Writ Petition No. 984 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4794 WP No. 984 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 984 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. 7. 8. SRI. SHIVAKUMAR S/O CHENNAPPA AGED ABOUT 58 YEARS SMT. VENKATARAJAMMA W/O SRINIVASAIAH AGED ABOUT 60 YEARS SMT. LALITHAMMA W/O G V RAGHAVENDRA AGED ABOUT 55 YEARS SMT. RADHA W/O RAMESH C AGED ABOUT 30 YEARS SMT. SUMATHI W/O SRINIVAS R AGED ABOUT 50 YEARS SMT. NETHRAVATHI R W/O LOKESHGOWDA AGED ABOUT 35 YEARS SMT. PAVITHRA L W/O HARISH K K AGED ABOUT 38 YEARS SRI PRASHANTH S/O MADHUREGOWDA AGED ABOUT 38 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4794 WP No. 984 of 2025 9. SMT. BHAGYA W/O K A NARENDRA AGED ABOUT 50 YEARS 10. SMT. MALA S R W/O RAJA N AGED ABOUT 38 YEARS 11. SRI MUTHURAJ N S/O NAGARAJ R AGED ABOUT 30 YEARS 12. SRI MARUTHI A S/O VENKATAGIRIYAPPA AGED ABOUT 56 YEARS 13. SRI RAJA N S/O T NARAYANAPPA AGED ABOUT 52 YEARS 14. SRI UMASHANKAR V S/O VASANTHAPPA N AGED ABOUT 30 YEARS 15. SRI SRINIVAS MURTHY S S/O SURYANARAYANA RAO P L AGED ABOUT 50 YEARS 16. SMT. M GOWRAMMA W/O K N NAGARAJ AGED ABOUT 58 YEARS 17. SMT. R RASHMI W/O G H RAMANJINAPPA AGED ABOUT 30 YEARS 18. SRI SHANKARAPPA S/O MUNISWAMAPPA AGED ABOUT 61YEARS 19. SMT. SHAKUNTHALA C W/O RAMEGOWDA AGED ABOUT 46 YEARS - 3 - NC: 2025:KHC:4794 WP No. 984 of 2025 20. SMT. UDAYAVANI W/O DASA A AGED ABOUT 40 YEARS 21. SRI K N MANJUNATH S/O NARAYANA RAO AGED ABOUT 40 YEARS 22. SRI GIRI K S S/O NAGARAJ K N AGED ABOUT 35 YEARS 23. SMT. JAYALAKSHMI W/O ANANDA RAJU AGED ABOUT 60 YEARS 24. SRI NARAYANAPPA K N S/O DODDA NARASIMHAIAH AGED ABOUT 62 YEARS 25. SMT. B K PARIJATHA W/O MUNIRAJU S AGED ABOUT 58 YEARS 26. SMT. SUNITHA BALMURALIKRISHNA W/O BALAMURALIKRISHNA AGED ABOUT 40 YEARS 27. SRI LAKSHMINARAYANA S/O NARASIMHAIAH AGED ABOUT 43 YEARS 28. SMT. SAMPANGAMMA W/O LATE KRISHNAPPA AGED ABOUT 70 YEARS 29. SMT. PRAMILA W/O LATE KRISHNAMURTHY AGED ABOUT 55 YEARS 30. SMT. AMMAIAH (ASHA) W/O RAMESH K M AGED ABOUT 60 YEARS - 4 - NC: 2025:KHC:4794 WP No. 984 of 2025 31. SMT. ANASUYA W/O K V VENKATESH AGED ABOUT 63 YEARS 32. SMT. K R NAGAMANI W/O SONNEGOWDA AGED ABOUT 60 YEARS
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 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? 1 ILR 2024 KAR 1901 - 31 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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) 6. 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: (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 - 32 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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:
