Writ Petition No. 2902 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:7272 WP No. 2902 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.2902 OF 2025 (CS-EL/M) BETWEEN: 1. YOGESHA .D S/O LATE DEVEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.7102 2. NAGARAJU S.J. S/O S.JAVAREGOWDA AGE ABOUT 48 YEARS MEMBERSHIP NO.1978 3. RADHAKRISHNA .R S/O LATE RAMAIAH .M AGE ABOUT 50 YEARS MEMBERSHIP NO.7673 4. SIDDEGOWDA .R S/O LATE RAMAIAH .M AGE ABOUT 52 YEARS MEMBERSHIP NO.7674 5. MAYAPPA. R. S/O LATE RAMAIAH .M AGE ABOUT 55 YEARS MEMBERSHIP NO.7675 6. RAJENDRA .R S/O LATE RAMAIAH .M AGE ABOUT 50 YEARS MEMBERSHIP NO.7676 7. B.S. MANJUNATH S/O A. SHIVALINGAPPA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7272 WP No. 2902 of 2025 AGE ABOUT 48 YEARS MEMBERSHIP NO.7822 8. SHIVAKUMAR S/O BASAVARAJU AGE ABOUT 49 YEARS MEMBERSHIP NO.7864 9. CHIKKAMAYAPPA S/O DEVEGOWDA @ BATTAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.0697 10. MAYIGOWDA .M.D S/O DODDASIDDAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.0707 11. KEMPEGOWDA S/O GADI MUDDANASANNAPPA AGE ABOUT 54 YEARS MEMBERSHIP NO.0774 12. KRISHNEGOWDA .M.H S/O HONNEGOWDA @ MARIGUDDAPPA AGE ABOUT 49 YEARS MEMBERSHIP NO.7204 13. MANJUNATH .B.S S/O SIDDEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.8215 14. SOMASHEKHARA .G.N S/O NANJEGOWDA @ PUTTEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.7486 15. ANANDA S/O LATE NANJEGOWDA AGE ABOUT 47 YEARS MEMBERSHIP NO.8712 16. CHIKKASIDDEGOWDA S/O YADI SIDDEGOWDA - 3 - NC: 2025:KHC:7272 WP No. 2902 of 2025 AGE ABOUT 52 YEARS MEMBERSHIP NO.7463 17. KUMARASWAMY.D.C. S/O LATE D.M. CHIKKAPUTTAIAH AGE ABOUT 54 YEARS MEMBERSHIP NO.0378 18. MAHADEVA S/O LATE NALLISIDDAPPANA KARAGEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.1988 19. BASAVARAJU S/O PUTTARANGAIAH AGE ABOUT 54 YEARS MEMBERSHIP NO.6483 20. SOMANNA S/O DODDABORAIAH AGE ABOUT 53 YEARS MEMBERSHIP NO.6586 21. MAHADEVAIAH S/O MADAIAH AGE ABOUT 58 YEARS MEMBERSHIP NO.6488 22. GOWDAIAH .S S/O YALLAISIDDEGOWDA AGE ABOUT 57 YEARS MEMBERSHIP NO.0745 23. YATIRAJA S/O LATE MARIGOWDA .K AGE ABOUT 49 YEARS MEMBERSHIP NO.7672 24. KESHAVAMURTHY .B.R S/O RANGANATHAIAH AGE ABOUT 51 YEARS MEMBERSHIP NO.0638 - 4 - NC: 2025:KHC:7272 WP No. 2902 of 2025 25. BHASKHAR .C S/O CHIKKABASAVACHAR AGE ABOUT 49 YEARS MEMBERSHIP NO.8295 26. M. BHAGYA W/O A. SHIVAKUMAR AGE ABOUT 48 YEARS MEMBERSHIP NO.8579 27. SUNDRAPPA S/O MALLAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO.1516 28. RENUKA RAMU .H W/O S. RAMU AGE ABOUT 49 YEARS MEMBERSHIP NO.2981 29. MURTHY .D.R S/O RACHAIAH AGE ABOUT 51 YEARS MEMBERSHIP NO.7062 30. SIDDAIAH .D.R S/O RACHAIAH AGE ABOUT 55 YEARS MEMBERSHIP NO.7063 31. RATNARAJ .B S/O BABU RAO AGE ABOUT 49 YEARS MEMBERSHIP NO.7087 32. MANSOOR ALI S/O BASHIR AHAMAD AGE ABOUT 52 YEARS MEMBERSHIP NO.7654 33. MANJUNATH B.S. S/O LATE MADAIAH .H AGE ABOUT 54 YEARS MEMBERSHIP NO.8370 - 5 - NC: 2025:KHC:7272 WP No. 2902 of 2025 34. NANJUNDASWAMY T.M. S/O MAHADEVA AGE ABOUT 53 YEARS MEMBERSHIP NO.8619 35. RAVINDRA .R S/O RAMAIAH AGE ABOUT 49 YEARS MEMBERSHIP NO.8675 36. JAYAMMA W/O SIDDEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.7691 37. MAHADEVAMMA W/O CHIKKANANJAIAH AGE ABOUT 51 YEARS MEMBERSHIP NO.8816 38. H.B. CHIKKANANJAIAH S/O LATE BASAVEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.8698 39. JAYACHANDRA @ LAKSHAMANA S/O LATE MAADHU AGE ABOUT 55 YEARS MEMBERSHIP NO.7860 40. KUMARA .D S/O LATE DORESWAMY .S AGE ABOUT 50 YEARS MEMBERSHIP NO.8289 41. MRUTHUNJAYA S/O LATE BALASUBARAMNYA AGE ABOUT 54 YEARS MEMBERSHIP NO.8336 42. MARAIAH .B S/O LATE BASAVAIAH AGE ABOUT 53 YEARS MEMBERSHIP NO.6919 - 6 - NC: 2025:KHC:7272 WP No. 2902 of 2025 43. SURESHKUMAR .D.M S/O MAHADEVAPPA .D.S AGE ABOUT 55 YEARS