Writ Petition No. 5491 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12581 WP No. 5491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5491 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. THIMMARAYA GOWDA, S/O. GANGATHIMMAIAH, AGED ABOUT 56 YEARS, SHARE NO. 59/1. NAGARAJU, S/O. GHANGATHIMMAIAH, AGED ABOUT 60 YEARS, SHARE NO.64/1. JAYARAMAIAH, S/O. RANGASHAMAIAH, AGED ABOUT 54 YEARS, SHARE NO. 152/1. CHANNAPPA, S/O. MARIGANGAIAH, AGED ABOUT 65 YEARS, SHARE NO.2/2. VEERAGOWDA, S/O. GANGARUDRAIAH, AGED ABOUT 53 YEARS, SHARE NO.90/2. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12581 WP No. 5491 of 2025 6. 7. 8. 9. RAJAGOPAL S/O.KARAGAPPA, AGED ABOUT 52 YEARS, SHARE NO.93/2. SHARADAMMA W/O.GAGARAJAIAH, AGED ABOUT 60 YEARS, SHARE NO.12/4. RANGAMMA W/O.RANGASHAMAIAH, AGED ABOUT 65 YEARS, SHARE NO.12/4. HANUMANTHARAYAPPA S/O. DASEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.20/4. 10. YATHIRAJ, S/O. PUTTAMARAIAH, AGED ABOUT 53 YEARS, SHARE NO. 136/4. 11. SIDDAMMA W/O.RAMAKRISHNAIAH, AGED ABOUT 58 YEARS, SHARE NO.50/5. 12. RAJAGOPAL S/O. THIMMARAYAPPA, AGED ABOUT 48 YEARS, SHARE NO.80/5. - 3 - NC: 2025:KHC:12581 WP No. 5491 of 2025 13. RADHA W/O. KRISHNAPPA, AGED ABOUT 40 YEARS, SHARE NO.20/5. 14. MUNIRAJU S/O.SUBBARAYAPPA, AGED ABOUT 55 YEARS, SHARE NO.29/8. 15. VENKATESHKUMAR S/O. BYLAPPA, AGED ABOUT 50 YEARS, SHARE NO.52/9. 16. A.M.GOWDA S/O.ASHWATHAIAH, AGED ABOUT 60 YEARS, SHARE NO.90/9. 17. SAVITHA W/O.VASUDEVAMURTHY, AGED ABOUT 40 YEARS, SHARE NO.94/9. 18. VASUDEVAMURTHY S/O. THIMMARAYAPPA, AGED ABOUT 52 YEARS, SHARE NO. 178/9. 19. GANGAHANUMANTHARAYAPPA S/O. NARASAPPA, AGED ABOUT 70 YEARS, SHARE NO. 131/9. - 4 - NC: 2025:KHC:12581 WP No. 5491 of 2025 20. SIDDESH S/O. BHEEMAIAH, AGED ABOUT 60 YEARS, SHARE NO. 128/9. 21. AMMAIAH W/O. PUTTEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 182/9. 22. MUNIRAJAIAH S/O. GANGAMUNIYAPPA, AGED ABOUT 53 YEARS, SHARE NO.82/10. 23. GANGADHARAIAH S/O. BALAGANGAIAH, AGED ABOUT 62 YEARS, SHARE NO.6/2. 24. UMESH S/O.CHENNAPPA, AGED ABOUT 64 YEARS, SHARE NO.70/2.
Legal Reasoning
