✦ High Court of India

Writ Petition No. 2903 of 2025 · The High Court

Case Details

- 1 - NC: 2025:KHC:6384 WP No. 2903 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. 2903 OF 2025 (CS-EL/M) BETWEEN: 1. PURUSHOTHAMA S/O JARAPPA MOOLYA AGED ABOUT 62 YEARS MEMBERSHIP NO.A2284 2. WILMA DSOUZA W/O ALEX DSOUZA AGED ABOUT 55 YEARS MEMBERSHIP NO.A3473 3. 4. 5. 6. 7. THARA W/O SEETHARAMA AGED ABOUT 53 YEARS MEMBERSHIP NO.A3634 DHANAVANTHI W/O JAYARAMA AGED ABOUT 53 YEARS MEMBERSHIP NO.A3693 YASHODHAR S/O RUKKAYYA POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO.3338 JEMILA W/O SIDDHIK AGED ABOUT 35 YEARS MEMBERSHIP NO.3342 BHARATHI W/O BHASKARA AGED ABOUT 45 YEARS MEMBERSHIP NO.3359 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6384 WP No. 2903 of 2025 8. 9. GOPALA S/O NAGAPPA POOJARY AGED ABOUT 40 YEARS MEMBERSHIP NO.3363 THELMA NOORHAN W/O ROBIN NOORHAN AGED ABOUT 49 YEARS MEMBERSHIP NO.3369 10. DHANANJAYA S/O VITTALA SAALYAN AGED MAJOR MEMBERSHIP NO.3381 11. YAMUNA W/O JANARDHANA POOJARY AGED ABOUT 69 YEARS MEMBERSHIP NO.3388 12. CHARAN RAJ S/O SANJEEVA AGED ABOUT 38 YEARS MEMBERSHIP NO.3396 13. RAGHAVI W/O HONNAYYA POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO.3401 14. DONALD NEELESH LOBO S/O JOSEPH LOBO AGED ABOUT 45 YEARS. MEMBERSHIP NO.3412 15. GRESI RODRIGUES W/O ROBERT RODRIGUES AGED ABOUT 62 YEARS MEMBERSHIP NO.3416 16. NAMITHA DSOUZA W/O VIJAY NIKOLAS AGED ABOUT 45 YEARS MEMBERSHIP NO.3439 - 3 - NC: 2025:KHC:6384 WP No. 2903 of 2025 17. 18. PHILIP LOBO S/O CHAROMO LOBO AGED ABOUT 50 YEARS MEMBERSHIP NO.3443 JAYESH S/O DASAPPA POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO.3444 19. SAVITHA JOGI W/O SAVITHA JOGI AGED ABOUT 41 YEARS MEMBERSHIP NO.3455 20. NESIYA W/O HAJIBYARI AGED ABOUT 48 YEARS MEMBERSHIP NO.A3086 21. KISHANTH KUMAR S/O ANANDA AGED ABOUT 45 YEARS MEMBERSHIP NO.A4132 22. PRITHVI RAJ S/O RUKMOJI RAO AGED ABOUT 30 YEARS MEMBERSHIP NO.A3891 23. DENZIL DSOUZA S/O HERALD DSOUZA AGED ABOUT 39 YEARS MEMBERSHIP NO.A3540 24. SACHIN KUMAR S/O HARISH CHANDRA AGED ABOUT 42 YEARS MEMBERSHIP NO.3626 25. IWAN JAMES PINTO D/O SATHURIN PINTO AGED ABOUT 61 YEARS MEMBERSHIP NO.3628 - 4 - NC: 2025:KHC:6384 WP No. 2903 of 2025 26. VICTOR ROMAN S/O BHOREM MINEGAS AGED ABOUT 72 YEARS MEMBERSHIP NO.3629 27. JANET DISILVA W/O PATRI DISILVA AGED ABOUT 58 YEARS MEMBERSHIP NO.3630 28. KAMALA W/O KRISHNAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.3632 29. 30. JAYAPRAKASH S/O CHANDAYYA DEVADIGA AGED ABOUT 41 YEARS MEMBERSHIP NO.3640 PRAVEEN KUMAR S/O HARISH CHANDRA AGED ABOUT 39 YEARS MEMBERSHIP NO.3645 31. CHARAN S/O PURUSHOTHAM MULYA AGED ABOUT 35 YEARS MEMBERSHIP NO.3647 32. STEVEN CRASTA S/O ATHIKS CRASTA AGED ABOUT 40 YEARS MEMBERSHIP NO.3656 33. SANDHYA RANI W/O VIJAYKUMAR AGED ABOUT 35 YEARS MEMBERSHIP NO.3660 34. BHASKARA S/O NARAYANA AGED ABOUT 60 YEARS MEMBERSHIP NO.3661 - 5 - NC: 2025:KHC:6384 WP No. 2903 of 2025 35. NITHIN S/O SHREEDHAR AGED ABOUT 39 YEARS MEMBERSHIP NO.3663 36. PRASHANTH POOJARY S/O AVARAGI ANTAN AGED ABOUT 40 YEARS MEMBERSHIP NO.3665 37. NAGESH DEVADIGA S/O MUDURA DEVADIGA AGED ABOUT 67 YEARS MEMBERSHIP NO.3681 38. RENUKA W/O LAKSHMANA AGED ABOUT 55 YEARS MEMBERSHIP NO.3698 39. GRETTA SIKVELA W/O LANCY SIKVELA AGED ABOUT 56 YEARS MEMBERSHIP NO.3712 40. SUNDARA S/O. VENKAPPA MOOLYA AGED ABOUT 50 YEARS MEMBER NO.A1090 41. CHRISTIN SALDANHA W/O. AMBROSE SALDANHA AGED ABOUT 65 YEARS MEMBER NO.A1394 42. NOEL LOBO S/O. PASCAL LOBO AGED ABOUT 57 