Arguments
33. SRI K VIJAYAKUMAR S/O SUNDARESH AGED ABOUT 37 YEARS 34. SMT. JAYALAKSHMI W/O NAGARAJ R AGED ABOUT 60 YEARS 35. SRI VENKATESH R S/O RAMASWAMY AGED ABOUT 62 YEARS 36. SRI HARISH K S/O KARIYAPPA AGED ABOUT 43 YEARS 37. SRI KODANDARAMA N S/O NARAYANASWAMY AGED ABOUT 62 YEARS 38. SRI C VENUGOPAL S/O CHENNAPPA AGED ABOUT 44 YEARS 39. SRI K MUNIKRISHNA S/O LATE KRISHNAPPA AGED ABOUT 60 YEARS 40. SMT. SARASWATHAMMA W/O H KRISHNAPPA AGED ABOUT 78 YEARS 41. SMT. RATHNAMMA T K W/O KARIYAPPAGOWDA AGED ABOUT 62 YEARS - 5 - NC: 2025:KHC:4794 WP No. 984 of 2025 42. SRI K DILIP KUMAR S/O KARIYAPPA AGED ABOUT 38 YEARS 43. SRI G T KRISHNAMURHTY S/O THAMMAIACHAR AGED ABOUT 62 YEARS 44. SMT. Y G LALITHA W/O G T KRISHNAMURHTY AGED ABOUT 60 YEARS 45. SRI. MUNIKRISHNAPPA S/O MUNISWAMAPPA AGED ABOUT 65 YEARS 46. SRI PRAVEEN K R S/O RAMAKRISHNA AGED ABOUT 46 YEARS 47. SMT. LALITHAMMA W/O LATE MUNIENKATAPPA AGED ABOUT 68 YEARS 48. SRI LAKSHMINARAYANA S/O LATE MUNIVENKATAPPA AGED ABOUT 47 YEARS 49. SMT. SUSEELAMMA W/O C BASAVARAJU AGED ABOUT 65 YEARS 50. SRI. SRINIVAS R S/O RAMASWAMAPPT AGED ABOUT 58 YEARS 51. SRI MANJUNATH S/O RAMAKRISHNAPPA AGED ABOUT 35 YEARS 52. SRI CHOWDAPPA S/O KADIRAPPA AGED ABOUT 33 YEARS - 6 - NC: 2025:KHC:4794 WP No. 984 of 2025 53. SRI MURTHY S/O LAKSHMANNA AGED ABOUT 30 YEARS 54. SRI SRINIVAS S/O MUNIYAPPA AGED ABOUT 30 YEARS 55. SRI MAHESH KUMAR S/O GANGABAILAPPA AGED ABOUT 30 YEARS 56. SRI SANKARA S/O MAREPPA AGED ABOUT 32 YEARS 57. SRI MANJUNATH S/O HANUMANTHARAYAPPA AGED ABOUT 40 YEARS 58. SRI NAVEEN K S/O KARIYAPPA AGED ABOUT 30 YEARS 59. SRI SRIDHAR S/O HANUMANTHARAYAPPA AGED ABOUT 38 YEARS 60. SRI. RAJA S/O NARAYANAPPA AGED ABOUT 45 YEARS 61. SRI. NARASIMHASWAMY R S'/O RAMANJINAPPA AGED ABOUT 50 YEARS 62. SRI ANILKUMAR S/O MOTAPPA AGED ABOUT 44 YEARS 63. SRI MUNIRAJU A S/O ANNAPPA AGED ABOUT 55 YEARS - 7 - NC: 2025:KHC:4794 WP No. 984 of 2025 64. SRI MADHU SO SHAMANNA AGED ABOUT 55 YEARS 65. SMT. CHAITHRA SREE P N WO ASHOK AGED ABOUT 30 YEARS 66. SMT. AMARAVATHI W/O LATE SRINIVAS K R AGED ABOUT 58 YEARS 67. SMT. RATHNAMMA W/O K.A. ANAND AGED ABOUT 40 YEARS 68. SMT. LAKSHMI R W/O RAJU N AGED ABOUT 38 YEARS 69. SMT. HAMSAKUMARI VENKATESH W/O K G VENKATESH AGED ABOUT 60 YEARS 70. SMT. JAYALAKSHMI W/O G NARAYAN AGED ABOUT 62 YEARS 71. SRI B MUNIRAJU S/O BAILAPPA AGED ABOUT 35 YEARS PETITIONERS No.1 TO 71 ARE R/A KODIGEHALLI, YELAHANKA TALUK BANGALORE 560 092 72. SRI SATHYANARAYANA M S/O MUNISAMAPPA AGED ABOUT 50 YEARS 73. SRI MURALI S/O LATE NARAYANASWAMY AGED ABOUT 40 YEARS - 8 - NC: 2025:KHC:4794 WP No. 984 of 2025 