25. SRIKANTH S/O. BYRANNA, AGED ABOUT 58 YEARS, SHARE NO. 130/2. 26. RAJASHEKARAIAH S/O. BALAGANGAIAH, AGED ABOUT 65 YEARS, SHARE NO. 131/2. - 5 - NC: 2025:KHC:12581 WP No. 5491 of 2025 27. SADAKSHARAIAH S/O. RAJASHEKARAIAH, AGED ABOUT 44 YEARS, SHARE NO. 139/2. 28. BASAVARAJU S/O. BASAVALINGAIAH, AGED ABOUT 75 YEARS, SHARE NO.142/2. 29. HONNAGANGAIAH S/O. BYRANNA, AGED ABOUT 70 YEARS, SHARE NO.151/2. 30. RENUKARADHYA S/O. BYRANNA, AGED ABOUT 54 YEARS, SHARE NO. 158/2. 31. BHRAMARAMBIKA S/O. HONNAGANGAIAH, AGED ABOUT 60 YEARS, SHARE NO.159/2. 32. SHANKARAIAH S/O. BYRANNA, AGED ABOUT 64 YEARS, SHARE NO. 163/2. 33. DRAKSHAYANI W/O. SHANKARAIAH, AGED ABOUT 58 YEARS, SHARE NO.164/2. - 6 - NC: 2025:KHC:12581 WP No. 5491 of 2025 34. NAGARATHNAMMA W/O. PRAKASH, AGED ABOUT 50 YEARS, SHARE NO. 166/2. 35. SUGGARAJU S/O. BYRANNA, AGED ABOUT 46 YEARS, SHARE NO.170/2. 36. RUDRESHAIAH S/O. BALAGANGAIAH, AGED ABOUT 75 YEARS, SHARE NO. 171/2. 37. SHIVAGANGAMMA S/O. BALGANGAIAH, AGED ABOUT 60 YEARS, SHARE NO. 174/2. 38. ANANDAMURTHY S/O.BASAPPA, AGED ABOUT 65 YEARS, SHARE NO. 176/2. 39. SIDDALINGASWAMY S/O. ADIVESHAIAH, AGED ABOUT 48 YEARS, SHARE NO. 178/2. 40. LINGADEVARU S/O. CHANDRASHEKARAIAH, AGED ABOUT 54 YEARS, SHARE NO.134/4. - 7 - NC: 2025:KHC:12581 WP No. 5491 of 2025 41. BASAVARAJU S/O. CHANNAPPA, AGED ABOUT 44 YEARS, SHARE NO.150/4. 42. NATARAJU S/O. CHANDRASHEKARAIAH, AGED ABOUT 49 YEARS, SHARE NO.13/5. 43. SAKAMMA W/O.REVANNA, AGED ABOUT 70 YEARS, SHARE NO.111/5. 44. SIDDALINGAIAH S/O. PUTTAIAH, AGED ABOUT 70 YEARS, SHARE NO. 122/5. 45. PRAKASH S/O.HONNAPPA, AGED ABOUT 60 YEARS, SHARE NO.136/5. 46. NAGARATHNAMMA W/O. PRAKASH, AGED ABOUT 52 YEARS, SHARE NO.136/5. 47. UMADEVI W/O. DAKSHINAMURTHY, AGED ABOUT 65 YEARS, SHARE NO.13/8. - 8 - NC: 2025:KHC:12581 WP No. 5491 of 2025 48. SUSHEELAMMA W/O.SHIVALINGAIAH, AGED ABOUT 70 YEARS, SHARE NO.58/9. 49. ANILKUMAR S/O. MUNIYAPPA, AGED ABOUT 40 YEARS, SHARE NO. 192/9. 50. APPAYANNA S/O. MUNIYAPPA, AGED ABOUT 70 YEARS, SHARE NO. 113/9. 51. PUTTAVEERAPPA S/O. JAYADEVAPPA, AGED ABOUT 60 YEARS, SHARE NO.8/1. 52. CHALUVAMURTHY S/O.RAMAIAH, AGED ABOUT 59 YEARS, SHARE NO.63/1. 53. SHANTHAMURTHY S/O. PUTTEGOWDA, AGED ABOUT 56 YEARS, SHARE NO. 108/1. 54. NAGARAJU S/O.CHIKKALINGAIAH, AGED ABOUT 63 YEARS, SHARE NO.111/1. - 9 - NC: 2025:KHC:12581 WP No. 5491 of 2025 55. GANGAMMA W/O.NANJAPPA, AGED ABOUT 70 YEARS, SHARE NO. 113/1. 56. SHIVAKUMAR S/O.SIDDAPPA, AGED ABOUT 64 YEARS, SHARE NO.114/1. 57. HANUMANTHARYAPPA S/O.LINGAIAH, AGED ABOUT 53 YEARS, SHARE NO. 124/1. 