Writ Petition No. 1322 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:15205 WP No. 1322 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1322 OF 2024 (CS-EL/M) BETWEEN: MARISIDDEGOWDA S/O LATE CHIKKANCHEGOWDA, AGED ABOUT 62 YEARS, PRESIDENT OF MAVINAHALLI MILK PRODUCES CO-OPEARTIVE SOCIETY LTD., R/AT MAVINAHALLI VILLAGE, MYSURU TALUK MYSURU DISTRICT - 570 001 …PETITIONER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPEARATION, M.S BUILDING, AMBEDKAR VEEDHI BANGALORE 01 REPRESENTED BY ITS CHIEF SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY 3rd FLOOR, TTMC A BLOCK, SHANTHI NAGAR BENGALURU - 560 027 REPRESENTED BY ITS SECRETARY 3. THE ASSISTANT REGISTRAR OF CO-OPERARIVE SOCIETIES MYSURU SUB DIVISION, MYSURU - 570 001 - 2 - NC: 2025:KHC:15205 WP No. 1322 of 2024 4. THE MAVINAHALLI MILK PRODUCES CO-OPEARATIVE SOCIETY LTD., RGISTERED UNDER THE SOCIETY REGISTRATION ACT 2013 MAVINAHALLI VILLAGE MYSURU TALUK MYSURU DISTRICT -570 001 REPRESENTED BY ITS IN-CHARGE CEO 5. THE RETURNING OFFICER MAVINAHALLI MILK PRODUCES CO-OPERATIVE SOCIETY LTD., MAVINAHALLI VILLAGE MYSURU TALUK MYSURU DISTRICT -570 001 6. LEELAVATHI W/O MUDDALINGEGOWDA AGED ABOUT 45 YEARS, 7. V MAHESH S/O LATE VENKATE GOWDA AGED ABOUT 50 YEARS, 8. BHASKAR R S/O RAMAKRISHNACHARI AGED ABOUT 40 YEARS, 9. RAMESH S/O LATE NARAYANACHARI AGED ABOUT 50 YEARS, 10. B SATISH S/O LATE BYREGOWDA AGED ABOUT 35 YEARS, 11. S SURESH S/O M C SIDDEGOWDA AGED ABOUT 40 YEARS, 12. SIDDESH S/O LATE MUNIGOWDA AGED ABOUT 28 YEARS, - 3 - NC: 2025:KHC:15205 WP No. 1322 of 2024 13. KRISHNA S/O KEMPACHARI, AGED ABOUT 32 YEARS, 14. SOMACHARI S/O RAMAKRISHNACHARI, AGED ABOUT 35 YEARS, 15. MANJUNATH S/O LATE SIDDACHARI, AGED ABOUT 35 YEARS, 16. CHELUVARAJU S/O PUTTACHARI, AGED ABOUT 30 YEARS, 17. B GANGADHARA S/O BASAVACHARI, AGED ABOUT 35 YEARS, 18. SIDDARJU S/O LATE MADAPPA AGED ABOUT 50 YEARS, 19. PRABVEEN S/O KEMPEGOWDA H S AGED ABOUT 30 YEARS, 20. SAVITHA W/O SHIVALINGE GOWDA AGED ABOUT 40 YEARS, 21. S SANDESH S/O S SIDDEGOWDA AGED ABOUT 30 YEARS, 22. S SANDEEP S/O S SIDDEGOWDA AGED ABOUT 28 YEARS, - 4 - NC: 2025:KHC:15205 WP No. 1322 of 2024 23. GIRISH S/O LATE BYREGOWDA, AGED ABOUT 32 YEARS, 24. RAJANNA S/O NINGAPPA, AGED ABOUT 36 YEARS, 25. DEVAPPA S/O NINGAPPA, AGED ABOUT 43 YEARS, 26. RAJACHARI S/O SIDDACHARI, AGED ABOUT 45 YEARS, 27. PUTTASWAMACHARI S/O LATE KEMPACHARI, AGED ABOUT 55 YEARS, 28. S RAMESH S/O G LINGEGOWDA, AGED ABOUT 45 YEARS, 29. MAHADEVASWAMY S/O LATE ERAPPA, AGED ABOUT 45 YEARS, 30. SHIVANNE GOWDA S/O LATE SIDDEGOWDA H S, AGED ABOUT 50 YEARS, 31. NINGARAJEGOWDA S/O LATE SIDDEGOWDA, AGED ABOUT 36 YEARS, 32. BHAVYA W/O LATE BASAVARAJEGOWDA, AGED ABOUT 40 YEARS, - 5 - NC: 2025:KHC:15205 WP No. 1322 of 2024 33. RAVI C S/O LATE CHELUVAIAH, AGED ABOUT 43 YEARS, 34. BASAVARAJU S/O MARILKALAIAH, AGED ABOUT 50 YEARS, 35. SHIVAMMA S/O KARIGOWDA, AGED ABOUT 48 YEARS, 36. PUTTACHARI S/O SANNASOMACHARI, AGED ABOUT 50 YEARS, 37. GURUSWAMY S/O LATE SIDDACHARI, AGED ABOUT 52 YEARS, 38. MANJUNATHA S/O NINGARAJACHARI, AGED ABOUT 32 YEARS, 39. S RAMESH S/O H S SIDDESGOWDA, AGED ABOUT 35 YEARS, 40. KAMALAMMA W/O SHIVANNEGOWDA, AGED ABOUT 60 YEARS, 41. RAVI N S/O LATE