Writ Petition No. 6189 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12441 WP No. 6189 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. 6189 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. ANANTH D S/O. DODDAPAIAH SHETTY, AGED ABOUT 46 YEARS SHARE NO. 101/8 CHANDRASHEKAR.K.G S/O. GOVINDA SHETTY, AGED ABOUT 66 YEARS SHARE NO. 138/11 JAGADISH.K. S/O. KRISHNA SHETTY, K.C AGED ABOUT 68 YEARS SHARE NO. 179/11. GOWDE GOWDA, S/O. KALE GOWDA AGED ABOUT 69 YEARS SHARE NO. 30/12 SRINIVAS.K. S/O. KAMAKSHAYA, AGED ABOUT 40 YEAR SHARE NO. 40/12 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12441 WP No. 6189 of 2025 6. 7. 8. 9. SHYLAJA D/O. CHANDRAIAH, AGED ABOUT 65 YEARS SHARE NO. 113/12 NIRVANI GOWDA, S/O. KULLEGOWDA, AGED ABOUT 54 YEARS SHARE NO. 121/13. KHALEEL AHAMED, S/O. MUNEER AHAMED, AGED ABOUT 55 YEARS SHARE NO. 144/13 FAROOQ AHAMED S/O. MUMTAZ MOHAMMED, AGED ABOUT 57 YEARS SHARE NO. 159/13. 10. SADIQ BANU, W/O. FAROOQ AHMED, AGED ABOUT 50 YEARS SHARE NO. 160/13. 11. KAIRUNISSA W/O. MOHAMMED GHOUSE, AGED ABOUT 65 YEARS, SHARE NO. 161/13 12. ABDUL WAHAB, S/O. JAMAL SAB, AGED ABOUT 65 YEARS, SHARE NO. 173/13 - 3 - NC: 2025:KHC:12441 WP No. 6189 of 2025 13. ZAREEN BANU W/O. ABDUL WAHAB, AGED ABOUT 60 YEARS, SHARE NO. 174/13 14. ISRAR AHMED S/O ABDUL WAHAB AGED ABOUT 48 YEARS SHARE NO.175/13 . 15. SALMA BANU D/O. ABDUL WAHAB.M.A. AGED ABOUT 45 YEARS SHARE NO. 176/13 16. ALMAS BANU, W/O. NISAR AHMED AGED ABOUT 45 YEARS SHARE NO. 194/13 17. MOHAMMED SHAEED, S/O. NISAR AHMED, AGED ABOUT 42 YEARS SHARE NO. 195/13. 18. JULEKH TARAS, D/O. NISAR AHMED, AGED ABOUT 40 YEARS SHARE NO. 196/13. 19. MUNEER AHME S/O. NISAR AHMED, AGED ABOUT 36 YEARS SHARE NO. 2/14 - 4 - NC: 2025:KHC:12441 WP No. 6189 of 2025 20. MUJASER PASHA, S/O. FAROOQ PASHA, AGED ABOUT 55 YEARS SHARE NO.10/14 21. NAVEED, S/O. ABDUL RASHEED, AGED ABOUT 56 YEARS SHARE NO. 31/14 22. SARFARAZ ALAM S/O. KHALAK PASHA, AGED ABOUT 42 YEARS SHARE NO. 47/14, 23. HUMAYUN PASHA, S/O. MOHAMMED ISMAILE, AGED ABOUT 55 YEARS SHARE NO. 55/14 . 24. SHAMSAD BANU, W/O. ZAKIR HUSSAIN.D. AGED ABOUT 56 YEARS SHARE NO. 59/14. 25. SAMEENAJ BANU, W/O. ASIF ULLA, AGED ABOUT 42 YEARS SHARE NO. 70/14 . 26. NAZEERA BANU, W/O. AKRAM PASHA AGED ABOUT 36 YEARS SHARE NO. 90/14 . - 5 - NC: 2025:KHC:12441 WP No. 6189 of 2025 27. IRFAN PASHA, S/O. ILIYAZ PASHA, AGED ABOUT 37 YEARS SHARE NO.103/14 . 28. AKBAR S/O. AMEER KHAN SAB, AGED ABOUT 55 YEARS SHARE NO. 114/14 . 