✦ High Court of India

Writ Petition No. 2884 of 2025 · The High Court

Case Details

- 1 - NC: 2025:KHC:6383 WP No. 2884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2884 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. 7. GRACY PAIS W/O AGNEL PAIS AGED ABOUT 56 YEARS MEMBERSHIP NO.3598 DOLPHY PEREIRA S/O DAVID PEREIRA AGED ABOUT 38 YEARS MEMBERSHIP NO.4243 NIRMALA D'SOUZA W/O ALVIN VAAS AGED ABOUT 57 YEARS MEMBERSHIP NO.2252 GRACY DSOUZA S/O ALPHONS DSOUZA AGED ABOUT 60 YEARS MEMBERSHIP NO.2671 CHRISTIN SALDANHA W/O AMBROS SALDANHA AGED ABOUT 76 YEARS MEMBERSHIP NO.1394 PRADEEP MISKITH S/O LUIS MISKITH AGED ABOUT 42 YEARS MEMBERSHIP NO.2854 LUCY MISKITH W/O LUIS MISKITH AGED ABOUT 68 YEARS MEMBERSHIP NO.2855 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6383 WP No. 2884 of 2025 8. 9. PRAKASH ANTONY S/O NAIBUN NALWAN AGED ABOUT 40 YEARS MEMBERSHIPS NO. 4248 FRANCIS S/O BENIS JOHN AGED ABOUT 32 YEARS MEMBERSHIP NO.4126 10. PURUSHOTHAM S/O VENKAPPA POOJARY AGED MAJOR MEMBERSHIP NO.3166 11. GANESHA S/O VENKAPPA POOJARY AGED ABOUT 53 YEARS MEMBERSHIP NO.1779 12. SUNDARI W/O SHREEDHARA MULYA AGED ABOUT 62 YEARS MEMBERSHIP NO.2437 13. 14. 15. JAGANNATH MARTHA S/O RAMANNA MARTHA AGED ABOUT 64 YEARS MEMBERSHIP NO.2742 YATHEENDRA S/O ACHUTHA AGED ABOUT 43 YEARS MEMBERSHIP NO.2902 YASHODHA W/O ANANDA POOJARY AGED ABOUT 67 YEARS MEMBERSHIP NO.2907 16. DHANAVANTHI W/O MOHANA AGED ABOUT 45 YEARS MEMBERSHIP NO.3118 - 3 - NC: 2025:KHC:6383 WP No. 2884 of 2025 17. VEENA W/O JAGANNATH AGED ABOUT 53 YEARS MEMBERSHIP NO.3152 18. PRABHAKARA POOJARY S/O LINGAPPA POOJARY AGED ABOUT 42 YEARS MEMBERSHIP NO.3792 19. KUSUMAKARA S/O VENKAPPA POOJARY AGED ABOUT 54 YEARS MEMBERSHIP NO.3931 20. OZWALD ROLF MORAS S/O BONAVANCHES MORAS AGED ABOUT 65 YEARS MEMBERSHIP NO.1046 21. IVAN MAXI DSOUZA S/O LIGORI DSOUZA AGED ABOUT 49 YEARS MEMBERSHIP NO.2680 22. EVLIN D'CUNHA W/O PASCAL D’CUNHA AGED ABOUT 57 YEARS MEMBERSHIP NO.2820 23. 23. LILLY MASCARENHAS W/O OSWALD MORAS AGED ABOUT 60 YEARS MEMBERSHIP NO.3325 24. MARSELIN DSOUZA W/O GREGORI DSOUZA AGED ABOUT 62 YEARS MEMBERSHIP NO.3946 25. KEETH SHIYAN FERNANDIS S/O SEBASTIAN FERNANDIS AGED ABOUT 31 YEARS MEMBERSHIP NO.4420 - 4 - NC: 2025:KHC:6383 WP No. 2884 of 2025 26. 