.8060 111. PRABHAVATHI W/O V RAJANNA AGED ABOUT 52 YEARS SHARE NO.6812 112. V RAJANNA S/O SATHYANARAYANA SHETTY AGED ABOUT 58 YEARS SHARE NO.6813 113. P SHYMALA W/O GOPALA SETTY P AGED ABOUT 53 YEARS SHARE NO.8083 114. P VENKATALAKSHMI W/O GOPALA SETTY P AGED ABOUT 53 YEARS SHARE NO.8082 115. T P BHADRACHALA S/O VERANNA SETTY T P AGED ABOUT 62 YEARS SHARE NO.7181 116. VIKRAM T P S/O BHADRACHALA SETTY T P AGED ABOUT 38 YEARS SHARE NO.7179 117. T P BHARATHI W/O BHADRACHALA SETTY T P AGED ABOUT 36 YEARS SHARE NO.7180 118. T P SHILPA W/O BHADRACHALA SETTY T P AGED ABOUT 57 YEARS SHARE NO.7177 - 14 - NC: 2025:KHC:3325 WP No. 411 of 2025 119. G KAVYASHREE D/O GOPAL G AGED ABOUT 42 YEARS SHARE NO.8070 120. G SATHYANARAYANA S/O GOPAL G AGED ABOUT 40 YEARS SHARE NO.8069 121. SOWMYA K W/O JAGADISH SHETTY AGED ABOUT 48 YEARS SHARE NO.8078 122. M NAGABHUSHANA SHETTY S/O GOVINDARAJU SHETTY M AGED ABOUT 42 YEARS SHARE NO.8066 123. M GOVINDARAJULU SHETTY S/O HANUMANTHA SHETTY M AGED ABOUT 67 YEARS SHARE NO.8063 124. B SURESH S/O GOPAL SHETTY B AGED ABOUT 53 YEARS SHARE NO.8071 125. B VASAVI W/O SURESH B AGED ABOUT 47 YEARS SHARE NO.8072 126. SUBRAMANYA K R S/O RATHNAIAH SETTY K AGED ABOUT 55 YEARS SHARE NO.7379 127. NAGAMANI W/O SUBRAMANYA K R AGED ABOUT 50 YEARS SHARE NO.7380 - 15 - NC: 2025:KHC:3325 WP No. 411 of 2025 128. PRADEEP R S S/O SUBBARAYA SHETTY AGED ABOUT 43 YEARS SHARE NO.7020 129. T G CHAITRA W/O PRADEEP R S AGED ABOUT 38 YEARS SHARE NO.7021 130. M S JAYALAKSHMAMMA W/O SRINIVASA SETTY AGED ABOUT 56 YEARS SHARE NO.1738 131. N L BALARAJ S/O LAKSHMAIAH SHETTY AGED ABOUT 48 YEARS SHARE NO.658 132. K V SHANKARANARAYANA GUPTA S/O VENKATACHALA SHETTY AGED ABOUT 67 YEARS SHARE NO.612 133. K S PANKAJA W/O K V SHANKARANARAYANA GUPTA AGED ABOUT 62 YEARS SHARE NO.2968 134. PRABHAKARA SHETTY K V S/O VENKATACHALA SHETTY K V AGED ABOUT 45 YEARS, SHARE NO.850 135. KASTURI V PRABHAKAR W/O PRABHAKARA SHETTY AGED ABOUT 43 YEARS SHARE NO.843 136. ANOOP VISHNU K P S/O PRABHAKARA SHETTY AGED ABOUT 28 YEARS SHARE NO.8708 137. K S SUMANTH S/O SRINIVAS GUPTHA - 16 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 42 YEARS SHARE NO.4523 138. SUVARNA SIRNIVAS W/O SRINIVASA GUPTA AGED ABOUT 40 YEARS SHARE NO.842 139. SANDESH K S S/O SRINIVAS GUPTA AGED ABOUT 38 YEARS SHARE NO.842 140. GEETHA NAGARAJ W/O L NAGARAJU AGED ABOUT 40 YEARS SHARE NO.2629 141. SATEESH K N S/O K L NAGARAJA SHETTY AGED ABOUT 60 YEARS SHARE NO.1071 142. K S USHA RANI W/O K N SATHISH AGED ABOUT 56 YEARS SHARE NO.3005 143. K S ANUSHA D/O K N SATHISH, AGED ABOUT 40 YEARS SHARE NO.7959 144. BHARATHI K S S/O SATISHA K N, AGED ABOUT 38 YEARS SHARE NO.6935 145. K J SRIKANTH S/O K V JANARDHAN, AGED ABOUT 54 YEARS SHARE NO.2165 146. SULOCHANA D W/O T S DRUVAKUMAR, - 17 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 48 YEARS SHARE NO.862 147. JAYALAKSHMI GOPAL W/O HARI GOPAL E V, AGED ABOUT 53 YEARS SHARE NO.637 148. M R VASUKI S/O M A RAMACHANDRA SHETTY AGED ABOUT 57 YEARS, SHARE