Writ Petition No. 5206 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11253 WP No. 5206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5206 OF 2025 (CS-EL/M) BETWEEN: 1. KEMPAIAH S/O LATE KEMPAIAH AGE ABOUT 55 YEARS MEMBERSHIP NO.493/5 2. SIDDANAYAKA W/O LATE JAVARANAYAKA AGE ABOUT 54 YEARS MEMBERSHIP NO.783/8 3. ABDUL SUBBAN S/O ABDUL JALLILA AGE ABOUT 52 YEARS MEMBERSHIP NO.340/4 4. RAJANAYAKA S/O LATE SIDDANAYAKA AGE ABOUT 52 YEARS MEMBERSHIP NO.384/4 5. SHIVAMMA W/O LAKSHMANNA NAYAKA AGE ABOUT 52 YEARS MEMBERSHIP NO.757/7 6. RACHASHETTY S/O CHIKKASHETTY AGE ABOUT 55 YEARS MEMBERSHIP NO.833/8 7. MAHADEVANAYAKA S/O PUTTAMADA NAYAKA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11253 WP No. 5206 of 2025 AGE ABOUT 54 YEARS MEMBERSHIP NO. 841 8. CHIKKAVEEASHETTY S/O CHIKKASHETTY AGE ABOUT 52 YEARS MEMBERSHIP NO.748/7 9. SUSHEELAMMA.M. W/O MARILINGEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.835/8 10. KEMPAMMA W/O LATE NINGEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.475/5 11. K.J.SIDDEGOWDA S/O J.DEVARAJEGOPWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.516/4 12. N.JAYARAM S/O T.NEELAIAH AGE ABOUT 49 YEARS MEMBERSHIP NO.365/4 13. LAKSHMAMMA W/O LATE MADEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.408/5 14. KEMPAMMA W/O VENKATE GOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.773/7 15. KANTAMMA W/O NINGE GOWDA AGE ABOUT 48 YEARS. MEMBERSHIP NO.835/8 16. VIJAY KUMAR.N. S/O NINGE GOWDA AGE ABOUT 45 YEARS - 3 - NC: 2025:KHC:11253 WP No. 5206 of 2025 MEMBERSHIP NO.825/8 17. BASAVARAJU.K. S/O LATE DEVE GOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.378/4 18. MAHADEVU S/O KENCHE GOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.420/5 19. NINGARAJU S/O NINGEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.572/6 20. SIDDAMMA W/O LATE MARILINGEGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.637/6 21. SUVARNAMMA W/O MAHALINGAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.838/8 22. NANJAPPA S/O LATE NANJAPPA AGE ABOUT 58 YEARS MEMBERSHIP NO.802/8 23. KALASWAMAPPA S/O LATE PUTTAPPA AGE ABOUT 57 YEARS MEMBERSHIP NO.812/8 24. M.MALLAPPA S/O MAHALINGAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.350/4 25. JAGADEESH S/O BASAVARAJAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.833/8 - 4 - NC: 2025:KHC:11253 WP No. 5206 of 2025 26. DEEPU.B.N S/O NANJAPPA AGE ABOUT 48 YEARS MEMBERSHIP NO.836/8 27. SHAMBULINGAPPA S/O DODDASANNAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO.803/8 28. RAJAMMA W/O LATE BASAVARAJAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.649/7 29. MAHADEVA.S. S/O SOMMAPPA AGC ABOUT 54 YEARS MEMBERSHIP NO.808/8 30. BASAVARAJU S/O LATE SIDDAIAH AGE ABOUT 55 YEARS MEMBERSHIP NO.647/7 31. PARASHIVAMURTHYSWAMIGALU AGE ABOUT 55 YEARS MEMBERSHIP NO.414/5 32. B.M.CHANDRASHEKHAR S/O B.MAHADEVAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.448/5 33. ERRAPPA S/O LATE THAMMAIAH AGE ABOUT 55 YEARS MEMBERSHIP NO.625/6 34. NAGAMMA W/O ERRAPPA AGE ABOUT 50 YEARS 570001 (BORROWERS CONSTITUENCY) MEMBERSHIP NO.623/6 - 5 - NC: 2025:KHC:11253 WP No. 5206 of 2025 35. MAHADAVAPPA S/O LATE DEVANNA AGE ABOUT 55 YEARS MEMBERSHIP NO.370/4 36. M.MALLIKARJUNA S/O MALLAPPA AGE ABOUT 54 YEARS MEMBERSHIP NO.650/7 37. N.RAJASHEKHAR MURTHY S/O L.BASAVARAJAPPA AGE ABOUT 48 YEARS MEMBERSHIP NO.375/4 38. PUTTAMMANI W/O LATE MALLAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.672/7 39. JAYAMMA W/O DEVAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO.626/6 40. JAYAMMA W/O BASAVARAJEGWODA AGE ABOUT 57 YEARS MEMBERSHIP NO.695/7 41. MUDDAPPA S/O LATE BASAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.711/7 42. MALLESH S/O MARUDAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.712/7 43. MURUDAPPA S/O ERAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO.723/7 44. BASAVANNA - 6 - NC: 2025:KHC:11253 WP No. 5206 of 2025 S/O LATE ERAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO.729/7 45. DODDARATHNAMMA W/O LATE PAPEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.732/7 46. SOMMANNA S/O SIDDAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO.705/7 47. MURUDAPPA S/O LATE CHIKKANNA AGE ABOUT 56 YEARS MEMBERSHIP NO.721/7 48. BHAGYA W/O MANJUSWAMY AGE ABOUT 50 YEARS MEMBERSHIP NO.725/1 49. BASAVARAJU S/O LATE BASAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.730/7 50. SHASHIKALA W/O P.MURTHY AGE ABOUT 51 YEARS. MEMBERSHIP NO.738/7 51. BASAVANNA S/O LATE CHIKKANNA AGE ABOUT 56 YEARS MEMBERSHIP NO.739/7 52. BASAVARAJU.M. S/O LATE ERAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.754/4 53. PADMA W/O LATE SHIVANNEGOWDA - 7 - NC: 2025:KHC:11253 WP No. 5206 of 2025 AGE ABOUT 51 YEARS MEMBERSHIOP NO.801 ALL ARE MEMBERS OF JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001 …PETITIONERS
Legal Reasoning
(BY SRI. PRASHANTH D.,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 MYSURU DISTRICT-570001 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570001 5. JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001 REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) - 8 - NC: 2025:KHC:11253 WP No. 5206 of 2025 6. RETURNING OFFICER JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001 (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. SACHIN KUMAR. B.M., ADVOCATE FOR R5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.02.2025 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. The petitioners are before this Court seeking for the following reliefs: a. 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 votes in the elections to the respondent no. 5 which is scheduled to be held on 23.02.2025 in the interest of justice and equity. - 9 - NC: 2025:KHC:11253 WP No. 5206 of 2025 b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued. 2. 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 and that the votes cast by the petitioners shall be kept in separate ballot boxes. 3. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:11253 WP No. 5206 of 2025 Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners. 4. 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. 5. In that view of the matter, I pass the following:
Decision
ORDER i) ii) The Writ Petition is disposed of. The Returning Officer in each of the above matters 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 each of the above matters. 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 - 11 - NC: 2025:KHC:11253 WP No. 5206 of 2025 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 PRS List No.: 2 Sl No.: 13