Writ Petition No. 1485 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:5081 WP No. 1485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1485 OF 2025 (CS-EL/M) BETWEEN: 1. H K BASAVARAJU, S/O H K KEPASIDDAIAH, AGED ABOUT 65 YEARS, MEMBERSHIP NO.37. 2. LALITHAMMA, W/O H K JAYADEVAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.11. 3. H K RAJANNA S/O H K KEMPASIDDIAAH AGED ABOUT 76YEARS MEMBERSHIP NO.12. 4. B PRAMA KUMARI, W/O MOHANKUMAR, AGED ABOUT 47 YEARS, MEMBERSHIP NO.20. 5. H R VISHALAMMA, W/O RUDRASHAIAH H C, AGED ABOUT 53 YEARS, MEMBERSHIP NO.29. 6. H L RENUKAARADHAYA, S/O H K LINGAPPA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5081 WP No. 1485 of 2025 AGED ABOUT 63 YEARS, MEMBERSHIP NO.55. 7. NAGENERA H R, S/O RUDRAARADHY, AGED ABOUT 56 YEARS, MEMBERSHIP NO.57. 8. REVANASIDDAPPA, S/O RENUKAIAH, AGED ABOUT 53 YEARS, MEMBERSHIP NO.59. 9. RAJANNA, S/O BETTAIAH, AGEDA BOUT 64 YEARS, MEMBERSHIP NO.67. 10. KADARAIAH, S/O KADARAIAH, AGED ABOUT 60 YEARS, MEMBERSHIP NO.70. 11. S BASAVARAJU, S/O SIDDALINGAPPA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.86. 12. VEERABHDARAIAH, S/O MARALASIDDAIAH, AGED ABOUT 78 YEARS, MEMBERSHIP NO.91. 13. GANGAPPA H V, S/O VEERUPAKSHAIAH, GED ABOUT 64 YEARS, - 3 - NC: 2025:KHC:5081 WP No. 1485 of 2025 MEMBERSHIP NO.108. 14. RUDRAMAM, W/O H G JAYANNA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.116. 15. ANUPAMMA, W/O KEMPAIAH, AGED ABOUT 47 YEARS, MEMBERSHIP NO.121. 16. H S VEERABHADRAIAH, S/O SIDDAVEERAIAH, AGED ABOUT 80 YEARS, MEMBERSHIP NO.124. 17. MANJUNATH K, S/O KANTHAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO.137. 18. HANUMANTHAIAH, S/O NARASIMHAIAH, AGED ABOUT 48 YEARS, MEMBERSHIP NO.141. 19. NALINAMMA, W/O H S VEERUPAKSHAIAH, AGED ABOUT 57 YEARS, MEMBERSHIP NO.148. 20. NARASIMHAMURHTY, S/O KANTHAIAH, AGED ABOUT 42 YEARS, MEMBERSHIP NO.173. - 4 - NC: 2025:KHC:5081 WP No. 1485 of 2025 21. LOKKAMMA, W/O CHIKKANNA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.178. 22. PUNITH K S, S/O SIDDAPPA, AGED ABOUT 34 YEARS, MEMBERSHIP NO.185. 23. PUTTARAJU K C, S/O CHIKKARUVAIAH, AGED ABOUT 46 YEARS, MEMBERSHIP NO.197. 24. RENUKAMBA S, W/O DAYANADA, AGED ABOUT 41 YEARS, MEMBERSHIP NO.199. 25. GOWRISHANKAR, S/O VEERAPPA, AGE ABOUT 36 YEARS, MEMBERSHIP NO.201. 26. PARAVATHI, W/O VENKATESH, AGED ABOUT 45 YEARS, MEMBERSHIP NO.202. 27. DEVIKA T N, W/O BASAVARAJU, AGED ABOUT 47 YEARS, MEMBERSHIP NO.206. - 5 - NC: 2025:KHC:5081 WP No. 1485 of 2025 28. YASHODHA, W/O NARASIMHAMURTHY, AGED ABOUT 48 YEARS, MEMBERSHIP NO.210. 29. CHIKKARANGAMMA, W/O LATE NAGARAJU, AGED ABOUT 60 YEARS, MEMBERSHIP NO.215. 30. MANJUNATH, S/O GANGAIAH, AGED ABOUT 57 YEARS, MEMBERSHIP NO.502. PETITIONERS ARE THE MEMBERS OF HARALUR MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., HARALURU, GULUR HOBLI, TUMAKURU DISTRICT - 572 014. (PETITIONERS HEREIN DO NOT CLAIM THE BENEFIT UNDER SENIOR CITIZENSHIP) …PETITIONERS
Legal Reasoning
(BY SRI. PRUTHVI WODEYAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPEPRATION, M S BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRSENTED BY ITS PRICNIPAL SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K H ROAD, - 6 - NC: 2025:KHC:5081 WP No. 1485 of 2025 SHANTHINAGAR, BANGALORE - 560 027. RERPSENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, MINI VIDAN SOUDA, TUMKUR, TUMKUR DISTRICT - 572 101. KARNATAKA. 