O. CHANNAMALLAIAH v. AGED ABOUT
Case Details
- 1 - NC: 2025:KHC:7058 WP No. 3631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3631 OF 2025 (CS-EL/M) BETWEEN: 1. BASAVARAJU S/O. MADAPPA AGED ABOUT 51 YEARS MEMBERSHIP.NO.5446 SHARE NO.12/23 2. SHIVALINGASWAMY B.S. S/O. SHIVANANJAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.0651 SHARE NO.74/4 3. MAHADEVAIAH S/O. KALEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO.1051 SHARE NO.80/6 4. KRISHNA S/O. LINGEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.2758 SHARE NO.71/14 5. NANJUDEGOWDA S/O. NANJEGOWDA AGED ABOUT 72 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7058 WP No. 3631 of 2025 MEMBERSHIP NO.0894 SHARE NO.119/5 6. MAHADEVASWAMY C. S/O. CHOWDAIAH AGED ABOUT 59 YEARS MEMBERSHIP NO.3812 SHARE NO.215/18 7. MAHADEVAMMA W/O. MALLAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO.4692 SHARE NO.30/20 8. MALLAPPA S/O. LATE. NAGAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.4693 SHARE NO.31/20 9. SHIVAKUMARSWAMY P.M. S/O. MAHADEVAPPA P.C. AGED ABOUT 71 YEARS MEMBERSHIP NO.2283 SHARE NO.51/12 10. VAJRAMMANNI W/O. SWAMY. M.K. AGED ABOUT 55 YEARS MEMBERSHIP NO.2119 SHARE NO.109/11 11. VISHWANATH S.C. S/O. CHANDRASHEKAR S.D. AGED ABOUT 59 YEARS - 3 - NC: 2025:KHC:7058 WP No. 3631 of 2025 MEMBERSHIP NO.1004 SHARE NO.30/6 12. MAHADEVASWAMY.C. S/O. CHANNAMALLAIAH V. AGED ABOUT 55 YEARS MEMBERSHIP NO.1002 SHARE NO.26/6 13. SHIVARATHNAMMA W/O. MAHADEVU.M. AGED ABOUT 52 YEARS MEMBERSHIP NO.2135 SHARE NO.128/11 14. MAHADEVASWAMY S/O. NANJAIAH AGED ABOUT 75 YEARS MEMBERSHIP NO.4502 SHARE NO.83/3 15. CHANDRA M S/O. LATE. MARISWAMY AGED ABOUT 47 YEARS MEMBERSHIP NO.8521 SHARE NO.158/34 16. VENKATESH S/O. RAMASHETTY AGED ABOUT 49 YEARS MEMBERSHIP NO.7917 SHARE NO.111/32 17. VIRUPAKSHAMURTHY V.M. S/O. MARIDEVAIAH - 4 - NC: 2025:KHC:7058 WP No. 3631 of 2025 AGED ABOUT 58 YEARS MEMBERSHIP NO.2121 SHARE NO.111/11 18. DEVARAJA MODALIYAR V S/O. KANNAMMAL AGED ABOUT 63 YEARS MEMBERSHIP NO.0770 SHARE NO.217/4
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
19. SRINATH V.C. S/O. LATE. CHANDRASHEKARAIAH B. AGED ABOUT 52 MEMBERSHIP NO.3103. SHARE NO.231/15 20. RACHAPPA S/O. LATE. NANJAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO.5607 SHARE NO.166/23 21. NANJAPPA S/O. SIDDALINGAPPA @ BATTAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.0745 SHARE NO.189/4 22. SUVARNAMMA W/O RAJAPPA M AGED ABOUT 52 YEARS MEMBERSHIP NO.0692. SHARE NO.126/4 23. SIDDAPPA B.S. S/O. SUBBAPPA B.G. - 5 - NC: 2025:KHC:7058 WP No. 3631 of 2025 AGED ABOUT 60 YEARS MEMBERSHIP NO.1408 SHARE NO.27/8 24. CHANDRASHEKARA SWAMIGALU S/O. LINGADEVARU AGED ABOUT 64 YEARS MEMBERSHIP NO.7783 SHARE NO.232/31 25. HOMBALEGOWDA @ PAPANNA S/O. HOMBALEGOWDA AGED ABOUT 66 YEARS M MEMBERSHIP NO.1098 SHARE NO.136/6 26. SIDDAIAH S/O. NADAKERIGOWDA AGED ABOUT 57 YEARS MEMBERSHIP NO.2667 SHARE NO.226/13 27. LAKSHMAMMA D/O. NADAKERIGOWDA AGED ABOUT 38 YEARS MEMBERSHIP NO.3518 SHARE NO.163/17 28. RAJAMMA W/O. MUDDAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.3873 SHARE NO.26/19 29. PRAMODA R. W/O. RAJU AGED ABOUT 54 YEARS MEMBERSHIP NO.5537, SHARE NO.98/23 - 6 - NC: 2025:KHC:7058 WP No. 3631 of 2025 30. SIDDAPPA M. S/O. MADAIAH M. AGED ABOUT 54 YEARS MEMBERSHIP NO.1093 , SHARE NO.127/6 31. SIDDAPPA C. S/O. CHINNASWAMY AGED ABOUT 60 YEARS MEMBERSHIP NO.5011, SHARE NO.90/21 32. MANJULA K.W/O. SIDDAPPA.C AGED ABOUT 58 YEARS MEMBERSHIP NO.7816, SHARE NO.011/32 33. LINGARAJAPPA S/O. MANTELINGAPPA AGED ABOUT 47 YEARS MEMBERSHIP NO.3023, SHARE NO.145/15 34. AMIT B.S. S/O SUNDRAPPA V. AGED