Writ Petition No. 3418 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13443 WP No. 3418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3418 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. RAMEGOWDA K N S/O NINGEGOWDA AGED ABOUT 84 YEARS SL NO.9, MEMBERSHIP NO.010291 2. SRI SHRIDHARAMURTHY K N S/O RAMEGOWDA AGED ABOUT 38 YEARS SL NO.13, MEMBERSHIP NO.010861 3. SRI KRISHNEGOWDA U DODDAMOGA S/O GIRIGOWDA AGED ABOUT 62 YEARS SL NO.2, MEMBERSHIP NO.002314 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 4. SRI VASANTH H K S/O GOPAL K T AGED ABOUT 55 YEARS SL NO.4, MEMBERSHIP NO.002503
Legal Reasoning
5. SMT. JAYALAKSHMAMMA W/O CHANNEGOWDA, AGED ABOUT 50 YEARS, SL NO.3, MEMBERSHIP NO.002391 6. SRI THAMMANNAGOWDA K B S/O BOMMARAYEGOWDA, AGED ABOUT 52 YEARS, SL NO.6, MEMBERSHIP NO.008281 - 2 - NC: 2025:KHC:13443 WP No. 3418 of 2025 7. SRI NAGARAJA K T S/O TAMMAYYA, AGED ABOUT 56 YEARS, SL NO.7 MEMBERSHIP NO.009893 8. SRI MARIGOWDA K P S/O PUTTEGOWDA K T, AGED ABOUT 61 YEARS, SL NO.10 MEMBERSHIP NO.010683 9. SRI SUDHARSHAN K M S/O MARIGOWDA K P, AGED ABOUT 43 YEARS, SL NO.11, MEMBERSHIP NO.010807 10. SMT. JAYAMMA W/O BHOREGOWDA, AGED ABOUT 58 YEARS, SL NO.8, MEMBERSHIP NO.010050 11. SRI RAMACHANDRA K P S/O PUTTASWAMYGOWDA, AGED ABOUT 48 YEARS, SL NO.15, MEMBERSHIP NO.011226 12. SRI SWAMY D S/O DEVEGOWDA, AGED ABOUT 52 YEARS, SL NO.16, MEMBERSHIP NO.011556 13. SRI JAVARAYA S/O BHOORAYYA, AGED ABOUT 66 YEARS, SL NO.17, MEMBERSHIP NO.011907 14. SRI NARAYANA S/O JAVARAYYA, AGED ABOUT 65 YEARS, SL NO.18, - 3 - NC: 2025:KHC:13443 WP No. 3418 of 2025 MEMBERSHIP NO.011945 Petitioners No.1 to 14 all r/at KATTARAGHATTA TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 15. SRI DEVEGOWDA S/O RANGEGOWDA, AGED ABOUT 70 YEARS, SL NO.19, MEMBERSHIP NO.001304 16. SRI GANESH S/O RAMEGOWDA, AGED ABOUT 58 YEARS, SL NO.20, MEMBERSHIP NO.009100 PETITIONER NO.15 AND 16 ARE R/AT KURENAHALLI TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 17. SRI PRABHAKAR C S S/O SHIVANANJEGOWDA, AGED ABOUT 62 YEARS, MEMBERSHIP NO. 010466 R/AT CHAPUKUPPALU TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 18. SRI NAGARAJA K N S/O NANJUNDEGOWDA, AGED ABOUT 49 YEARS, SL NO.22, MEMBERSHIP NO.005830 R./AT KUPPAHALLI, TALUK KRISHNAAJAPETE, MANDYA DISTRICT-571426 19. SRI GAVEEGOWDA S/O RAMEGOWDA, AGED ABOUT 65 YEARS, SL NO.40, MEMBERSHIP NO.005447 20. SRI MANJEGOWDA B R S/O RAMEGOWDA, - 4 - NC: 2025:KHC:13443 WP No. 3418 of 2025 AGED ABOUT 52 YEARS, SL NO.42, MEMBERSHIP NO.006196 21. SMT. THARAMANI W/O KUMBEGOWDA, AGED ABOUT 40 YEARS, SL NO.48, MEMBERSHIP NO.008861 22. SRI MANJUNATH B S/O BHOREGOWDA, AGED ABOUT 64 YEARS, SL NO.49, MEMBERSHIP NO.009069 23. SMT JAYAMMA W/O KRISHNEGOWDA, AGED ABOUT 92 YEARS, SL NO.33, MEMBERSHIP NO.001795 PETITIONERS NO.19 TO 23 ARE R/AT BANDIHOLE, TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 24. SRI SHIVALINGEGOWDA H S/O HELAVEGOWDA BHORALINGEGOWDA, AGED ABOUT 70 YEARS, SL NO.74, MEMBERSHIP NO.003571 R/AT LAKSHMIPURA TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 25. SRI PUNEETH B S/O BASAVEGOWDA, AGED ABOUT 36 YEARS, SL NO.51, MEMBERSHIP NO.011681 26. SRI SHANKARAYYA S/O JAVARAYYA, AGED ABOUT 78 YEARS, SL NO.58, MEMBERSHIP NO.013654 - 5 - NC: 2025:KHC:13443 WP No. 3418 of 2025 27. SRI YATEESH B R S/O RANGEGOWDA, AGED ABOUT 51 YEARS, SL NO.59, MEMBERSHIP NO.103918 28. SMT. JAYAMMA S/O AMASAYYA, AGED ABOUT 70 YEARS, SL NO.60, MEMBERSHIP NO.013918 PETITIONERS NO.25 TO 28 ARE R/AT BANDIHOLE, TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 29. SRI LAKSHMIGOWDA S/O SUBBEGOWDA, AGED ABOUT 72 YEARS, SL NO.83 MEMBERSHIP NO.006279 30. SRI CHANDRASHEKHAR M L S/O LINGEGOWDA M, AGED ABOUT 59 YEARS, SL