Writ Petition No. 3751 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13694 WP No. 3751 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. 3751 OF 2025 (CS-EL/M) BETWEEN: 1. M S MANJUNATHA S/O M N SRIKANTTEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.3995. 2. G GANESH GOWDA, S/O GOVINDDEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.259. 3. DORESWAMY, S/O GIRIYAIAH, AGED ABOUT 53 YEARS, SHARE NO.1570. 4. MARIYAPPA, S/O HANUMEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.7121. 5. ESHWARA, S/O B SHIVANANJEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.3763. 6. RAMAIAH, S/O LATE. BETTAIAH, AGED ABOUT 53 YEARS, SHARE NO.7285. 7. ESHWAREGOWDA, S/O RAMEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.7303. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13694 WP No. 3751 of 2025 8. MARISWAMYGOWDA, S/O SANNAJAVAREGOWDA, AGED ABOUT 58 YEARS, SHARE NO.3406. 9. PUTTAIAH, S/O BHADRAIAH AGED ABOUT 58 YEARS, SHARE NO.8056. 10. SHASHI KUMAR, S/O PUTTAIAH, AGED ABOUT 48 YEARS, SHARE NO.8057 11. S N NIRANJAN, S/O MARISAMYGOWDA, AGED ABOUT 52 YEARS, SHARE NO.6932. 12. S N SHASHI KUMAR, S/O MARISWAMY GOWDA, AGED ABOUT 52 YEARS, SHARE NO.6933. 13. G T SURESH, S/O RANGEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.2894. 14. KARIGOWDA, S/O NARASHIMEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.2844. 15. PREM KUMAR S/O BOREGOWDA @ NINGEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.94. 16. KALEGOWDA, S/O MANJEGOWDA @ DODDA KANEGOWDA, AGED ABOUT 52 YEARS, SHARE NO.222. 17. CHANDRASHEKHAR, S/O KALEGOWDA, - 3 - NC: 2025:KHC:13694 WP No. 3751 of 2025 AGED ABOUT 50 YEARS, SHARE NO.5648. 18. N H NAGARAJU, S/O HALAGEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.3389. 19. KRISHNA S/O NANJAIAH, AGED ABOUT 55 YEARS, SHARE NO.2226. 20. RAMAIAH, S/O MANJJEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.110. 21. N M NADLEGOWDA, S/O MARIGOWDA, AGED ABOUT 62 YEARS, SHARE NO.833. 22. N T VENKATESH, S/O THIMMEGOWDA, AGED ABOUT 64 YEARS, SHARE NO. 1418 23. GOVINDDEGOWDA S/O THIMMEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.1418. 24. N K SANNA DEVEGOWDA, S/O KRISHNAPPAGOWDA, AGED ABOUT 50 YEARS, SHARE NO. 1958 25. SHARADHAMMA, S/O N D RAMANNA, AGED ABOUT 51 YEARS, SHARE NO.2304 26. MAHADEVA, S/O N P RAMMANNA, AGED ABOUT 55 YEARS, SHARE NO.5026. - 4 - NC: 2025:KHC:13694 WP No. 3751 of 2025 27. K NADLEGOWDA, S/O KEMPPEGOWDA, AGED ABOUT 58 YEARS, SHARE NO. 572. 28. BOREGOWDA, S/O BOREGOWDA, AGED ABOUT 58 YEARS, SHARE NO.2074.
Legal Reasoning
29. SRINIVASAIAH, S/O PUTTASWAMIAH, AGED ABOUT 60 YEARS, SHARE NO.634. 30. K RAMU, S/O KRISHNAIAH, AGED ABOUT 58 YEARS, SHARE NO.1372. 31. K A SRINIVASAIAH, S/O ALASINGRAIAH, AGED ABOUT 60 YEARS, SHARE NO.404. 32. MAHABALLESHWARA, S/O NANJUNDARADYA, AGED ABOUT 55 YEARS, SHARE NO.1587. 33. GURUMURTHY, S/O JAVAREGOWDA, AGED ABOUT 58 YEARS, SHARE NO.5397. 34. SHIVALINGAIAH, S/O CHANNEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.1728. 35. NARAYANAGOWDA, S/O KALABOREGOWDA, AGED ABOUT 58 YEARS, SHARE NO.335. 36. S C VEERESH, S/O CHANNEGOWDA, - 5 - NC: 2025:KHC:13694 WP No. 3751 of 2025 AGED ABOUT 55 YEARS, SHARE NO.1730. 37. SHIVARAJU S, S/O SHIVALINGEGOWDA, AGED ABOUT 52 YEARS, SHARE NO.6924. 38. MANJULA, W/O SHIVARAJU S, AGED ABOUT 50 YEARS, SHARE NO.6925. 39. DEEPAKGOWDA, S/O SHIVARAJ S, AGED ABOUT 52 YEARS, SHARE NO.6926. 40. K SHIVALINGGAIAH, S/O LINGGEGOWDA @ KORIGOWDA, AGED ABOUT 60 YEARS, SHARE NO.08. 41. S JAVAREGOWDA, S/O SAVALEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.529. 42. S B RAMALINGAIAH, S/O DODDABOMMEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.1308. 43. MAYAPPA, S/O CHOWDEGOWDA, AGED ABOUT 62 YEARS, SHARE NO.1100. 44. M N SURESH CHANDRA, S/O MD NARAYANASWAMY, AGED ABOUT 59 YEARS, SHARE NO.2825. THE PETITIONERS NO.44 IS THE MEMBER AND VOTER OF THE RESPONDENT NO.7-BANK FROM THE 5TH BORROWER CONSTITUENCY. THE PETITIONERS ARE MEMBERS AND VOTERS OF RESPONDENT NO.7-THE NAGAMANGALA - 6 - NC: 2025:KHC:13694 WP No. 3751 of 2025 TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA, MANDYA DISTRICT-571432 …PETITIONERS (BY SRI. GIRISH N R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHI NAGAR, K.H. ROAD, BANGALORE-560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560001. 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT -571401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT-571434 6. THE RETURNING OFFICER, THE NAGAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA TALUK LTD, MANDYA DISTRICT-571432. 7. NAGAMANGALA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959, - 7 - NC: 2025:KHC:13694 WP No. 3751 of 2025 HAVING OFFICE AT NAGAMANGALA, MANDYA DISTRICT-571432, REPRESENTED BY ITS MANAGER/ CHIEF EXECUTIVE OFFICER 8. THE ELECTION OFFICER AND JOINT REGISTRAR CO-OPERATIVE SOCIETIES, MYSORE DIVISION, OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUBLIC OFFICES BUILDING, NEW SAYYAJI RAO ROAD, MYSORE, MYSORE DISTRICT-570024. (BY SRI. YOGESH D. NAIK., AGA FOR R1; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. K. CHANNAPPA., ADVOCATE FOR R7) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7- BANK FOR THE ENSUING ELECTION OF THE BORD OF DIRECTORS OF THE RESPONDENT NO.7-BANK FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A, A1 TO A3 BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED 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 - 8 - NC: 2025:KHC:13694 WP No. 3751 of 2025 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 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: 1 W.P.No.8502/2022 dated 7.6.2022 NC: 2025:KHC:13694 WP No. 3751 of 2025 - 9 -
Decision
ORDER i. ii. 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 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.: 94