58. NAGARAJU S/O.GANGAIAH AGED ABOUT 52 YEARS, SHARE NO.125/1. 59. DODDAIAH S/O.CHIKKAHANUMANTHAIAH, AGED ABOUT 68 YEARS, SHARE NO. 167/1. 60. HANUMANTHARAJU S/O.CHOWDAPPA, AGED ABOUT 55 YEARS, SHARE NO. 169/1. 61. GOVINDAIAH S/O.CHANNAIAH, AGED ABOUT 65 YEARS, SHARE NO.170/1. - 10 - NC: 2025:KHC:12581 WP No. 5491 of 2025 62. SHESHABHUSHANARADHYA S/O. CHANNABASAPPA, AGED ABOUT 65 YEARS, SHARE NO.13/2. 63. MYLARAPPA S/O. DODDASHESHAIAH, AGED ABOUT 70 YEARS, SHARE NO.15/2. 64. KEMPEGOWDA S/O.RAMAIAH, AGED ABOUT 35 YEARS, SHARE NO.30/2. 65. SRIRAMAIAH S/O.CHIKKAKEMPAIAH, AGED ABOUT 70 YEARS, SHARE NO.37/2. 66. HANUMANTHARAJU S/O.REVAIAH, AGED ABOUT 70 YEARS, SHARE NO.49/2. 67. NANJUNDAPPA S/O.NARASAPPA, AGED ABOUT 68 YEARS, SHARE NO.64/2. 68. HANUMANTHARAYAPPA S/O.CHIKKAHANUMAIAH, AGED ABOUT 63 YEARS, SHARE NO.100/2. - 11 - NC: 2025:KHC:12581 WP No. 5491 of 2025 69. MUDDARANGAIAH, S/O. CHIKKARANGAIAH, AGED ABOUT 70 YEARS, SHARE NO. 147/2. 70. VENKATESH S/O.MUNIYAPPA, AGED ABOUT 70 YEARS, SHARE NO.26/3. 71. GANGARAJU S/O. RUDRAIAH, AGED ABOUT 50 YEARS, SHARE NO.28/3. 72. RAMAKRISHNAIAH S/O.PUTTAIAH, AGED ABOUT 75 YEARS, SHARE NO.44/3. 73. KEMPANNA S/O. REVANNA AGED ABOUT 55 YEARS, SHARE NO.74/3. 74. CHANNABEERAPPA S/O. MUNISHAMAIAH, AGED ABOUT 75 YEARS, SHARE NO.90/3. 75. PARAMASHIVAIAH S/O. THAMMAYAPPA, AGED ABOUT 65 YEARS, SHARE NO.91/3. - 12 - NC: 2025:KHC:12581 WP No. 5491 of 2025 76. KRISHNAMURTHY S/O.ASHWATHANARAYANAGOWDA, AGED ABOUT 55 YEARS, SHARE NO.95/3. 77. MAHADEVAIAH S/O. CHIKKABYRAIAH, AGED ABOUT 45 YEARS, SHARE NO. 100/3. 78. LALITHAMMA W/O.LAKSHMANA, AGED ABOUT 35 YEARS, SHARE NO.101/3. 79. RATHNAMMA W/O.HANUMANTHARAJU, AGED ABOUT 50 YEARS, SHARE NO. 107/3. 80. NAGADEVA S/O. CHANDRASHEKARAIAH, AGED ABOUT 57 YEARS, SHARE NO.114/3. 81. SIDDALINGASWAMY S/O.CHANDRASHEKARAIAH, AGED ABOUT 47 YEARS, SHARE NO. 115/3. 82. SHASHIDHAR S/O.CHANDRASHEKARAIAH, AGED ABOUT 51 YEARS, SHARE NO.116/3. - 13 - NC: 2025:KHC:12581 WP No. 5491 of 2025 83. ANANDAMURTHY S/O.MUDDAVEERAPPA, AGED ABOUT 54 YEARS, SHARE NO. 137/3. 84. SHIVAKUMAR S/O.HUCCHABASAVAIAH, AGED ABOUT 48 YEARS, SHARE NO.5/4. 85. SHIVAKUMAR S/O.APPAYANNA, AGED ABOUT 55 YEARS, SHARE NO.9/4. 86. SIDDAGANGAMMA W/O.HANUMANTHARAJU, AGED ABOUT 40 YEARS, SHARE NO.46/4. 