ABOUT 48 YEARS MEMBERSHIP NO.8177, SHARE NO.99/33 35. VEERARAJE URS M.V. S/O. LATE. VEERARAJE URS. H. AGED ABOUT 52 YEARS MEMBERSHIP NO.7722, SHARE NO.170/31 36. SUBRAMANYARAJE URS M.N. S/O. NANJARAJE URS M.K. AGED ABOUT 62 YEARS MEMBERSHIP NO.2241, SHARE NO.3/12 37. CHANNARAJE URS S/O. PATEL MADARAJE URS AGED ABOUT 60 YEARS MEMBERSHIP NO.0469, SHARE NO.102/3 - 7 - NC: 2025:KHC:7058 WP No. 3631 of 2025 38. PARVATHAMMANNI W/O. JAYARAJE URS AGED ABOUT 63 YEARS MEMBERSHIP NO.5919, SHARE NO.11/25 39. NAGARATHNAMMANNI W/O.LATE. BASAVARAJE URS AGED ABOUT 68 YEARS MEMBERSHIP NO.7687, SHARE NO. 137/31 40. GURUMALLAPPA P.B. S/O. BASAVALINGAPPA G AGED ABOUT 49 YEARS MEMBERSHIP NO.1382, SHARE NO.250/7 41. GOPALASWAMY S/O. MADEGOWDA AGED ABOUT 42 YEARS MEMBERSHIP NO.1596, SHARE NO.247/8 ALL THE PETITIONERS ARE THE MEMBERS OF MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., B.G. PURA, 2ND CONSTITUENCY, MALAVALLI, MANDYA DISTRICT - 571 401 …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 01, REPRESENTED BY ITS SECRETARY. - 8 - NC: 2025:KHC:7058 WP No. 3631 of 2025 2. THE CO-OPERATIVE ELECTION COMMISSION NGO COLONY, WILSON GARDEN, BENGALURU - 560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ALSO THE ELECTION OFFICER MANDYA - 571 401. 4. MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., MALAVALLI, MANDYA DISTRICT - 571 401, REPRESNTED BY ITS CEO. 5. RETURNING OFFICER AND E.O OF TALUK PANCHAYAT MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., MALAVALLI, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. D.M. KRISHNA, ADVOCATE FOR R4) 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 THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.02.2025 AS PER ANNX-A DATED 22.01.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 9 - NC: 2025:KHC:7058 WP No. 3631 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- i. "Issue a writ of mandamus directing the Respondents to include the names of the petitioners in the Final eligible voter list at Annexure-B and permit the Petitioners to vote in the upcoming elections to respondent No.4 Society which is scheduled to be held on 10.02.2025 as per Annexure-A dated 22.01.2025. 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 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 10.02.2025 subject to final outcome of this petition. 3. Heard Sri Pruthvi Wadeyar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 5, Sri T.L. Kiran Kumar, learned - 10 - NC: 2025:KHC:7058 WP No. 3631 of 2025 counsel for respondent No.2 and Sri D.M. Krishna, learned counsel for respondent No.4. 4. Counsel for the petitioners submits that the election has been held as scheduled on 10.02.2025 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.4-Society fairly submits that the Society has not followed the mandatory requirement of the aforementioned rules and - 11 - NC: 2025:KHC:7058 WP No. 3631 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
ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and 1 2022 (4) AKR 775 - 12 - NC: 2025:KHC:7058 WP No. 3631 of 2025 announce the results of the election, which was scheduled on 10.02.2025. 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 No.4–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 petitioners would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent No.4–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 No.4-Society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results - 13 - NC: 2025:KHC:7058 WP No. 3631 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 AT List No.: 2 Sl No.: 24 CT: BHK