27. PLOSY FERNANDIS S/O PETER FERNANDIS AGED ABOUT 54 YEARS MEMBERSHIP NO.3476 PETER VAS S/O SOLVODOSE VAS AGED 65 YEARS MEMBERSHIP NO.1987 28. VICTOR HENRY LOBO S/O MINGAL LOBO AGED ABOUT 70 YEARS MEMBERSHIP NO.1626 29. JACINTHA DSOUZA W/O ALEXANDER DSOUZA AGED ABOUT 58 YEARS MEMBERSHIP NO.1083 30. MAXIM D SOUZA S/O ROBERT DSOUZA AGED ABOUT 56 YEARS MEMBERSHIP NO.1347 31. MARY NORONHA W/O SEBESTIAN NORONHA AGED ABOUT 70 YEARS MEMBERSHIP NO.1490 32. MALINI W/O RAJENDRA AGED ABOUT 58 YEARS MEMBERSHIP NO.3259 33. SHIVAKUMAR S/O LAKSHMAN POOJARY AGED ABOUT 46 YEARS MEMBERSHIP NO.2912 34. LILLY DSOUZA W/O LEO DSOUZA AGED ABOUT 69 YEARS MEMBERSHIP NO.1953 - 5 - NC: 2025:KHC:6383 WP No. 2884 of 2025 35. VENKAPPA POOJARY S/O KAYAPPA POOJARY AGED ABOUT 72 YEARS MEMBERSHIP NO.2526 36. WILMA CRASTA W/O JOHN B MENDONSA AGED ABOUT 47 YEARS MEMBERSHIP NO.3582 37. MARY MISKITH W/O AMBROSE AGED ABOUT 75 YEARS MEMBERSHIP NO.962 38. EDMAND SALDANHA S/O AMBROSE AGED ABOUT 53 YEARS MEMBERSHIP NO.1664 39. MELWYN RULDOLF DSOUZA S/O STONY DSOUZA AGED ABOUT 65 YEARS MEMBERSHIP NO.2683 40. IVEN DSOUZA S/O MASERIL DSOUZA AGED ABOUT 53 YEARS MEMBERSHIP NO.2756 41. MEBAL DSOUZA W/O BTEERA DSOUZA AGED ABOUT 70 YEARS MEMBERSHIP NO.2867 42. ANITHA SALDANA W/O EDMAND SALDANA AGED ABOUT 49 YEARS MEMBERSHIP NO.2954 43. NAMITHA DSOUZA W/O VIJAY DSOUZA AGED ABOUT 40 YEARS MEMBERSHIP NO.3439 - 6 - NC: 2025:KHC:6383 WP No. 2884 of 2025 44. SEVRIN D'MELLO W/O VICTOR D'MELLO AGED ABOUT 55 YEARS MEMBERSHIP NO.3928 45. SANTHOSH DSOUZA S/O LAWRENCE DSOUZA AGED ABOUT 43 YEARS MEMBERSHIP NO.3930 46. MICHEAL LAWRENCE LOBO S/O THOMAS LOBO AGED ABOUT 67 YEARS MEMBERSHIP NO.3631 47. SUNITHA DSOUZA W/O WELIYANS DSOUZA AGED ABOUT 33 YEARS MEMBERSHIP NO.3887 48. FRANCIS JOHN SALDANA S/O JALAYANA SALDANA AGED MAJOR MEMBERSHIP NO.4051 49. DANEAL SUKUMAR VAAS S/O JOHN VAAS AGED MAJOR MEMBERSHIP NO.4515 50. LEENA DSOUZA S/O RORE DSOUZA AGED MAJOR MEMBERSHIP NO.4562 51. VILMA DSOUZA S/O VARTI DSOUZA AGED ABOUT 42 YEARS MEMBERSHIP NO.2864 52. LUSI DSOUZA D/O PELIX DSOUZA AGED ABOUT 85 YEARS MEMBERSHIP NO.489 - 7 - NC: 2025:KHC:6383 WP No. 2884 of 2025 53. ANAND D SILVA S/O GLADIAS SILVA AGED 45 YEARS MEMBERSHIP NO.2354 54. HARISHCHANDRA KUDUPU S/O MONAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.607 55. SUMATHI NADUMANE W/O ANAND POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO.1265 56. 57. 