Writ Petition No. 5523 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12438 WP No. 5523 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. 5523 OF 2025 (CS-EL/M) BETWEEN: 1. RAMESH S/O SIDDAPPA AGED ABOUT 59 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 12/6 2. MUNIRAJU S/O DODDARUDRAIAH, AGED ABOUT 58 YEARS, R/O KANASAVADI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 29/6 3. BYLAPPA S/O BYLANJINAPPA, AGED ABOUT 63 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 30/6 4. GANGAMMA W/O BYLAPPA AGED ABOUT 59 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 31/6 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12438 WP No. 5523 of 2025 5. CHANDRASHEKAR S/O CHIKKAMUNIYAPPA, AGED ABOUT 55 YEARS, R/O KANASAVADI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 33/6 6. SHIVAMMA, W/O BYRAPPA, AGED ABOUT 50 YEARS, R/O KANNAMANGALA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203 SHARE NO 42/6 7. SHARADAMMA, W/O HANUMANTARAYAPPA, AGED ABOUT 67 YEARS, R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 45/6 8. REVAIAH S/O GANGAPPA AGED ABOUT 72 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 51/6 9. GAYATHRI DEVI, W/O RANGASWAMY AGED ABOUT 65 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 54/6 - 3 - NC: 2025:KHC:12438 WP No. 5523 of 2025 10. RAMAIAH, S/O CHIKKAMUNISHAMAIAH, AGED ABOUT 56 YEARS, R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 66/6 11. GIRISH, S/O SATHYANARAYANA, AGED ABOUT 45 YEARS, RIO KANASAVADI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 18/7 12. GAYITRI, W/O PRAKASH AGED ABOUT 55 YEARS, R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 1/1N 13. ASHWATHAMMA W/O RAJANNA AGED ABOUT 58 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 4/1N 14. MANJULA, W/O PURUSHOTHAMA AGED ABOUT 60 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 7/1N - 4 - NC: 2025:KHC:12438 WP No. 5523 of 2025 15. SIDDAMA W/O RAMAIAH AGED ABOUT 67 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO14/1N 16. NAGARATHNAMMA W/O HUCHHAIAH AGED ABOUT 56 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO18/1N 17. NARAYANAPPA S/O PAPAIAH AGED ABOUT 70 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 23/1N 18. SIDDARAJU S/O CHANNAVEERAIAH R/O RAMADEVANAHALLI VILLAGE AGED ABOUT 65 YEARS DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 24/1N 19. BASAMMA W/O GOVINDAPPA AGED ABOUT 75 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 28/1N - 5 - NC: 2025:KHC:12438 WP No. 5523 of 2025 20. HUCHHAIAH S/O GANGAPPA AGED ABOUT 68 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 30/1N 21. LAKSHMAMMA W/O HUCHHAIAH AGED ABOUT 60 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 31/1N 22. BAGYAMMA W/O MUNIYAPPA AGED ABOUT 55 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 43/1N 23. RAMAKKA W/O RAMAIAH AGED ABOUT 70 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 46/1N 24. HARINDRA S/O BOMMAIAH AGED ABOUT 53 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 49/1N - 6 - NC: 2025:KHC:12438 WP No. 5523 of 2025 25. SIDDAGANGAMMA W/O LAKSHMIKEMPAIAH AGED ABOUT 58 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 58/1N 26. CHIKKAKEMPAIAH S/O BEERAIAH AGED ABOUT 55 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 59/1N 27. GANGAMMA W/O KEMPAIAH AGED ABOUT 58 YEARS R/O RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 63/1N 28. PAPAMMA W/O KEMPEGOWDA AGED ABOUT 55 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 68/1N 29. RADHAKRISHNA S/O MUNIYAPPA AGED ABOUT 65 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 71/1N - 7 - NC: 2025:KHC:12438 WP No. 5523 of 2025 30. NAGARAJU S/O HUCHEAPPA AGED ABOUT 62 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 86/1N 31. PADMAVATI W/O NAGARAJU AGED ABOUT 52 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 