87. GANGABEERAPPA S/O. MUNISHAMAIAH, AGED ABOUT 68 YEARS, SHARE NO.59/4. 88. HUCHAPPA S/O.CHIKKAHANUMANTHAIAH, AGED ABOUT 78 YEARS, SHARE NO.54/4. 89. NARASIMHAMURTHY S/O. GANGAPPA, AGED ABOUT 55 YEARS, SHARE NO.58/4. - 14 - NC: 2025:KHC:12581 WP No. 5491 of 2025 90. MANJUNATH S/O. RAMAIAH AGED ABOUT 55 YEARS SHARE NO.61/4 91. HUCHUNGAPPA S/O.CHIKKAKEMPAIAH, AGED ABOUT 78 YEARS, SHARE NO.62/4. 92. MANJUNATHAIAH S/O. KALAPPA, AGED ABOUT 60 YEARS, SHARE NO.70/4 93. PUTTABYREGOWDA S/O. GANGABALAPPA, AGED ABOUT 50 YEARS, SHARE NO. 133/2. 94. JAGADISH S/O. CHANNAGANGAIAH, AGED ABOUT 52 YEARS, SHARE NO. 142/4. 95. SARVAMANGALA W/O. KENCHAPPA, AGED ABOUT 46 YEARS, SHARE NO. 145/4. 96. RAMAIAH S/O. BYRAPPA AGED ABOUT 70 YEARS SHARE NO. 156/4. - 15 - NC: 2025:KHC:12581 WP No. 5491 of 2025 97. CHANNAPPA S/O. BYRANNA, AGED ABOUT 75 YEARS, SHARE NO. 172/4. 98. PRAKASHAIAH S/O. BYRASHETTY, AGED ABOUT 58 YEARS, SHARE NO.17/5. 99. SHYLAJA W/O. MANJUNATH, AGED ABOUT 50 YEARS, SHARE NO.51/5. 100. HANUMEGOWDA S/O.HANUMANTHARAYAPPA, AGED ABOUT 50 YEARS, SHARE NO.63/5. 101. PRAKASH S/O. RAMAIAH AGED ABOUT 50 YEARS, SHARE NO.64/5 102. HANUMANTHARYAPPA S/O. KEMAPAIAH AGED ABOUT 80 YEARS, SHARE NO.65/5. 103. HEMANTHKUMAR S/O. RAMACHANDRAIAH, AGED ABOUT 35 YEARS SHARE NO.84/5. - 16 - NC: 2025:KHC:12581 WP No. 5491 of 2025 104. SADASHIVAIAH S/O. GANGAIAH, AGED ABOUT 65 YEARS, SHARE NO.89/5. 105. NAGARAJU S/O.MUNIYAPPA AGED ABOUT 63 YEARS, SHARE NO.128/5. 106. PARASHIVAMURTHY S/O.KEMPANANJAIAH AGED ABOUT 45 YEARS, SHARE NO.131/1. 107. SIDDALINGAIAH S/O. ADIVEPPA, AGED ABOUT 35 YEARS, SHARE NO. 160/8. 108. VIRUPAKAHAIAH S/O. MUDDAVEERAPPA, AGED ABOUT 54 YEARS, SHARE NO.75/7. 109. JAYANNA S/O.KALLAPPA AGED ABOUT 55 YEARS, SHARE NO.91/7. 110. REVAMMA W/O. RAMAIAH, AGED ABOUT 78 YEARS, SHARE NO. 101/7. - 17 - NC: 2025:KHC:12581 WP No. 5491 of 2025 111. GANGARAJU S/O. PUTTABERAIAH, AGED ABOUT 50 YEARS, SHARE NO.33/9. 112. KRISHNAMURTHY S/O. REVANNA, AGED ABOUT 50 YEARS, SHARE NO.34/9. 113. SRINIVAS S/O. NARAYANAPPA, AGED ABOUT 65 YEARS, SHARE NO.36/9. 114. HANUMANTHARAJU S/O. RAMAIAH, AGED ABOUT 48 YEARS, SHARE NO.43/9. 115. NATARAJU S/O. BASAVARAJU, AGED ABOUT 52 YEARS, SHARE NO.63/9. 116. RAMESH S/O. BHEERANNA, AGED ABOUT 48 YEARS, SHARE NO. 64/9. 