58. YADAVA NADUMANE S/O BHERMANNA POOJARY AGED ABOUT 65 YEARS MEMBERSHIP NO.1308 PADMANABHA K POOJARY S/O NAGAPPA POOJARY AGED ABOUT 50 YEARS MEMBERSHIP NO.2071 PRAKASH V N S/O B V NAYAKA AGED ABOUT 70 YEARS MEMBERSHIP NO.1002088 59. SUMATHI DAMODHARA W/O DAMODHARA AGED ABOUT 50 YEARS MEMBERSHIP NO.100209 60. KALYANI NADUMANE D/O RAMESH POOJARY AGED ABOUT 58 YEARS MEMBERSHIP NO.1002227 61. SADASHIVA NADUMANE S/O LINGAPPA RAANYA AGED ABOUT 50 YEARS MEMBERSHIP NO.2299 - 8 - NC: 2025:KHC:6383 WP No. 2884 of 2025 62. LILLY NADUMANE D/O JEROM GOMS AGED ABOUT 54 YEARS MEMBERSHIP NO.1002303 63. SUDHARSHAN NADUMANE S/O DINESH DEVADIGA AGED ABOUT 39 YEARS MEMBERSHIP NO.100 2648 64. PELIX DSOUZA S/O GREGARI DSOUZA AGED ABOUT 70 YEARS MEMBERSHIP NO.1324 65. MANISH S/O MOHANDAS KULAL AGED 25 YEARS MEMBERSHIP NO.4543 66. KALYANI W/O KRISHNAPPA POOJARY AGED ABOUT 68 YEARS MEMBERSHIP NO.1359 67. 68. PADMAVATHI W/O VAMANA AGED ABOUT 56 YEARS MEMBERSHIP NO.2011 YADAVA SALIYAN S/O PONKRA MALYA AGED ABOUT 59 YEARS MEMBERSHIP NO.2046 69. SESAMMA W/O LAKSHMANA POOJARY AGED ABOUT 70 YEARS MEMBERSHIP NO.2823 70. SESAMMA S/O BABU MULYA AGED ABOUT 75 YEARS MEMBERSHIP NO.3932 - 9 - NC: 2025:KHC:6383 WP No. 2884 of 2025 71. CHANDRAVATHI W/O SURESH AGED ABOUT 38 YEARS MEMBERSHIP NO.4062 72. SHREE LATHA W/O KRISHNAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.2197 73. SUJATHA W/O RAMU SALIYAN AGED ABOUT 62 YEARS MEMBERSHIP NO.2198 74. YOGEESH KULAL K S/O ANNAPPA K AGED ABOUT 60 YEARS MEMBERSHIP NO.2272 75. NALINAKSHI D/O MUTHANNA POOJARY AGED ABOUT 56 YEARS MEMBERSHIP NO.4314 76. MICHEAL COELLO S/O JERMI COELLO AGED ABOUT 52 YEARS MEMBERSHIP NO.3788 77. BHAGEERATHI NADUMANE S/O ANAND POOJARY AGED ABOUT 45 YEARS MEMBERSHIP NO.2649 78. SURESH DEVADIGA NADUMANE S/O MAALING AGED ABOUT 57 YEARS MEMBERSHIP NO.2697 79. LALITHA NADUMANE D/O SOMAPPA POOJARY AGED ABOUT 60 YEARS MEMBERSHIP NO.2744 - 10 - NC: 2025:KHC:6383 WP No. 2884 of 2025 80. JAGANNATH NADUMANE S/O RAMACHANDRA AGED ABOUT 35 YEARS MEMBERSHIP NO.2841 81. ANTHONY DSOUZA S/O FRANCIS DSOUZA AGED ABOUT 60 YEARS MEMBERSHIP NO.2872 82. PELSI DSOUZA W/O ANTHONY DSOUZA AGED ABOUT 50 YEARS MEMBERSHIP NO.2873 83. SELIN MONTHERE D/O GILBARD MONTHERO AGED ABOUT 62 YEARS MEMBERSHIP NO.2924 84. RAMACHANDRA NADUMANE S/O SESAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO.2925 85. SOMASHEKAR S/O KRISHNAPPA MOYLI AGED ABOUT 45 YEARS MEMBERSHIP NO.2942 86. NAVEEN S/O RUKMAYA POOJARY AGED ABOUT 45 YEARS MEMBERSHIP NO.3023 87. SUKANYA W/O VISHWANATH K AGED ABOUT 38 YEARS MEMBERSHIP NO.3265 88. SOBHA W/O SHIVANAND AGED ABOUT 44 YEARS MEMBERSHIP NO.3471 - 11 - NC: 2025:KHC:6383 WP No. 2884 of 2025 89. RENUKA D/O LAXMANA AGED ABOUT 38 YEARS MEMBERSHIP NO.3698 90. GUNAKARA S/O LINGAPPA AGED ABOUT 35 YEARS MEMBERSHIP NO.4580 91. NAGAMMA W/O NARAYANA AGED ABOUT 60 YEARS MEMBERSHIP NO.1243 92. 