YEARS, MEMBER NO.A2099 43. BENEDICTA NORONHA W/O. VICTOR THOMAS NORONHA AGED ABOUT 70 YEARS MEMBER NO.A2373 - 6 - NC: 2025:KHC:6384 WP No. 2903 of 2025 44. SHANTHI PEREIRA W/O. LANCY PEREIRA AGED ABOUT 50 YEARS MEMBER NO.3165 45. RAMADAS S/O. N P KUTTI AGED ABOUT 55 YEARS MEMBER NO.3170 46. PASCAL D'SOUZA S/O. ALEX D'SOUZA AGED ABOUT 65 YEARS MEMBER NO.3193 47. UMESH B AMIN S/O.SADASHIVA AGED ABOUT 59 YEARS MEMBER NO.3206 48. LUIS D'MELLO S/O. DENIS D'MELLO AGED ABOUT 65 YEARS MEMBER NO.3240 49. VINNI D'SOUZA, W/O. ALOSIUS D'SOUZA AGED ABOUT 59 YEARS MEMBER NO.3242 50. SUJATHA W/O. GOPALAKRISHNA AGED ABOUT 60 YEARS MEMBER NO.3244 51. DAYANANDA S/O. MONAPPA SALIAN AGED ABOUT 55 YEARS MEMBER NO.3261 52. SUKANYA W/O. VISHWANATH K AGED ABOUT 60 YEARS MEMBER NO.3265 - 7 - NC: 2025:KHC:6384 WP No. 2903 of 2025 53. PATRICK D'SILVA S/O. PIUS D'SILVA AGED ABOUT 68 YEARS MEMBER NO.3283 54. DIANA GRACY D'SOUZA W/O. CYRIL D'SOUZA AGED ABOUT 64 YEARS MEMBER NO.3284 55. LOLAKSHI W/O. ANAND ANCHAN AGED ABOUT 62 YEARS MEMBER NO.3300 56. RUKMAYA S/O. LOKAYYA POOJARY AGED ABOUT 67 YEARS MEMBER NO.3308 57. LILLY MASCARENHAS W/O. OSWALD MORAS AGED ABOUT 63 YEARS MEMBER NO.3325 58. MRS. LEENA PERIERA W/O. DANIEL PEREIRA AGED ABOUT 61 YEARS MEMBER NO.A3092 59. GANESH S/O. VENKAPPA POJARY AGED ABOUT 55 YEARS MEMBER NO.A1779 60. MRS. BABY W/O. YOGISH AGED ABOUT 55 YEARS MEMBER NO.A1957 61. MEERA SEQUIERA W/O. ALWYN SEQUIERA AGED ABOUT 58 YEARS MEMBER NO.A2698 - 8 - NC: 2025:KHC:6384 WP No. 2903 of 2025 62. RAMANATH PAI S/O. GANESH PAI AGED ABOUT 45 YEARS MEMBER NO.4146 63. ABHISHEK S/O. RAJESH POOJAR AGED ABOUT 35 YEARS MEMBER NO.4156 64. KIRAN KUMAR S/O. HONNAYYA AGED ABOUT 38 YEARS MEMBER NO.4178 65. ROSHAN JOSEPH D'SOUZA S/O. ALWYN D'SOUZA AGED ABOUT 49 YEARS MEMBER NO.4180 66. ALWYN D'SOUZA S/O. CHARLES D'SOUZA AGED ABOUT 62 YEARS MEMBER NO.4188 67. VASUDEVA SOMAYAJI S/O. B KRISHNA SOMAYAJI AGED ABOUT 68 YEARS MEMBER NO.4194 68. SUNANDA W/O. VISHWANATHA BELCHADA AGED ABOUT 55 YEARS MEMBER NO.4229 69. FRANCIS PINTO S/O. CIRIL PINTO AGED ABOUT 47 YEARS MEMBER NO.4239 70. OSWALD LANCY VAZ S/O. LAZARUS VAZ AGED ABOUT 65 YEARS MEMBER NO.2559 - 9 - NC: 2025:KHC:6384 WP No. 2903 of 2025 71. KRISHNAPPA S/O. JARU MOILY AGED ABOUT 65 YEARS MEMBER NO.4266 72. SUDHAKARA S/O. KESHAVA AGED ABOUT 48 YEARS MEMBER NO.4309 73. VINAYAKA SHENOY S/O. LAKSHMANA SHENOY AGED ABOUT 36 YEARS MEMBER NO.4364 74. GEETHA MORAS W/O. BAPTIST MORAS AGED ABOUT 42 YEARS MEMBER NO.4376 75. BAPTIST MORAS S/O. MATHAIS MORAS AGED ABOUT 45 YEARS MEMBER NO.4377 76. BHAVANI W/O. THUKARAMA DEVADIGA AGED ABOUT 48 YEARS MEMBER NO.4383 77. MOHAMMED THAMSHEED S/O. SIDDIK AGED ABOUT 27 YEARS MEMBER NO.A4664 78. 79. LAVEENA GEETHA D'SOUZA D/O. JEROME D'SOUZA AGED ABOUT 45 YEARS MEMBER NO.A4452 JUSTIN NORONHA S/O. STANLY NORONHA AGED ABOUT 25 YEARS MEMBER NO.A4466 - 10 - NC: 2025:KHC:6384 WP No. 2903 of 2025 80. JASON SHAWN NORONHA S/O. STANLY NORONHA AGED ABOUT 25 YEARS MEMBER NO.A4467 81. ALPHONSE FELIX D'SOUZA S/O. AUGUSTINE D'SOUZA AGED ABOUT 65 YEARS MEMBER NO.1264 82. DENIS D'SOUZA S/O. PAUL D'SOUZA AGED ABOUT 52 YEARS MEMBER NO.1339 83. ESHWARA S/O. KUTTI MOOLYA AGED ABOUT 55 YEARS MEMBER NO.1364 84. ALPHONSE D'MELLO S/O. MARCEL D'MELLO AGED ABOUT 68 YEARS MEMBER NO.1424 85. KAVERI W/O. UMANA POOJARY AGED ABOUT 72 YEARS MEMBER NO.1480 86. MERI NORONHA W/O. SEBASTIAN NORONHA AGED ABOUT 61 YEARS MEMBER NO.1490 87. GRACY D'MELLO W/O. JERI D'MELLO AGED ABOUT 58 YEARS MEMBER NO.1653 88. RICHARD