MEMBERSHIP NO.7364 44. SOMANA .R S/O RAJAPPA AGE ABOUT 52 YEARS MEMBERSHIP NO.8373 45. SHEKHARAPPA .D.M S/O MAHADEVAPPA .D AGE ABOUT 54 YEARS MEMBERSHIP NO.8699 46. B. SHIVALINGAPPA S/O LATE BASAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.8702 47. SUNANDA W/O LATE ANNEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.5101 48. BHAGYAVATHI S/O BASAVARAJU AGE ABOUT 48 YEARS MEMBERSHIP NO.5136 49. MEHRUNNISA W/O G.V. ABDUL AJEEJ AGE ABOUT 52 YEARS MEMBERSHIP NO.5104 50. MARIGOWDA S/O SANNEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.2591 51. NINGEGOWDA S/O SANNEGOWDA - 7 - NC: 2025:KHC:7272 WP No. 2902 of 2025 AGE ABOUT 49 YEARS MEMBERSHIP NO.2592 52. CHINNASWAMY S/O SIDDAMADEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.8736 53. PRASHANT BABU .T.S S/O SHIVASWAMY .B AGE ABOUT 38 YEARS MEMBERSHIP NO.3303 54. JAYAMMA W/O B. SHIVASWAMY AGE ABOUT 58 YEARS MEMBERSHIP NO.5158 55. MANGALAMMA W/O LATE NAGARAJAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.5275 56. PREMA S/O LATE NANJUNDASWAMY AGE ABOUT 52 YEARS MEMBERSHIP NO.8056 57. SHIVAKUMARA .B.M S/O MALLAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.8396 58. CHANDRASHEKHAR .T.C S/O CHIKKACHENNEGOWDA AGE ABOUT 58 YEARS MEMBERSHIP NO.4709 59. CHANNABASAVANNA S/O H.S. BASAVARAJAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.4776 60. MAHADEVAPRASAD .K.M S/O MAHADEVAPPA K.B. - 8 - NC: 2025:KHC:7272 WP No. 2902 of 2025 … PETITIONERS AGE ABOUT 53 YEARS MEMBERSHIP NO.7510 61. VINODA DORESWAMY S/O. LATE DORESWAMY AGE ABOUT 55 YEARS MEMBERSHIP NO.8563 ALL ARE MEMBERS OF T. NARASIPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., T. NARASIPURA TALUK, MYSURU DISTRICT-571124.
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 SACHIN KUMAR B.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED 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, MYSURU TALUK, MYSURU DISTRICT-570001. - 9 - NC: 2025:KHC:7272 WP No. 2902 of 2025 5. T. NARASIPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., T. NARASIPURA TALUK, REP. BY ITS CHIEF EXECUTIVE OFFICER MYSURU DISTRICT-571124 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER T. NARASIPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., T. NARASIPURA TALUK, MYSURU DISTRICT-571124 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI S.B. TOTAD, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.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 RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 VIDE (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 10 - NC: 2025:KHC:7272 WP No. 2902 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- “i. 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 votes in the elections to the respondent no.5 which is scheduled to be held on 02.02.2025 vide (Annexure-A) in the interest of justice and equity. ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.” 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 Sachin Kumar B.M., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, - 11 - NC: 2025:KHC:7272 WP No. 2902 of 2025 learned counsel for respondent No.2 and Sri S.B. Totad, learned counsel for respondent No.5. 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.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and - 12 - NC: 2025:KHC:7272 WP No. 2902 of 2025 cast votes of the petitioners to 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 ii. The Returning Officer to count the votes, including the votes cast by petitioners and 1 2022 (4) AKR 775 - 13 - NC: 2025:KHC:7272 WP No. 2902 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, on the final outcome of the election results - 14 - NC: 2025:KHC:7272 WP No. 2902 of 2025 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.: 50