93. JAYA W/O VANAJAKSHA SHETTIGAR AGED ABOUT 60 YEARS MEMBERSHIP NO.1611 JNANASHIVA S/O GANGADHARA AGED ABOUT 57 YEARS MEMBERSHIP NO.2869 94. SEETHARAMA S/O SANJEEVA BELVADI AGED ABOUT 35 YEARS MEMBERSHIP NO.3249 95. ANAND K S/O KUNJANNA K AGED ABOUT 53 YEARS MEMBERSHIP NO.3835 96. VIDYA W/O ANAND K AGED ABOUT 46 YEARS MEMBERSHIP NO.3839 97. MAHABALA KARKERA S/O PARAMESHWAR POOJARY AGED ABOUT 59 YEARS MEMBERSHIP NO.1257 - 12 - NC: 2025:KHC:6383 WP No. 2884 of 2025 98. HARINAKSHI W/O VASU POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO.1534 99. DEVAKI W/O BHOJA POOJARY AGED ABOUT 72 YEARS MEMBERSHIP NO.2474 100. JAYESH S/O DASAPPA POOJARY AGED ABOUT 38 YEARS MEMBERSHIP NO.3444 101. RATHNAVENI LATHA W/O SUNIL KUMAR AGED ABOUT 49 YEARS MEMBERSHIP NO.2659 102. HARISHA S/O BHOJA POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO.2711 103. DINESHA S/O BHOJA POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO.2712 104. HARISH KUMAR S/O P K SHETTIGAR AGED ABOUT 64 YEARS MEMBERSHIP NO.2849 105. GEETHA W/O HARISH KUMAR AGED ABOUT 63 YEARS MEMBERSHIP NO.2850 106. DAYANANDA S/O VENKAPPA POOJARY AGED ABOUT 44 YEARS MEMBERSHIP NO.2885 - 13 - NC: 2025:KHC:6383 WP No. 2884 of 2025 107. SUBHASH POOJARY S/O PARAMESHWAR POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO.2893 108. NAVEEN KUMAR S/O VENU GOPALA AGED ABOUT 46 YEARS MEMBERSHIP NO.3310 109. ROHAN LAWERENCE PAIS S/O ROBERT LANCY PAIS AGED ABOUR 26 YEARS MEMBERSHIP NO.4494 110. PAVLIN D SOUZA W/O JARGE D SOUZA AGED ABOUT 73 YEARS MEMBERSHIP NO.3586 111. PHILOMINA D SOUZA W/O I E SIMPIYAN D SOUZA AGED ABOUT 50 YEARS MEMBERSHIP NO.2827 112. DOLINSON PAIS S/O LAWERANCE PAIS AGED ABOUT 89 YEARS MEMBERSHIP NO.3054 113. SHEKARA S/O LAKSHMAN POOJARI AGED ABOUT 57 YEARS MEMBERSHIP NO.2316 114. GRACY PINTO W/O HERLAND MONTHERA AGED ABOUT 58 YEARS MEMBERSHIP NO.2816 115. JOCHIM VAS S/O JOHN M VAS AGED ABOUT 70 YEARS MEMBERSHIP NO.860 - 14 - NC: 2025:KHC:6383 WP No. 2884 of 2025 116. ALEXANDER D SOUZA S/O LUIS D SOUZA AGED ABOUT 72 YEARS MEMBERSHIP NO.480 117. WILLIAM VAS S/O JOHN VAS AGED ABOUT 53 YEARS. MEMBERSHIP NO.3279 118. ANNORA VAYOLA D SOUZA W/O MAXIM D SOUZA AGED ABOUT 50 YEARS MEMBERSHIP NO.3301 119. ANIL ROSHAN LOBO S/O THOMAS LOBO AGED ABOUT 44 YEARS MEMBERSHIP NO.2946 120. PRAVEEN KUMAR S/O