Writ Petition No. 3743 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6687 WP No. 3743 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3743 OF 2025 (CS-EL/M) BETWEEN: 1. C.M.NARAYANASWAMY, S/O MARIYAPPA, AGED ABOUT 58 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 2. SAROJAММА М.С., D/O A MARAPPA, AGED ABOUT 59 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 3. MUNIYAPPA A., Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA 4. S/O ADINARAYANAPPA, AGED ABOUT 62 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 LAKSHMIDEVAMMA, W/O A MUNIYAPPA, AGED ABOUT 55 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 5. NARASIMHAREDDY, S/O LAKSHMAIAH, AGED ABOUT 55 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 6. GANGA RATHNAMMA, - 2 - NC: 2025:KHC:6687 WP No. 3743 of 2025 W/O CHANDRASHEKAR C M., AGED ABOUT 59 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 7. C.P. SRINIVAS, S/O C H PEMMA REDDY, AGED ABOUT 51 YEARS, R/AT CHOWTA THIMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 8. MARIYAPPA,S/O PENNAPPA, AGED ABOUT 62 YEARS, R/AT GERUMARADAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 9. SURESH Ν., S/O NARAYANASWAMY S., AGED ABOUT-49 YEARS, R/AT IDRAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 10. SANJEEVAPPA, S/O CHIKKA NARAYANAPPA, AGED ABOUT 63 YEARS, R/AT IDRAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 11. PRADEEP D. N. S/O NARASIMHAMURTHY AGED ABOUT 49 YEARS R/AT IDRAHALLI GUDIBANDE TALUK CHIKKABALLAPURA DIST 561 209 12. NARASAMMA W/O R RAMAKRISHNAPPA, AGED ABOUT 65 YEARS, R/AT IDRAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST- 561209 13. SEETHARAM N., S/O ARCHAKA NARASAPPA, AGED ABOUT 59 YEARS, R/AT ULLODU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 - 3 - NC: 2025:KHC:6687 WP No. 3743 of 2025 14. APPANNAGAVI NARASIMHAPPA, S/O CHIKKANARAYANAPPA, AGED ABOUT 65 YEARS, R/AT ULLODU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209
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
15. SHRINATH С.Ј., S/O JAYARAM REDDY, AGED ABOUT 49 YEARS, R/AT ULLODU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 16. NARASIMHАРРА, S/O MUDDAPPA, AGED ABOUT 63 YEARS, R/AT DAPPARTHI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 17. LAKSHMINARAYANA REDDY, S/O YERRAPPA, AGED ABOUT 55 YEARS, R/AT DAPPARTHI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 18. KALAVATHI, W/O NARASIMHAPPA, AGED ABOUT 59 YEARS R/AT DAPPARTHI, GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 19. MURALI D S., S/O SHIVANNA D Y., AGED ABOUT 45 YEARS, R/AT DAPPARTHI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 20. PRAKASH, S/O APPIREDDI, AGED ABOUT 51 YEARS, R/AT DAPPARTHI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 21. NARAYANASWAMY S/O VENKATARAYAPPA A.K., AGED ABOUT 61 YEARS, R/AT DAPPARTHI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 22. SRIRAMAPPA, - 4 - NC: 2025:KHC:6687 WP No. 3743 of 2025 S/O VENKATARAYAPPA, AGED ABOUT 59 YEARS, R/AT DAPPARTHI GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 23. NARENDRA KUMAR S., S/O SHIVA REDDY, AGED ABOUT 55 YEARS, R/AT DAPPARTHI GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 24. JALANDAR SINGH, S/O RAGHUNATH SINGH, AGED ABOUT 59 YEARS, R/AT LAKKENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 25. KONDAPPA, S/O GANGAPPA, AGED ABOUT 67 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 26. GANGADARAPPA C N., S/O DODDA NARAYANAPPA, AGED ABOUT 63 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 27. VENKATESHAPPA C.N., S/O PEDDA NARAYANAPPA, AGED ABOUT 68 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 28. RATHNAMΜΑ, W/O VENKATESHAPPA CN AGED ABOUT 63 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 29. GOVINDAPPA Y., S/O NARASIMHAPPA, AGED ABOUT 64 YEARS, - 5 - NC: 2025:KHC:6687 WP No. 3743 of 2025 