Writ Petition No. 2740 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11252 WP No. 2740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2740 OF 2025 (CS-EL/M) BETWEEN: 1. B PRAKASH REDDY S/O PANDAPPA, AGED ABOUT 56 YEARS, MEMBERSHIP NO. 5354 2. 3. Y. RANGAPPA YANKAPPANAVAR S/O MAHADEVAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO. 1862 T. SUBHASHCHANDRA REDDY S/O THOTADA NAGAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 2618 4. NAGAJJARA RAMAPPA REDDY S/O NANDYAPPA, AGED ABOUT 78 YEARS, MEMBERSHIP NO. 3222 5. THOTADA BASAPPA REDDY S/O HANUMAPPA, AGED ABOUT 80 YEARS, MEMBERSHIP NO. 3227 6. B. RANGAPPA REDDY S/O BASAPPA REDDY, AGED ABOUT 62 YEARS, MEMBERSHIP NO. 3694 7. NAGARAJA S/O BHEEMAPPA SANNAPARA, AGED ABOUT 55 YEARS, MEMBERSHIP NO. 3881 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11252 WP No. 2740 of 2025 8. NINGAPPA S/O RANGAPPA MADIVALARA, AGED ABOUT 82 YEARS, MEMBERSHIP NO. 3988 9. B. V. NAMADEVA REDDY S/O VENKAPPA REDDY, AGED ABOUT 49 YEARS, MEMBERSHIP NO. 3994 10. N. NAMADEVA REDDY S/O BASAPPA, AGED ABOUT 68 YEARS, MEMBERSHIP NO. 3999 11. M. VEERABHADRAPPA S/O M. VEERAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 4285 12. T. VENKATA REDDY S/O BASAPPA, AGED ABOUT 80 YEARS, MEMBERSHIP NO. 5353. 13. T. RAMAPPA REDDY S/O BASAPPA, AGED ABOUT 82 YEARS, MEMBERSHIP NO. 5639 14. MADIVALARA NAGAMMA W/O NEELAPPA, AGED ABOUT 80 YEARS, MEMBERSHIP NO. 5640 PETITIONER NO. 1 TO 14 ARE R/A BILASANURU VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT - 577 516. 15. K.M. SADASHIVAIAH S/O SHARANAIAH, AGED ABOUT 80 YEARS, MEMBERSHIP NO. 3111, - 3 - NC: 2025:KHC:11252 WP No. 2740 of 2025 16. HAMPANNANAVARA NAGARAJAPPA S/O RUDRAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 3331, 17. KACHARABI BASAVANYAPPA S/O BASAVARAJAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO. 3753, 18. HIREMATHADA RAJASHEKHARAJAH S/O H.M. SOMASHEKHARALAH AGED ABOUT 58 YEARS, MEMBERSHIP NO. 3766, 19. NALKUDURE DASAPPA S/O HANUMANTHAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 3876, 20. NIMBALI LINGARAJ S/O NIMBALL HUCHAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO. 3899, 21. H.M. KARIBASALAH S/O PRABALAH, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 3912, 22. H.M. VIJAYAKUMAR S/O REVANASIDDAIAH, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 3926, 23. H.M. RENUKARADHYA S/O SIDDAIAH, AGED ABOUT 52 YEARS, MEMBERSHIP NO. 5076, 24. H.M. GURUMURTHI S/O SIDDAIAH, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 5088, 25. N. HUCHAPPA - 4 - NC: 2025:KHC:11252 WP No. 2740 of 2025 S/O NINGAPPA, AGED ABOUT 85 YEARS MEMBERSHIP NO. 5154, PETITIONER NO. 15 TO 25 ARE R/A YALEHOLE VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT 577 516. 26. BISEMBLI BASAVARAJAPPA S/O SHIVAPPA, AGED ABOUT 62 YEARS, MEMBERSHIP NO. 3528, 27. H.G. MANJUNATH S/O H.G. RUDRAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO. 3786, PETITIONER NO. 26 AND 27 ARE R/T HULIGINAHOLE VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT-577516. 28. KUNCHURU PUTTAPPA S/O BASETAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 3924, 29. K.G. MURUDAPPA S/O PANCHAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO. 4603, 30. K.G. PRAKASH S/O THIMMAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 5184, 31. G. CHANDRAGOUDA S/O CHANNABASAPPA GOUDA, A GED ABOUT 62 YEARS, MEMBERSHIP NO. 5186, PETITIONER NO. 28 TO 31 ARE R/A DULEHOLE VILLAGE, HARIHAR TALUK, - 5 - NC: 2025:KHC:11252 WP No. 2740 of 2025 DAVANAGERE DISTRICT 577 516. 32. M. CHANDRASHEKHARAGOUDA S/O KOTRAPPAGOUDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 1349, 33. A DHARMARAJA S/O A. RAMAREDDY, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 1610, 34. AKKERA HALAPPA REDDY S/O DONEYAPPA, AGED ABOUT 85 YEARS, MEMBERSHIP NO. 1765, 35. N.D. HANUMANTHA REDDY S/O THIMAPPA, AGED ABOUT 80 YEARS, MEMBERSHIP NO. 1783, 36. R. HALAIAH S S/O RUDRAIAH, AGED ABOUT 75 YEARS, MEMBERSHIP NO. 1838, 37. BARIKARA THIPPANNA S/O HANUMANTHAPPA, AGED ABOUT 60 YEARS, MEMBERSHIP NO. 3352, 38. SANNAKOTRESHAPPA S/O HALAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 3473. 