HARISHCHANDRAN AGED 37 YEARS MEMBERSHIP NO.3645 121. HARISHCHANDRA SALIYAN S/O BABU BELLCHADA AGED ABOUT 67 YEARS MEMBERSHIP NO.2403 122. DAMAYANTHI W/O HARISHCHANDRA AGED ABOUT 62 YEARS MEMBERSHIP NO.2724 123. RAMESHA POOJARY S/O NEELAYYA POOJARY AGED ABOUT 60 YEARS MEMBERSHIP NO.2819 124. LOLAKSHI W/O ANAND ANCHAN AGED ABOUT 65 YEARS MEMBERSHIP NO.3300 - 15 - NC: 2025:KHC:6383 WP No. 2884 of 2025 125. SACHIN KUMAR S/O HARISHCHANDRA K AGED ABOUT 42 YEARS MEMBERSHIP NO.3626 126. PRASHANTH POOJARY S/O SHIVUKUMAR ANCHENA AGED ABOUT 40 YEARS MEMBERSHIP NO.3665 127. NITHIN S/O HARISHCHANDRA BELVADI AGED ABOUT 39 YEARS MEMBERSHIP NO.3922 128. SUMATHI W/O RAMESH POOJARY AGED ABOUT 55 YEARS MEMBERSHIP NO.3937 129. NISHMITHA W/O NISHANTH KUMAR AGED ABOUT 31 YEARS MEMBERSHIP NO.4013 130. SUJAN DAS S/O KESHAV K AGED 50 YEARS MEMBERSHIP NO.2989 131. JOHN RICHARD DSOUZA S/O SEBESTIAN DSOUZA AGED ABOUT 57 YEARS MEMBERSHIP NO.1581 132. RICHARD PINTO S/O ROBERT PINTO AGED ABOUT 62 YEARS MEMBERSHIP NO.1684 133. LUIS NORONHA S/O JOSEPH NORONHA AGED ABOUT 72 YEARS MEMBERSHIP NO.1818 - 16 - NC: 2025:KHC:6383 WP No. 2884 of 2025 134. ROJI MONTHEIRO W/O GABRIAL MONTHEIRO AGED ABOUT 69 YEARS MEMBERSHIP NO.1881 135. LAWRENCE PINTO S/O SEBESTIAN PINTO AGED ABOUT 68 YEARS MEMBERSHIP NO.1890 136. ALVIN NORONHA S/O JERVAM NORONHA AGED ABOUT 52 YEARS MEMBERSHIP NO.1905 137. HILDA TELLIS W/O JOSEPH TELLIS AGED ABOUT 58 YEARS MEMBERSHIP NO.1935 138. VILMA SELIN PINTO W/O BELIVER DSOUZA PINTO AGED ABOUT 53 YEARS MEMBERSHIP NO.2193 139. DOLPHI PINTO S/O MOURIS PINTO AGED ABOUT 60 YEARS MEMBERSHIP NO.2523 140. MOHANDAS S/O GOPALDAS AGED ABOUT 62 YEARS MEMBERSHIP NO.2334 141. PRAVEEN NADUMANE S/O VASANTH AGED ABOUT 44 YEARS MEMBERSHIP NO.2737 142. NAVEEN S VEGAS S/O MARCEL VEGAS AGED ABOUT 49 YEARS MEMBERSHIP NO.2626 - 17 - NC: 2025:KHC:6383 WP No. 2884 of 2025 143. ALBAN MANTHEIRO S/O JOHN MANTHEIRO AGED ABOUT 51 YEARS MEMBERSHIP NO.2944 144. VALERIAN BRYAGS S/O JOHN PRAGGS AGED 58 YEARS MEMBERSHIP NO.3943 145. PUSHPA W/O VENKATESH AGED ABOUT 42 YEARS MEMBERSHIP NO.3815 146. ALBERT LOBO S/O MARIYAN LOBO AGED ABOUT 65 YEARS MEMBERSHIP NO.420 147. ALEXANDER ALIYAS S/O JOHN MANTHERO AGED ABOUT 76 YEARS MEMBERSHIP NO.388 148. DEEKSHITH KUMAR S/O VISHWANATH AGED ABOUT 35 YEARS MEMBERSHIP NO.4006 149. SHASHIDHAR S/O KRISHNAPPA AGED ABOUT 36 YEARS MEMBERSHIP NO.4019 150. LUIS NORONHA S/O ALPHONS NORONHA AGED ABOUT 76 YEARS MEMBERSHIP NO.580 151. JEEVAN