Writ Petition No. 3591 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14610 WP No. 3591 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3591 OF 2025 (CS-EL/M) BETWEEN: 1. SMT MAMATHA (SHARE NO.101/60) W/O RAJASHEKAR AGED ABOUT 40 YEARS R/AT NO.59, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.
Legal Reasoning
2. SRI. LAKSHMISHA (SHARE NO.111/11) S/O LATE. K. VASUDEVA RAO AGED ABOUT 60 YEARS R/AT NO.920, EWS SECOND STAGE, AVALAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 3. SRI. KRISHNAPPA V (SHARE NO.70/4) S/O VENKATAPPA AGED ABOUT 80 YEARS R/AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 4. SRI. VINAY KUMAR B.P. (SHARE NO. 103/60) S/O PILLEGOWDA AGED ABOUT 33 YEARS R/AT NO.59, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. - 2 - NC: 2025:KHC:14610 WP No. 3591 of 2025 5. SRI. RAJASHEKAR (SHARE NO.104/60) S/O SUBBARAYAPPA AGED ABOUT 49 YEARS R/AT NO.85, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 6. SRI. NANDISH KUMAR P. (SHARE NO.105/60) S/O PILLEGOWDA AGED ABOUT40 YEARS R/AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 7. SRI. ANAND REDDY (SHARE NO.64/5) S/O HANUMANTHAPPA AGED ABOUT 63 YEARS R/AT HONNENAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064, 8. SRI. RAJANNA (SHARE NO.79/60) S/O MUNIREDDY AGED ABOUT 50 YEARS, R/AT NO.27/1, HONNENAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 9. SMT. RADHA (SHARE NO.80/60) W/O RAJANNA AGED ABOUT 48 YEARS R/AT NO.27/1, HONNENAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. - 3 - NC: 2025:KHC:14610 WP No. 3591 of 2025 10. SRI. ANJINAPPA (SHARE NO.61/60) S/O MUNIYAPPA AGED ABOUT 51YEARS R/AT NO.27, MUDDANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 11. SMT. INDRA (SHARE NO.62/60) W/O ANJINAPPA AGED ABOUT 45 YEARS R/AT NO.27, MUDDANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 12. SMT. PARVATHAMMA (SHARE NO.50/60) W/O NARAYAN REDDY AGED ABOUT 70 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 13. SRI. BOOPAL REDDY (SHARE NO.51/60) S/O LATE. NARAYAN REDDY AGED ABOUT 50 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 14. SRI. VENKATA REDDY (SHARE NO.52/60) S/O NARAYAN REDDY AGED ABOUT 35 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 15. SRI. VASANTHKUMAR (SHARE NO.53/60) S/O PRASANNACHAR AGED ABOUT45 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, - 4 - NC: 2025:KHC:14610 WP No. 3591 of 2025 YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 16. SMT. LAKSHMAMMA (SHARE NO.54/60) W/O VASANTHKUMAR AGED ABOUT 35 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 17. SMT. VEENABAI (SHARE NO.81/60) W/O LATE. TULASANAYAK AGED ABOUT 47 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 18. SRI. MAQ BUL YAR KHAN (SHARE NO. 198/5) S/O MOHAMMED YAR KHAN AGED ABOUT 65 YEARS R/AT VEERASAGARA VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 19. SMT. MANGALAGOWRAMMA (SHARE NO.55/60) W/O NARASEGOWDA AGED ABOUT 60 YEARS R/AT VEERASAGARA VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. 20. SRI. DEVANANADA V.N. (SHARE NO.56/60) S/O NARASANNA AGED ABOUT 38 YEARS R/AT VEERASAGARA VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. (BY SRI. THYAGARAJA B.,ADVOCATE) …PETITIONERS - 5 - NC: 2025:KHC:14610 WP No. 3591 of 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S BUILDING, DR. B.R.AMBEKDAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY TO GOVERNMENT, 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, KH ROAD, SHANTHI NAGAR BENAGALURU 560027 REP BY ITS CEO 3. 4. 5. 6. THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A-BLOCK, SHANTHINAGAR BUS STAND, DOUBLE ROAD, BENGALURU-560027 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 8TH MAIN, 3RD FLOOR, MALLESHWARAM, BENGALURU-560003. RETURNING OFFICER PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., BENGALURU NORTH, HAVING ITS OFFICE AT NO.4, 1ST MAIN ROAD, KEMPANNA LAYOUT, RAJA MAHAL GUTTAHALLI, BENGALURU-560020. PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., BENGALURU NORTH HAVING ITS OFFICE NO.4, 1ST MAIN ROAD, KEMPANNA LAYOUT, RAJA MAHAL GUTTAHALLI, BENGALURU-560020. (SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) (BY SRI. YOGESH D.NAIK.,AGA FOR R1,R3, R4 & R5; …RESPONDENTS - 6 - NC: 2025:KHC:14610 WP No. 3591 of 2025 SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. V. SIDDESH .,ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS SCHEDULED TO BE HELD ON 09.02.2025 TO THE R-6 CO OPERATIVE SOCIETY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 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 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. 2. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 7 - NC: 2025:KHC:14610 WP No. 3591 of 2025 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 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 matter. 4. 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. - 8 - NC: 2025:KHC:14610 WP No. 3591 of 2025 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 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.: 69