PINTO S/O. ROBERT PINTO AGED ABOUT 64 YEARS MEMBER NO.1684 - 11 - NC: 2025:KHC:6384 WP No. 2903 of 2025 89. GANESH PAI S/O RAMARAYA PAL AGED ABOUT 64 YEARS MEMBER NO.2010 90. SHARADA PAI B W/O. GANESH PAI AGED ABOUT 61 YEARS MEMBER NO.2018 91. SATHISH S/O. RUKMAYA POOJARY AGED ABOUT 48 YEARS MEMBER NO.2057 92. KRISHNAPPA S/O. PAKEERA BELCHADA AGED ABOUT 58 YEARS MEMBER NO.2076 93. DEVAKI W/O. DOOMAPPA POOJARY AGED ABOUT 68 YEARS MEMBER NO.2078 94. NAVEEN KUMAR S/O. RAMACHANDRA AGED ABOUT 62 YEARS MEMBER NO.2113 95. ASHRAF S/O. N. MOHAMMAD, AGED ABOUT 45 YEARS MEMBER NO.A3322 96. SOMASHAKARA S/O. KRISHNAPPA MOILY AGED ABOUT 56 YEARS MEMBER NO.A2942 97. LALITHA W/O BALAKRISHNA SHETTY AGED ABOUT 57 YEARS MEMBER NO.A2787 - 12 - NC: 2025:KHC:6384 WP No. 2903 of 2025 98. GOPALA S/O. SESAPPA POOJARY AGED ABOUT 50 YEARS MEMBER NO.2749 99. LIZI MENEZES W/O. VICTOR MENEZES AGED ABOUT 51 YEARS MEMBER NO.2129 100. CHANDRASHEKARA S/O. RAGHAVA BELCHADA AGED ABOUT 52 YEARS MEMBER NO.2189 101. MAMATHA W/O. LOKAYYA SALIAN AGED ABOUT 61 YEARS MEMBER NO.2192 102. WILMA CELIN PINTO W/O. OLIVER OSWALD PINTO AGED ABOUT 57 YEARS MEMBER NO.2193 103. OLWYN CRASTA S/O. NORBERT CRASTA AGED ABOUT 54 YEARS MEMBER NO.2207 104. JECINTHA W/O. OLWYN D’SOUZA AGED ABOUT 54 YEARS MEMBER NO.2220 105. RUKMINI W/O. AITHAPPA POOJARY AGED ABOUT 44 YEARS MEMBER NO.2266 106. CELIN D'SOUZA W/O. ELIYAS D'SOUZA AGED ABOUT 57 YEARS MEMBER NO.2306 - 13 - NC: 2025:KHC:6384 WP No. 2903 of 2025 107. KEVIN D'PAUL S/O. MARC D'PAUL AGED ABOUT 50 YEARS MEMBER NO.2310 108. HILLARY VAS W/O. LAZARUS VAS AGED ABOUT 64 YEARS MEMBER NO.2339 109. FRANCIS S/0. VICTOR CASTELINO AGED ABOUT 68 YEARS MEMBER NO.2347 110. ANAND D'SILVA S/O. VINCENT D'SILVA AGED ABOUT 38 YEARS MEMBER NO.2354

Legal Reasoning

111. SHRIDHAR RAO S/O. SOMOJI RAO AGED ABOUT 51 YEARS MEMBER NO.2360 112. LALITHA W/O. SADASHIVA POOJARY AGED ABOUT 51 YEARS MEMBER NO.2452 113. BEBY W/O. CHANDAYYA DEVADIGA AGED ABOUT 68 YEARS MEMBER NO.2487 114. ANIL NORONHA S/O. ALBERT NORONHAL AGED ABOUT 49 YEARS MEMBER NO.A3065 115. PRAMEELA W/O. JAYANTH KOTIAN AGED ABOUT 45 YEARS MEMBER NO.A3071 - 14 - NC: 2025:KHC:6384 WP No. 2903 of 2025 116. HEMAVATHI W/O. KRISHNAPPA AGED ABOUT 56 YEARS MEMBER NO.A3139 117. MAMATHAC W/O. KESHAVA AGED ABOUT 50 YEARS MEMBER NO.A3324 118. MICHAEL LOBO S/O. JACOB LOBO AGED ABOUT 65 YEARS MEMBER NO.386 119. KAMLA BAIDEDI W/O. RUKMAYA POOJARY AGED ABOUT 65 YEARS MEMBER NO.403 120. JOHN D'SOUZA S/O. LOWRENCE D'SOUZA AGED ABOUT 72 YEARS MEMBER NO.570 121. NONAYYA POOJARY S/O. THIMMAPPA POOJARY AGED ABOUT 69 YEARS MEMBER NO.721 122. MUTTHAPPE S/O. POOVA MOOLYA AGED ABOUT 78 YEARS MEMBER NO.893 123. MONAPPA MOOLYA S/O. SHIVAPPA MOOLYA AGED ABOUT 78 YEARS MEMBER NO.893 124. STEPHEN PINTO S/O. PAUL PINTO AGED ABOUT 49 YEARS MEMBER NO.953 - 15 - NC: 2025:KHC:6384 WP No. 2903 of 2025 125. MERI MISKITH W/O. AMBROSE CRASTA AGED ABOUT 74 YEARS MEMBER NO.962 126. SUNDARI W/O. PURUSHOTTHAMA AGED ABOUT 59 YEARS MEMBER NO.973 127. OSWALD MORAS S/O. BONAVENCHURE MORAS AGED ABOUT 62 YEARS MEMBER NO.1046 128. MARGARETE D'SILVA W/O. JOSEPH D'SILVA AGED ABOUT 68 YEARS MEMBER NO.1069 129. SUNDARA K S/O. VENKAPPA MOOLYA AGED ABOUT 52 YEARS MEMBER NO.1090 130. JAYANTHA S/O. T K KOTIAN AGED ABOUT 61 YEARS MEMBER NO.1095 131. PASCAL DONALD PINTO S/O. JOCHIM PINTO AGED ABOUT 52 YEARS MEMBER NO.1185 132. MAHABALA KARKERA S/O. PARAMESHWARA POOJARY AGED ABOUT 52 YEARS MEMBER NO.1257 133. SRI. VASANTHA K S/O. NARAYANA