88/1N 32. JAGADISH, S/O DODDAKARIANNA AGED ABOUT 54 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 93/1N 33. JAYAMMA, W/O BANDIGOWDA AGED ABOUT 60 YEARS KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 95/1N 34. HANUMAKKA W/O KEMPAIAH AGED ABOUT 64 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 96/1N - 8 - NC: 2025:KHC:12438 WP No. 5523 of 2025 35. NARAYANNASWAMY, S/O MUNICHANEAYYA AGED ABOUT 65 YEARS R/O MARASANDRA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 99/1N 36. KARIYANNA, S/O KENCHEAPPA AGED ABOUT 52 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 6/2N 37. SATYANARAYANA, S/O HANUMAYYA, AGED ABOUT 40 YEARS, R/O TIMMASANDRA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 39/2N 38. SURYANARAYAN SINGH S/O BHEEMA SINGH AGED ABOUT 59 YEARS R/O MARASANDRA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 98/2N 39. BYLAMMA W/O SHIVANNA AGED ABOUT 60 YEARS R/O MARASANDRA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 14/3N 40. RATHNAMMA W/O RAMANJINAPPA - 9 - NC: 2025:KHC:12438 WP No. 5523 of 2025 AGED ABOUT 55 YEARS R/O KANASAVADI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 87/3N 41. THIMMAKKA W/O NARASAPPA AGED ABOUT 62 YEARS R/O KANASAVADI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 88/3N 42. JAYAMMA W/O SATYANARAYANA AGED ABOUT 61 YEARS R/O KANASAVADI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 90/3N 43. SATHYANARAYANA S/O GANGAHANUMAIAH, AGED ABOUT 65 YEARS, R/O KANASAVADI VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561203 SHARE NO.98/1 44. DEVARAJU S/O CHANDRANNA AGED ABOUT 50 YEARS MARASANDRA VILLAGE R/O DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 28/4N 45. RATHNAMMA W/O SIDDAMASTAPPA AGED ABOUT 52 YEARS - 10 - NC: 2025:KHC:12438 WP No. 5523 of 2025 R/AT RAMADEVANAHALLI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 52/4N 46. JAGADAMBA W/O SHIVASHANKAR AGED ABOUT 56 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 54/4N 47. RAJESHWARI W/O PRASANNAKUMAR AGED ABOUT 56 YEARS R/O KANNAMANGALA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 SHARE NO 56/4N
Legal Reasoning
(BY SRI. ARUN KUMAR Y.H., ADVOCATE) AND: …PETITIONERS 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE -ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK K H ROAD SHANTHINAGAR BANGALORE - 560 027 REPRSENTED BY ITS SECRETARY 3. KANASAVADI MULTI PURPOSE PRIMARY - RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS CEO. - 11 - NC: 2025:KHC:12438 WP No. 5523 of 2025 A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. KANASAVADI, DODDABALLAPURA, BENGALURU RURAL - 561203 4. THE RETURNING OFFICER, KANASAVADI MULTI PURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD., KANASAVADI, DODDABALLAPURA, BENGALURU RURAL - 561203 …RESPONDENTS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE FOR C/R3 SRI. YOGESH D. NAIK, AGA FOR R1 AND R4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST CONSEQUENTIALLY, PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 27.02.2025 (ANNX-A) IN SO FAR AS THESE PETITIONERS ARE CONCERNED, GRANT AN INTERIM ORDER TO PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE BOARD OF R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 27.02.2025 (ANNX-A) IN SO FAR AS THE PETITIONER CONCERNED. 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 - 12 - NC: 2025:KHC:12438 WP No. 5523 of 2025 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 announcement of the results by counting even the votes cast by the petitioners. 1 W.P.No.8502/2022 dated 7.6.2022 - 13 - NC: 2025:KHC:12438 WP No. 5523 of 2025 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. 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. - 14 - NC: 2025:KHC:12438 WP No. 5523 of 2025 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.: 67