74. SMT. BHAGYAMMA W/O NARAYANASWAMY AGED ABOUT 60 YEARS 75. SMT. PREMA NAGARAJU W/O NAGARAJU AGED ABOUT 62 YEARS 76. SRI NAGARAJU S/O LATE D MUNISAMAPPA AGED ABOUT 65 YEARS 77. SMT. KAMALAMMA W/O BALARAM AGED ABOUT 58 YEARS 78. SRI N BALARAM W/O LATE NANJUNAPPA AGED ABOUT 63 YEARS 79. SRI NARAYANASWAMY G S/O GUNDAPPA AGED ABOUT 58 YEARS 80. SRI SRIDHAR MURTHY S/O V KRISHNAPPA AGED ABOUT 48 YEARS 81. SMT. CHENNAMMA W/O JAYARAMAPPA AGED ABOUT 65 YEARS 82. SMT. SARADAMMA W/O MANJUNATH P AGED ABOUT 58 YEARS 83. SRI SASIDAR S/O APPAJIGOWDA AGED ABOUT 40 YEARS 84. SRI T H RUDREGOWDA S/O HANUMEGOWDA AGED ABOUT 45 YEARS - 9 - NC: 2025:KHC:4794 WP No. 984 of 2025 85. SMT. KEMPAMMA W/O HANUMAIAH AGED ABOUT 60 YEARS 86. SRI C HANUMAIAH S/O MUNIYAPA AGED ABOUT 55 YEARS 87. SRI B SIVANNA S/O BAYANNA AGED ABOUT 60 YEARS 88. SMT. S PRAMEELA W/O B .SIVANNA AGED ABOUT 55 YEARS 89. SRI BHARATH T S S/O B SIVANNA AGED ABOUT 30 YEARS 90. SMT. CHAITHRA W/O T S BHARATHKUMAR AGED ABOUT 26 YEARS 91. SRI T S MANJUNATH S/O B SIVANNA AGED ABOUT 28 YEARS 92. SRI AVITH KUMAR T S S/O B SIVANNA AGED ABOUT 25 YEARS 93. SRI NANJAPPA T N S/O MUNISAMAPPA AGED ABOUT 62 YEARS 94. SRI A MANJUNATH S/O APAPYYANNA AGED ABOUT 45 YEARS 95. SRI SRINIVAS V S/O VENKATEGOWDA AGED ABOUT 42 YEARS - 10 - NC: 2025:KHC:4794 WP No. 984 of 2025 96. SRI C BYREGOWDA S/O CHIKKARUDRAPPA AGED ABOUT 40 YEARS 97. SRI SUBBEGOWDA S/O V NARAYANAPPA AGED ABOUT 45 YEARS 98. SRI HARISH T R S/O RAMANNA AGED ABOUT 40 YEARS 99. SMT. H ASHA W/O C R ANANAMURHTY AGED ABOUT 30 YEARS 100. SRI R ARUN S/O T N PRABHAKAR AGED ABOUT 30 YEARS 101. SRI R NANJAPPA S/O LATE RAMAKRISHNAPPA AGED ABOUT 60 YEARS 102. SMT. MANJAMMA W/O VENKATESH AGED ABOUT 40 YEARS 103. SRI APPAJIGOWDA S/O HANUMEGOWDA AGED ABOUT 38 YEARS 104. SRI KIRANKUMAR S/O RAJGOPAL AGED ABOUT 30 YEARS 105. SRI T M VENKATESH S/O MUNISAMAPPA AGED ABOUT 65 YEARS 106. SRI T K CHOWDEGOWDA S/O T N KRISHNAPPA AGED ABOUT 48 YEARS - 11 - NC: 2025:KHC:4794 WP No. 984 of 2025 PETITIONERS No.72 TO 106 ARE R/A THINDLU, YELAHANKA TALUK BANGALORE 560 097 107. SRI. R. RAMESH S/O LATE M RANGAPPA AGED ABOUT 45 YEARS 108. SRI D S JANARDHAN S/O B N SRINIVASMURHTY AGED ABOUT 45 YEARS 109. SRI MANJUNATH S/O NARAYANAPPA AGED ABOUT 40 YEARS 110. SRI VENKATESH S/O THIMMARAYAPPA AGED ABOUT 40 YEARS 111. SMT. JAYAMMA W/O VENKATESH AGED ABOUT 35 YEARS 112. SRI B S PUTTARAJU S/O SIDDAPPA AGED ABOUT 55 YEARS 113. SRI B S LAKSHMIPATHI S/O SIDDAPPA AGED ABOUT 47 YEARS 114. SMT. GOWRAMMA B S W/O KESAVAMURTHY AGED ABOUT 42 YEARS 115. SRI ESWAR H S/O HANUMANTHAPPA AGED ABOUT 40 YEARS 116. SRI. NAGESH R S/O RAMACHANDRA AGED ABOUT 