Writ Petition No. 5257 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13705 WP No. 5257 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. 5257 OF 2025 (CS-EL/M) BETWEEN: 1. PARAMESH H S S/O SRINIVASAGOWDA H L AGED ABOUT 47 YEARS SHARE NO.000842 2. SMT. ASHA HR W/O PARAMESH HS AGED ABOUT 40 YEARS SHARE NO.000843 3. SMT. JYOTHI HS W/O SUDHAKAR S C AGED ABOUT 49 YEARS SHARE NO.000845 4. RAMESHA S/O LATE. CHIKKANANJAIAH AGED ABOUT 50 YEARS SHARE NO.000841 5. KRISHNAKUMAR V S/O VEEREGOWDA AGED ABOUT 47 YEARS SHARE NO.0001098 6. HANUMANTHARAJU K S/O LATE. HANUMAIAH AGED ABOUT 42 YEARS SHARE NO.000803 7. LINGARAJU BL S/O LATE. LINGAIAH AGED ABOUT 61 YEARS SHARE NO.000298 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13705 WP No. 5257 of 2025 8. CHANDRAHASA S/O PATEL DYAVEGOWDA AGED ABOUT 51 YEARS SHARE NO.0001025 9. BHIMARAJU S/O ERREGOWDA AGED ABOUT 44 YEARS SHARE NO.0001099
Legal Reasoning
10. SMT. SHOBHA J W/O RAMESH B S AGED ABOUT 49 YEARS SHARE NO.000277 11. RAMESH BS S/O LATE. SUBBEGOWDA G AGED ABOUT 60 YEARS SHARE NO.000276 12. MRS. LATHA B H W/O SUNIL S C AGED ABOUT 60 YEARS SHARE NO.0001093 13. MRS. ANITHA MANOHAR W/O MANOHAR C AGED ABOUT 52 YEARS SHARE NO.0001091 14. SMT. LALITHA S L W/O RANGANTH NT AGED ABOUT 66 YEARS SHARE NO.000801 15. MRS. USHARANI B P W/O MANJUNATH S L AGED ABOUT 56 YEARS SHARE NO.0001092 16. SHIVARAMU S/O LATE. HALAVEGOWDA AGED ABOUT 64 YEARS SHARE NO.00090 - 3 - NC: 2025:KHC:13705 WP No. 5257 of 2025 17. SRINIVASA N S/O LATE. NARASIMHAIAH G AGED ABOUT 67 YEARS SHARE NO.000698 18. SOMASHEKARA S/O S K SHIVEGOWDA AGED ABOUT 57 YEARS SHARE NO.0001085 19. KRISHNA S/O GIRIGOWDA AGED ABOUT 52 YEARS SHARE NO.000321 20. SMT. RATHNA M W/O SOMASHEKARA AGED ABOUT 45 YEARS SHARE NO.0001086 21. KIRAN B S/O BOREGOWDA AGED ABOUT 52 YEARS SHARE NO.000615 22. ANNEGOWDA M T S/O LATE THIMMEGOWDA M T AGED ABOUT 79 YEARS SHARE NO.00093 23. MAHADEVAPPA P S/O PUTTASWAMYGOWDA B AGED ABOUT 68 YEARS SHARE NO.000384 24. SANTHOSH K M S/O MAHADEVAPPA P AGED ABOUT 60 YEARS SHARE NO.000158 25. BANDIGOWDA P S/O PUTTASWAMYGOWDA B AGED ABOUT 45 YEARS SHARE NO.000163 - 4 - NC: 2025:KHC:13705 WP No. 5257 of 2025 26. KRISHNAPPA P S/O PUTTASWAMYGOWDA B AGED ABOUT 61 YEARS SHARE NO.000209 27. BASAVARAJU B S/O LATE BASAVAIAH AGED ABOUT 60 YEARS SHARE NO.000211 28. GIRISHA B S/O BASAVARAJU B AGED ABOUT 45 YEARS SHARE NO.000157 29. RAVISH K S/O KRISHNAPPA P AGED ABOUT 49 YEARS SHARE NO.000208 30. NANDEESHA B S/O BASAVARAJU B AGED ABOUT 44 YEARS SHARE NO.000156 31. SOMANNA B S/O LATE. BASAVAIAH AGED ABOUT 69 YEARS SHARE NO.000322 32. SRINIVASA