K AGED ABOUT 48 YEARS, MEMBER NO.A2510 - 16 - NC: 2025:KHC:6384 WP No. 2903 of 2025 134. SRI. MURALIDHAR S/O. ISHWARA POOJARY AGED ABOUT 52 YEARS, MEMBER NO.2451 135. SRI. RAINY TONY DSOUZA S/O. MATIAS D SOUZA AGED ABOUT 52 YEARS, MEMBER NO.A2481 136. NAYANA KUMARI W/O. SHIKHARA AGED ABOUT 51 YEARS, MEMBER NO.A2513 137. KRISHNAPPA MOYLY S/O VAINTHA MYLI AGED ABOUT 50 YEARS MEMBERSHIP NO.2544 138. HONNAMMA W/O SHEKARA POOJARY AGED ABOUT 50 YEARS MEMBERSHIP NO.2555 139. BABY W/O DINESH DEVADIGA AGED ABOUT 52 YEARS MEMBERSHIP NO.2571 140. RAJAVATHI W/O RAJU. AGED ABOUT 55 YEARS MEMBERSHIP NO.2577 141. SUDHARSHAN S/O DINESH DEVADIGA AGED ABOUT 50 YEARS MEMBERSHIP NO.2648 142. BHASKAR POOJARY S/O BALU POOJARY AGED ABOUT 58 YEARS MEMBERSHIP NO.2685 - 17 - NC: 2025:KHC:6384 WP No. 2903 of 2025 143. LILLY PEREIRA S/O DAVID PIREIRA AGED ABOUT 68 YEARS MEMBERSHIP NO.2713 144. DAMAYANTHI W/O HARISH CHANDRA SALIYAN AGED ABOUT 51 YEARS MEMBERSHIP NO.2724 145. PRAVEEN S/O VASANTH BELCHADA AGED ABOUT 56 YEARS MEMBERSHIP NO.2737 146. DEVAKI W/O VAMANA DEVADIGA AGED ABOUT 69 YEARS MEMBERSHIP NO.2751 147. CHANDRASHEKARA S/O KESHAVA AGED ABOUT 65 YEARS MEMBERSHIP NO.2770 148. CICILIYA DSOUZA W/O RONALD DSOUZA AGED ABOUT 65 YEARS MEMBERSHIP NO.2778 149. DAYANANDA BANGERA S/O VISHWANATHA K AGED ABOUT 49 YEARS MEMBERSHIP NO.2813 150. SUBHRAMANYA RAV K S/O MADAVA RAO D AGED ABOUT 68 YEARS MEMBERSHIP NO.2880 151. REENA D'CUNA D/O LIGORI DSOUZA AGED MAJOR MEMBERSHIP NO.4430 - 18 - NC: 2025:KHC:6384 WP No. 2903 of 2025 152. JOCHINVAS S/O JOHN M AGED MAJOR MEMBERSHIP NO.860 153. BENEDICT DEMELO W/O NOT KNOWN AGED MAJOR MEMBERSHIP NO.1290 154. SHEELA DSOUZA W/O SHINY TONY DSOUZA AGED MAJOR MEMBERSHIP NO.2381 155. VIYALLATRIJA D'PAULA W/O KEVIN D'PAULA AGED ABOUT 45 YEARS MEMBERSHIP NO.4425 156. REEMA D'CUNHA D/O LISORI D'CUNHA AGED ABOUT 26 YEARS MEMBERSHIP NO.4430 157. AKKAMMA W/O RAJESH AGED ABOUT 65 YEARS MEMBERSHIP NO.4432 158. NAYANA W/O UDAYA KUMAR AGED ABOUT 49 YEARS MEMBERSHIP NO.4446 159. LIVINA GEETHA D'SOUZA W/O JEROME D'SOUZA AGED ABOUT 48 YEARS MEMBERSHIP NO.44452 160. JESLI JAMES MARTIS D/O RICHARD JERALD MARTIS AGED ABOUT 55 YEARS MEMBERSHIP NO.4460 - 19 - NC: 2025:KHC:6384 WP No. 2903 of 2025 161. KAVITHA W/O SUJITH KUMAR AGED ABOUT 45 YEARS MEMBERSHIP NO.4485 162. ROHINI W/O SUNDAR AGED ABOUT 38 YEARS MEMBERSHIP NO.4486 163. LOID SACHIN MINEZAS S/O T S MINEZAS AGED ABOUT 32 YEARS MEMBERSHIP NO.4487 164. LAKSHMI PRASAS RAI D/O KOCHANNA RAI AGED ABOUT 51 YEARS MEMBERSHIP NO.4497 165. PRAKASH BHATT S/O SUBHRAMANYA BHATT AGED ABOUT 58 YEARS MEMBERSHIP NO.4512 166. JAISON D'SOUZA S/O ALVIN D'SOUZA AGED ABOUT 29 YEARS MEMBERSHIP NO.4537 167. MANISH M K S/O MOHANDAS KULAL AGED ABOUT 23 YEARS MEMBERSHIP NO.4543 168. RAKSHITH S/O BALAKRISHNA AGED ABOUT 22 YEARS MEMBERSHIP NO.4573 169. VINODA W/O GOPALA POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO.4579 - 20 - NC: 2025:KHC:6384 WP No. 2903 of 2025 170. SRINIVAS S/O SIDDAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO.A3716 171. YASHWANTH S/0 RAMACHANDRA DEVADIGA AGED ABOUT 50 YEARS MEMBERSHIP NO.A3837 172. FLOSSY FERNANDES W/O PETER FERNANDES AGED ABOUT 58 YEARS MEMBERSHIP NO.A3476 173. DINESH BHAT S/O PADMANABHA BHAT AGED ABOUT 52 YEARS MEMBERSHIP NO.A1631 174. SUMIT HRA SHENOY W/O DAYANANDA SHENOY AGED ABOUT 65 YEARS MEMBERSHIP NO.2887 175. SHASHIKALA W/O GANGADHARA AGED ABOUT 55 YEARS MEMBERSHIP NO.2893 176. SUBHASH POOJARY S/O VEERAMESHWARA POOJARY AGED ABOUT 61 YEARS