117. MANJUNATHA S/O. MUTHARAYAPPA, AGED ABOUT 48 YEARS, SHARE NO. 109/9. - 18 - NC: 2025:KHC:12581 WP No. 5491 of 2025 118. SIDDALINGAPPA S/O. DASAPPA, AGED ABOUT 58 YEARS, SHARE NO.115/9. 119. GOVINDARAJU S/O. VENKATAPPA, AGED ABOUT 55 YEARS, SHARE NO. 124/9. 120. BHAGYAMMA S/O. MYLARAPPA, AGED ABOUT 60 YEARS, SHARE NO. 143/9. 121. NATARAJU S/O.HANUMANTHARAJU, AGED ABOUT 35 YEARS, SHARE NO.193/9. 122. NARAYANASWAMY S/O.PUTTAIAH, AGED ABOUT 62 YEARS, SHARE NO.194/9. 123. RATHNAMMA W/O. CHIKKARUDRAIAH, AGED ABOUT 50 YEARS, SHARE NO.199/9. 124. SHANTHAKUMARI W/O. JAYARAM, AGED ABOUT 50 YEARS, SHARE NO.9/10. - 19 - NC: 2025:KHC:12581 WP No. 5491 of 2025 125. BHAIRAHANUMAIAH S/O.BHAIRAGOWDA, AGED ABOUT 70 YEARS, SHARE NO.35/10. 126. RAJESHWARI W/O.SIDDALINGAPPA, AGED ABOUT 45 YEARS, SHARE NO.38/10. 127. SURESH S/O. RAMAKRISHNAIAH, AGED ABOUT 35 YEARS, SHARE NO.90/10. 128. MUNIYAPPA S/O. MELUGIRIYAPPA, AGED ABOUT 65 YEARS, SHARE NO. 140/1. 129. SHAMAIAH S/O.HANUMANTHAIAH, AGED ABOUT 60 YEARS, SHARE NO. 110/1. 130. SHIVANNA S/O. BAJJANNA, AGED ABOUT 75 YEARS, SHARE NO. 108/2. 131. RAMAKRISHNAIAH S/O. BYLAPPA, AGED ABOUT 70 YEARS, SHARE NO. 113/5. - 20 - NC: 2025:KHC:12581 WP No. 5491 of 2025 132. APPAYANNA S/O. MUNIYAPPA, AGED ABOUT 72 YEARS, SHARE NO.113/9. 133. MUNIRAMAIAH S/O. HUCCHAPPA, AGED ABOUT 65 YEARS, SHARE NO. 135/5. 134. GEETHANJALI W/O.SRINIVASAIAH, AGED ABOUT 25 YEARS, SHARE NO.57/10. 135. GANGAMMA S/O. HUCCHAPPA, AGED ABOUT 75 YEARS, SHARE NO.134/5. 136. SHAFIULLA S/O. SUBHANKHAN AGED ABOUT 75 YEARS, SHARE NO.8/2. 137. RAMIZA BEGUM W/O.ABDUL RAZAK AGED ABOUT 68 YEARS, SHARE NO.17/2. 138. MUNIYAPPA S/O. RAMAIAH, AGED ABOUT 49 YEARS, SHARE NO.8/4. - 21 - NC: 2025:KHC:12581 WP No. 5491 of 2025 139. SIDDAGANGAMMA S/O.HANUMANTHARAJU, AGED ABOUT 42 YEARS, SHARE NO.46/4. 140. NANJUNDAPPA S/O. RANGAPPA, AGED ABOUT 65 YEARS, SHARE NO.58/5. 141. RAMAIAH S/O. HULLINGAIAH, AGED ABOUT 75 YEARS, SHARE NO.33/7. 142. KRISHNAMURTHY S/O.NARASAIAH, AGED ABOUT 70 YEARS, SHARE NO.34/7. 143. PUTTARAJU S/O. GANGAIAH AGED ABOUT 55 YEARS, SHARE NO.36/7. 144. MALA W/O.LINGAPPA AGED ABOUT 45 YEARS, SHARE NO.66/7. 145. SRIDHAR S/O. RANGANATH, AGED ABOUT 40 YEARS, SHARE NO.90/7. - 22 - NC: 2025:KHC:12581 WP No. 5491 of 2025 146. JAYAMMA S/O. KRISHNAMURTHY, AGED ABOUT 55 YEARS, SHARE NO.94/7. 147. MARIYAPPA S/O. DODDAIAH, AGED ABOUT 65 YEARS, SHARE NO.4/8. 