4. HARALUR MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., HARALURU, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 014. REPRSENTED BY ITS CHIEF EXECUTIVE OFFICER. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 5. THE RETURNING OFFICER, HARALURU MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., HARALURU GURLUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 014. REPRESENTED BY SMT. J K LATHA. 6. NANJAIAH, S/O LATE GARUDAIAH, AGED ABOUT 65 YEARS, R/AT HARALURU VILLAGE, GURLUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 104. (IMPLEADED AS PER THE ORDER OF THIS HON'BLE COURT DATED 04.02.2025) - 7 - NC: 2025:KHC:5081 WP No. 1485 of 2025 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R-1, R-3 AND R-5; SRI. T. L. KIRAN KUMAR., ADVOCATE FOR R-2) THIS WRIT PETITION 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 AT ANNX-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 26.01.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking to direct the respondents to include the names of the petitioners in the final eligible voter list and seeking the exercise of voting rights by setting aside the ineligible voters list. 2. This Court, by order dated 23.01.2025, passed the interim order and relevant portion of the order reads as under: - 8 - NC: 2025:KHC:5081 WP No. 1485 of 2025 "In the circumstances made out, respondent No.5 - Returning Officer is directed to permit the petitioners to cast their votes in the elections of the Managing Committee of respondent No.4 - Society, to be scheduled on 26.01.2025, which would be made subject to the final outcome of this writ petition. The cast votes of the petitioners to be kept in a separate ballot box. The announcement of the results would be made subject to further orders of this Court. Hand delivery is permitted." 3. The petitioners have participated in the election and cast their votes. 4. The petitioners contend that respondent No.4- society has failed to comply with the mandate prescribed under the provision of the Rule 13-D (2-A) of the Karnataka Co-operative Societies Rules, 1960 (‘the Rules’ for short) and inclusion of the petitioners in the ineligible list is arbitrary, illegal and unsustainable. 5. Learned counsel for the impleading applicant contends that respondent No.4 and 5 have complied all the provisions including Section 20(2) (a-iv) of the - 9 - NC: 2025:KHC:5081 WP No. 1485 of 2025 Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short) and Rule 13-D (2-A) of the Rules by giving 195 days prior notice to all the petitioners. 6. It is stated that by virtue of the interim order of this Court, the petitioners have cast their votes and the cast votes are kept in a separate ballot Box. 7. Though the learned counsel for the impleading applicant has raised several contentions, such aspects involve disputed questions of fact, which cannot be adjudicated in writ proceedings which have to be adjudicated before the appropriate authority under section 70 of the Act, and this Court pass the following:
Decision
ORDER i. The Returning Officer is directed to count and announce the results of the election, which was scheduled on 26.01.2025 by including the vote cast by the petitioners and keep the votes in a separate Ballot Box. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing a Election - 10 - NC: 2025:KHC:5081 WP No. 1485 of 2025 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.4-Society. iv. All 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 AMA List No.: 1 Sl No.: 13