NO.2541 149. BHEEMENDRA GUPTA S/O BHAGAVANTHA GUPTA B V AGED ABOUT 60 YEARS SHARE NO.2736 150. JAYANATHI N L W/O BHEEMAENDRA GUPTA V B AGED ABOUT 54 YEARS SHARE NO.1969 151. SUBBARAJU N S S/O NAMA ASHWATHAIAH SHETTY AGED ABOUT 50 YEARS SHARE NO.1578 152. NITHIN K V S/O VENUGOPALA SHETTY K V AGED ABOUT 57 YEARS SHARE NO.8705 153. SINDU K N W/O NITHIN K V, AGED ABOUT 32 YEARS SHARE NO.8706 154. PRABHATHA K V W/O VENUGOPAL SHETTY, AGED ABOUT 54 YEARS, SHARE NO.844 155. NAGASHREE K V W/O VENUGOPALA SHETTY, AGED ABOUT 48 YEARS, SHARE NO.8707 - 18 - NC: 2025:KHC:3325 WP No. 411 of 2025 156. LAKSHMIKANTHAMMA K W/O K NARAYANA SETTY, AGED ABOUT 43 YEARS, SHARE NO.660 157. HEMANTH KUMAR S/O B L RAMAMURTHY, AGED ABOUT 57 YEARS SHARE NO.113 158. MAMATHA PRASAD B P S/O B R PRASAD BABU, AGED ABOUT 53 YEARS, SHARE NO.116 159. AMRUTHA W/O SRINIVASA SHETTY, AGED ABOUT 47 YEARS, SHARE NO.3133 160. LAKSHMI SRIDHAR W/O SHRIDHAR N N AGED ABOUT 52 YEARS, SHARE NO.2723 161. PRASAD E A S/O E V ASHWATH, AGED ABOUT 53 YEARS, SHARE NO.3034 162. NATESH M S S/O M S SHANKAR, AGED ABOUT 48 YEARS, SHARE NO.307 163. MURALIDHAR C S S/O SUBBARAYA SHETTY, AGED ABOUT 47 YEARS, SHARE NO.302 164. BINDHU MURALI W/O C S MURALIDHAR, AGED ABOUT 42 YEARS, SHARE NO.302 - 19 - NC: 2025:KHC:3325 WP No. 411 of 2025 165. SHOBHA ASHOK W/O ASHOK T N, AGED ABOUT 49 YEARS SHARE NO.429 166. LAKSHMI N S W/O N S VENKATESH, AGED ABOUT 53 YEARS SHARE NO.1700 167. VIJAYA LAKSHMI N S W/O SATHYANARAYANA SHETTY AGED ABOUT 57 YEARS, SHARE NO.271 168. ANITHA D R W/O RAMESH BABU AGED ABOUT 46 YEARS SHARE NO.1908 169. LAKSHMI RAVINDRA K D/O D S RADHAKRISHNA SHETTY AGED ABOUT 54 YEARS, SHARE NO.1898 170. ANUPAMA D/O RAGHAVENDRA GUPTA D R AGED ABOUT 50 YEARS, SHARE NO.4224 171. VISHWAS D S/O DWARAKANATH D V AGED ABOUT 48 YEARS, SHARE NO.7698 172. KAMAKSHI D R W/O RAMESH D L, AGED ABOUT 58 YEARS SHARE NO.547 173. NARAYANAMURTHY D L S/O NARAYANA SHETTY, AGED ABOUT 53 YEARS SHARE NO.549 174. GEETHA NARAYANA W/O NARAYANA MURTHY - 20 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 50 YEARS, SHARE NO.546 175. CHANDRA SHEKHARA GUPTA C V S/O K R VISHWANATHA SHETTY AGED ABOUT 57 YEARS SHARE NO. 156 176. NAGAMANIKYA T G W/O T S GOPALA SHETTY AGED ABOUT 50 YEARS, SHARE NO.292 177. SRILAKSHMI W/O SEETHARAMAU T S AGED ABOUT 47 YEARS, SHARE NO.294 178. PADMA J W/O VIJAY D S AGED ABOUT 45 YEARS, SHARE NO.5798 179. SINDHU PRASAD W/O PRASAD D R, AGED ABOUT 48 YEARS SHARE NO.5803 180. SUPRITHA SRINATH S/O SRINATH D R, AGED ABOUT 43 YEARS, SHARE NO.7170 181. D B SHILPA W/O D R BADAREESH, AGED ABOUT 46 YEARS, SHARE NO.4158 182. RAJESH D R S/O D S RAMALINGA SETTY AGED ABOUT 56 YEARS, SHARE NO.1675 183. D R LAKSHMI W/O RAJESH D R, AGED ABOUT 51 YEARS, SHARE NO.5804 - 21 - NC: 2025:KHC:3325 WP No. 411 of 2025 184. ADITHYA T C S/O CHALUVARAJA SETTY AGED ABOUT 47 YEARS, SHARE NO.5804 185. S N SAHANA W/O ADITHYA T C, AGED ABOUT 43 YEARS SHARE NO.7930 186. SATHEESH D A S/O D S ADIMURTHY SETTY, AGED ABOUT 57 YEARS, SHARE