Writ Petition No. 5233 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11254 WP No. 5233 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. 5233 OF 2025 (CS-EL/M) BETWEEN: 1. VENKATESH S/O RAMEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.9/1 2. KULLEGOWDA S/O BOREGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO. 10/1 3. M.SOMANNA S/O LATE MARIGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO. 15/1 4. KULLEGOWDA S/O LATE BOREGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO.55/1 5. KRISHNEGOWDA W/O CHIKKAKARIGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.65/1 6. CHIKKATAYAMMA W/O RAMEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.75/1 7. P.S.SIDDEGOWDA S/O P.SIDDEGOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.78/1 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11254 WP No. 5233 of 2025 8. NINGEGOWDA S/O LATE MARIGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.81/1 9. NINGEGOWDA S/O LATE NINGARAJEGOWDA AGE ABOUT 52 YEARS MEMBERSHIP NO.88/1 10. L.SHIVARAMEGOWDA S/O LATE T.LINGEGOWDA AGE ABOUT 51 YEARS MEMBERSHIP NO.132/2 11. NAGANNA S/O LATE BASAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO. 145/2 12. JAVAREGOWDA S/O LATE BOKKEGOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO. 157/2 13. M.S.SIDDESH W/O P.S.SIDDEGOWDA AGE ABOUT 51YEARS MEMBERSHIP NO.170/2 14. B. SWAMYGOWDA S/O LATE BOREGOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO. 182/2 15. SANNEGOWDA S/O LATE NINGARAJEGOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.204/3 16. KUMAR S/O LATE CHIKKAKARI GOWDA AGE ABOUT 53 YEARS MEMBERSHIP NO. 226/3 - 3 - NC: 2025:KHC:11254 WP No. 5233 of 2025 17. M. C. NINGAPPA S/O CHAMUDAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO. 243/2 18. NAGAMMA W/O LATE BASAVALINGCGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.297/3 19. SAKAMMA W/O LATE BASAVALINGEGOWDA AGE ABOUT 49 YEARS MEMBERSHIP NO.534/6 20. SHIVANNA S/O CHIKKAMADEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.574/6 21. SHEELEGOWDA W/O LATE MARIGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.534/6 22. DODDAHAIDEGOWDA S/O LATE CHALUVEGOWDA AGE ABOUT 54 YEARS MEMBERSHIP NO.784/8 23. KEMPANAYAKA S/O LATE JAVARANAYAKA AGE ABOUT 53 YEARS MEMBERSHIP NO.36/1 24. MANCHANAYAKA S/O LATE LAKSHAMANA NAYAKA AGE ABOUT 55 YEARS MEMBERSHIP NO.57/1 25. HUCCHANAYAKA S/O LATE CHIKKARANGANAYAKA AGE ABOUT 54 YEARS MEMBERSHIP NO.60/1 26. MAHADEVAMMA - 4 - NC: 2025:KHC:11254 WP No. 5233 of 2025 W/O LATE HUCHANAYAKA AGE ABOUT 52 YEARS MEMBERSHIP NO.61/1 27. UMESH J.K S/O LATE KONNANAYAKA AGE ABOUT 56 YEARS MEMBERSHIP NO.62/1 28. RANGANAYAKA S/O LATE KUMBARANAYAKA AGE ABOUT 54 YEARS MEMBERSHIP NO.79/1 29. DEVAMMA S/O LATE MARISIDDENAYAKA AGE ABOUT 54 YEARS MEMBERSHIP NO.760/7 30. GUJJUNAYAKA S/O KONNANAYAKA AGE ABOUT 52 YEARS MEMBERSHIP NO.765/7 31. NINGAMMA W/O SANNAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.585/5 32. JAYAMINA S/O LATE MAHADEVU AGE ABOUT 51 YEARS MEMBERSHIP NO.412/4 33. NINGAMMA S/O SANNAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.585/1 34. DEVAMMA W/O SHIVANNEGOWDA AGE ABOUT 50 YEARS MEMBERSHIP NO.588/5 35. SANTOSH KUMAR S/O LATE SANNEGOWDA - 5 - NC: 2025:KHC:11254 WP No. 5233 of 2025 AGE ABOUT 56 YEARS MEMBERSHIP NO.590/6 36. SHIVANNA S/O LATE CHIKHODIGOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.761/7 37. SOMASHEKHAR S. S/O SOMANNA AGE ABOUT 58 YEARS MEMBERSHIP NO. 39/1 38. SHEKHAR S/O A.M.PUTTASWAMY AGE ABOUT 55 YEARS MEMBERS SHIP NO.99/1 39. BHAGYA W/O A.M.DEVANNA AGE ABOUT 51 YEARS MEMBERSHIP NO.345/4 40. N.MAHENDRA S/O LATE NAGENDRAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.352/4 41. N.ANANDA S/O LATE NAGENDRAPPA AGE ABOUT 52 YEARS MEMBERSHIP NO.353/4 42. SIDDALINGAPPA S/O LATE PUTTAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO.425/5 43. NANJAPPA S/O LATE MARAPPA E ABOUT 50 YEARS MEMBERSHIP NO.443/5 44. P.SHIVARAJU S/O PUTTAPPA AGE ABOUT 55 YEARS - 6 - NC: 2025:KHC:11254 WP No. 5233 of 2025 MEMBERSHIP NO.466/5 45. RAJANNA S/O LATE PUTTASWAMAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.469/1 46. GUJJUNAYAKA S/O KEMPANAYAKA AGE ABOUT 50 YEARS MEMBERSHIP NO.510/1 47. NAGAMMA W/O LATE RAMANNA AGE ABOUT 49 YEARS MEMBERSHIP NO.517/6 48. NANJASHETTY S/O DASASHEETY AGE ABOUT 51 YEARS MEMBERSHIP NO.544/6 49. ANAKANNA S/O DEVARAJANNA AGE ABOUT 57 YEARS MEMBERSHIP NO.546/6 50. MAHADEVASWAMY.D. S/O DEVARAJAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.548/6 51. NIJALINGAPPA S/O LATE MAHADEVAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO. 554/6 52. NAGARAJU S/O POOJARI AGE ABOUT 52 YEARS MEMBERSHIP NO. 557/6 53. MAHADEVASWAMY S/O LATE LINGAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.559/6 - 7 - NC: 2025:KHC:11254 WP No. 5233 of 2025 54. PUTTARAJANAYAKA S/O LATE KEMPANAYAKA AGE ABOUT 51 YEARS MEMBERSHIP NO.560/6 55. NINGANNASWAMY NAYAKA S/O LATE SANNANAYAKA AGE ABOUT 56 YEARS MEMBERSHIP NO 587/6 56. BASAVARAJU S/O LATE SIDDAIAH AGE ABOUT 50 YEARS MEMBERSHIP NO.648/6 57. LINGARAJAPPA S/O LATE NINGAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.674/6 58. A.S. NIJALINGANNA S/O LINGAPPA AGE ABOUT 48 YEARS MEMBERSHIP NO.679/7 59. MANJULA S/O RAJANNA AGE ABOUT 52 YEARS MEMBERSHIP NO.684/7 60. MANJU S/O PUTTANNA AGE ABOUT 48 YEARS MEMBERSHIP NO.688/7 61. NAGANNA S/O KARIYAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO. 693/7 62. DEVANNA S/O KARIYAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO. 710/7 - 8 - NC: 2025:KHC:11254 WP No. 5233 of 2025 63. DEVAMMANNI S/O NINGARAJAPPA AGE ABOUT 55 YEARS MEMBERSHIP NO.713/7 64. NANJASHETTY S/O DASASHETTY AGE ABOUT 50 YEARS MEMBERSHIP NO.766/7 65. SHIVAPPA S/O LATE KALAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO.819/8 66. MAHADEVASWAMY S/O SOMANNA AGE ABOUT 53 YEARS MEMBERSHIP NO.42/1 67. CHANDRAPPA S/O MUDAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO. 161/2 68. BHAGYA W/O BASAVANNA AGE ABOUT 48 YEARS MEMBERSHIP NO.214/3 69. BASAVANNA S/O MURUDAPPA AGE ABOUT 56 YEARS MEMBERSHIP NO.215/3 70. M.KUMAR S/O MAHADEVAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO. 217/3 71. B.MAHADEVAPPA S/O LATE BASAVANNA AGE ABOUT 51 YEARS MEMBERSHIP NO.376/7 - 9 - NC: 2025:KHC:11254 WP No. 5233 of 2025 72. MAHADEVAPPA S/O MALLAPPA AGE ABOUT 54 YEARS MEMBERSHIP NO.405/5 73. JAYAMMA W/O NANJAPPA. L. AGE ABOUT 53 YEARS MEMBERSHIP NO.436/5 74. L. NANJAPPA S/O LATE DEVAPPA AGE ABOUT 57 YEARS MEMBERSHIP NO.437/5 75. SHANTAMMA.S. S/O GURUSWAMY AGE ABOUT 51 YEARS MEMBERSHIP NO.449/5 76. M.BHAGYA W/O LINGARAJU.S. AGE ABOUT 48 YEARS MEMBERSHIP NO. 467/5 77. BASAVARAJAPPA S/O LATE BHOGAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO.471/5 78. KENDAGANNASWAMY S/O. ANAKAPPA. M AGE ABOUT 56 YEARS MEMBERSHIP NO.529/6 79. A. MAHESH S/O ANAKAPPA AGE ABOUT 52 YEARS MEMBERSHIP NO.537/6 80. B.R.NAGARAJU S/O RUDRAPPA AGE ABOUT 50 YEARS MEMBERSHIP NO.605/6 81. M.GURUSWAMY - 10 - NC: 2025:KHC:11254 WP No. 5233 of 2025 S/O MALLAPPA AGE ABOUT 49 YEARS MEMBERSHIP NO.622/6 82. DEVIRAMMA W/O SWAMAPPA AGE ABOUT 47 YEARS MEMBERSHIP NO.643/7 83. BASAVARAJU S/O ERAPPA AGE ABOUT 54 YEARS MEMBERSHIP NO. 668/7 84. SUNDRAMMA W/O LATE JAYASHANKAR AGE ABOUT 52 YEARS MEMBERSHIP NO 677/7 85. GURUSWAMY S/O BASAPPA AGE ABOUT 49 YEARS MEMBERSHIP NO.683/7 86. SANTHOSH KUMAR S. S/O NAGARAJU AGE ABOUT 52 YEARS MEMBERSHIP NO.687/7 87. SUDHAMANI W/O SHAMBHAPPA AGE ABOUT 48 YEARS MEMBERSHIP NO.719/7 88. BASAVANNA S/O NANJAPPA AGE ABOUT 51 YEARS MEMBERSHIP NO.724/7 89. MANJULA W/O RAJU AGE ABOUT 49 YEARS MEMBERSHIP NO 731/7 90. BASAVARAJEGOWDA S/O BOREGOWDA - 11 - NC: 2025:KHC:11254 WP No. 5233 of 2025 AGE ABOUT 54 YEARS MEMBERSHIP NO.715/7 91. NAGEGOWDA S/O LATE BOREGOWDA AGE ABOUT 55 YEARS MEMBERSHIP NO.175/2 92. PRABHUSWAMY.D.P. S/O PUTTASWAMAPPA AGE ABOUT 52 YEARS MEMBERSHIP NO.397/5 93. NINGAMMA W/O LATE MUDDEGOWDA AGE ABOUT 56 YEARS MEMBERSHIP NO.651/7 94. B. M. BASAVARAJU S/O MUDAPPA AGE ABOUT 53 YEARS MEMBERSHIP NO.728/7 95. CHIKKARATNAMMA W/O ERANNA AGE ABOUT 54 YEARS MEMBERSHIP NO.733/7 96. DEVARAJU S/O BASAPPA AGE ABOUT 52 YEARS MEMBERSHIP NO. 753/7 ALL ARE MEMBERS OF JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001 (NON-BORROWERS CONSTITUENCY) …PETITIONERS
Legal Reasoning
(BY SRI. PRASHANTH D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA - 12 - NC: 2025:KHC:11254 WP No. 5233 of 2025 DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. BR 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) 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 - 13 - NC: 2025:KHC:11254 WP No. 5233 of 2025 MANDAMUS DIRECTING 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-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. 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. - 14 - NC: 2025:KHC:11254 WP No. 5233 of 2025 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 15 - NC: 2025:KHC:11254 WP No. 5233 of 2025 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 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 - 16 - NC: 2025:KHC:11254 WP No. 5233 of 2025 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.: 14