R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 30. NANJUNDAPPA CN., S/O CHIKKANARAYANAPPA, AGED ABOUT 69 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 31. VARALAKSHMAMMA, W/O NANJUNDAPPA C.N. AGED ABOUT 68 YEARS R/AT CHANDOORU GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 32. RAMALAKSHMAMMA, W/O SIDDAPPA, AGED ABOUT 67 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 33. VENKATALAKSHMAMMA, W/O NAGAPPA, AGED ABOUT 65 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 34. CHIKKANARAYANAPPA C.L., S/O LAKSHMAIAH, AGED ABOUT 73 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 35. GANGA RATΗΝΑΜΜΑ, W/O RAJAPPA G., AGED ABOUT 63 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST- 561209 36. ARUNAMMA, - 6 - NC: 2025:KHC:6687 WP No. 3743 of 2025 W/O NARASIMHAMOORTHY, AGED ABOUT 61 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 37. LAKSHMINARAYANA C.P., S/O CHIKKA PAPANNA, AGED ABOUT 51 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 38. SAROJAMMМА М.С., W/O LAKSHMINARAYANA CP AGED ABOUT 61 YEARS R/AT CHANDOORU GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 39. RAVIKUMAR, S/O ADINARAYANAPPA, AGED ABOUT 45 YEARS, R/AT CHANDOOR, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 40. SHILPASHREE K.A., W/O MADDIREDDY CN., AGED ABOUT 48 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 41. ISHWARAMΜΑ, W/O C R VENKATACHARI, AGED ABOUT 61 YEARS, R/AT CHANDOORU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 42. MADDA REDDY, - 7 - NC: 2025:KHC:6687 WP No. 3743 of 2025 S/O K VENKATA REDDY, AGED ABOUT 59 YEARS, R/AT TATTIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 43. VENKATESHAPPA T M., S/O N MADDAIAH, AGED ABOUT 76 YEARS, R/AT TATTIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 44. KRISHNA REDDY Y. M. S/O MADDAIAH AGED ABOUT 59 YEARS R/AT HALEYARAHALLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 45. RAMESHA M.Μ., S/O MUNIYAPPA, AGED ABOUT 65 YEARS, R/AT MINCHANA HALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 46. LAKSHMINARASAMMA KC, W/O RAMESHA MM AGED ABOUT 55 YEARS, R/AT MINCHANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST-561209 47. VENKATESH, S/O GORIA NARAYANAPPA, AGED ABOUT 49 YEARS, R/AT MINCHANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 48. VENKATESHAPPA MM., S/O CHIKKA MUNISWAMY, AGED ABOUT 67 YEARS, R/AT MINCHANAHALLI, - 8 - NC: 2025:KHC:6687 WP No. 3743 of 2025 GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 49. MUDDA REDDY C M., S/O MUDDANNA, AGED ABOUT 54 YEARS, R/AT CHIKKANANCHARLU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 50. VENKATALAKSHMAMMA, W/O VENKATASWAMY, AGED ABOUT 67 YEARS, R/AT CHIKKANANCHARLU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 51. VENKATSWAMY, S/O RANGAPPA, AGED ABOUT 65 YEARS, R/AT CHIKKANANCHARLU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST- 561209 52. SHIVAPPA S/O VENKATARAYAPPA AGED ABOUT 67 YEARS, R/AT CHIKKANANCHARLU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 53. ADILAKHSMAMMA D/O VENKATARAMANAPPA, AGED ABOUT 67 YEARS, R/AT CHIKKANANCHARLU, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 54. VENKATESHAPPA S/O VENKATARAYAPPA, AGED ABOUT 65 YEARS, R/AT CHIKKANANCHARLU, - 9 - NC: 2025:KHC:6687 WP No. 3743 of 2025 GUDIBANDE TALUK, CHIKKABALLAPURA DIST- 561209 55. SRINIVAS GL., S/O LAKSHMANNA, AGED ABOUT 59 YEARS, R/AT KADIRISHETTIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 56. NARASIMHA REDDY, S/O GUDDIPILLAPPA, AGED ABOUT 65 YEARS, R/AT KADIRISHETTIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 57. LAKSHMI DEVAMMA W/O NARSIMHA REDDY AGED ABOUT 60 YEARS R/AT PURADAHALLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 58. LAKSHMAIAH, S/O CHIKKANARASAPPA, AGED ABOUT 68 YEARS, R/AT PURADAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST- 561209 59. NALLAPPA, S/O