Writ Petition No. 4464 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13273 WP No. 4464 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. 4464 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. GANGAMBIKE, W/O. B.M. CHANNAVEERAIAH, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 19. 2. K.S. LINGADEVARU, S/O LATE SIDDALINGAIAH, AGED ABOUT 87 YEARS, MEMBERSHIP NO. 96. 3. H.C. HOMBAIAH, S/O LATE CHIKKAHANUMAIAH, AGED ABOUT 81 YEARS, MEMBERSHIP NO. 111.
Legal Reasoning
4. SMT. SHARADAMMA, W/O LATE GANGANNA, AGED ABOUT 75 YEARS, MEMBERSHIP NO. 183. 5. S. RUDRAIAH, S/O. LATE SIDDAVERAIAH, AGED ABOUT 78 YEARS, MEMBERSHIP NO. 227. 6. SMT. N.D CHANDRAKALA, W/O. A.S. DEVARAJU, AGED ABOUT 58 YEARS, MEMBERSHIP NO. 316. 7. CHANDRAMOULI, S/O. M.P. RUDRAPPA, AGED ABOUT 63 YEARS, MEMBERSHIP NO. 389. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13273 WP No. 4464 of 2025 8. B.S. BASAVARAJU, S/O B.SADASHIVAIAH, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 491. 9. SMT. BASAMMA, W/O SIDDARAMAIAH, AGED ABOUT 88 YEARS, MEMBERSHIP NO. 502. 10. V.R. INGALAHALLI, S/O. LATE RACHAPPA, AGED ABOUT 79 YEARS, MEMBERSHIP NO. 747. 11. SMT. S.M. ASHA, W/O S.MAHADEVAPPA, AGED ABOUT 56 YEARS, MEMBERSHIP NO. 750. 12. SMT. SHIVARAJAMMA, W/O. L.S. SHIVANNA, AGED ABOUT 50 YEARS, MEMBERSHIP NO. 826. 13. S. MOHAN RAO, S/O. LATE GOVINDARAO, AGED ABOUT 82 YEARS, MEMBERSHIP NO. 977. 14. B. BASAVARAJU, S/O. LATE BASAVARAJAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO. 1018. 15. SMT. K.G. MANJULA, W/O R. RACHAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO. 1034. 16. CHANDRASHEKAHARAIAH, S/O. LATE MALLAIAH B.C., AGED ABOUT 77 YEARS, MEMBERSHIP NO. 1035. - 3 - NC: 2025:KHC:13273 WP No. 4464 of 2025 17. SMT. B.S. GOWRAMMA, W/O B.K. SIDDAGANGAIAH, AGED ABOUT 68 YEARS, MEMBERSHIP NO. 1052. 18. B.T. SUMANGALAMMA, W/O T.VEERABHARAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 1078. 19. SUBHASHCHARDRA BOSE, S/O GIRIYAPPA, AGED ABOUT 66 YEARS, MEMBERSHIP NO. 1130. 20. T.H. SHIVAKUMARSWAMY, S/O. LATE T.S. G. HUCHAPPA, AGED ABOUT 83 YEARS, MEMBERSHIP NO. 1155. 21. T.C. SATHISHKUMAR, S/O. LATE CHANNAVEERAIAH, AGED ABOUT 68 YEARS, MEMBERSHIP NO. 1256. 22. V. BASAVARAJU, S/O. LATE ANGADI VEERAPPA, AGED ABOUT 79 YEARS, MEMBERSHIP NO. 1403. 23. SMT. B.S. ANNAPOORANA PRAKASH, W/O. A.S. PRAKASH, AGED ABOUT 73 YEARS, MEMBERSHIP NO. 1457. 24. SMT. B.R. MANJULA, W/O. B.PARAMESH, AGED ABOUT 62 YEARS, MEMBERSHIP NO. 1511. 25. H.R. MAHADEVAPPA, S/O RUDRAPPA, AGED ABOUT 78 YEARS, MEMBERSHIP NO. 1672. - 4 - NC: 2025:KHC:13273 WP No. 4464 of 2025 26. T.N. MAHADEVASWAMY, S/O. T. M. NANJUNDAPPA, AGED ABOUT 64 YEARS, MEMBERSHIP NO. 1678. 27. SMT. GANGAMBIKE, W/O. LATE S.V. APPAJI, AGED ABOUT 64 YEARS, MEMBERSHIP NO. 1743. 