MEMBERSHIP NO.2893 177. CHANDRASHEKARA S/O ANNAPPA AGED ABOUT 65 YEARS MEMBERSHIP NO.2928 178. HENRY DSOUZA S/O SYLVESTER DSOUZA AGED ABOUT 52 YEARS MEMBERSHIP NO.2936 - 21 - NC: 2025:KHC:6384 WP No. 2903 of 2025 179. WILSON DSOUZA W/O BARNARD DSOUZA AGED ABOUT 62 YEARS MEMBERSHIP NO.2941 180. SAVITHA W/O PRAMODH KULAL AGED ABOUT 45 YEARS MEMBERSHIP NO.2956 181. PRAMOD KULAL S/O ANAND AGED ABOUT 60 YEARS MEMBERSHIP NO.2960 182. RAJEEV R KAMATH S/O RAMADAS S KAMATH AGED ABOUT 57 YEARS MEMBERSHIP NO.2969 183. MOHINI W/O RAMA AGED ABOUT 65 YEARS MEMBERSHIP NO.2975 184. SHOBHA W/O SUDHAKARA AGED ABOUT 42 YEARS MEMBERSHIP NO.2991 185. JAYANTHI W/O KESHAVA AGED ABOUT 58 YEARS MEMBERSHIP NO.3017 186. DIVAKARA S/O NARAYANA POOJARY AGED ABOUT 51 YEARS MEMBERSHIP NO.3027 187. PRAKASH V NAYAK S/O B V NAYAK AGED ABOUT 71 YEARS MEMBERSHIP NO.A2088 - 22 - NC: 2025:KHC:6384 WP No. 2903 of 2025 188. STEEVAN ROSHAN FERNANDIS S/O VICTOR FERNANDIS AGED ABOUT 42 YEARS MEMBERSHIP NO.A2703 189. PHILOMINA DSOUZA W/O I E CIPRIYAN DSOUZA AGED ABOUT 56 YEARS MEMBERSHIP NO.A2827 190. ALIS SALDANHA W/O LORENS SALDANHA AGED ABOUT 68 YEARS MEMBERSHIP NO.A3006 191. PRAKASH V NAYAK S/O NARAYAN AGED ABOUT 71 YEARS MEMBERSHIP NO.2088 192. ABDUL HAMEED S/O HASANABBA AGED ABOUT 61 YEARS MEMBERSHIP NO.3469 193. LAKSHMI PRASAD RAI W/O KOCHANNA RAI AGED ABOUT 51 YEARS MEMBERSHIP NO.4497 194. DONALD LOBO S/O JOSEPH LOBO AGED ABOUT 46 YEARS MEMBERSHIP NO.3412 195. PAUL RODRIGUES S/O JOHN BAPTIST RODIGUES AGED ABOUT 51 YEARS MEMBERSHIP NO.3611 196. GLACY VEGUS W/O JOSEPH VEGUS AGED ABOUT 60 YEARS MEMBERSHIP NO.3435 - 23 - NC: 2025:KHC:6384 WP No. 2903 of 2025 197. USHA W/O VITTAL SALIYAN AGED ABOUT 45 YEARS MEMBERSHIP NO.2839 198. ALBERT NORONHA S/O LAVIS NORONHA AGED ABOUT 75 YEARS MEMBERSHIP NO.1408 199. COSSES NORANHA W/O ALBERT NORANHA AGED ABOUT 72 YEARS MEMBERSHIP NO.1463 200. SUNIL RODRIGUES S/O JOSEPH RODRIGUES AGED ABOUT 44 YEARS MEMBERSHIP NO.3458 201. LUCY RODRIGUES S/O JOSEPH RODRIGUES AGED ABOUT 70 YEARS MEMBERSHIP NO.4770 202. LOYED MENEZES S/O THOMAS MENEZES AGED ABOUT 40 YEARS MEMBERSHIP NO.4487 203. HILARY D'SILVA S/O RAYMOND D'SILVA AGED ABOUT 65 YEARS MEMBERSHIP NO.3926 204. JOEL PEREIRA S/O VICTOR PEREIRA AGED ABOUT 38 YEARS MEMBERSHIP NO.4163 205. VICTOR PEREIRA S/O PEREIRA AGED ABOUT 70 YEARS MEMBERSHIP NO.912 - 24 - NC: 2025:KHC:6384 WP No. 2903 of 2025 206. SRI. RICHARD GERALD MARTIS S/O. LIGORI MARTIS AGED ABOUT 56 YEARS, MEMBER NO.A4252 207. MARTAVAS W/O. CHARLES AGED ABOUT 65 YEARS, MEMBER NO.A2875 208. SRI. CHARLESVAZ S/O. JHONVAZ AGED ABOUT 70 YEARS, MEMBER NO.A2883 209. VEENA MARTA W/O. JAGANNATH MARTA AGED ABOUT 53 YEARS, MEMBER NO.A3152 210. PUSHPA W/O.CHANDRAHASA AGED ABOUT 57 YEARS, MEMBER NO.3718 211. GEETA W/O. SADASHIVA AGED ABOUT 60 YEARS, MEMBER NO.3759 212. SRI.RAMESHA S/O. GOPAL POOJARY AGED ABOUT 51 YEARS, MEMBER NO.3778 213. SRI. JAISON SURAJ PEREIRA S/O. JAROM PEREIRA AGED ABOUT 34 YEARS, MEMBER NO.3834 214. SRI. YASHAWANTH S/O. RAMACHANDRA DEVADIGA AGED ABOUT 49 YEARS, MEMBER NO.3837 - 25 - NC: 2025:KHC:6384 WP No. 2903 of 2025 215. SRI. ANANDA S/O. AYYAPPA AGED ABOUT 62 YEARS, MEMBER NO.3856 216. SRI. LOHIT S/O. CHANDAPPA MOOLYA AGED ABOUT 35 YEARS, MEMBER NO.3865 217. SUNITHA D'MELLO W/O. VALERIAN D'MELLO AGED ABOUT 45 YEARS, MEMBER NO.3887 218. MOHINA W/O. SHANBHA BANGERA AGED ABOUT 55 YEARS, MEMBER NO.3905 219. SRI. NITHIN S/O. HARISH CHANDRA BELCHADA AGED ABOUT 39 YEARS, MEMBER NO.3922 220. HILLARI D'SILVA