Writ Petition No. 1682 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6143 WP No. 1682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1682 OF 2025 (CS-EL/M) BETWEEN: 1. T S DHANANJEYA S/O SIDDAPPA AGED ABOUT 52 YEARS, SHARE NO 2770 2. MS VEERAPAKSHAISH S/O B M SHARANAIAH AGED ABOUT 59 YEARS, SHARE NO 2971 3. T C VIRESH S/O T S CHANDRAPPA AGED ABOUT 61 YEARS, SHARE NO 4135 4. T.S KUMAR S/O SIDDAPPA T AGED ABOUT 60 YEARS SHARE NO 2598 5. T R SIDDAJIRAO S/O RAMACHANDRAPPA A GED ABOUT 51 YEARS, SHARE NO56 6. P JAYAPPA S/O PUTTAPPA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6143 WP No. 1682 of 2025 AGED ABOUT 59 YEARS SHERE NO 1118 7. H M CHANDRAPPA S/O MALLAPPA AGED ABOUT 45 YEARS SHARE NO 2467 8. SAROJAMMA W/O LATE GS VIRESH AGED ABOUT 68 YEARS SHARE NO 3148 9. LAKSHAMAMMA S/O ARJUNAPPA AGED ABOUT 52 YEARS SHARE NO 4282 10. ABDUL SAAB S/O PHIRSAAB AGED ABOUT 45 YEARS SHARE NO 687 11. G M PRAKASH S/O MAHESHWARAPPA AGED ABOUT 61 YEARS SHARE NO2575 12. NAGAPPA S/O THIMMABHOVI AGED ABOUT 58 YEARS SHARE NO.3433 13. KAJAVALI S/O PHIRSAAB AGED ABOUT 45 YEARS - 3 - NC: 2025:KHC:6143 WP No. 1682 of 2025 SHARE NO 495 14. B PARAMESHWARAPPA S/O BHJIMAPPA AGED ABOUT 59 YEARS SHARE NO552 15. M GEETHA W/O MH MALLESHAPPA AGED ABOUT 58 YEARS SHARE NO 1315 16. MS GNANESHWARA S/O M SIDDAPPA AGED ABOUT 55 YEARS SHARE NO 53 17. SIDDAMMA W/O NABHADRAPPA AGED ABOUT 63 YEARS SHARE NO 801 18. TP RAMESH S/O PARAMESHWARAPPA AGED ABOUT 60 YEARS SHARE NO 3881 19. PV RAMIAH S/O BASAPPA AGED ABOUT 59 YEARS SHARE NO 48 20. NEELAMMA W/O BASAPPA AGED ABOUT 63 YEARS SHARE NO 3905 - 4 - NC: 2025:KHC:6143 WP No. 1682 of 2025 21. MR ESHWARAPPA S/O MUDOGOWDER RAMAPPA AGED ABOUT 59 YEARS SHARE NO 308 22. HP NAGENDRAPPA S/O PARVATHAPPA AGED ABOUT 40 YEARS SHARE NO 1574 23. SAVITHRAMMA W/O LATE M YOMAKESHAVAIAH AGED ABOUT 55 YEARS SHARE NO 3155 24. MR RUDRESHAIAH S/O M YOMAKESHAVAIH AGED ABOUT 66 YEARS SHARE NO 2967 25. M Y VIRESHAIAH S/O M YOMAKESHAVAIH AGED ABOUT 50 YEARS SHARE NO 2168 26. C ESHAWARIAH S/O CHANNABASAIAH AGED ABOUT 62 YEARS SHARE NO 2976 27. RAJAPPA S/O DASAPPA AGED ABOUT 52 YEARS SHARE NO 1930 - 5 - NC: 2025:KHC:6143 WP No. 1682 of 2025 28. N YOGESHAPPA S/O N NAJAPPA AGED ABOUT 45 YEARS SHARE NO 219 29. G P GURUPRASAD S/O G M PARAMESWARAPPA AGED ABOUT 55 YEARS SHARE NO 1518 30. G M PARAMESHWARAPPA S/O G MALLAPPA AGED ABOUT 65 YEARS SHARE NO 55 31. B BASAVARAJAPPA S/O BHARAMAPPA AGED ABOUT 70 YEARS SHARE NO 4098 32. BHADRAMMA W/O ESHARAPPA AGED ABOUT 63 YEARS SHARE NO 989 33. MR GURUNANJAIAH S/O RUDRAIAH AGED ABOUT 50 YEARS SHARE NO 1496 34. K SWAMY S/O KALIYAPPA AGED ABOUT 45 YEARS SHARE NO 2829 - 6 - NC: 2025:KHC:6143 WP No. 1682 of 2025 35. M THIRTHAIAH S/O DUVEERAPPA AGED ABOUT 68 YEARS SHARE NO 2971 36. M C DEVENDRAIAH S/O M CHANDRAIAH AGED ABOUT 66 YEARS SHARE NO 2970 37. M C KUMARAIAH S/O M CHANDRAIAH AGED ABOUT 67 YEARS SHARE NO 1735 38. M C CHINNAIAH S/O CHANNABASAIAH AGED ABOUT 55 YEARS SHARE NO 2723 39. P E PARAMESHWARAPPA S/O ISHARAPPA AGED ABOUT 50 YEARS SHARE NO 5 40. T B SURESH S/O T K BASAVANNYAPPA AGED ABOUT 50 YEARS SHARE NO 4237 41. T B MAHESH S/O T K