NO.91 MEMBERSHIP NO.010020 31. SRI MANJEGOWDA S/O THIMMEGOWDA, AGED ABOUT 58 YEARS, SL NO.96 MEMBERSHIP NO.012083 PETITIONERS NO.29 TO 31 ARE R/AT HARIHARAPURA, TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 32. SMT. HEMALATHA W/O CHANRAHASA, AGED ABOUT 52 YEARS, SL NO.72, MEMBERSHIP NO.006573 R/AT BILIGANAHALLI, TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 - 6 - NC: 2025:KHC:13443 WP No. 3418 of 2025 33. SRI DRUVAKUMAR C S/O CHANNEGOWDA, AGED ABOUT 18 YEARS, SL NO.76, MEMBERSHIP NO.006002 R/AT LAKSHMIPURA, TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 34. SMT SUMITHRA W/O LATE SHRIDHARA, AGED ABOUT 45 YEARS, SL NO.54 MEMBERSHIP NO.012948 35. SRI SHIVANANGOWDA B S/O BASAVEGOWDA, AGED ABOUT 82 YEARS, SL NO.32 MEMBERSHIP NO.0001062 PETITIONERS NO.34 AND 35 ARE R/AT BANDIHOLE, TAUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 36. SMT ASHWINI B N W/O GIRISH, AGED ABOUT 34 YEARS, SL NO.94 MEMBERSHIP NO.011668 37. SRI RAMEGOWDA H S S/O SUBBEGOWDA, AGED ABOUT 70 YEARS, SL NO.84 MEMBERSHIP NO.0006280 38. SI NARAYANA H T S/O TIMMEGOWDA, AGED ABOUT 59 YEARS, SL NO.85 MEMBERSHIP NO.007532 39. SRI NAGEGOWDA S/O KENCHEGOWDA, - 7 - NC: 2025:KHC:13443 WP No. 3418 of 2025 AGED ABOUT 58 YEARS, SL NO.88 MEMBERSHIP NO.009590 40. SRI PREMA H B S/O PRAKASH H S , AGED ABOUT 60 YEARS, SL NO.89 MEMBERSHIP NO.009753 41. SRI DEVARAJA M L S/O LINGEGOWDA, AGED BOUT 55 YEARS, SL NO.92 MEMBERSHIP NO.010065 PETITIOENRS NO.36 TO 41 ARE R/AT HARIHARAPURA, TAUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 42. SRI REVANNA S/O VENKATEGOWDA, AGED ABOUT 59 YEARS, SL NO.64 MEMBERSHIP NO.006453 43. SRI JAYAMMA S/O NINGEGOWDA, AGED ABOUT 60 YEARS, SL NO.67 MEMBERSHIP NO.011134 44. SRI GANESHGOWDA B S/O BHOREGOWDA, AGED ABOUT 62 YEARS, SL NO.68 MEMBERSHIP NO.014233 45. SRI BALARAMA S/O LATE BOMMAYYA, AGED ABOUT 55 YEARS, SL NO.69 MEMBERSHIP NO.015343 PETITIONERS NO.42 TO 45 ALL ARE - 8 - NC: 2025:KHC:13443 WP No. 3418 of 2025 R/AT BHUMMENAHALLI, TAUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 (BY SRI. VINAYA B R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, VIKASA SOUDHA, BANGALORE-560001 …PETITIONERS 2. THE CO OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE-560027 3. THE CHIEF EXECUTIVE OFFICER PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 REGISTERED UNDER CO OPERATIVE SOCIETIES ACT 1950 4. THE RETURNING OFFICER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., TALUK KRISHNARAJAPETE, MANDYA DISTRICT-571426 (BY SRI.YOGESH D NAIK., AGA FOR R1 AND 4; SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER 226 & 27 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO. 2 TO 3 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 3RD RESPONDENT SOCIETY WHICH IS SCHEDULE TO BE HELD ON 08.02.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - NC: 2025:KHC:13443 WP No. 3418 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 1. 2. ORAL ORDER Notice to respondent No.3 is dispensed with, in view of the order proposed to be passed. 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. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:13443 WP No. 3418 of 2025 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. 5. In that view of the matter, I pass the following: i. ii.
Decision
ORDER The Writ Petition is disposed of. The Returning Officer 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 the above matter. iii. In the event of any proceeding being filed in relation to the results of the election under - 11 - NC: 2025:KHC:13443 WP No. 3418 of 2025 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 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 SR List No.: 1 Sl No.: 25