40 YEARS - 12 - NC: 2025:KHC:4794 WP No. 984 of 2025 117. SMT. CHAYARANI K N W/O PUTTARAJU AGED ABOUT 35 YEARS 118. SRI P C MUNIRAJU S/O CHENNAPPA AGED ABOUT 40 YEARS 119. SRI K S RAMEGOWDA S/O SHAMANNA AGED ABOUT 50 YEARS 120. SRI S NAVEEN S/O SAMPANGIRAMAIAH AGED ABOUT 35 YEARS 121. SRI NARASIMHAMURHTY H S/O HANUMANTHAPPA AGED ABOUT 45 YEARS 122. SMT. N VASANTHA W/O SURESH AGED ABOUT 40 YEARS 123. SMT. N BHARATHI W/O MURTHY AGED ABOUT 38 YEARS 124. SRI MANJUNATH R S/O RAJANNA AGED ABOUT 35 YEARS 125. SRI RAVI P. S/O PADMANABHAIAH AGED ABOUT 43 YEARS 126. SRI H M VENKATARAJU S/O HANUMAIAH AGED ABOUT 40 YEARS 127. SRI B A GOVINARAJU S/O ASWARTHAPPA AGED ABOUT 40 YEARS - 13 - NC: 2025:KHC:4794 WP No. 984 of 2025 128. SRI. G RAMESH S/O GOVINDA RAO AGED ABOUT 45 YEARS 129. SRI SRINIVAS N S/O NANJAPPA AGED ABOUT 42 YEARS 130. SRI J BALAKONDAIAH S/O CHENNAIAH AGED ABOUT 50 YEARS 131. SRI G SREERAMULU S/O CHENNIAHA AGED ABOUT 47 YEARS 132. SRI MALYADRI J S/O CHENNNAIAH AGED ABOUT 40 YEARS 133. SRI THIRUPAL N S/O NARAYANAPPA AGED ABOUT 45 YEARS 134. SRI SHEKAR P S S/O PENCHALAYYA AGED ABOUT 45 YEARS 135. SRI M V MUTHURAJ S/O VENKATAIAH AGED ABOUT 45 YEARS 136. SRI B K MAHESH S/O KODANDARAMAIAH AGED ABOUT 40 YEARS 137. SMT. MUNIRATHNA W/O VENKATARAMANA AGED ABOUT 40 YEARS 138. SRI RAMESH S/O NARASIAHA AGED ABOUT 42 YEARS - 14 - NC: 2025:KHC:4794 WP No. 984 of 2025 139. SRI C D PAPEGOWDA S/O KALEGOWDA AGED ABOUT 45 YEARS PETITIONERS No.107 TO 139 ARE R/A DODDABOMMASANDRA, YELAHANKA TALUK BANGALORE 560 097 140. SRI M JAYARAM S/O Y MUNIYAPPA AGED ABOUT 58 YEARS R/O GUDDAHALLI 141. SRI GOPALAIAH S/O LAT M PUTTAIAH AGED ABOUT 58 YEARS 142. SRI S P GIRISH S/O S N BAHANNA AGED ABOUT 48 YEARS 143. SMT. R. BHAGYALAKSHMI W/O ANANDAKUMAR AGED ABOUT 55 YEARS 144. SRI H A SIVASHANKAR S/O H ANJINAPPA AGED ABOUT 50 YEARS 145. SMT MAHADEVAMMA W/O MUNIRAJU AGED ABOUT 40 YEARS 146. SMT. B LATHA W/O S A MUNISWAMY AGED ABOUT 40 YEARS 147. SMT. DURGAMMA W/O KRISHNAPPA AGED ABOUT 48 YEARS 148. SMT. NEELAMMA H D/O HANUMANTHAPPA AGED ABOUT 35 YEARS - 15 - NC: 2025:KHC:4794 WP No. 984 of 2025 149. SMT. RASHMI RAJ W/O GOVINDARAJU S R AGED ABOUT 40 YEARS 150. SRI GOVINDARAJU S R S/O A RAJANNA AGED ABOUT 45 YEARS PETITIONERS No.140 TO 150 ARE R/A SAMPIGEHALLI, YELAHANKA TALUK BANGALORE 560 064 151. SMT. LAKSHMIDEVAMMA W/O B ANJINAPPA AGED ABOUT 58 YEARS 152. SRI . A. MANJESH S/O B ANJINAPPA AGED ABOUT 35 YEARS 153. SRI DELIPKUMAR N S/O NARAYANSWAMY V AGED ABOUT 42 YEARS 154. SRI. S VIVEKANANDA S/O NARAYANASWAMY N AGED ABOUT 40 YEARS 155. SMT. KAVITHA S/O S. VIVEKANANDA AGED ABOUT 35 YEARS 156. SRI. AMARESH