29. SHOUKAT AHMED SHOUKAT AHMED S/O. AMEER KHAN SAB AGED ABOUT 60 YEARS SHARE NO. 115/14 . 30. MUSHARATH JAHAN W/O. ABDUL BASHEER, AGED ABOUT 38 YEARS SHARE NO. 117/14 . 31. HANEEF, S/O. ABU BAKKER.K. AGED ABOUT 52 YEARS SHARE NO.119/14 . 32. LATEEF.V.A. S/O. ABU BAKKER AGED ABOUT 48 YEARS SHARE NO.120/14 . 33. SUSHEELAMMA, W/O. ABU BAKKER AGED ABOUT 68 YEARS SHARE NO. 122/14 . - 6 - NC: 2025:KHC:12441 WP No. 6189 of 2025 34. SYED AZGAR S/O. SYED IBRAHIM, AGED ABOUT 72 YEARS SHARE NO. 123/14 . 35. TOUSIFA BANU, W/O. AKRAM PASHA, AGED ABOUT 40 YEARS SHARE NO. 134/14 . 36. DAKSHINACHAR.K.V. S/O. VENKATACHAR.K. AGED ABOUT 66 YEARS SHARE NO. 4/15B . 37. SATHYANARAYANA.U.T S/O. THAMMANNA SHETTY, AGED ABOUT 41 YEARS SHARE NO. 5/15 . 38. DILSA BANU, W/O. RIZWAN MUKHTAR, AGED ABOUT 55 YEA SHARE NO. 58/15 . 39. AMRUTHESHWARAKUMAR, S/O. CHANDRASHEKARAIAH B.M. AGED ABOUT 38 YEARS SHARE NO. 64/15. . 40. ISMAIL WASIM K.G. S/O. MOHAMMED GANI, AGED ABOUT 53 YEARS, SHARE NO. 188/15 . - 7 - NC: 2025:KHC:12441 WP No. 6189 of 2025 41. HAZIRA BANU, W/O. NADEEM, AGED ABOUT 40 YEARS SHARE NO. 9/17 . 42. SHABAZ. S/O. RAKEEB AHMED, AGED ABOUT 36 YEARS SHARE NO. 7/16 . 43. TASINA BANU, W/O. BABU. B. AGED ABOUT 50 YEAR SHARE NO. 9/16 . 44. RASHEEDA BANU, W/O. HYDERALI KHAN AGED ABOUT 48 YEAR SHARE NO. 13/16 . 45. NAWAB KHAN.B. S/O. BASHEER AHMED, AGED ABOUT 45 YEARS SHARE NO. 14/16 . 46. SAJEEDA BANU, W/O. FAROOQ PASHA, AGED ABOUT 55 YEARS SHARE NO. 23/16 . 47. AKMAL S/O. ABDUL RAHIM, AGED ABOUT 42 YEARS SHARE NO. 24/16 . - 8 - NC: 2025:KHC:12441 WP No. 6189 of 2025 48. BASHA, S/O. HUSSAIN SAB, AGED ABOUT 52 YEARS SHARE NO. 28/16 . 49. FARHANA, W/O. SALEEM PASHA, AGED ABOUT 48 YEARS SHARE NO. 31/16 . 50. TABREEZ K.S S/O. WAZEER AHMED, AGED ABOUT 45 YEARS SHARE NO. 50/16 . 51. MANSOOR AHMED, S/O. WAZEER AHMED AGED ABOUT 58 YEARS SHARE NO. 52/16 . 52. JAREEN TAJ, W/O. BASHEER AHMED, AGED ABOUT 56 YEARS SHARE NO. 61/16 . 53. ABDUL KHAN, S/O. DAWOOD KHAN, AGED ABOUT 70 YEARS SHARE NO. 64/16 . 54. ZUBEDA BEGUM, ZUBEDA BEGUM AGED ABOUT 65 YEARS SHARE NO. 65/16 . - 9 - NC: 2025:KHC:12441 WP No. 6189 of 2025 55. NUSRATH BANU, W/O. ILIYAZ PASHA, AGED ABOUT 52 YEARS SHARE NO. 68/16 . 56. MUJEEB-UR-REHMAN. S/O. ILIYAZ PASH AGED ABOUT 35 YEARS SHARE NO. 69/16 . 57. RIZWANA PASHA, D/O. ILIYAZ PASHA, AGED ABOUT 34 YEARS SHARE NO. 70/16 . 58. JAVEED PASHA, S/O. BABJAN SAB, AGED ABOUT 40 YEARS SHARE NO. 84/16 . 59. ANWAR PASHA, S/O. BABJAN SAB, AGED ABOUT 47 YEAR SHARE NO. 85/16 . 