BASVANNYAPPA AGED ABOUT 80 YEARS SHARE NO 4238 - 7 - NC: 2025:KHC:6143 WP No. 1682 of 2025 42. T S PALAKSHAIAH S/O SHIVALINGAIAH AGED ABOUT 51 YEARS SHARE NO 42 43. T S CHENNABASAIAH S/O SHIVALIANGAIAH AGED ABOUT 59 YEARS SHARE NO 43 44. T S HALIAH S/O SHIVALINGAIAH AGED ABOUT 58 YEARS SHARE NO 44 45. T B MALLIKARJUNA S/O T K BASAVANYAPPA AGED ABOUT 51 YEARS SHARE NO 4221 46. T M NADYAPPA S/O MALLAPPA AGED ABOUT 50 YEARS SHARE NO 38 47. T K BASAVANYAPPA S/O KALLAPPA AGED ABOUT 50 YEARS SHARE NO 3 48. T M CHANDRAPPA S/O MALLESHAPPA AGED ABOUT 45 YEARS SHARE NO 4225 - 8 - NC: 2025:KHC:6143 WP No. 1682 of 2025 49. KALPANA S/O K R MANJUNATHA AGED ABOUT 56 YEARS SHARE NO 1230 50. R H RAJAPPA S/O H RAMAPPA AGED ABOUT 59 YEARS SHARE NO 2132 51. H M NAGENDRAPPA S/O MAHADEVAPPA AGED ABOUT 56 YEARS SHARE NO 4215 52. H V CHANDRASHEKARA S/O HS BASDAVARAJAPPA AGED ABOUT 55 YEARS SHARE NO 2645 53. N MANJUNATHA S/O N NAJAPPA AGED ABOUT 49 YEARS SHARE NO 310 54. M N SHIVARUDRAMMA W/O LR ESHWARAIAH AGED ABOUT 58 YEARS SHARE NO 769 55. M N MAHARUDRAIAH S/O M NAVILAPPA AGED ABOUT 56 YEARS SHARE NO 117 - 9 - NC: 2025:KHC:6143 WP No. 1682 of 2025 56. N KUMAR S/O N NANJAPPA AGED ABOUT 56 YEARS SHARE NO 307 57. M E BASAVARAJAPPA S/O ESHWARAPPA AGED ABOUT 41 YEARS SHARE NO 45 58. M B MALLIKARJUNA S/O M BASAPPA AGED ABOUT 56 YEARS SHARE NO 116 59. M S PALAKSHA S/O M SIDDAPPA AGED ABOUT 45 YEARS SHARE NO 54 60. M NADAN S/O MH MALLESHAPPA AGED ABOUT 51 YEARS SHARE NO 2749 61. KOUSALYA BV S/O MB LABODARA AGED ABOUT 60 YEARS SHARE NO 3934 62. M N SURESHA S/O M NANJUNDAPPA AGED ABOUT 56 YEARS SHARE NO 354 - 10 - NC: 2025:KHC:6143 WP No. 1682 of 2025 63. M C MAHENDRA S/O CHENNABASAPPA AGED ABOUT 51 YEARS SHARE NO 1005 64. BASAPPA S/O MALLAPA AGED ABOUT 51 YEARS SHARE NO 47 65. M S SHADAKSHARAPPA S/O SIDDAPPA AGED ABOUT 56 YEARS SHARE NO 50 66. M E MALLESHA S/O ESHWARAPPA AGED ABOUT 40 YEARS SHARE NO 51 67. PARAVATHAMMA W/O M H PARAMESHAPPA AGED ABOUT 56 YEARS SHARE NO 312 68. M KUMARSWAMY S/O M MAHADEVA AGED ABOUT 50 YEARS SHARE NO 469 69. GIRIJAMMA W/O BASAVARAJAIAH AGED ABOUT 56 YEARS SHARE NO 478 - 11 - NC: 2025:KHC:6143 WP No. 1682 of 2025 70. S VERARAGHAVALU S/O SUBBARAO AGED ABOUT 56 YEARS SHARE NO 486 71. BT MURALI S/O NAGARAJA AGED ABOUT 52 YEARS SHARE NO 560 72. BT SURESHA S/O B T IYER AGED ABOUT 56 YEARS SHARE NO 817 73. A G GIRIJA W/O T REVANASIDDAPPA AGED ABOUT 50 YEARS SHARE NO 819 74. R MAHENDRA S/O T REVANASIDDAPPA AGED ABOUT 51 YEARS SHARE NO 820 75. ANANTHALAKSHMI W/O SATHYANARAYANA AGED ABOUT 57 YEARS SHARE NO 821 76. VEDHAMURTHY M S/O MAHADEVAPPA AGED ABOUT 56 YEARS SHARE NO 1209 - 12 - NC: 2025:KHC:6143 WP No. 1682 of 2025 77. THIMAPPA S/O HALAPPA AGED ABOUT 60 YEARS SHARE NO 2037 78. PARVATHI W/O TP RAMAN AGED ABOUT 53 YEARS SHARE NO 2861 79. A M MANJAIAH S/O MAHADEVAIAH AGED ABOUT 56 YEARS SHARE NO 2977 80. G VISHAWAS S/O MS GNANESHWARAPPA AGED ABOUT 47 YEARS SHARE NO 3044 81. NEELAMMA W/O MS GANANESH AGED ABOUT 56 YEARS SHARE NO 3045 82. NARAYANASWAMY S/O GOVINDASWAMY AGED ABOUT 66 YEARS SHARE NO 3140 83. M YOGISHWARAPPA AGED ABOUT 56 YEARS SHARE NO 3928 84. JAYAMMA W/O