S/O VENKATESH B AGED ABOUT 38 YEARS 157. SMT. VANITHA S/O NARAYANASWAMY N AGED ABOUT 35 YEARS 158. SMT. NETHRAVATHI W/O VENKATEGOWDA AGED ABOUT 35 YEARS - 16 - NC: 2025:KHC:4794 WP No. 984 of 2025 159. SRI. VINAY MURALIRAJ S/O THIMMARAYAPPA AGED ABOUT 30 YEARS PETITIONERS No.151 TO 159 ARE R/AT SRIRAMPURA, YELAHANKA TALUK BANGALORE 560 064 160. SRI J RAVINDRANATH S/O LATE H JAYAKRISHNA AGED ABOUT 68 YEARS 161. SMT. N. PRAMEELA W/O J RAVINDRANATH AGED ABOUT 62 YEARS 162. SRI. R KISHAN S/O J . RAVINDRANATH AGED ABOUT 38 YEARS 163. SRI RAVIKUMAR J S/O JAYARAM AGED ABOUT 49 YEARS 164. SMT. S JAYAMMA W/O SHANKARAPPA AGED ABOUT 69 YEARS 165. SMT. JAYALAKSHMI D/O KRISHNAPPA AGED ABOUT 50 YEARS 166. SRI. RANGASWAMY S/O BACHEGOWDAW AGED ABOUT 59 YEARS 167. SMT. NEELAMMA W/O RAGNASWAMY AGED ABOUT 52 YEARS 168. SRI. C PAPANNA S/O CHENNARAYAPPA AGED ABOUT 81 YEARS - 17 - NC: 2025:KHC:4794 WP No. 984 of 2025 169. SRI KESVAMURTHY S/O CHENNARAYAPPA AGED ABOUT 51 YEARS 170. SRI CHENNARAYASWAMY S/O MUNIRAMAPPA AGED ABOUT 81 YEARS 171. SMT. A LALITHA W/O NEELAPPA L T AGED ABOUT 55 YEARS 172. SRI AMARANARAYANASWAMY S/O HANUMANTHAPPA AGED ABOUT 71 YEARS 173. SMT. ANASUYA W/O AMARANARAYANASWAMY AGED ABOUT 69 YEARS 174. SRI J R HARISH S/O LATE D RAMAIAH AGED ABOUT 61 YEARS 175. SRI ANILKUMAR S/O JAYANNA AGED ABOUT 46 YEARS 176. SRI HANUMAIAH S/O MUNISHAMAPPA AGED ABOUT 73 YEARS 177. SRI J N MAHESH S/O D NARAYANAPPA AGED ABOUT 51 YEARS 178. SRI. N SUNIL KUMAR S/O S NAGARAJ AGED ABOUT 49 YEARS 179. SMT. VASANTHAMMA W/O HANUMAIAH AGED ABOUT 72 YEARS - 18 - NC: 2025:KHC:4794 WP No. 984 of 2025 180. SMT. YASODAMMA S W/O MOHAN J H AGED ABOUT 43 YEARS 181. SRI. J S DEVARAJU S/O SHAMANNA AGED ABOUT 73 YEARS 182. SMT. SARASWATHI S/O J S DEVARAJU AGED ABOUT 71 YEARS 183. SMT. J D ARUNA W/O DEVARAJ J S AGED ABOUT 51 YEARS 184. SMT. VANI S/O ARUNKUMAR AGED ABOUT 49 YEARS 185. SMT. R. SHILPA W/O SUBBEGOWA K AGED ABOUT 45 YEARS 186. SMT. KRISHNAVENI T V W/O N RAJANNA AGED ABOUT 65 YEARS 187. SRI APPAYYANNA S/O MARENNA AGED ABOUT 70 YEARS 188. SMT. LAKSHMAMMA W/O APPAYYANNA AGED ABOUT 68 YEARS 189. SMT. PUSHPA W/O M GOPAL AGED ABOUT 63 YEARS 190. SRI JAGADESH N S/O H NANJUNDAPPA AGED ABOUT 48 YEARS - 19 - NC: 2025:KHC:4794 WP No. 984 of 2025 191. SRI KIRANKUMAR S/O LATE B NAGARAJ AGED ABOUT 48 YEARS 192. SMT. NAVYA K N W/O MANOJKUMAR AGED ABOUT 42 YEARS 193. SRI J K JAGADESH S/O LATE J M KRISHNAPPA AGED ABOUT 69 YEARS 194. SRI L T NEELAPPA S/O THIMMAPPAGOWDA AGED ABOUT 65 YEARS 195. SMT. KANTHAMMA W/O N. RAJANNA AGED ABOUT 62 YEARS 196. SRI. ASHOK KUMAR R S/O LATE RAJANNA AGED ABOUT 49 YEARS 197. SMT. H