148. KUNCHINGAPPA S/O.HUCCHANNA, AGED ABOUT 48 YEARS, SHARE NO.59/9. 149. NAGARAJU S/O.GANGAIAH, AGED ABOUT 52 YEARS, SHARE NO.140/9. 150. GANGAHANUMAIAH S/O. GANGAIAH AGED ABOUT 55 YEARS, SHARE NO. 141/9. 151. NAGARAJU S/O. BABURAIAH, AGED ABOUT 58 YEARS, SHARE NO. 190/9. 152. UMADEVI W/O. RAJANNA, AGED ABOUT 55 YEARS, SHARE NO.2/10. - 23 - NC: 2025:KHC:12581 WP No. 5491 of 2025 153. MUNIYAPPA S/O. RAMAIAH AGED ABOUT 45 YEARS, SHARE NO.7/10. 154. CHOWDAPPA S/O.ASHWATHAIAH, AGED ABOUT 62 YEARS, SHARE NO.8/10. 155. JAGADISHA G.B. S/O.BASAPPA, AGED ABOUT 62 YEARS, SHARE NO. 1/6. 156. GANGADHARAIAH S/O.MELUGIRIYAPPA, AGED ABOUT 58 YEARS, SHARE NO. 10/6. 157. D.CHANNAGANGAIAH S/O.DODDACHANNAIAH, AGED ABOUT 63 YEARS, SHARE NO.42/1N. 158. PALADEVAIAH S/O. HANUMARAYAPPA, AGED ABOUT 54 YEARS, SHARE NO.46/IN. 159. CHIKKAKEMPAIAH S/O. BEERAIAH, AGED ABOUT 52 YEARS, SHARE NO.59/1N. - 24 - NC: 2025:KHC:12581 WP No. 5491 of 2025 160. SAROJAMMA W/O.NANJEGOWDA, AGED ABOUT 55 YEARS, SHARE NO. 85/1N. 161. NAGARAJU S/O.HUCCHAPPA, AGED ABOUT 50 YEARS, SHARE NO.86/1N. 162. PADMAVATHI W/O.NAGARAJ, AGED ABOUT 45 YEARS, SHARE NO.88/1N. 163. HANUMAKKA W/O.KEMAPAIAH, AGED ABOUT 70 YEARS, SHARE NO.96/1N. 164. MUNIHANUMAIAH S/O. MUNIHANUMAIAH, AGED ABOUT 68 YEARS, SHARE NO.26/2N. 165. MUDDARAMAIAH S/O.MARIYANNA, AGED ABOUT 70 YEARS, SHARE NO.44/2N. 166. NANJEGOWDA S/O.SIDDAGANGAIAH, AGED ABOUT 43 YEARS, SHARE NO.87/2N. - 25 - NC: 2025:KHC:12581 WP No. 5491 of 2025 167. SIDDAGNGAIAH S/O. MELUVAIAH, AGED ABOUT 70 YEARS, SHARE NO.88/2N. 168. SURYANARAYANA SINGH S/O.BHIMA SINGH, AGED ABOUT 60 YEARS, SHARE NO.98/2N. 169. THIPPARUDRASWAMY S/O. HONNAPPA, AGED ABOUT 56 YEARS, SHARE NO.10/3N. 170. BYLAMMA W/O.M.SHIVANNA, AGED ABOUT 63 YEARS, SHARE NO.14/3N. 171. GIRIYAPPA S/O. KARIYAPPA, AGED ABOUT 67 YEARS, SHARE NO. 17/3N. 172. RAVICHANDRA S/O. VEERAPPA, AGED ABOUT 53 YEARS, SHARE NO.23/3N. 173. NARASIMHAMURTHY S/O. KRISHNARAO, AGED ABOUT 55 YEARS, SHARE NO.25/3N. - 26 - NC: 2025:KHC:12581 WP No. 5491 of 2025 174. JAYAMMA W/O.SATHYANARAYANA, AGED ABOUT 72 YEARS, SHARE NO.90/3N. 175. RAJANNA S/O. K.R.M GOWDA, AGED ABOUT 80 YEARS, SHARE NO.97/3N. 176. RATHNAMMA W/O.CHANDRAPPA, AGED ABOUT 48 YEARS, SHARE NO.99/3N. 177. MAHADEVAIAH S/O. SIDDALINGAIAH, AGED ABOUT 56 YEARS, SHARE NO.26/4N. 