GANGAPPA, AGED ABOUT 66 YEARS, R/AT TIRUMANI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 60. RAMANJANAPPA TC, S/O T CHOWDAPPA, AGED ABOUT 59 YEARS, R/AT TIRUMANI, GUDIBANDE TALUK, - 10 - NC: 2025:KHC:6687 WP No. 3743 of 2025 CHIKKABALLAPURA DIST - 561209 61. AMARAVATHI NC, S/O SRINIVACHARI T A., AGED ABOUT 59 YEARS, R/AT TIRUMANI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 62. AMBIKA T.V., W/O MAHADEVA, AGED ABOUT 55 YEARS, R/AT TIRUMANI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 63. BARAM BI, W/O HANEEF, AGED ABOUT 55 YEARS, R/AT TIRUMANI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 64. PILLA SUBBАРРА, S/O NALLA MUNIYAPPA, AGED ABOUT 67 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 65. PILLA SEETHAPPA, S/O NALLA MUNIYAPPA, AGED ABOUT 65 YEARS R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 66. DODDAVENKATARAYAPPA, S/O MUNISHAMAPPA, AGED ABOUT 67 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 - 11 - NC: 2025:KHC:6687 WP No. 3743 of 2025 67. MUNEPPA, S/O ANJANAPPA, AGED ABOUT 61 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 68. PILLA VENKATARAYAPPA, S/O RAMAPPA, AGED ABOUT 71 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 69. NARASIMHAPPA, S/O VENKTARAYAPPA, AGED ABOUT 71 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 70. SHANKARAPPA S/O RAMAPPA AGED ABOUT 67 YEARS R/AT KALAVAGADDAHALLI GUDIBANDE TALUK CHIKKABALLAPURA DIST – 561 209 71. VENKATESH P., S/O PAPANNA, AGED ABOUT 59 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 72. DEVAPPA, S/O NARASIMHAPPA, AGED ABOUT 65 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 73. NARASIMHA, S/O ANJANAPPA, AGED ABOUT 61 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 - 12 - NC: 2025:KHC:6687 WP No. 3743 of 2025 74. VENAKATALAKSHMAMMA, W/O NARASIMHAPPA, AGED ABOUT 72 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 75. RAMANJANΑΡΡΑ, S/O CHIKAVENKATARAYAPPA, AGED ABOUT 65 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 76. SUBBAPPA, S/O PILLA SEETHAPPA, AGED ABOUT 65 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 77. KONAPPA S/O MUNISHAMI AGED ABOUT 76 YEARS R/AT KALAVAGADDAHALLI GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 78. MUNEPPA, S/O MUNISAMI, AGED ABOUT 61 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 79. VENKATAMΜΑ, W/O DYAVAPPA, AGED ABOUT 67 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 80. VENKATARAYAPPA, S/O THIMMAPPA, AGED ABOUT 67 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 81. SATHYAPPA, S/O SUBBAPPA, AGED ABOUT 63 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 - 13 - NC: 2025:KHC:6687 WP No. 3743 of 2025 82. MUNIYAPPA, S/O NARASIMHAPPA, AGED ABOUT 67 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 83. SATHYANARAYANA, S/O MUNIYAPPA, AGED ABOUT 61 YEARS, R/AT KALAVAGADDAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 84. GANGA REDDY, S/O CHINNAPPA, AGED ABOUT 59 YEARS, R/AT PEMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 85. GOPALAPPA, S/O CHIKKANYATHAPPA, AGED ABOUT 61 YEARS, R/AT PEMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 86. VENKATAROΝΑΡΡΑ, S/O KONDAPPA, AGED ABOUT 56 YEARS, R/AT PEMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 87. CHIKKAPPAIAH, S/O VENKATAPPA, AGED ABOUT 67 YEARS, R/AT PEMMANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 88. SAROJAMMA, S/O VENKATARONAPPA, AGED ABOUT 61 YEARS, R/AT MEKALAMADDAYAGARIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 89. KRISHNA REDDY K C., S/O CHANNAPPA REDDY, AGED ABOUT 55 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 - 14 - NC: 2025:KHC:6687 WP No. 3743 of 2025 90. CHIKKA MUDDAPPA, S/O NARASIMHAPPA, AGED ABOUT 67 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 91. K N VENKATA REDDY, S/O NARASIMHAPPA, AGED ABOUT 56 YEARS, R/AT KAMAMDIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 