60. AKBAR PASHA, S/O. BABJAN SAB, AGED ABOUT 55 YEARS SHARE NO. 87/16 . 61. ABBU S/O. BABJAN SAB AGED ABOUT 53 YEARS SHARE NO. 88/16 . - 10 - NC: 2025:KHC:12441 WP No. 6189 of 2025 62. BASEERA BANU, D/O. BABJAN SAB, AGED ABOUT 45 YEARS SHARE NO. 89/16 . 63. AMEERA BANU, D/O. BABJAN SAB, SHARE NO. 90/16 . 64. MUNTAKIN PASHA S/O. SIRAJ PASHA AGED ABOUT 50 YEARS SHARE NO. 93/16 . 65. BASHEER PASHA, S/O. SIRAJ PASHA AGED ABOUT 46 YEARS SHARE NO. 94/16 . 66. FAMIDA W/O. SHOUKAT PASHA, AGED ABOUT 56 YEARS SHARE NO. 118/16 . 67. MUMTAZ W/O. KHALEEL AHMED, AGED ABOUT 65 YEAR SHARE NO. 131/16 . 68. SALMA, W/O. MUJAMIL AHMED, AGED ABOUT 40 YEAR SHARE NO. 133/16 . 69. YASMEEN TAJ, W/O. NISAR AHMED, - 11 - NC: 2025:KHC:12441 WP No. 6189 of 2025 AGED ABOUT 48 YEARS SHARE NO. 135/16 . 70. FATHIMA.B. W/O SYED HUSSAIN AGED ABOUT 65 YEAR SHARE NO. 137/16 . 71. SAMEENA BANU, W/O. REHMAN HUSSAIN, AGED ABOUT 37 YEARS SHARE NO. 139/16 . 72. AJMAL KHAN, S/O. ABDUL REHIM KHAN, AGED ABOUT 45 YEARS SHARE NO. 179/16 . 73. MUBEENA, W/O. AJMAL KHAN, AGED ABOUT 40 YEARS SHARE NO. 180/16 . 74. MAHTAB ZAKIR S/O. HAFIZ KHAN AGED ABOUT 65 YEARS SHARE NO. 185/16 . 75. IMRAN K.M. S/O. MOHAMMED MASTAN, AGED ABOUT 56 YEARS SHARE NO. 12/17 . 76. JULEKA B. W/O. USMAN SAB, AGED ABOUT 70 YEARS - 12 - NC: 2025:KHC:12441 WP No. 6189 of 2025 SHARE NO. 17/17 . 77. SHAHEENA W/O. RAFI AGED ABOUT 40 YEARS SHARE NO. 21/17 . 78. ISMAIL WASIM K.J. S/O. MOHAMMED GANI, AGED ABOUT 55 YEARS SHARE NO. 24/17 . 79. SHAISTA SULTANA, W/O. ISMAIL WASIM K.J AGED ABOUT 52 YEARS SHARE NO. 25/17 . 80. MOHAMMED GANI, S/O. MOHAMMED GHOUSE, AGED ABOUT 80 YEARS SHARE NO. 26/17 . 81. AFSAR AHMED, S/O. MOHAMMED KHAN, AGED ABOUT 52 YEARS SHARE NO. 29/17. 82. PARVIN TAJ, W/O. AFSAR AHMED AGED ABOUT 48 YEARS SHARE NO. 30/17. 83. NAZNI BEGUM W/O. NISAR AHMED, AGED ABOUT 65 YEARS SHARE NO. 32/17 . - 13 - NC: 2025:KHC:12441 WP No. 6189 of 2025 84. MUMTAZ, W/O. AKRAM PASHA, AGED ABOUT 50 YEARS SHARE NO. 35/17 . 85. DILSHAD. S/O. RIZWAN MUKHTAR, AGED ABOUT 55 YEARS SHARE NO. 36/17 . 86. MOYUDIN KHAN, S/O. ZAHEER KHAN AGED ABOUT 65 YEARS SHARE NO. 39/17 . 87. HASEENA BANU, W/O. MOYUDIN KHAN, AGED ABOUT 60 YEAR SHARE NO. 40/17 . 88. ARIFA KHAN, W/O. ASGAR KHAN AGED ABOUT 40 YEAR SHARE NO. 122/14 . 89. IRFAN PASHA,. S/O. ILIYAZ PASHA, AGED ABOUT 37 YEARS SHARE NO. 51/17 . 90. YASIN TAJ, W/O. IRFAN PASHA, AGED ABOUT 36 YEARS SHARE NO. 52/17 . - 14 - NC: 2025:KHC:12441 WP No. 6189 of 2025 91. SYED RAFIQ, S/O. SYED AHMED AGED ABOUT 45 YEARS SHARE NO. 59/17 . 