178. JAGADAMBA W/O.SHIVASHANKAR, AGED ABOUT 53 YEARS, SHARE NO.54/4N. 179. K.C.RAJESHWARI, W/O. PRASANNAKUMAR, AGED ABOUT 52 YEARS, SHARE NO.56/4N. 180. MUDDUKRISHNEGOWDA S/O.RANGANATHAGOWDA, AGED ABOUT 60 YEARS, SHARE NO.2/4N. - 27 - NC: 2025:KHC:12581 WP No. 5491 of 2025 181. GANGARAJU S/O. PUTTARAMAIAH, AGED ABOUT 68 YEARS, SHARE NO.3/4N. 182. PRAKASH S/O.KEMPARANGAIAH, AGED ABOUT 55 YEARS, SHARE NO.4/4N. 183. GANGADHARAIAH S/O.MALLAIAH, AGED ABOUT 55 YEARS, SHARE NO.5/4N. 184. SUNANDAMMA W/O.JAGADISH, AGED ABOUT 52 YEARS, SHARE NO.49/6. …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY. - 28 - NC: 2025:KHC:12581 WP No. 5491 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI VIDAN SOUDA, DODDABALLAPURA TALUK - 56 120 BANGALORE RURAL DISTRICT KARNATAKA. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA - 561 203 BANGALORE RURAL TALUK. 5. KANASAVADI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD GOOLYA VILLAGE, PURUSHANAHALLI POST MADURE HOBLI, DODDABALLAPURA TALUK - 561 203 BANGALORE RURAL DISTRICT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. THE RETURNING OFFICER, KANASAVADI MULTPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD., GOOLYA VILLAGE, PURUSHANAHALLI POST, MADURE HOBLI, DODDABALLAPURA TALUK-561203 BANGALORE RURAL DISTRICT (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R6; SRI. DEVI PRASAD SHETTY FOR C/R5; SRI. T. L. KIRAN KUMAR FOR R2) …RESPONDENTS THIS WP IS FILED UNDER 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE - 29 - NC: 2025:KHC:12581 WP No. 5491 of 2025 RESPONDENTS INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-E AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 27/02/2025 AND ETC. THIS 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. This Court by way of various interim order 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 1 W.P.No.8502/2022 dated 7.6.2022 - 30 - NC: 2025:KHC:12581 WP No. 5491 of 2025 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. 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 of 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 of the above matter. - 31 - NC: 2025:KHC:12581 WP No. 5491 of 2025 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 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 AMM List No.: 1 Sl No.: 66