Writ Petition No. 4769 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9467 WP No. 4769 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4769 OF 2025 (CS-EL/M) BETWEEN: 1. SRI.CHANNA NANJEGOWDA S/O. BYRAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO. 08 2. SRI.PUTTAMALIGACHAAR S/O MALIGACHAAR AGED ABOUT 62 YEARS MEMBERSHIP NO.12 3. SRI. PUTTAMALIGACHAAR. S/O SUGNANACHAAR AGED ABOUT 65 YEARS MEMBERSHIP NO. 29
Legal Reasoning
4. SRI. K.M. MALLIKARJUNA S/O MUDIYAPPA. AGED ABOUT 70 YEARS MEMBERSHIP NO. 32 5. SMT. SHANTHAMMA W/O. K.M. RANGAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 39 6. SMT. RATHNAMMA W/O.VENKATESH AGED 56 YEARS MEMBERSHIP NO.53 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9467 WP No. 4769 of 2025 7. SMT. PUTTAMMA W/O. CHIKKAMUTHURAYAPPA. AGED ABOUT 75 YEARS MEMBERSHIP NO. 62 8. SRI.RAMAKRISHNAPPA S/O. BYRAPPA. AGED ABOUT 62 YEARS MEMBERSHIP NO. 83 9. SMT. LAKSHMAMMA. W/O. MUNIKRISHNAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 85 10. SMT. LAKSHMAMMA. W/O. RAMAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO. 86 11. SMT. LAKSHMAMMA. W/O. CHANNANAJEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO.91 12. SRI. HANUMANTHEGOWDA S/O.CHIKKARANGAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 94 13. SMT. LAKSHMAMMA. W/O. HANUMANTHEGOWDA AGED ABOUT 52 YEARS MEMBERSHIP NO. 95 14. SMT. VENKATALAKSHMAMMA W/O. UMESH AGED ABOUT 50 YEARS MEMBERSHIP NO. 117 - 3 - NC: 2025:KHC:9467 WP No. 4769 of 2025 15. SMT. MUNILAKSHMAMMA. W/O. GOWDAIAH. AGED ABOUT 48 YEARS MEMBERSHIP NO.119 16. SRI. MANJUNATHA K.B S/O. BETTEGOWDA. AGED ABOUT 65 YEARS MEMBERSHIP NO. 120. 17. SRI. NAGARAJ K.L. S/O. LAKKAPPA. AGED ABOUT 58 YEARS MEMBERSHIP NO. 123. 18. SMT. KAMALAMMA. D/O. MUNIYAMMA AGED ABOUT 68 YEARS MEMBERSHIP NO. 133. 19. SRI. GOWDAIAH S/O. RANGAPPA. AGED ABOUT 56 YEARS MEMBERSHIP NO. 162. 20. SMT. HEMAVATHI W/O. MUTHURAYAPPA AGED ABOUT 52 YEARS MEMBERSHIP NO. 163 21. SMT. PUTTAGOWRAMMA. W/O RAMAKRISHNAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 96 22. SRI. SOMANNA .D. S/O. DODDARANGAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 112. - 4 - NC: 2025:KHC:9467 WP No. 4769 of 2025 ALL ARE MEMBERS OF KADATHANAMALE MILK PRODUCERS CO-OPRATIVE SOCIETY LIMITED, KADATHANAMALE, ARAKERE POST, BANGALORE NORTH TALUK, BANGALORE- 562 136. (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED BY THE PETITIONER NO. 2, 3, 7, 8, 9, 10, 16, 18 AND 22.) …PETITIONERS (BY SRI. RAVI SHANKAR K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT ALI ASKAR ROAD BANGALORE-560 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT ALI ASKAR ROAD BANGALORE-560 001. - 5 - NC: 2025:KHC:9467 WP No. 4769 of 2025 5. THE RETURNING OFFICER (SRI.T.C.MUNIYAPPA) KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE -560 089 6. KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE. ARAKERE POST, BANGALORE NORTH TALUK-562 136 REP. BY ITS SECRETARY. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 TO R5, SRI. T L KIRAN KUMAR,ADVOCATE FOR R2, SRI. VINOD C.S., ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R-6 WHICH IS SCHEDULED TO BE HELD ON 20.02.2025. THIS PETITION, COMING ON FOR PRELIMINARY 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 reliefs: Wherefore, the petitioner most humbly prays that this Hon’ble court may be pleased to issue - 6 - NC: 2025:KHC:9467 WP No. 4769 of 2025 Issue a writ of mandamus directing the respondent no.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to vote in the elections to the respondent no.6 which is scheduled to be held on 20.02.2025 in the interest of justice and equity. 2. Heard the learned counsel for the petitioners, the learned AGA for respondents No.1, 3 to 5, Sri T L Kiran Kumar, learned counsel for respondent No.2 and Sri Vinod C.S., learned counsel for respondent No.6 and perused the material on record. 2. Learned counsel for respondent No.6 submits that in an identical matter in the case of Asha and others vs. The State of Karnataka and others1 (Asha), this Court directed the Returning Officer to announce the results including the votes of the petitioners and a similar order needs to be passed in the present petition as well. 1 W.P. No.3375/2025 D.D. 24.02.2025 - 7 - NC: 2025:KHC:9467 WP No. 4769 of 2025 3. W.P. No.3375/2025 stated supra is disposed of pertaining to the same society, the present petition needs to be disposed of in similar terms and accordingly, this Court pass the following order:
Decision
ORDER i. Writ petition is disposed of. 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 20.02.2025. 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. - 8 - NC: 2025:KHC:9467 WP No. 4769 of 2025 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. 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. ______________________ JUSTICE K.S. HEMALEKHA Sd/- MBM List No.: 2 Sl No.: 20