KUMAR S/O MADHAVA AGED ABOUT 32 YEARS MEMBERSHIP NO.4369 - 18 - NC: 2025:KHC:6383 WP No. 2884 of 2025 152. BHAVANI TUKARAM DEVADIGA D/O TUKARAM DEVADIGA AGED ABOUT 60 YEARS MEMBERSHIP NO.4383 153. JITHESH S/O HARISHCHANDRA AGED ABOUT 22 YEARS MEMBERSHIP NO.4431 154. JESSI MARTIN D/O RICHARD MARTIN AGED ABOUT 47 YEARS MEMBERSHIP NO.4460 155. MARGARET DSOUZA W/O JOSEPH DSOUZA AGED ABOUT 72 YEARS MEMBERSHIP NO.1069 156. VALBAR DSOUZA S/O SEBESTIAN DSOUZA AGED ABOUT 53 YEARS MEMBERSHIP NO.1468 157. PELIX DSOUZA S/O GREGARI DSOUZA AGED ABOUT 75 YEARS MEMBERSHIP NO.1001324 158. SANDHYA RAO D/O BHANU PRAKSH AGED MAJOR 42 YEARS MEMBERSHIP NO.4200 159. RAJESHA S/O ANNAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO.3940 160. BABY CHANDRAPPA W/O CHANDAPPA AGED ABOUT 80 YEARS MEMBERSHIP NO.3970 - 19 - NC: 2025:KHC:6383 WP No. 2884 of 2025 161. SAMPA W/O HARISHA AGED ABOUT 40 YEARS MEMBERSHIP NO.4001 162. BHASKARA S/O PARAMESHWAR AGED ABOUT 42 YEARS MEMBERSHIP NO.4106 163. SHRUTHI W/O RAJESH POOJARY AGED ABOUT 31 YEARS MEMBERSHIP NO.4355 164. DEVAKI W/O DHAMAPPA POOJARY AGED ABOUT 73 YEARS MEMBERSHIP NO.2078 165. UMAVATHI W/O RAMESHNATH AGED 64 YEARS MEMBERSHIP NO.1949 166. MUTHAPPA S/O PUVA MOOLYA AGED ABOUT 63 YEARS MEMBERSHIP NO.806 167. UMAVATHI S/O RAMESHNATH AGED ABOUT 64 YEARS MEMBERSHIP NO.1949 168. BABY W/O DAMODARA POOJARY AGED ABOUT 65 YEARS MEMBERSHIP NO.3380 169. RUKMINI W/O KESHAVA AGED ABOUT 42 YEARS MEMBERSHIP NO.4478 - 20 - NC: 2025:KHC:6383 WP No. 2884 of 2025 170. RAJESH S/O ANAND BELVADI AGED ABOUT 43 YEARS MEMBERSHIP NO.4120 171. SUJATHA W/O SACHIN KUMAR AGED ABOUT 39 YEARS MEMBERSHIP NO.4127 172. KISHANTH KUMAR S/O ANAND ANCHAN AGED ABOUT 37 YEARS MEMBERSHIP NO.4132 173. JOSEPH S/O PETER AGED MAJOR MEMBERSHIP NO.3278 174. MICHEAL LOBO S/O JACOB LOBO AGED ABOUT 38 YEARS MEMBERSHIP NO.386 175. ROJI D/O ALPHONS D'MELLO AGED ABOUT 47 YEARS MEMBERSHIP NO.2636 176. LEENA MATHEW D/O VINCENT MATHEW AGED ABOUT 47 YEARS MEMBERSHIP NO.3077 177. MARIA FERNANDIS D/O LANCY FERNANDIS AGED ABOUT 48 YEARS MEMBERSHIP NO.3107 178. SHANTHI D/O LANCY AGED ABOUT 49 YEARS MEMBERSHIP NO.3165 - 21 - NC: 2025:KHC:6383 WP No. 2884 of 2025 179. WILMA S CRASTA W/O JOHN B MENDONSA AGED ABOUT 45 YEARS MEMBERSHIP NO.3580 180. PHILIP DSOUZA S/O MONTHO DSOUZA AGED 54 YEARS MEMBERSHIP NO.1424 181. MARIA GODWIN D/O SEBESTAIN AGED ABOUT 65 YEARS MEMBERSHIP NO.1353 182. ALPHONS DSOUZA S/O MARCEL DSOUZA AGED ABOUT 40 YEARS