39. N.M. KRISHNOJI S/O N.M.YALLAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO. 4894, 40. B .M. JAGADEESHAIAH S/O KOTRAIAH, AGED ABOUT 57 YEARS, MEMBERSHIP NO. 5260, - 6 - NC: 2025:KHC:11252 WP No. 2740 of 2025 41. HANUMANTHA REDDY S/O BHEEMAPPA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 5423, PETITIONER NOS. 32 TO 41 ARE R/A NANDIGAVI VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT 577 516. 42. GANGAMMA W/O SIDDAPPA UJJAPPARA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 3012, R/A BILASANURU VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT - 577 516.
Legal Reasoning
(BY SRI. VIRUPAKSHAIAH P H.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE 560 001. …PETITIONERS 2. STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC 'A' BLOCK, SHANTHINAGARA, BANGALORE 560 027. REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION, SAHAKARA SOUDHA, MARGOSA ROAD, MALLESWARAM, BANGALORE 560 003. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER, DAVANAGERE DISTRICT, DAVANAGERE DISTRICT - 577 001. 5. THE RETURNING OFFICER PRIMARY CO-OPERATIVE AGRICULTURAL AND - 7 - NC: 2025:KHC:11252 WP No. 2740 of 2025 RURAL DEVELOPMENT BANK LTD., HARIHARA, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 601. 6. PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., HARIHARA, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 601. REPRESENTED BY ITS MANAGER (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT) …RESPONDENTS N. BASAVARAJAPPA S/O MALU BASAPPA AGED ABOUT 65 YEARS R/AT BILASANURA VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT-577516. MEMBEBSHIP NO. 4932. …IMPLEADING APPLICANT (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. ARAVIND H., ADVOCATE FOR R6; SRI. M.H. SAWAR .,ADVOCATE FOR IMPLEADING APPLICANT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHR WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING THE LIST OF DISQUALIFIED MEMBERS VIDE ANNEXURE-B ISSUED BY THE 6TH RESPONDENT AUTHORITY IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 8 - NC: 2025:KHC:11252 WP No. 2740 of 2025 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. b. c. Issue a writ in the nature of Certiorari or any other Writ or order or direction in the similar nature quashing the list of disqualified members vide Annexure-B issued by the 6th Respondent authority in so far as the petitioners are concerned. Issue writ in the nature of mandamus or any other writ or order or direction in the similar nature directing the respondent authorities to conduct election to the R6 Society by treating the petitioners herein as qualified and by permitting them to vote in the said election of Bilasanur Borrower’s Constituency to be held on 02.02.2015. Grant such other relief or relief’s as this Hon’ble Court may deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. 2. 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. - 9 - NC: 2025:KHC:11252 WP No. 2740 of 2025 3. 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 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. 4. 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:11252 WP No. 2740 of 2025 5. In that view of the matter, I pass the following:
Decision
ORDER i) ii) The Writ Petition is disposed of. The Returning Officer in each of the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters. 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 - 11 - NC: 2025:KHC:11252 WP No. 2740 of 2025 box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. v) Pending IA’s stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 6