W/O. RAYMOND D'SILVA AGED ABOUT 55 YEARS, MEMBER NO.3926 221. SRI. ALVIN VIJAYA LOBO S/O. WILSON LOBO AGED ABOUT 46 YEARS, MEMBER NO.3939 222. SRI. CHETHAN S/O. NARAYANA AGED ABOUT 30 YEARS, MEMBER NO.3947 223. SRI. VISHWANATH SUVARNA S/O. DEVU POOJARY AGED ABOUT 55 YEARS, MEMBER NO.3978 - 26 - NC: 2025:KHC:6384 WP No. 2903 of 2025 224. ASHWINI D'SOUZA W/O. HENRY D'SOUZA AGED ABOUT 39 YEARS, MEMBER NO.3986 225. SRI. VICTOR MENEZES S/O. X M MENEZES AGED ABOUT 55 YEARS, MEMBER NO.2361 226. USHA W/O. VITTAL SALIYAN AGED ABOUT MAJOR, MEMBER NO.2839 227. SRI. K VITTAL SALIYAN S/O. CHIKKANNA KUNDAR AGED MAJOR, MEMBER NO.2489 228. SEVRINE D'MELLO S/O. VICTOR D'MELLO AGED ABOUT 61 YEARS, MEMBER NO.A3928 229. SRI. GOPAL MOILY S/O. KRISHNA MOILY AGED ABOUT 70 YEARS, MEMBER NO.491 230. SRI. HARISH BELCHADA S/O. UPENDRA AGED ABOUT 55 YEARS, MEMBER NO.865 231. SHARADA W/O.B K SALIYAN AGED ABOUT 70 YEARS, MEMBER NO.1413 232. SRI. LEO MONTERO S/O. JOHN MONTERO AGED ABOUT 56 YEARS, MEMBER NO.1604 - 27 - NC: 2025:KHC:6384 WP No. 2903 of 2025 233. SRI. DINESH BHAT S/O. PADMANA BHAT AGED ABOUT 49 YEARS MEMBER NO.1631 234. VICTM HENRY LOBO S/O MINGEL LOBE AGED ABOUT 70 YEARS MEMBER NO.1626 235. TERESA CRASTA W/O. CYRIL CRASTA AGED ABOUT 70 YEARS, MEMBER NO.1713 236. DEVAKI W/O. RAMESH AGED ABOUT 65 YEARS, MEMBER NO.1751 237. HEMAVATHI W/O. NARAYANA AGED ABOUT 60 YEARS, MEMBER NO.1755 238. SRI. GANESHA S/O. VENKAPPA POOJARY AGED ABOUT 50 YEARS, MEMBER NO.1779 239. SRI. LAWRENCE PINTO S/O. SEBASTIAN PINTO AGED ABOUT 65 YEARS, MEMBER NO.1890 240. SRI. ALVIN NORANHA S/O. JEROM NORANHA AGED ABOUT 60 YEARS, MEMBER NO.1905 241. SRI. RAYMOND D'SOUZA S/O. MICHEALD'SOUZ AGED ABOUT 55 YEARS, MEMBER NO.1933. - 28 - NC: 2025:KHC:6384 WP No. 2903 of 2025 242. SRI. NARAYANA M S/O. POOVAPPA, AGED ABOUT 57 YEARS, MEMBER NO.A2663 243. SEVERYN JESINTA MONTERO W/O. JOHN SHABI M AGED ABOUT 58 YEARS, MEMBER NO.2943 244. SRI. RAMACHANDRA S/O. SESAPPA AGED ABOUT 59 YEARS, MEMBER NO.A2925 245. SHOBA W/O. SHIVAPRASAD AGED ABOUT 48 YEARS, MEMBER NO.A3376 246. RESSIKA W/O. SATISH AGED ABOUT 45 YEARS, MEMBER NO.3465 247. SRI. ABDUL RAHIMAN S/O. HASANABBA AGED ABOUT 55 YEARS MEMBERSHIP NO.3469 248. VISHALAKSHI W/O. ANAND RAO AGED ABOUT 55 YEARS, MEMBER NO.3495 249. SRI. AVIL RAJESH D'SOUZA S/O. HERRALD D'SOUZA AGED ABOUT 38 YEARS, MEMBER NO.3514 250. JAYA W/O. VENKAPPA AGED ABOUT 48 YEARS, MEMBER NO.3552 - 29 - NC: 2025:KHC:6384 WP No. 2903 of 2025 251. SHANTI W/O.SURESH AGED ABOUT 58 YEARS, MEMBER NO.3553 252. NALINAKSHI W/O. UPENDRA AGED ABOUT 46 YEARS, MEMBER NO.3555 253. SRI RAVINDRA DEVADIGA S/O. NARAYANA DEVADIGA AGED ABOUT 53 YEARS, MEMBER NO.3574 254. NAYANA REKHA W/O. LAKSHMANA KARKERA AGED ABOUT 42 YEARS, MEMBER NO.3575 255. WILMA S. CRASTA W/O. JOHN MENDONSA AGED ABOUT 48 YEARS, MEMBER NO.3580 256. SRI. BALAKRISHNA W/O. HONNAIAH POOJARY AGED ABOUT 56 YEARS, MEMBER NO.3602 257. SRI. UMANATHA W/O. ANANDA DEVADIGA AGED ABOUT 53 YEARS, MEMBER NO.3603 258. SRI. PRASANNA NAIK S/O. RAMANA NAIK AGED ABOUT 63 YEARS, MEMBER NO.3609 259. SRI. PAUL RODRIGEUS S/O JOHN RODRIGEUS AGED ABOUT 53 YEARS, MEMBER NO.3611 - 30 - NC: 2025:KHC:6384 WP No. 2903 of 2025 260. VINCENT KUNUTE D'SOUZA S/O.SILVESTER D'SOUZA AGED ABOUT 56 YEARS, MEMBER NO.3622 261. NAGESH S/O NARASAPPA AGED ABOUT MAJOR MEMBERSHIP NO.3687 262. DHANUPRASAD S/O NONAIAH POOJARY AGED ABOUT 39 YEARS MEMBERSHIP NO.4340 263. PREMA KUMARI W/O DEVANDRA AGED ABOUT 45 YEARS MEMBERSHIP NO.4362 264. LILLY MENEZAS W/O