R S/O RANGAIAH K AGED ABOUT 55 YEARS SHARE NO.000151 33. DEEPAK S S/O SRINIVASA R AGED ABOUT 37 YEARS SHARE NO.000152 34. KARTHIK S S/O SRINIVASA R AGED ABOUT 30 YEARS SHARE NO.000153 - 5 - NC: 2025:KHC:13705 WP No. 5257 of 2025 35. SOMASHEKAR B K S/O LATE. KRISHNAIAH B AGED ABOUT 67 YEARS SHARE NO.000609 36. SATISH M S/O LATE. MARIAPPA G AGED ABOUT 54 YEARS SHARE NO.000249 37. BALARAMA S/O VEKATEGOWDA AGED ABOUT 34 YEARS SHARE NO.000826 38. SMT. ANUSUYA M K W/O LATE. TUKARAM M L AGED ABOUT 81 YEARS SHARE NO.000717 39. VIJENDRA S S/O LATE. SUBBEGOWDA AGED ABOUT 43 YEARS SHARE NO.000355 40. Y K NAGARAJU S/O KALEGOWDA AGED ABOUT 64 YEARS SHARE NO 0006 41. SHIVARAJU S/O SD GOVINDEGOWDA AGED ABOUT 76 YEARS SHARE NO.00016 42. MANJUNATH M T S/O LATE TUKARAM ML AGED ABOUT 65 YEARS SHARE NO.000716 43. KALPANA MANJUNATH W/O MANJUNATH M T AGED ABOUT 61 YEARS SHARE NO.000719 - 6 - NC: 2025:KHC:13705 WP No. 5257 of 2025 44. SMT. M C JAGADAMBADEVI W/O SHIVARAJU AGED ABOUT 65 YEARS SHARE NO.00017 45. PAPANNA K S/O LATE. KARIYANNA B D AGED ABOUT 73 YEARS SHARE NO.00029 46. PRASAD H B S/O BOREGOWDA AGED ABOUT 47 YEARS SHARE NO.000861 47. SURESHA G J S/O JANARDHANA GOWDA AGED ABOUT 38 YEARS SHARE NO.000324 48. SMT. GANGAMMA T N W/O PAPANNA K AGED ABOUT 66 YEARS SHARE NO.00030 49. SIDDARAJU B S/O S/O BASAVEGOWDA AGED ABOUT 51 YEARS SHARE NO.000192 50. GAGNGADHARA M S/O LATE. MANCHAPPA M L AGED ABOUT 56 YEARS SHARE NO.0001049 51. KEPARAJU HL S/O LATE. LINGEGOWDA AGED ABOUT 50 YEARS SHARE NO.000334 52. RAMESHA S/O HONNAIAH AGED ABOUT 46 YEARS SHARE NO.000597 - 7 - NC: 2025:KHC:13705 WP No. 5257 of 2025 53. MUKUNDA T G S/O TK GOPALAKRISHNA MURTHY AGED ABOUT 46 YEARS SHARE NO.000805 54. SMT. JAMUNA Y S W/O RAMESHA AGED ABOUT 35 YEARS SHARE NO.000599 55. SMT. USHA H L W/O MUKUNDA T.G. AGED ABOUT 40 YEARS SHARE NO.000804 56. NARAYANAGOWDA C S/O CHOWDAPPA AGED ABOUT 59 YEARS SHARE NO.000766 57. SANDEEP H V S/O LATE VENKATARAMU AGED ABOUT 43 YEARS SHARE NO.00069 58. SMT YAMUNA RANI B N W/O SURESH M AGED ABOUT 44 YEARS SHARE NO.000295 59. GAJENDRA PRASAD G S S/O LATE SHIVEGOWDA G.L. AGED ABOUT 56 YEARS SHARE NO.000745 60. SUJATHA SR W/O GAJENDRAPRASAD G S AGED ABOUT 44 YEARS SHARE NO.000746 61. SHANTHAMALLAPPA S/O DYAVEGOWDA AGED ABOUT 59 YEARS SHARE NO.000620 - 8 - NC: 2025:KHC:13705 WP No. 5257 of 2025 62. SMT. SHANTHAMMA K W/O SHANTHAMALLAPPA AGED ABOUT 54 YEARS SHARE NO.000725 63. NAGARAJU G J S/O GOVINDEGOWDA AGED ABOUT 41 YEARS SHARE NO.000619 64. SMT. MALA RAVIKUMAR W/O RAVIKUMAR D AGED ABOUT 55 YEARS SHARE NO.000976 65. SMT. BHARATHI W/O LATE KRISHNEGOWDA AGED