NAGARAJA, AGED ABOUT 45 YEARS, 42. SHIVAKUMAR N S/O M C NAGARAJEGOWDA, AGED ABOUT 48 YEARS, - 6 - NC: 2025:KHC:15205 WP No. 1322 of 2024 43. SATISH S/O SHIVANNA, AGED ABOUT 38 YEARS, 44. SHIVAMMA W/O JAVANINGAIAH, AGED ABOUT 55 YEARS, 45. RAJANAYAKA S/O LATE KEMPANAYAKA, AGED ABOUT 65 YEARS, 46. M SIDDEGOWDA S/O MUDEGOWDA, AGED ABOUT 58 YEARS, 47. SWAMYGOWDA S/O LATE SANNAHAIDEGOWDA, AGED ABOUT 55 YEARS, 48. SWAMYGOWDA S/O SHIVANNEGOWDA, AGED ABOUT 50 YEARS, 49. VIJAYKUMAR S/O SHIVANNEGOWDA, AGED ABOUT 35 YEARS, 50. MAHESH S/O CHIKKAIAH (BUTTIGIDDA), AGED ABOUT 36 YEARS, 51. RAVI S/O KALLASIDDAIAH, AGED ABOUT 35 YEARS, 52. KUMAR N S/O NANJAIAH, AGED ABOUT 45 YEARS, - 7 - NC: 2025:KHC:15205 WP No. 1322 of 2024 53. MARAMMA W/O SANNAIAH, AGED ABOUT 70 YEARS, 54. SREEKANTA S/O CHIKKANIGEGOWDA, AGED ABOUT 35 YEARS, 55. MANU S/O SHIVANNE GOWDA, AGED ABOUT 35 YEARS, 56. DINESH S/O DASACHARI, AGED ABOUT 38 YEARS, 57. BASAVARAJEGOWDA S/O CHOWDEGOWDA, AGED ABOUT 50 YEARS, 58. VIJAY KUMAR S/O LATE CHIKKASIDDEGOWDA, AGED ABOUT 43 YEARS, 59. MALLESHA NAYAKA S/O LATE SANNA HAIDANAYAKA, AGED ABOUT 45 YEARS, 60. RAGHU B S/O BASAVEGOWDA, AGED ABOUT 30 YEARS, 61. DEVARAJE GOWDA S/O LATE MANCHE GOWDA, AGED ABOUT 60 YEARS, 62. S SIDDARAJU S/O SIDDEGOWDA H S, AGED ABOUT 38 YEARS, - 8 - NC: 2025:KHC:15205 WP No. 1322 of 2024 63. SHIVALINGEGOWDA S/O MARIGOWDA, AGED ABOUT 65 YEARS, 64. BASAVARALU L S/O LINGAPPA, AGED ABOUT 40 YEARS, 65. MAHESH S S/O SHIVANNE GOWDA, AGED ABOUT 35 YEARS, 66. SWAMY GOWDA S/O LATE H S SIDDEGOWDA, AGED ABOUT 45 YEARS, 67. RAMKRISHNE GOWDA S/O CHIKKANNEGOWDA, AGED ABOUT 41 YEARS, 68. RAMESH S/O CHIKKANNEGOWDA, AGED ABOUT 45 YEARS, ALL ARE R/AT MAVINAHALLI VILLAGE MYSURU TALUK AND DISTRICT - 570 001. …RESPONDENTS
Legal Reasoning
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R4, R6 TO R68 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2, 4 AND 5 TO CONDUCT THE ELECTION OF THE R4 SOCIETY SCHEDULE TO BE HELD ON 21.01.2024 AND TO EXCLUDE THE R6 TO R78 WHO ARE INELIGIBLE VOTERS, THOSE NAMES ARE IN ELIGIBLE VOTER LIST IN SERIAL NO. 160 TO 222 VIDE ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - NC: 2025:KHC:15205 WP No. 1322 of 2024 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of interim order had permitted the respondents No.6 to 68 who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by respondents No.6 to 68 shall be kept in separate ballot box. 2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:15205 WP No. 1322 of 2024 Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by respondents No.6 to 68. 3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. 4. In that view of the matter, I pass the following: i) ii)
Decision
ORDER The Writ Petition is disposed of. The Returning Officer in the above matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by respondents No.6 to 68 in the above matter. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative - 11 - NC: 2025:KHC:15205 WP No. 1322 of 2024 Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv) The votes cast by respondents No.6 to 68 which had been directed to be kept in a separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 32