92. M CHOWDA REDDY, S/O MUNIYAPPA, AGED ABOUT 67 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 93. VENKATAPATHI, S/O ADEPPA, AGED ABOUT 68 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 94. RAMANJANEYA K.V., S/O VENKATESHAPPA, AGED ABOUT 55 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 95. NAGARAJ, S/O BAYYANNA, AGED ABOUT 48 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 96. LAKSHMIDEVAMMA, W/O NANJUNDAPPA, AGED ABOUT 67 YEARS, R/AT KAMMADIKE, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 97. VENKATAMΜΑ, W/O MUTTAPPA, AGED ABOUT 67 YEARS, R/AT MALLENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 98. RAMAKKA, - 15 - NC: 2025:KHC:6687 WP No. 3743 of 2025 W/O VENKATARAYAPPA, AGED ABOUT 61 YEARS, R/AT MALLENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 99. GANGA RATΗΝΑΜΜΑ, W/O LAKSHMANNA, AGED ABOUT 67 YEARS, R/AT MALLENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 100. SRIDEVI, W/O LAKSHMAIAH, AGED ABOUT 54 YEARS, R/AT MALLENAHLLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 101. MANJUNATHA M.S., S/O S V SUBBARAYAPPA, AGED ABOUT 56 YEARS, R/AT MALLENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST 561209 102. VENKATAACHALAPATHI S, S/O SONNAYYA, AGED ABOUT 67 YEARS, BRAHMANA, R/AT MALLENAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 103. SATISH A, S/O AVULAREDDY, AGED ABOUT 51 YEARS, R/AT APPIREDDIHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 104. RATHNAMMA, W/O SHANKARAPPA, AGED ABOUT 67 YEARS, R/AT CHADARLA HALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DIST - 561209 …PETITIONERS (BY SRI. ARUN KUMAR Y H., ADV.) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REP. BY ITS PRINCIPAL SECRETARY. - 16 - NC: 2025:KHC:6687 WP No. 3743 of 2025 2. THE STATE CO-OPERATIVE -ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. PRIMARY CO OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., GUDIBANDE TALUK, REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. GUDIBANDE 561 209 4. THE RETURNING OFFICER, PRIMARY CO OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., GUDIBANDE TALUK, CHIKKABALLAPURA - 561 209 …RESPONDENTS (BY SRI.YOGESH D. NAIK, AGA FOR R1 & R4; SRI. T. L. KIRAN KUMAR, ADV. FOR R2; SRI. RAKSHITH KUMAR, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-C CONSEQUENTIALLY, PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09.02.2025 IN SO FAR AS THESE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- - 17 - NC: 2025:KHC:6687 WP No. 3743 of 2025 1. Issue a writ of mandamus directing the Respondents to include the names of the Petitioners in the Final eligible voter list at Annexure-C, consequentially, permit the Petitioners to Cast their votes in the upcoming elections to Respondent No.3 Society which is scheduled to be held on 09.02.2025 in so far as these Petitioners are concerned. 2. 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 09.02.2025 subject to final outcome of this petition. 3. Heard Sri Arun Kumar Y H, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Rakshith Kumar, learned counsel for respondent No.3. - 18 - NC: 2025:KHC:6687 WP No. 3743 of 2025 4. Counsel for the petitioners submits that the election has been held as scheduled on 09.02.2025 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.3-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. - 19 - NC: 2025:KHC:6687 WP No. 3743 of 2025 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 announce the results of the election, which was scheduled on 09.02.2025. 1 2022 (4) AKR 775 - 20 - NC: 2025:KHC:6687 WP No. 3743 of 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 shall also be taken into account before passing the final orders. - 21 - NC: 2025:KHC:6687 WP No. 3743 of 2025 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 YKL List No.: 2 Sl No.: 57