Writ Petition No. 4094 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:8055 WP No. 4094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4094 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. SRI.RAVI.J S/O. N JAYARAMAIAH AGED ABOUT 61 YEARS PERMANENT RESIDENT OF NANDI AT & POST NANDI HOBLI, CHIKKABALLAPURA TALUK. PIN- 562103. NOW CAMPED AT NO. 920, 3 RD CROSS, 9 TH MAIN 1 ST BLOCK, HRBR LAYOUT BENGALURU NORTH BENGALURU:-560 043 MEMBERSHIP NO.043/39 (BENEFIT OF SENIOR CITIZENS NOT CLAIMED)
Legal Reasoning
MR. SYED NAWAB JAN S/O. ABDUL SUKOOR, AGED ABOUT 69 YEARS R/AT NANDI AT & POST NANDI HOBLI, CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.032/51 (BENEFIT OF SENIOR CITIZENS NOT CLAIMED) MR. MAHABOOB PASHA S/O. MUSTAF SAB AGED ABOUT 59 YEARS R/AT NANDI AT & POST, HOBLI CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.137/50 SRI.M GOVINDAPPA S/O.SRI MUNISHAMAPPA AGED ABOUT 79 YEARS R/AT NANDI AT & POST, HOBLI CHIKKABALLAPURA TALUK & DIST. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8055 WP No. 4094 of 2025 5. 6. 7. 8. PIN- 562103. MEMBERSHIP NO.050/38 SRI.K.M.FAZLULLA S/O. K.M. MAHAMED AGED ABOUT 58 YEARS R/AT NANDI AT & POST NANDI HOBLI, CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.145/50 NOW CAMPED AT WARD NO.3, DARAGAMOHALLA (CMC) CHIKKABALLAPURA:- 562101. SRI.K.M.GOVINDAPPA S/O. SRI MUNINANJAPPA AGED ABOUT 70 YEARS R/AT KUDAVATHI VILLAGE & POST, NANDI HOBLI, CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.143/38 (BENEFIT OF SENIOR CITIZENS NOT CLAIMED) SRI. GOPI N S S/O. SRINIVASALU C.N AGED ABOUT 50 YEARS R/AT KUDAVATHI VILLAGE & POST, NANDI HOBLI, CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.098/61. SRI. LOKESH S/O.CHIKKAMUNISHAMAPPA AGED ABOUT 51 YEARS R/AT SULTANPET VILLAGE, NANDI POST, CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.075/61. 9. SRI.G.S.AJAY S/O. G.R.SRINIVASAN AGED ABOUT 30 YEARS - 3 - NC: 2025:KHC:8055 WP No. 4094 of 2025 R/AT NANDI AT & POST CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.47/67. 10. SRI.S.AKSHAY S/O. SRI G.R.SRINIVASAN AGED ABOUT 37YEARS R/AT NANDI HOBLI, CHIKKABALLAPURA TALUK & DIST. PIN- 562103. MEMBERSHIP NO.187/65. (BY SRI CHOWDAREDDY T.M., ADVOCATE) …PETITIONERS AND: 1. 2. 3. 4. 5. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560 001. THE CO OPERATIVE ELECTION AUTHORITY 3 RD FLOOR, TTMC “A” BLOCK, SHANTHINAGAR, BENGALURU:-560 027 REPTED BY COMPETENT AUTHORITY. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE RANGE, SAHAKARA SOUDHA MARGOUS ROAD, MALLESHWARAMA BENGALURU:- 560 003. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHICKKABALLAPURA DISTRICT, CHICKKABALLAPURA-561207. THE PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., (PLD BANK) CHIKKABALLAPURA TALUK, CHICKKABALLAPURA DISTRICT-562101 BY ITS MANAGER. (REGISTERED UNDER CO-OPERATVE SOCIETIES ACT) 6. THE RETURNING OFFICER THE PRIMARY CO-OPERATIVE AGRICULTURE - 4 - NC: 2025:KHC:8055 WP No. 4094 of 2025 & RURAL DEVELOPMENT BANK LTD., (PLD BANK) CHIKKABALLAPURA TALUK, CHICKKABALLAPURA DISTRICT-562101. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6; SRI T.L. KRAN KUMAR, ADVOCATE FOR R-2; R-5 - SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NOS.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST PRODUCED AT ANNEXURE-D AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 13.02.2025. THIS WRIT PETITION COMING ON FOR PRELMINARY HEARING IN ‘B’ GROUP, 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:- “i. Issues a writ of mandamus directing the Respondent Nos.2 to 6 to include the name of the petitioners in the eligible voters list produced at Annexure-D and permit the petitioners to cast their votes in the elections to the Respondent No.5 which is scheduled to be held on 13.02.2025. ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.” - 5 - NC: 2025:KHC:8055 WP No. 4094 of 2025 2. This Court by way of an interim arrangement on 12.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 13.02.2025 subject to final outcome of this petition. 3. Heard Sri Chowdareddy T.M., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.5 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 13.02.2025 and the petitioners have cast their votes. 6. 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 of - 6 - NC: 2025:KHC:8055 WP No. 4094 of 2025 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. 7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of 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: 1 2022 (4) AKR 775 - 7 - NC: 2025:KHC:8055 WP No. 4094 of 2025
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 13.02.2025. 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 – 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. - 8 - NC: 2025:KHC:8055 WP No. 4094 of 2025 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. 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 MBM List No.: 2 Sl No.: 29