NO.780 187. GANESH D S S/O SATHISH D A, AGED ABOUT 34 YEARS SHARE NO.7103 188. K A SAROJA W/O NANDAKUMAR, AGED ABOUT 53 YEARS SHRE NO.774 189. RAGHAVENDRA GUPTA D R S/O D RAMAKRISHNA SETTY AGED ABOUT 62 YEARS, SHARE NO.1629 190. NAGENDRA B A S/O B R ASHOK KUMAR, AGED ABOUT 60 YEARS SHARE NO.4161 191. PRAKASHA M G S/O GOPALA KRISHNASETTY AGED ABOUT 54 YEARS, SHARE NO.5452 192. MANOHARIAL TAKUR S/O ANSHIRAM THAKUR, AGED ABOUT 52 YEARS, SHARE NO.899 193. RENU W/O MANOHARILA THAKUR - 22 - NC: 2025:KHC:3325 WP No. 411 of 2025 AGED ABOUT 48 YEARS, SHARE NO.900 194. T N SHRUTHI D/O NAGESH T G, AGED ABOUT 43 YEARS, SHARE NO.7696 195. HARISHA D C S/O CHANDRASHEKHAR GUPTHA AGED ABOUT 50 YEARS, SHARE NO.726 196. PUSHPAVATHAMMA W/O CHANDRSHEKHARA GUPTA AGED ABOUT 27 YEARS, SHARE NO.727 197. VIJAYALAKSHMI D H W/O D C HARISH, AGED ABOUT 47 YEARS, SHARE NO.2173 198. RATHNA ASHOK W/O D A ASHOK, AGED ABOUT 43 YEARS, SHARE NO.2773 199. RAMARATHNAMMA M G W/O GOPALA KRISHNA SETTY AGED ABOUT 56 YEARS, SHARE NO.4926 200. SHYLAJA M S W/O M G SRINIVAAS AGED ABOUT 50 YEARS, SHARE NO.4399 201. NANDINI SHETTY W/O NAGENDRA B A, AGED ABOUT 42 YEARS SHARE NO.8652 202. DEEPA K S W/O SRIKANTHA K J, AGED ABOUT 38 YEARS SHARE NO.8346 - 23 - NC: 2025:KHC:3325 WP No. 411 of 2025 203. SWATHI B V W/O VIKAS S, AGED ABOUT 46 YEARS SHARE NO 8294 204. SHWETHA RAGHAV W/O RAGHAV C M, AGED ABOUT 47 YEARS SHARE NO.8207 205. VAISHNAVI GUPTA M E W/O ESHWAR GUPTA M N AGED ABOUT 37 YEARS, SHARE NO.7900 206. ANJAN KUMAR T D S/O T N DWARAKANATHA SETTY AGED ABOUT 51 YEARS, SHARE NO.1166 207. SRILAKSHMI B S W/O B S SURYANARYANA GUPTA AGED ABOUT 50 YEARS, SHARE NO.1215 208. PARIJATHA B S W/O SUBRAMANYA B S AGED ABOUT 43 YEARS, SHARE NO.1213 209. SUBRAMANYA B S S/O B S SATHYANARAYANA SETTY AGED ABOUT 56 YEARS, SHARE NO.1210 210. GIRIJAMBA W/O SRINIVASA GUPTA, AGED ABOUT 62 YEARS SHARE NO.1325 211. SRIDEVI W/O SRINIVASA MURTHY, AGED ABOUT 57 YEARS, SHARE NO.874 - 24 - NC: 2025:KHC:3325 WP No. 411 of 2025 212. SHUBHA K R W/O RAMAKRISHNA K L, AGED ABOUT 47 YEARS SHARE NO.7204 213. SNEHA D D/O DRUVAKUMAR T S, AGED ABOUT 43 YEARS, SHARE NO.5410 214. NAGASHREE D/O DRUVAKUMAR T S, AGED ABOUT 41 YEARS, SHARE NO.5411 215. LAKSHMI SATHYA W/O SATHYANARAYANA B S, AGED ABOUT 53 YEARS, SHARE NO.6741 216. M R UMA W/O RANGANATH, AGED ABOUT 52 YEARS, SHARE NO.1648 217. GAYATHRI A M W/O NARESH BABU K R, AGED ABOUT 47 YEARS, SHARE NO.6979 218. ASHOK KUMAR K R S/O RAMABHADRA SHETTY, AGED ABOUT 56 YEARS, SHARE NO.4919 219. SWAPNA ASHOK W/O ASHOK KUMAR K R, AGED ABOUT 50 YEARS, SHARE NO.4920 ALL ARE MEMBERS OF VYSYA CO-OPERATIVE BANK LTD., DR.SRI.SRI.SHIVAKUMARA SWAMIJI CIRCLE, B.H.ROAD, TUMKUR – 572102. (BY SRI RAJU S., ADVOCATE) …PETITIONERS - 25 - NC: 2025:KHC:3325 WP No. 411 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD SHANTINAGAR, BANGALORE-560027 REP. BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES / DISTRICT ELECTION OFFICER, DISTRICT OFFICE TUMKUR DISTRICT-572102. 