ABOUT 54 YEARS SHARE NO.000646 66. KUMAR T S/O THAMMAPPAGOWDA AGED ABOUT 61 YEARS SHARE NO.000600 67. SMT. HEMALATHA V K W/ T KUMAR AGED ABOUT 54 YEARS SHARE NO.000601 68. NIKHIL MANJUNATH S/O MANJUNATH MT AGED ABOUT 44 YEARS SHARE NO.000718 69. ANAND M S/O MARIAPPA B M AGED ABOUT 57 YEARS SHARE NO.000512 70. MANJEGOWDA M B S/O BOREGOWDA AGED ABOUT 53 YEARS SHARE NO.000301 - 9 - NC: 2025:KHC:13705 WP No. 5257 of 2025 71. LAVA KUMAR S/O B H GUNDAPPA AGED ABOUT 57 YEARS SHARE NO.00019 72. SHRIDHAR G S/O GUNDAPPA GOWDA AGED ABOUT 54 YEARS SHARE NO.000947 73. PREMAKUMAR M B S/O BASAVARAJU M S AGED ABOUT 44 YEARS SHARE NO. 000812 ALL ARE MEMBERS OF NEGILAYOGI VIVIDDHODDHESHA SOUHARDA SAHAKARI NIYAMITA, (R) #122, NEGILAYOGI MARULESHWARA SEVA BHAVANA, ADICHUNCHANGIRI ROAD, 3RD CROSS, K G KOPPAL JAYANAGARA RAILWAY GATE, MYSURU-570014 …PETITIONERS (BY SRI. SANDESH T B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, 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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001 4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU, MYSURU DISTRICT-570001 - 10 - NC: 2025:KHC:13705 WP No. 5257 of 2025 5. NEGILAYOGI VIVIDDHODDHESHA SOUHARDA SAHAKARI NIYAMITA, (R) #122, NEGILAYOGI MARULESHWARA SEVA BHAVANA, ADICHUNCHANGIRI ROAD, 3RD CROSS, K G KOPPAL JAYANAGARA RAILWAY GATE, MYSURU 570014 REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959) 6. RETURNING OFFICER NEGILAYOGI VIVIDDHODDHESHA SOUHARDA SAHAKARI NIYAMITA, (R) 122, NEGILAYOGI MARULESHWARA SEVA BHAVANA, ADICHUNCHANGIRI ROAD, 3RD CROSS, K G KOPPAL JAYANAGARA RAILWAY GATE, MYSURU-570014 (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. JITHIN JEJJO., ADVOCATE FOR R5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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 VIDE ANNX-A AND ETC. ***** THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 11 - NC: 2025:KHC:13705 WP No. 5257 of 2025 ORAL ORDER 1. SRI.Jithin Jejjo., learned counsel submits that he has file vakalathnamma for respondent No.5. Registry is directed to correct the appearance of Sri.T.L.Kiran Kumar., learned counsel as that appearing for respondent No.2. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 12 - NC: 2025:KHC:13705 WP No. 5257 of 2025 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. 5. In that view of the matter, I pass the following: i. ii.
Decision
ORDER The Writ Petition is disposed of. 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 - 13 - NC: 2025:KHC:13705 WP No. 5257 of 2025 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.: 35