Writ Petition No. 2414 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6797 WP No. 2414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2414 OF 2025 (CS-EL/M) BETWEEN: 1. SHIDDEGOWDA M B S/O BOREGOWDA AGED ABOUT 61 YEARS LIFE NO. 58/2 2. KUMAR B S/O BOMMARASEGOWDA AGED ABOUT 58 YEARS LIFE NO. 220/29 3. GOVINDEGOWDA S/O LATE HONNEGOWDA AGED ABOUT 56 YEARS LIFE NO.83/10 4. RAAMEGOWDA S/O SIDDEGOWDA AGED ABOUT 64 YEARS LIFE NO. 225/11 5. SIDDAPPA S/O SIDDAIAH AGED ABOUT 58 YEARS LIFE NO. 90/6 6. KRISHNEGOWDA M S/O MELEGOWDA AGED ABOUT 49 YEARS LIFE NO. 194/24 7. SIDDEGOWDA S S/O RAMEGOWDANA SIDDEGOWDA AGED ABOUT 54 YEARS LIFE NO.62/26 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6797 WP No. 2414 of 2025 8. GANGAADARA M.B S/O BOREGOWDA M.B AGED ABOUT 60 YEARS LIFE NO. 154/24 9. BOREGOWDA M.B S/O BOREGOWDA AGED ABOUT 67 YEARS LIFE NO. 43/34 10. PUTTAMMA W/O JAVAREGOWDA AGED ABOUT 51 YEARS LIFE NO.49/13 11. BANNEGOWDA S/O LATE BANNEGOWDA AGED ABOUT 60 YEARS LIFE NO.38/38 12. CHIKKAMAADU S/O LATE GANGE GOOPALAIAH AGED ABOUT 54 YEARS LIFE NO.67/1 13. MAHADEVU S/O LATE MARIGOWDA AGED ABOUT 51 YEARS LIFE NO.129/36 14. MAADU S/O DODDAMARAIAH AGED ABOUT 45 YEARS LIFE NO. 248/23 15. MAADEVU S/O. RANGAIAH AGED ABOUT 51 YEARS LIFE NO. 225/2 16. HANUMAIAH S/O. MALLAIAH AGED ABOUT 52 YEARS LIFE NO. 153/8 - 3 - NC: 2025:KHC:6797 WP No. 2414 of 2025 17. MARAGOOPALAIAH S/O GANGE GOOPALAIAH AGED ABOUT 58 YEARS LIFE NO.226/2 18. NAGARAJU C S/O CHOWDAIAH AGED ABOUT 46 YEARS LIFE NO.171/25S ALL ARE MEMBERS OF MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU, MYSURU TALUK, MYSURU DISTRICT-570 001. …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 (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, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REP 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 MYSURU DISTRICT-570001 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MYSURU SUB-DIVISION - 4 - NC: 2025:KHC:6797 WP No. 2414 of 2025 MYSURU TALUK, MYSURU DISTRICT-570 001. 5. CHIEF EXECUTIVE OFFICER. MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER MYSURU TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, MYSURU TALUK, MYSURU DISTRICT-570001 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 & 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 02.02.2025 VIDE (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:6797 WP No. 2414 of 2025 ORAL ORDER The petitioners are seeking for the following prayer:- "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 02.02.2025 in the interest of justice and equity vide Annexure-A" 2. This Court by way of an interim arrangement on 30.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition. 3. Heard Sri Sandesh T B, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri S B Totad, learned counsel for respondent No.5. - 6 - NC: 2025:KHC:6797 WP No. 2414 of 2025 4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 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 (‘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. 6. Learned counsel for respondent No.3 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. - 7 - NC: 2025:KHC:6797 WP No. 2414 of 2025 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of
Decision
ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and 1 2022 (4) AKR 775 - 8 - NC: 2025:KHC:6797 WP No. 2414 of 2025 announce the results of the election, which was scheduled on 02.02.2025. 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 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, - 9 - NC: 2025:KHC:6797 WP No. 2414 of 2025 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 AN/- List No.: 2 Sl No.: 13