MEMBERSHIP NO.1424 183. ROCKY D'COSTA S/O DAVID D'COSTA AGED ABOUT 44 YEARS MEMBERSHIP NO.1435 184. MEVIS DSOUZA D/O PELIX DSOUZA AGED ABOUT 54 YEARS MEMBERSHIP NO.2052 185. NOYEL LOBO S/O POSKAL LOBO AGED ABOUT 72 YEARS MEMBERSHIP NO.2099 186. WILMA CELIN PINTO S/O VOLIVER WOSVALD PINTO AGED ABOUT 56 YEARS MEMBERSHIP NO.2193 187. NATHALIYA CINTHIA DSOUZA S/O MARTIN ROBERT DSOUZA AGED ABOUT 32 YEARS MEMBERSHIP NO.2221 - 22 - NC: 2025:KHC:6383 WP No. 2884 of 2025 188. JESINTHA LOBO D/O LANCY LOBO AGED ABOUT 37 YEARS MEMBERSHIP NO.2234 189. VALERIAN RICHARD FERNANDES S/O LAWRENCE FERNANDIS AGED 52 YEARS MEMBERSHIP NO.3945 190. VISHWANATH BELCHADA S/O THYAMPRA BELCHADA AGED ABOUT 32 YEARS MEMBERSHIP NO.1436 191. SHOBHA D/O KESHAVA AGED ABOUT 37 YEARS MEMBERSHIP NO.3696 192. RICHARD JERALD MARTIS S/O LIGORI MARTIS AGED ABOUT 53 YEARS MEMBERSHIP NO.4252 193. MAXIM NORONHA S/O JOROVAN NORONHA AGED ABOUT 55 YEARS MEMBERSHIP NO.2564. 194. CARMIN CRASTA S/O FREDRICK CRASTA AGED ABOUT 83 YEARS MEMBERSHIP NO.2860 195. SELLIN MONTHEIRO W/O GIBBARD MANTHEIRO AGED ABOUT 62 YEARS MEMBERSHIP NO.2924 196. HERAND PINTO S/O ROBERT PINTO AGED ABOUT 68 YEARS MEMBERSHIP NO.2093 - 23 - NC: 2025:KHC:6383 WP No. 2884 of 2025 197. IGNATIUS MASCARENHAS S/O. XAVIOUR MASCARENHAS AGED ABOUT 55 YEARS MEMBERSHIP NO.1644 198. MELWYN JOSEPH FURTADO S/O GRASIUS FURTADO AGED 49 YEARS MEMBERSHIP NO.4331 199. VERONIKA D SOUZA W/O ANIL D SOUZA AGED ABOUT 58 YEARS MEMBERSHIP NO.2102 200. USHA W/O VITTALA SALIAN AGED ABOUT 52 YEARS MEMBERSHIP NO.2839 201. APOLIN NORONHA S/O JEROM NORONHA AGED ABOUT 69 YEARS MEMBERSHIP NO.2494 202. GRACY VEGAS W/O JOSEPH VEGAS AGED ABOUT 62 YEARS MEMBERSHIP NO.3435 203. DAVID D SOUZA S/O FRANCIS D SOUZA AGED ABOUT 78 YEARS MEMBERSHIP NO.3154 204. NALINI W/O KOOSAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.3205 205. SHANTHI D SOUZA W/O MICHEAL D SOUZA AGED ABOUT 58 YEARS MEMBERSHIP NO.3251 - 24 - NC: 2025:KHC:6383 WP No. 2884 of 2025 206. AVINASH K S

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

S/O SRINIVAS ANCHAN AGED ABOUT 52 YEARS MEMBERSHIP NO.3550 207. LAWRENCE OSWALD MONTHEIRO S/O YEALIYAS MONTHEIRO AGED ABOUT 63 YEARS MEMBERSHIP NO.4145 208. MARY D KUNNA W/O JEROM D KUNNA AGED ABOUT 66 YEARS MEMBERSHIP NO.3959 209. CICIILIYA PINTO W/O RAIMOND PINTO AGED ABOUT 70 YEARS MEMBERSHIP NO.4025 210. EDWARD JOSH PERARA S/O N D PERARA AGED ABOUT 64 YEARS MEMBERSHIP NO.4381 211. CHRISTIN PEREIRA S/O