28. R. MAHESH, S/O R. RACHAPPA, AGED ABOUT 54 YEARS, MEMBERSHIP NO. 1792. 29. SMT. E. CHETHANA, W/O. R. RACHAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO. 1862. 30. B.S. VIJAYAKUMAR, S/O. T.S. K. SWAMY, AGED ABOUT 46 YEARS, MEMBERSHIP NO. 1896. 31. SMT. R. CHANDRIKA, W/O. LATE G.K. RANGAIAH, AGED ABOUT 44 YEARS, MEMBERSHIP NO. 1903. 32. SMT. KAVITHA, W/O. SRURESH K.N., AGED ABOUT 58 YEARS, MEMBERSHIP NO. 1930. 33. T.S. BASHETTPPA, S/O B. SANGAPPA, AGED ABOUT 69 YEARS, MEMBERSHIP NO. 1945. 34. H.C. DINESH, S/O H.V. CHANDRASEKHARAPPA, AGED ABOUT 48 YEARS, MEMBERSHIP NO. 1959. - 5 - NC: 2025:KHC:13273 WP No. 4464 of 2025 35. SMT. MALINI, W/O PRAVEEN G.R., AGED ABOUT 42 YEARS, MEMBERSHIP NO. 1964. THE PETITIONERS ARE THE MEMBERS OF KALYAN COOPERATIVE HOUSING SOCIETY LTD., NO. 1122, SERVICE ROAD, HAMPINAGAR, BENGALURU-560 104. (BY SRI G CHANDRASEKHARAIAH, ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES (INDUSTRIAL & DAIRY), NO.1, ALI ASKER ROAD, BENGALURU AND ELECTION OFFICER, KALYAN COOPERATIVE HOUSING SOCIETY LTD., NO. 1122, SERVICE ROAD, HAMPINAGAR, BENGALURU-560 104. 3. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDHA, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGALURU-560 003. 4. KALYAN COOPERATIVE HOUSING SOCIETY LTD., NO.1122, SERVICE ROAD, HAMPINAGAR, BENGALURU-560 104. REPTD. BY ITS SECRETARY, (WHICH IS A COOPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) 5. THE RETURNING OFFICER, KALYAN COOPERATIVE HOUSING SOCIETY LTD., NO.1122, SERVICE ROAD, HAMPINAGAR, - 6 - NC: 2025:KHC:13273 WP No. 4464 of 2025 BENGALURU AND COOPERATIVE DEVELOPMENT OFFICER, O/O THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, BENGALURU. 6. THE KARNATAKA STATE COOPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560 027. REPTD.BY ITS SECRETARY. (BY SRI YOGESH D NAIK, AGA FOR R-1, R-2, R-3 & R-5; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-6; SRI T DADAKHALANDAR, ADVOCATE FOR R-4) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER DECLARING THAT THE ACTION OF THE R4 SOCIETY IN HOLDING ELECTION TO ITS BOARD ON THE MANDATORY REQUIREMENT OF RULE 13D(2-A)(2) OF THE RULES STRICTLY AND COMPLETELY AS BAD AND ILLEGAL ETC. 16.02.2025 WITHOUT FOLLOWING THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 1. This Court by way of various interim orders had ORAL ORDER 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 and that the votes cast by the petitioners shall be kept in separate ballot boxes. - 7 - NC: 2025:KHC:13273 WP No. 4464 of 2025 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:
Decision
ORDER i. The Writ Petition is disposed of. 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:13273 WP No. 4464 of 2025 ii. 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.: 31