VICOR MENEZAS AGED ABOUT 55 YEARS MEMBERSHIP NO.4379 265. VEDAVYAS BHAT S/O KRISHNA BHAT AGED ABOUT 67 YEARS MEMBERSHIP NO.291 266. INDIRA W/O HONNAIAH JOGI AGED ABOUT 47 YEARS MEMBERSHIP NO.1830 267. VARIJA W/O TUKARAM K AGED ABOUT 54 YEARS MEMBERSHIP NO.2141 268. VARIJA S W/O SRINIVAS S AGED ABOUT 58 YEARS MEMBERSHIP NO.2182 - 31 - NC: 2025:KHC:6384 WP No. 2903 of 2025 269. TUKARAM K S/O MONAPPA POOJARY AGED ABOUT 49 YEARS MEMBERSHIP NO.2215 270. RAVIPRASAD S/O SUBRAMANYA BHAT AGED ABOUT 55 YEARS MEMBERSHIP NO.2498 271. UDAYA KUMAR S/O SUNDRA MOILY AGED ABOUT 42 YEARS MEMBERSHIP NO.3060 272. VENKATESH S/O SESAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO.3127 273. AVINASH K S S/O SRINIVAS ANCHAN AGED ABOUT 37 YEARS MEMBERSHIP NO.3550 274. BABITA W/O K NARAYANA AGED ABOUT 41 YEARS MEMBERSHIP NO.3687 275. NAGESH S/O NARASAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.3687 276. CHANDRAIAH ACHARY S/O SUBRAYA ACHARY AGED ABOUT 65 YEARS MEMBERSHIP NO.3690 277. JALAJA W/O BABU AGED ABOUT 58 YEARS MEMBERSHIP NO.3694 - 32 - NC: 2025:KHC:6384 WP No. 2903 of 2025 278. TUKARAMA S/O VASUDEVADIGA AGED ABOUT 67 YEARS MEMBERSHIP NO.3714 279. USHA W/O. BHASKARA AGED ABOUT 46 YEARS, MEMBER NO.3720 280. SRI. PRASANNA NAIK S/O.RAMAKRISHNA BHAT AGED ABOUT 41 YEARS, MEMBER NO.3810 281. NALINI B W/O. SRIPATHI P R AGED ABOUT 48 YEARS, MEMBER NO.3864 282. NAVEEN S/O. RAMA AMIN AGED ABOUT 45 YEARS, MEMBER NO.4008 283. BHAVITH RAJ S/O. UMANATH KOTIYAN AGED ABOUT 32 YEARS, MEMBER NO.4197 284. IRENE D'SOUZA W/O. MICHEAL D'SOUZA AGED ABOUT 42 YEARS, MEMBER NO.963 285. KESHAVA KOTTARI S/O. ANGARA KOTTARI AGED ABOUT 58 YEARS, MEMBER NO.1346 286. DEVADAS S/O. RAMA AMIN AGED ABOUT 57 YEARS, MEMBER NO.1627 - 33 - NC: 2025:KHC:6384 WP No. 2903 of 2025 287. VIJAYA C BALIGA W/O. CHANDRA SHEKHAR BALIGA AGED ABOUT 65 YEARS, MEMBER NO.1665 288. BHAVANA BHAT W/O. BHARATH BHAT AGED ABOUT 47 YEARS, MEMBER NO.1833 289. ANNAPPA MOOLYA, S/O.AYTHAPPA MOOLYA AGED ABOUT 80 YEARS, MEMBER NO.1873 290. DINESH S/O. THIMMAPPA BANGERA AGED ABOUT 50 YEARS, MEMBER NO.1960 291. CICILIA LOBO W/O. IGNACIOUS LOBO AGED ABOUT 56 YEARS, MEMBER NO.1976 292. KUSUMAVATHI W/O. LAKSHMANA ACHARY AGED ABOUT 60 YEARS, MEMBER NO.2063 293. NAVEEN S/O. RAMA AMIN AGED ABOUT 61 YEARS, MEMBER NO.4008 294. CHANDRAHASA K S/O. KAMPANA MOOLYA AGED ABOUT 40 YEARS, MEMBER NO.4015 295. YASHODA B W/O. JANARDHANA B AGED ABOUT 53 YEARS, MEMBER NO.4583 - 34 - NC: 2025:KHC:6384 WP No. 2903 of 2025 296. KUSUMA W/O. RATNAKARA AGED ABOUT 50 YEARS, MEMBER NO.3735 297. PUNITH S/O.SHIVAPRASAD AGED ABOUT 39 YEARS, MEMBER NO.4530 298. SUNITHA W/S. DINAKARA AGED ABOUT YEARS, MEMBER NO.4563 299. CARVIN VAS W/O. JEROMVAS AGED ABOUT 42 YEARS, MEMBER NO.4561 300. GANESH P S/O. PUTTAIAH ACHAR AGED ABOUT 56 YEARS, MEMBER NO.3713 301. JESINTA FERNANDIS S/O. JOSEPH FERNANDIS AGED ABOUT 48 YEARS, MEMBER NO.3724 302. KAMALA MOILY W/O. RAMADEVADIGA AGED ABOUT 77 YEARS, MEMBER NO.3734 303. KUSUMA W/O. RATHNAKAR AGED ABOUT 41 YEARS, MEMBER NO.3735 304. PREMA POOJARTHY W/O. SANJEEVA POOJARY AGED ABOUT 67 YEARS, MEMBER NO.3747 - 35 - NC: 2025:KHC:6384 WP No. 2903 of 2025 305. SASHIKALA W/O. DAYANANDA AGED ABOUT 44 YEARS, MEMBER NO.3761 306. HELEN CRASTA W/O. JOSEPH CRASTA AGED ABOUT 53 YEARS, MEMBER NO.3763 307. MANJUNATHA S/O. SOMMAIAH MOILY AGED ABOUT 46 YEARS, MEMBER NO.3777 308. LEENA D'SOUZA W/O. EVEREST D'SOUZA AGED ABOUT 65 YEARS, MEMBER NO.3838 309. NAGENDRA S/O. SESAPPA AGED ABOUT 38 YEARS, MEMBER NO.3898 