M SUDHA W/O MUNIREDDY AGED ABOUT 50 YEARS 198. SRI NANDAKUMAR J S/O LATE JAYARAM AGED ABOUT 52 YEARS 199. SRI. ARUMKUMAR M S/O MUNIANJINAPPA AGED ABOUT 41 YEARS 200. SMT. POOJA W/O ARUNKUMAR AGED ABOUT 47 YEARS 201. SRI J MUNISWAMY GOWDA S/O LATE JAYARAM AGED ABOUT 70 YEARS - 20 - NC: 2025:KHC:4794 WP No. 984 of 2025 202. SMT. K PRAMEELA W/O R. SUBRAMANI AGED ABOUT 66 YEARS 203. SMT. SAILAJA W/O RAGHUNATH M AGED ABOUT43 YEARS 204. SRI RAVIKUMAR J S/O JAYARAMEGOWDA AGED ABOUT 50 YEARS 205. SMT. PREMA N W/O N ANJINEGOWDA AGED ABOUT 65 YEARS 206. SRI NITHIN S/O ANJINEGOWDA AGED 36 YEARS 207. SMT. RASHMI P D/O ANJINEGOWDWA AGED ABOUT 30 YEARS 208. SRI. MANJUNATHA M S/O MUNIRAJAPPA AGED ABOUT 54 YEARS 209. SMT. AMBIKA W/O MANJUNATHA AGED ABOUT 47 YEARS 210. SRI A ANILKUMAR S/O A. APPANNA AGED ABOUT 52 YEARS 211. SRI A RAJESH S/O A. APPANNA AGED ABOUT 51 YEARS PETITIONERS No.160 TO 211 ARE - 21 - NC: 2025:KHC:4794 WP No. 984 of 2025 R/AT JAKKUR, YELAHANKA TALUK BANGALORE 560 064. 212. SRI K K RAGHAVENDRA S/O KRISHNAPPA AGED ABOUT 47 YEARS R/O KODIGEHALLI, YELAHANKA TALUK BANGALORE URBAN DIST BANGALORE 560 092 …PETITIONERS (BY SRI. PRAKASH SHETTY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING, DR. B R AMBEDKAR VEEDHI BENGALURU 560 001 REP. BY ITS SECRETARY. 2. BYATARAYANAPURA PRIMARY AGRCULTURAL PRODUCERS CO-OPERATIVE SOCIETY LTD., BYATARAYANAPURA YELAHANKA TALUK BENGALURU 560 092 REP. BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC 'A' BLOCK, SHANTHI NAGAR BENGALURU 560 027 REP. BY ITS SECRETARY. 4. RETURNING OFFICER AND ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES BYATARAYANAPURA PRIMARY AGRICULTURAL PRODUCERS CO-OPERATIVE SOCIETY LTD., BYATARAYANAPURA, YELAHANKA TALUK BENGALURU 560 092. 5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELETION OFFICER - 22 - NC: 2025:KHC:4794 WP No. 984 of 2025 BENGALURU DIVISION 8TH CROSS, MALLESHWARAM BENGALURU 560 004. (BY SRI. YOGESH D. NAIK, AGA FOR R1, R4 & R5; SRI. T. L. KIRAN KUMAR, ADV. FOR R3; SRI. T. DADAKHALANDAR, ADV. FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO ISSUE OF THE CALENDAR OF EVENTS BY R-4 DATED 01.01.2025; DIRECT THE R-2 TO 5 TO PREPARE VOTER LIST OF R-2 SOCIETY FOR THE YEAR 2025-2030 IN ACCORDANCE WITH LIST OF MEMBERS WITHOUT INSISTING UNDER SEC 20 (2) (a-iv) (a-v) OF THE ACT; DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO VOTE IN UPCOMING ELECTION OF THE BOARD OF DIRECTORS FOR THE TERM 2024-2025 TO 2029-2030 OF THE R-2 SOCIETY AS PER ANNX-A OF CALENDAR OF EVENTS DTD. 01.01.2025 ISSUED BY THE R-4. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 23 - NC: 2025:KHC:4794 WP No. 984 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners are seeking to direct respondents 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.2-Society, which was scheduled to be held on 19.01.2025. 2. This Court, by way of interim arrangement on 17.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 19.01.2025 to the Board of Directors of respondent No.2-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. 4. Rule 13-D of the KCS Rules, 1960 reads as under: - 24 - NC: 2025:KHC:4794 WP No. 984 of 2025 “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. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– - 25 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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 acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. - 26 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; - 27 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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; (b) the admission number, the name of the society, the name of the delegate proposed to - 28 - NC: 2025:KHC:4794 WP No. 984 of 2025 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 (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 - 29 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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; (i) Date and time of counting and declaration of results.” - 30 - NC: 2025:KHC:4794 WP No. 984 of 2025 5.
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 - 33 - NC: 2025:KHC:4794 WP No. 984 of 2025 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.” 7. Section 70 of the KCS Act, 1959 reads as under: “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 - 34 - NC: 2025:KHC:4794 WP No. 984 of 2025 (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. (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 - 35 - NC: 2025:KHC:4794 WP No. 984 of 2025 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 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 - 36 - NC: 2025:KHC:4794 WP No. 984 of 2025 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” 8. 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 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 - 37 - NC: 2025:KHC:4794 WP No. 984 of 2025 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.2-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing an 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.2- Society. iv. All contentions of the parties are kept open. - 38 - NC: 2025:KHC:4794 WP No. 984 of 2025 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 AT LIST; 1 SL.NO.22