Writ Petition No. 3741 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11864 WP No. 3741 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. 3741 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. B.K. MAHADEVASWAMY, AGED ABOUT 47 YEARS, S/O. KEMPAIAH, SHARE NO.79/3, 2. SRI. B.S. NARAYANAMURTHY AGED ABOUT 42 YEARS, S/O. SIDDAIAH, SHARE NO.58/3, 3. SRI. MAHADEVAPPA, AGED ABOUT 65 YEARS, S/O. MAHARINANJAPPA, SHARE NO.57/1, 4. SRI. MARISWAMY AGED ABOUT 45 YEARS, S/O. NINGAIAH, SHARE NO.87/3,
Legal Reasoning
5. SRI. B.H. KRISHNA AGED ABOUT 60 YEARS, S/O. CHANNABASAVAIAH, SHARE NO.94/3. 6. SRI. DEVARAJU, AGED ABOUT 52 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11864 WP No. 3741 of 2025 S/O. DYAVAIAH, SHARE NO.120/3, 7. SRI. M. NAGARAJU, AGED ABOUT 65 YEARS, S/O. MARINANJAIAH, SHARE NO. 126/3, 8. SRI. B.R. NANJUNDASWAMY AGED ABOUT 52 YEARS, S/O. RAVALAIAH, SHARE NO.162/3, 9. SRI. MAHESH KUMAR, AGED ABOUT 48 YEARS, S/O. SANNAIAH, SHARE NO.192/3, 10. SRI. ANANDA, AGED ABOUT 55 YEARS, S/O. MAHADEVAPPA, SHARE NO. 172/4, 1 TO 10 ARE R/AT BENDARAVADI VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT - 571 424. 11. SRI. D.M. NANJUNDEGOWDA, AGED ABOUT 52 YEARS, S/O. MADEGOWDA, SHARE NO. 195/4. 12. SRI. D.M. SIDDARAJU, AGED ABOUT 45 YEARS, S/O. MARAIAH, SHARE NO. 159/3. - 3 - NC: 2025:KHC:11864 WP No. 3741 of 2025 13. SRI. NAGARAJU, AGED ABOUT 35 YEARS, S/O. MOGANNA, SHARE NO.188/2. 14. SMT. MANGALA GOWRAMMA AGED ABOUT 48 YEARS, W/O. RAMALINGEGOWDA, SHARE NO.129/2. 15. SRI. D.L.SHIVALINGEGOWDA, AGED ABOUT 65 YEARS, S/O. LATE.LINGEGOWDA, SHARE NO.113/2. 16. SMT. L.SUJAYA, AGED ABOUT 65 YEARS, W/O. NAGEGOWDA, SHARE NO.151/1. 17. SRI. MANJUNATHA D.S. AGED ABOUT 28 YEARS, S/O. SHIVALINGEGOWDA D.L, SHARE NO.161/4. 18. SRI. MADU D.S, AGED ABOUT 26 YEARS, S/O. SHIVALINGEGOWDA, SHARE NO. 162/4. 19. SMT. NAGAMMA, AGED ABOUT 46 YEARS, W/O. NINGEGOWDA, SHARE NO. 146/4. - 4 - NC: 2025:KHC:11864 WP No. 3741 of 2025 20. SRI.D.K. HANUMANTHEGOWDA AGED ABOUT 48 YEARS, S/O. KARIGOWDA, SHARE NO. 177/2. 21. SRI. D.K. NAGESHA, AGED ABOUT 53 YEARS, S/O. KARIGOWDA, SHARE NO.191/2. 22. SMT. M.RUDRAMMA, AGED ABOUT 55 YEARS, W/O. SRI.D.M.MAHADEVU, SHARE NO.154/3. 23. SRI. SURESH, AGED ABOUT 45 YEARS, S/O. MADEGOWDA, SHARE NO.13/4. 24. SRI. RANGASWAMY, AGED ABOUT 50 YEARS, S/O. NANJAIAH, SHARE NO.12/5. 25. SRI. KALEGOWDA AGED ABOUT 65 YEARS, S/O. NANJEGOWDA, SHARE NO.112/4. 26. SRI. LINGEGOWDA, AGED ABOUT 80 YEARS, S/O. LINGEGOWDA HONNEGOWDA, SHARE NO.37/4. - 5 - NC: 2025:KHC:11864 WP No. 3741 of 2025 27. SMT. SAVITARAMMA, AGED ABOUT 65 YEARS, W/O. D.V. NAVEEN, SHARE NO.98/2. 28. SRI. L. HANUMANTHEGOWDA AGED ABOUT 86 YEARS, S/O. LINGEGOWDA, SHARE NO.68/1. 29. SRI. DANANJAYA, AGED ABOUT 35 YEARS, S/O. CHIKKANINGEGOWDA, SHARE NO. 32/4. 30. SRI. NAGESH. D.C, AGED ABOUT 30 YEARS, S/O. CHIKKANINGEGOWDA, SHARE NO. 171/4. 31. SRI. SUVAN. D.H, AGED ABOUT 38 YEARS, S/O. D.L. HANUMANTHEGOWDA, SHARE NO.138/4. 32. SMT. SIDDAMMA, AGED ABOUT 85 YEARS, W/O. HONNEGOWDA, SHARE NO.119/1, 11 TO 32 ARE R/AT DESHAVALLI VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT - 571 424. 33. SRI. NANJUNDAPPA, AGED ABOUT 65 YEARS, - 6 - NC: 2025:KHC:11864 WP No. 3741 of 2025 S/O. DALLALLI NANJAPPA, SHARE NO.58/1. 34. SRI. MAHADEVASWAMY, AGED ABOUT 43 YEARS, S/O. MAHADEVAPPA, SHARE NO.79/2 35. SMT. GOWRAMMA, AGED ABOUT 55 YEARS, W/O. NINGAPPA @ TAMMANNA, SHARE NO. 81/4. 36. SMT. NAGARATHNAMMA N. AGED ABOUT 45 YEARS, W/O. PRABHUSWAMY B.N, SHARE NO.148/4. 33 TO 36 ARE R/AT BENDARAVADI VILLAGE, KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT - 571 424. …PETITIONERS (BY SRI. KANTHARAJU C.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560 027, - 7 - NC: 2025:KHC:11864 WP No. 3741 of 2025 REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER DISTRICT OFFICE, SUBHASH NAGAR, 1ST CROSS, MANDYA DISTRICT- 573 201. 4. RETURNING OFFICER, BENDARAWADI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT - 571 424. 5. BENDARAWADI TALUK PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER KIRUGAVALU HOBLI, MALLAVALLI TALUK, MANDYA DISTRICT - 571 424. …RESPONDENTS (BY SRI. YOGESH D. NAIK AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 - BENDARAWADI TALUK PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MANDYA - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2, 3, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 09.02.2025 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 8 - NC: 2025:KHC:11864 WP No. 3741 of 2025 THIS 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 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 a separate ballot box. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 9 - NC: 2025:KHC:11864 WP No. 3741 of 2025 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 in the above matter 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. - 10 - NC: 2025:KHC:11864 WP No. 3741 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 a 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.: 67 CT: BHK