92. MARIYA BANU, W/O. SYED NAUSHAD AGED ABOUT 32 YEARS SHARE NO. 62/17 . 93. NOOR JAHAN, W/O. INNAYATH ULLA KHAN, AGED ABOUT 60 YEARS SHARE NO. 65/17 . 94. ASADULLA KHAN, S/O. INNAYATH ULLA KHAN, AGED ABOUT 36 YEARS SHARE NO. 68/17 . 95. AZEEM KHAN S/O. ASIF KHAN, AGED ABOUT 37 YEARS SHARE NO. 75/17 . 96. SIDDIQ KHAN S/O. ASIF KHAN, AGED ABOUT 33 YEAR SHARE NO. 77/17 . 97. SHABISTHA KHAN D/O. ASIF KHAN, AGED ABOUT 35 YEARS SHARE NO. 78/17 . - 15 - NC: 2025:KHC:12441 WP No. 6189 of 2025 98. ZAFAR ULLA KHAN, S/O. MAKBOOL AHMED AGED ABOUT 55 YEARS SHARE NO. 87A/17 . 99. RESHMA ROSHAN, W/O. ZAFFAR ULLA KHAN AGED ABOUT 52 YEARS SHARE NO. 87B-17 . 100. SAMIULLA KHAN, S/O. MAKBOOL ALI KHAN AGED ABOUT 53 YEARS SHARE NO. 87/17 . 101. SHABISTHA IRAM W/O. SAMI ULLA KHAN, AGED ABOUT 43 YEARS SHARE NO. 88A/17 . 102. MOHAMMED IDRIS, S/O. MOHAMMED GHOUSE, AGED ABOUT 43 YEARS SHARE NO. 97/17 . 103. VIJAYKUMAR, S/O. KODI GOWDA, AGED ABOUT 38 YEARS SHARE NO. 140/17 . 104. RANGASWAMY S/O. MASIIAHA AGED ABOUT 37 YEARS SHARE NO. 33/17 . - 16 - NC: 2025:KHC:12441 WP No. 6189 of 2025 105. SHANTHALAKSHMI. W/O. SHANKAR AGED ABOUT 39 YEARS SHARE NO. 2/18 . 106. NAGESH K.M. S/O. MUTHU SHETTY K.R AGED ABOUT 69 YEARS SHARE NO. 15/18 . 107. RANGAMANI C.R W/O. NAGESH,. K.M. AGED ABOUT 59 YEARS SHARE NO. 16/18 . 108. UMASHANKAR K.S S/O. SATHYANARAYANA SHETTY K.V AGED ABOUT 36 YEARS SHARE NO. 19/18 . 109. CHINNASWAMY, S/O. RANGAIAH AGED ABOUT 43 YEARS SHARE NO. 60/18 . 110. MANIKANTHA S/O. CHAMUNDAIAH, AGED ABOUT 35 YEARS SHARE NO. 62/18 . 111. INDRA, S/O GURUNATH AGED ABOUT 52 YEARS SHARE NO. 63/18 . - 17 - NC: 2025:KHC:12441 WP No. 6189 of 2025 112. ANNAPPA S/O. MUTHU, AGED ABOUT 35 YEARS SHARE NO. 68/18 . 113. GOPAL S/O. CHIKKA MADU AGED ABOUT 32 YEARS SHARE NO. 66/18 . 114. BABU S/O. NANJA.A. AGED ABOUT 33 YEARS SHARE NO. 67/18 . 115. MURUGESH, S/O. BALAIAH, AGED ABOUT 42 YEARS SHARE NO. 69/18 . 116. SUBBAMMA, W/O. KRISHNA AGED ABOUT 36 YEARS SHARE NO. 71/18 . 117. PRAKASH K.L. S/O. LAKSHMAN GOWDA, AGED ABOUT 39 YEARS SHARE NO. 97/18 . 118. LAKSHMI W/O. CHAYA PATHI AGED ABOUT 62 YEARS SHARE NO. 106/18 . - 18 - NC: 2025:KHC:12441 WP No. 6189 of 2025 119. KANAKADASA.K R S/O. RAJAMANI, AGED ABOUT 42 YEARS SHARE NO. 186/18 . 120. ANAND.D. S/O. DASA BOVI, AGED ABOUT 38 YEARS SHARE NO. 24/19 . 121. RANAMMA, W/O. NANJUNDA SHETTY, AGED ABOUT 64 YEARS SHARE NO. 139/20 . 