Writ Petition No. 1913 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:10689 WP No. 1913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.1913 OF 2025 (CS-EL/M) BETWEEN: 1. SRI.SHANKARE GOWDA K B AGED ABOUT 64 YEARS S/O BOREGOWDA R/AT M. KEBHAHALLI MANDYA TALUK MANDYA DISTRICT - 571 401 2. SRI.DODDA CHANNEGOWDA G B AGED ABOUT 61 YEARS S/O LATE BASAVEGOWDA R/AT GAANADALU MANDYA TALUK MANDYA DISTRICT-571 401 3. SRI.TAMMEGOWDA H AGED ABOUT 67 YEARS S/O HUCCHEGOWDA H R/AT GUNAYAKANAHALLI MANDYA TALUK MANDYA DISTRICT-571 401
Legal Reasoning
4. SRI. SHIVAKUMAR G K AGED ABOUT 52 YEARS S/O KEMPEGOWDA R/AT GUNAYAKANAHALLI MANDYA TALUK MANDYA DISTRICT-571 401 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10689 WP No. 1913 of 2025 5. SRI. SHIVANNA AGED ABOUT 54 YEARS S/O CHANNEGOWDA R/AT GUNAYAKANAHALLI MANDYA TALUK MANDYA DISTRICT-571 401 6. SRI. JEEVAN AGED ABOUT 40 YEARS S/O SHANKAR G K R/AT GURAVAALE MANDYA TALUK MANDYA DISTRICT-571 401 7. SRI. CHALUVRAJU B S AGED ABOUT 38 YEARS S/O SINGRIGOWDA R/AT BETTAHALLI MANDYA TALUK MANDYA DISTRICT-571401 8. SRI. CHANNAMARIGOWDA AGED ABOUT 54 YEARS S/O JAVAREGOWDA R/AT BETTAHALLI MANDYA TALUK MANDYA DISTRICT-571401 9. SRI. SHIVARAJU AGED ABOUT 68 YEARS S/O KEMPEGOWDA R/AT BETTAHALLI MANDYA TALUK MANDYA DISTRICT-571401 10. SRI. JAVARAIAH AGED ABOUT 57 YEARS S/O LATE KARIAIAH R/AT BETTAHALLI - 3 - NC: 2025:KHC:10689 WP No. 1913 of 2025 MANDYA TALUK MANDYA DISTRICT-571401 11. SRI.SIDDARAMU H M AGED ABOUT 56 YEARS S/O LATE MANCHEGOWDA R/AT B HOSSAHALLI MANDYA TALUK MANDYA DISTRICT-571401 12. SRI.CHANNAPPA AGED ABOUT 67 YEARS S/O CHIKKAPUTTAIAH R/AT BICHANAHALLI MANDYA TALUK MANDYA DISTRICT-571401 13. SRI. BOREGOWDA M N AGED ABOUT 48 YEARS S/O NARAYANAGOWDA R/AT MARANAHALLI MANDYA TALUK MANDYA DISTRICT-571401 14. SRI. SIDDAPPA M C AGED ABOUT 54 YEARS S/O SIDDAIAH @ CHIKKATHAMAIAH R/AT MADLA MANDYA TALUK MANDYA DISTRICT-571401 15. SMT. DEVAMMA AGED ABOUT 61 YEARS W/O DODDAJAVAREGOWDA R/AT MALANAYKANAKATTE MANDYA TALUK MANDYA DISTRICT-571401 - 4 - NC: 2025:KHC:10689 WP No. 1913 of 2025 16. SRI. KRISHNEGOWDA M J AGED ABOUT 52 YEARS S/O JAVAREGOWDA R/AT MADACHAKANAHALLI MANDYA TALUK MANDYA DISTRICT-571401 17. SRI. SATISH AGED ABOUT 41 YEARS S/O BORALINGAIAH R/AT MADACHAKANAHALLI MANDYA TALUK MANDYA DISTRICT-571401 18. SMT. JAYAMMA AGED ABOUT 48 YEARS W/O KULLAIAH R/AT MADACHAKANAHALLI MANDYA TALUK MANDYA DISTRICT-571401 19. SRI. UMESH S K AGED ABOUT 47 YEARS S/O KALAHOMBAIAH R/AT SAMPAHALLI MANDYA TALUK MANDYA DISTRICT-571401 20. SRI. DONNEBOREGOWDA AGED ABOUT 64 YEARS S/O BOREGOWDA R/AT HOLALLU MANDYA TALUK MANDYA DISTRICT-571401 21. SRI. PRAKASH H S AGED ABOUT 46 YEARS S/O LATE SHIVALINGAIAH R/AT HOLALLU - 5 - NC: 2025:KHC:10689 WP No. 1913 of 2025 MANDYA TALUK MANDYA DISTRICT-571401 22. SMT.GAYATHRI AGED ABOUT 61 YEARS W/O H B GOVINDA R/AT HOLALLU MANDYA TALUK MANDYA DISTRICT-571401 23. SRI.SHIVALINGAIAH H D AGED ABOUT 60 YEARS S/O KAVALE DODDA LINGEGOWDA R/AT HOLALLU MANDYA TALUK MANDYA DISTRICT-571401 24. SRI. RAMESH P H AGED ABOUT 54 YEARS S/O HONNEGOWDA R/AT PURADAKOPPALU MANDYA TALUK MANDYA DISTRICT-571401 (BY SRI. BHARATH KUMAR. S, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR. B.R AMBEDKAR VEEDHI BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY MYSORE DIVISION MYSORE-570001 …PETITIONERS - 6 - NC: 2025:KHC:10689 WP No. 1913 of 2025 3. 4. 5. 6. THE DEPUTY COMMISSIONER ALSO THE DISTRICT ELECTION OFFICER OFFICE OF DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA -571401 THE MANDYA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT LTD., MANDYA HEAD OFFICE MANDYA TALUK MANDYA DISTRICT MANDYA - 571434 REPRESENTED BY ITS SECRETARY THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR T.T.M.C. A BLOCK SHANTHI NAGAR BENGALURU - 27 REPRESENTED BY ITS SECRETARY THE RETURNING OFFICER/ COMMISSIONER OF THE MANDYA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT LTD MANDYA TALUK MANDYA DISTRICT MANDYA -571434 (BY SRI.YOGESH D NAIK, AGA FOR R.1 TO R.3 AND R.6; SRI.STEEVAN RAJESH, ADVOCATE FOR R.4; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R.5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, - 7 - NC: 2025:KHC:10689 WP No. 1913 of 2025 PERMITTING THE PETITIONERS TO CAST VOTE IN THE ELECTIONS TO R4 MANDYA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT LTD, MANDYA SCHEDULED TO BE HELD ON 25-01-2025 PURSUANT TO NOTIFICATION BEARING NO.NILL AND DATE NILL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of various interim orders had permitted the petitioners 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 the petitioners shall be kept in separate ballot boxes. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:10689 WP No. 1913 of 2025 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 Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 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:
Decision
ORDER i) The Writ Petition is disposed of. ii) 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 - 9 - NC: 2025:KHC:10689 WP No. 1913 of 2025 account the votes cast by the petitioners 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 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 the respective petitioners which had been directed to be kept in 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 NBM List No.: 1 Sl No.: 83