Writ Petition No. 2900 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2900 OF 2025 (CS-EL/M) WRIT PETITION NO. 2296 OF 2025 (CS-EL/M) C/W IN WP No. 2900/2025 BETWEEN:
Legal Reasoning
SMT. N.S. PRAMILA, AGED ABOUT 45 YEARS, W/O P.S. NANDESH, RESIDENT OF NO.35, DASANAKOPPALU MAIN ROAD, MANASA DEVINE, MARATIKYATHANAHALLI, BOGADI POST, MYSORE - 570 026. …PETITIONER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA (BY SRI. SHANTAKUMAR K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, - 2 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 SAYAJI RAO ROAD, MYSORE - 570 024. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE - 570 024. 4. THE RETURNING OFFICER, PIRIYAPATTANA TALUK PRIMARY CO-OPERATIVE RURAL DEVELOPMENT BANK LTD., PIRIYAPATTANA, MYSORE - 570 024. 5. THE CHIEF EXECUTIVE OFFICER, PIRIYAPATTANA TALUK PRIMARY CO-OPERATIVE RURAL DEVELOPMENT BANK LTD., PIRIYAPATTANA, MYSORE - 570 024. 6. THE CO-OPERATIVE ELECTIONS AUTHORITY, 3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, K.H. ROAD, BANGALORE - 027, BY ITS COMMISSIONER, (SOCIETY REPRESENTED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) (BY SRI. YOGESH D. NAIK, AGA, FOR R1 TO R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6; SRI. RAMACHANDRA R. NAIK, ADVOCATE FOR R5) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 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 PETITIONER TO - 3 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 CONTEST AND VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 09.02.2025 AND ETC., ...PETITIONER IN WP NO. 2296/2025 BETWEEN: SRI. K.P. MANJUNATH, S/O K.C. PRAKASH, AGED ABOUT 38 YEARS, NANDINATHAURA POST, KASABA HOBLI, VTC: KIRANAGOOR, PERIYAPATTANA TALUK, MYSORE DISTRICT - 571 107. (BY SRI. SHANTAKUMAR K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE - 570 024. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, - 4 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 SAYAJI RAO ROAD, MYSORE - 570 024. 4. THE RETURNING OFFICER, PIRIYAPATTANA TALUK PRIMARY CO-OPERATIVE RURAL DEVELOPMENT BANK LTD., PIRIYAPATTANA, MYSORE - 570 024. 5. THE CHIEF EXECUTIVE OFFICER, PIRIYAPATTANA TALUK PRIMARY CO-OPERATIVE RURAL DEVELOPMENT BANK LTD., PIRIYAPATTANA, MYSORE - 570 024. 6. THE CO-OPERATIVE ELECTIONS COMMISSION, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, K.H. ROAD, BANGALORE - 027, BY ITS COMMISSIONER. ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA, FOR R1 TO R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6; SRI. RAMACHANDRA R. NAIK, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 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 PETITIONER TO CONTEST AND TO VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 09.02.2025 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ COMMON 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 votes 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 Co-ordinate 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 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 matters. 4. In that view of the matter, I pass the following: i) ii)
Decision
ORDER The Writ Petitions are disposed of. The Returning Officer in each of the above matters is directed to announce the result within seven days of 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 - 7 - NC: 2025:KHC:11862 WP No. 2900 of 2025 C/W WP No. 2296 of 2025 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 NG List No.: 1 Sl No.: 62 CT: BHK