4. RETURNING OFFICER VYSYA CO OPERATIVE BANK LTD., B.H. ROAD, TUMKUR-572102. 5. VYSYA CO-OPERATIVE BANK LTD., B.H. ROAD, TUMKUR 572102 REP. BY IS CHIEF EXECUTIVE OFFICER (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) (BY SRI.YOGESH.D.NAIK, AGA FOR R1 , R3, R4; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI.MANOHAR.B.K, ADVOCATE FOR R5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 AND ALSO TO CONTEST IN THE ELECTION, WHICH IS SCHEDULED TO BE HELD ON 19/01/2025. - 26 - NC: 2025:KHC:3325 WP No. 411 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners in this petition are seeking to direct respondent Nos.2 to 5 to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.5 and also to contest in the election, which was scheduled to be held on 19.01.2025. 2. This Court, by way of interim arrangement on 10.01.2025, permitted the petitioners to contest and cast their votes in the ensuing elections scheduled to be held on 19.01.2025 to the Board of Directors of respondent No.5-society subject to the final outcome of this writ petition. 3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. - 27 - NC: 2025:KHC:3325 WP No. 411 of 2025 4. Rule 13-D of the KCS Rules, 1960 reads as under: “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. - 28 - NC: 2025:KHC:3325 WP No. 411 of 2025 (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with - 29 - NC: 2025:KHC:3325 WP No. 411 of 2025 acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; - 30 - NC: 2025:KHC:3325 WP No. 411 of 2025 (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; - 31 - NC: 2025:KHC:3325 WP No. 411 of 2025 (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or - 32 - NC: 2025:KHC:3325 WP No. 411 of 2025 (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; - 33 - NC: 2025:KHC:3325 WP No. 411 of 2025 (i) Date and time of counting and declaration of results.” 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-society and attended all the annual general body meetings, in spite of which respondent No.5- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5-society. 6.
Decision
ORDER Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 8. Section 70 of the KCS Act, 1959 reads as under: - 37 - NC: 2025:KHC:3325 WP No. 411 of 2025 “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. - 38 - NC: 2025:KHC:3325 WP No. 411 of 2025 (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary - 39 - NC: 2025:KHC:3325 WP No. 411 of 2025 contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its - 40 - NC: 2025:KHC:3325 WP No. 411 of 2025 impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petition needs to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 19.01.2025 to the Board of Directors of respondent No.5-society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 41 - NC: 2025:KHC:3325 WP No. 411 of 2025 of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.5- society. iv. All the contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 48