Writ Petition No. 5351 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:10683 WP No. 5351 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.5351 OF 2025 (CS-EL/M) BETWEEN: 1. MR ASHOK KULAL M K S/O. LATE M. KANTHAPPA AGED ABOUT 62 YEARS R/AT NO. 2-93/8, VISHVESH NEAR GOVT. JUNIOR COLLEGE GANDHINAGAR, KAVOOR MANGALURU - 575 015. 2. MRS. UMAVATHI W/O. AITAPPA MOOLYA AGED ABOUT 68 YEARS, R/A. NO.1-40, MAINDAGURI THOKURU, MANGALURU - 575 011.
Legal Reasoning
3. MR. BHOJA MOOLYA AGED ABOUT 52 YEARS S/O. BOGGU MOOLYA NO.1-172, MATHRU CHAYA NILAYA MAINDAGURI, THOKURU MANGALURU - 575 011. 4. MR. DEEKSHITH AGED ABOUT 33 YEARS S/O. BHOJA KULAL R/A. NO.1-200/A, THOKURU SHEDIGURI MANGALURU - 575 011. 5. MR. VASANTHA KULAL AGED ABOUT 49 YEARS S/O. LATE VENKAPPA MOOLYA R/A. NO.1-18/5/3, JAYAPRIYA NIVAS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10683 WP No. 5351 of 2025 NEAR PETROL PUMP, MAINDAGURU THOKURU, MANGALURU - 575 011. 6. MRS. SATHYAVATHI YANE ANUSHA AGED ABOUT 48 YEARS W/O. PADMANABHA BANGERA NO.1-70/3, NEAR SEZ COLONY MAINDAGURU, THOKURU MANGALURU 575 011. 7. MR. SUDHAKARA SALIAN AGED ABOUT 47 YEARS S/O. VASU MOOLYA NO.4-91 B, ELINJE MANGALURU - 574 141. 8. MRS. GAYATHRI D AGED ABOUT 38 YEARS W/O. KISHORE KUMAR R/A. NO.3-353, SANTOSH NAGAR MUNNUR POST, MANGALURU 575 017. 9. MRS. KAMALA BAI AGED ABOUT 86 YEARS W/O. LATE M. KANTHAPPA R/AT NO. 2-93/8, VISHVESH NEAR GOVT. JUNIOR COLLEGE GANDHINAGAR, KAVOOR MANGALURU - 575 015. 10. MS. VANAMALA KULAL M.K AGED ABOUT 53 YEARS W/O. LATE M. KANTHAPPA R/AT NO. 2-93/8, VISHVESH NEAR GOVT. JUNIOR COLLEGE GANDHINAGAR, KAVOOR MANGALURU 575 015. 11. MR. DEVADAS S AGED ABOUT 38 YEARS S/O. ANTHAPPA MODLIYA R/AT. SRI NILAYA - 3 - NC: 2025:KHC:10683 WP No. 5351 of 2025 NEAR VENKATARAMANA SCHOOL, KULAI, MANGALURU TOWN, MANGALURU - 575 015. 12. MS. BHARATHI AGED ABOUT 47 YEARS D/O. SUNDARA MOOLYA R/AT NO. 4-71/2 NEAR RAILWAY BRIDGE, KULAI GUDDE KULAI, MANGALURU - 575 019. 13. MR. ASHOK KUMAR AGED ABOUT 59 YEARS S/O. VASU BANGERA R/AT NO. 1-105/1, KULURU FERY ROAD BANGRA KULOORU, MANGALURU - 575 013. …PETITIONERS (BY SRI. ARAVIND REDDY .H, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA 6TH FLOOR, 3RD GATE, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING 3RD FLOOR, SHANTHINAGARA BENGALURU-560027 REP. BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY MANGALURU DISTRICT MANGALURU 575 015. 4. KUMBARA GUDI KAIGARIKA CO-OPERATIVE SOCIETY LTD. - 4 - NC: 2025:KHC:10683 WP No. 5351 of 2025 CENTRAL OFFICE, CHAKRASOUDHA KULAYI, MANGALURU - 575 019 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER THE KARNATAKA CO-OP SOCIETIES ACT 1959) 5. THE RETURNING OFFICER KUMBARA GUDI KAIGARIKA CO-OPERATIVE SOCIETY LTD. CENTRAL OFFICER, CHAKRASOUDHA KULAYI, MANGALURU-575 019. [CAUSE TITLE AMENDED VIDE COURT ORDER DATED 24.02.2025] …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FOLLOW THE PROVISIONS CONTAINED IN RULE 13 D (2-A) OF THE KCS RULES, 1960 AS THE MANDATE OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE 4TH RESPONDENT SOCIETY BY INCLUDING THE NAME OF THE PETITIONERS AND 1378 IN ELIGIBLE A CLASS MEMBERS IN THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING THEM TO IN THE ELECTION CONTEST AND CAST THEIR VOTE SCHEDULED TO BE HELD ON 02.03.2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2025:KHC:10683 WP No. 5351 of 2025 ORAL ORDER 1. 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. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - NC: 2025:KHC:10683 WP No. 5351 of 2025 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: i) ii)
Decision
ORDER The Writ Petition is disposed of. The Returning Officer in the above matter 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 - 7 - NC: 2025:KHC:10683 WP No. 5351 of 2025 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 NBM List No.: 1 Sl No.: 89