BOJACHAR - 13 - NC: 2025:KHC:6143 WP No. 1682 of 2025 AGED ABOUT 50 YEARS SHARE NO 4031 85. SAVITHRAMMA W/O BASAPPA AGED ABOUT 56 YEARS SHARE NO 4241 86. M B PRAKASH S/O BASAVAIAH AGED ABOUT 40 YEARS SHARE NO 2979 87. RUKMANGADACHAR W/O SIDDALINGACHAR AGED ABOUT 51 YEARS SHARE NO 3638 88. NIRANJANMURTHY V S/O VEERABHADRA AGED ABOUT 56 YEARS SHARE NO 2867 ALL ARE MEMBERS OF FARMERS ARECANUT SALES AND PROCESSING CO-OPERATIVE SOCIETY LTD, BHADRAVATI, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577301 …PETITIONERS
Legal Reasoning
this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 1 2022 (4) AKR 775 - 18 - NC: 2025:KHC:6143 WP No. 1682 of 2025 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:
Arguments
(BY SRI. SANDESH T B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, - 14 - NC: 2025:KHC:6143 WP No. 1682 of 2025 DR. B.R AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA DISTRICT-577001 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA SUB-DIVISION SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577001 5. CHIEF EXECUTIVE OFFICER. FARMERS ARECANUT SALES AND PROCESSING CO-OPERATIVE SOCIETY LTD, BHADRAVATI, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577301 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER FARMERS ARECANUT SALES AND PROCESSING CO-OPERATIVE SOCIETY LTD, BHADRAVATI, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577301 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) - 15 - NC: 2025:KHC:6143 WP No. 1682 of 2025 …RESPONDENTS (BY SRI. YOGESH B NAIK, AGA FOR R1, R3, R4 AND R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. MOHAMMED TAHIR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 25.01.2025 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 for the following prayers:- "i) Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to contest and votes in the elections to the respondent No.5 which is scheduled to be held on 25.01.2025 in the interest of justice and equity. (ii) Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued." - 16 - NC: 2025:KHC:6143 WP No. 1682 of 2025 2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 25.01.2025 subject to final outcome of this petition. 3. Heard Sri.Sandesh T.B., learned counsel for the petitioners Sri.Yogesh B.Naik, learned Additional Government Advocate for respondent Nos.1, 3, 4 and 6, Sri.T.L.Kiran Kumar, learned counsel for respondent No.2 and Sri.Mohammed Tahir, learned counsel for the respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 25.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 - 17 - NC: 2025:KHC:6143 WP No. 1682 of 2025 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 5. Learned counsel for respondent No.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 6. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of
Decision
i. Writ petition is disposed of. ORDER ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 25.01.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the - 19 - NC: 2025:KHC:6143 WP No. 1682 of 2025 petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA SS List No.: 2 Sl No.: 7 CT:SNN