EDWARD JOHN PEREIRA AGED ABOUT 62 YEARS MEMBERSHIP NO.4382 212. VARIJA S W/O SRINIVAS AGED ABOUT 70 YEARS MEMBERSHIP NO.2182 ALL ARE MEMBERS OF NEERUMARGA SERVICE COOPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. NEERAMARGA VILLAGE, MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575 029 (BY SRI. RAKSHITH KUMAR, ADVOCATE) …PETITIONERS - 25 - NC: 2025:KHC:6383 WP No. 2884 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC ‘A’ BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY 3. NEERUMARGA SERVICE COOPERATIVE SOCIETY LTD. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. NEERAMARGA VILLAGE, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT - 575 029 REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, NEERUMARGA SERVICE COOPERATIVE SOCIETY LTD., NEERAMARGA VILLAGE, MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575 029. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 AND R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. KITHAN KUMAR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02.02.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 26 - NC: 2025:KHC:6383 WP No. 2884 of 2025 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 Respondents to include the name of these petitioners in the final eligible voters list and permit the Petitioners to cast their votes in the upcoming elections of the respondent No.3 Society which is scheduled to be held on 02.02.2025. ii) Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.” 2. This Court by way of an interim arrangement on 01.02.2025 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 Rakshith Kumar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned - 27 - NC: 2025:KHC:6383 WP No. 2884 of 2025 counsel for respondent No.2 and Sri Kethan Kumar, learned counsel for respondent No.3. 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-Society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to - 28 - NC: 2025:KHC:6383 WP No. 2884 of 2025 be included while counting and the results to be announced. 7. 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 1 2022 (4) AKR 775 - 29 - NC: 2025:KHC:6383 WP No. 2884 of 2025 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 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 - 30 - NC: 2025:KHC:6383 WP No. 2884 of 2025 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 MBM List No.: 2 Sl No.: 48

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