310. PREEDA SHEMBA PEREIRA W/O. AVINASH PEREIRA AGED ABOUT 38 YEARS, MEMBER NO.3967 311. ROSHNI D'SOUZA W/O. PRAVEEN D'SOUZA AGED ABOUT 40 YEARS, MEMBER NO.4076 312. VIDYA SUJEER W/O. SUJEER SHREEDHAR AGED ABOUT 45 YEARS, MEMBER NO.4136 313. LATHA W/O. SHREEDAR AGED ABOUT 52 YEARS, MEMBER NO.4505 - 36 - NC: 2025:KHC:6384 WP No. 2903 of 2025 314. BHASKARA S/OSANJEEVA BELCHADA AGED ABOUT 53 YEARS, MEMBER NO.2483 315. VISHWANATH SUVARNA S/O. DEVU POOJARY AGED ABOUT 57 YEARS, MEMBER NO.A3978 316. GEETHA KUMARI W/O. JAGADISHA ACHARYA AGED ABOUT 47 YEARS, MEMBER NO.A3204 317. NALINI W/O. YADAVA AGED ABOUT 49 YEARS, MEMBER NO.A2950 318. SANTOSH AUGUSTINE D'CRUZ S/O. SEBASTIAN D'CRUZ AGED ABOUT 49 YEARS, MEMBER NO.A2947 319. GANESH PRASAD S/O NARAYANA M K AGED ABOUT 45 YEARS, MEMBER NO.3989 320. DIXIT KUMAR S/O. VISHWANATHA AGED ABOUT 32 YEARS, MEMBER NO.4006 321. HARSHA S/O. SUNDARA MOILY AGED ABOUT 35 YEARS, MEMBER NO.4014 322. VASANATHA S AMIN W/O. B SADASHIVA AGED ABOUT 58 YEARS, MEMBER NO.4018 - 37 - NC: 2025:KHC:6384 WP No. 2903 of 2025 323. DINESH S/0.B K SALIAN AGED ABOUT 51 YEARS, MEMBER NO.4046 324. FRANCIS JOSHLI SALDANHA S/O. JULIAN SALDANHA AGED ABOUT 42 YEARS, MEMBER NO.4051 325. PRASAD S/O. VASANTHA BANGERA AGED ABOUT 34 YEARS, MEMBER NO.4077 326. VANITHA W/O. MOHAN DAS AGED ABOUT 38 YEARS, MEMBER NO.4093 327. ARUNA P RAO W/O. PADMARAJ RAO AGED ABOUT 42 YEARS, MEMBER NO.4096 328. SANTOSH D'MELLO S/O. VICTOR D'MELLO AGED ABOUT 29 YEARS, MEMBER NO.4097 329. SUSHANTH S/O. UMANATHA AGED ABOUT 34 YEARS, MEMBER NO.4098 330. RAJESH S/O. ANANDA BELCHADA AGED ABOUT 41 YEARS, MEMBER NO.4120 331. SUJATHA W/O. SACHIN KUMAR AGED ABOUT 38 YEARS, MEMBER NO.4127 332. LAWRENCE OSWALD MONTERO S/O. ELIYAS MONTERO AGED ABOUT 62 YEARS, - 38 - NC: 2025:KHC:6384 WP No. 2903 of 2025 MEMBER NO.4145 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. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. …PETITIONERS 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 CO-OPERATIVE SOCIETY LTD., NEERAMARGA VILLAGE, MANGALORE TLAUK DAKSHINA KANNADA DISTRICT-5675 029 (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. KETHAN KUMAR, ADVOCATE FOR R3) …RESPONDENTS 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 VOTERS LIST AND PERMIT AND 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. - 39 - NC: 2025:KHC:6384 WP No. 2903 of 2025 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 Respondents to include the names of these Petitioners in the final eligible voters list and permit and 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. - 40 - NC: 2025:KHC:6384 WP No. 2903 of 2025 3. Heard Sri Dhananjay Kumar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned 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. - 41 - NC: 2025:KHC:6384 WP No. 2903 of 2025 6. Learned counsel for respondent No.3-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. Respondent No.3-society has not placed any material to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of 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 1 2022 (4) AKR 775 - 42 - NC: 2025:KHC:6384 WP No. 2903 of 2025 be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:

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 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. - 43 - NC: 2025:KHC:6384 WP No. 2903 of 2025 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 MBM List No.: 2 Sl No.: 51

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