122. VASANTHAMMA, W/O. KANTHARAJU, AGED ABOUT 55 YEARS SHARE NO. 141/20 . 123. CHIDANANDA SWAMY, S/O. GOVINDARAJU AGED ABOUT 48 YEAR SHARE NO. 144/20 . 124. MEENAKSHI.B.D W/O RAJASHEKAR, AGED ABOUT 46 YEARS SHARE NO. 199/20 . 125. TAHIRA BANU, W/O. AKRAM AGED ABOUT 40 YEARS SHARE NO. 9/21 . - 19 - NC: 2025:KHC:12441 WP No. 6189 of 2025 126. GURUMURTHY, S/O. CHANDRE GOWDA, AGED ABOUT 48 YEARS SHARE NO. 17/21 .
Legal Reasoning
127. SRINIVAS, S/O. NAGESH, AGED ABOUT 36 YEARS SHARE NO. 19/21 . 128. SUKANYA, W/O. SHIVANAND AGED ABOUT 52 YEARS SHARE NO. 25/21 . 129. SURESH K.N. S/O. NARASE GOWDA, AGED ABOUT 48 YEARS SHARE NO. 28/21 . 130. UMA W/O. BASAVARAJU, AGED ABOUT 45 YEARS SHARE NO. 75/21 . 131. RATHNAMMA, W/O. VENKATESH AGED ABOUT 65 YEARS SHARE NO. 77/21 . 132. AISHWARYA K.V D/O. UDESH K.J. AGED ABOUT 24 YEARS SHARE NO. 86/21 . - 20 - NC: 2025:KHC:12441 WP No. 6189 of 2025 133. JAYALAKSHMI W/O. LOKESH RAO, AGED ABOUT 48 YEARS SHARE NO. 99/21 . 134. RAGHAVENDRA, S/O. NAGENDRA RAO, AGED ABOUT 43 YEARS SHARE NO. 99A/21 . 135. VENKATRAM, S/O. NARAYANAIAH, AGED ABOUT 60 YEARS SHARE NO. 34/22 . 136. RENUKAMMA, W/O. LAKSHMAN SHETTY, AGED ABOUT 53 YEARS SHARE NO. 28/22 . 137. PUTTARAJU, S/O. RUDREGOWDA, AGED ABOUT 64 YEARS SHARE NO. 146/22 . 138. MANJU S/O. THIMMA BHOVI AGED ABOUT 34 YEARS SHARE NO. 1/23. 139. SUNITHA.B.R W/O. NANJUNDA SWAMY.K.S. AGED ABOUT 42 YEARS SHARE NO. 160/26 . - 21 - NC: 2025:KHC:12441 WP No. 6189 of 2025 140. JAYANTH K.S. S/O. SOMASHEKAR.E AGED ABOUT 29 YEARS SHARE NO. 144/24 . 141. KANTHARAJU.K.N. S/O. NANJUNDA SHETTY, AGED ABOUT 43 YEARS SHARE NO. 3/27 . 142. VINAYA PRASAD K.S S/O. SRINIVAS K.B AGED ABOUT 25 YEARS SHARE NO. 9/27 . 143. RAVI KUMAR A.V S/O. VENKATESH RAO AGED ABOUT 27 YEAR SHARE NO. 12/27 . 144. ANAND A.V S/O. VENKATESH RAO AGED ABOUT 29 YEARS SHARE NO. 13/27 . 145. MANJULA, W/O. DHARMOJI RAO AGED ABOUT 27 YEARS SHARE NO. 17/27 . 146. CHETAN KUMAR, S/O. VENKATESH RAO AGED ABOUT 25 YEARS SHARE NO. 19/27 . - 22 - NC: 2025:KHC:12441 WP No. 6189 of 2025 147. MANIKANTA S/O. NARAYAN RAO AGED ABOUT 26 YEARS SHARE NO. 20/27 . 148. RAMU S/O. NARAYAN RAO AGED ABOUT 32 YEARS SHARE NO. 21/27 . 149. GURURAJ, S/O. MURALI RAO, AGED ABOUT 28 YEARS SHARE NO. 22/27 . 150. SONIYA W/O. GURURAJ, AGED ABOUT 26 YEARS SHARE NO. 23/27 . 151. KEERTHI RAJ S/O. MANJUNATH RAO, AGED ABOUT 30 YEARS SHARE NO. 24/27 . 152. CHANDAN, S/O. MANJUNATH RAO, AGED ABOUT 26 YEARSS SHARE NO. 25/27 . 153. AISHWARYA W/O. KEERTHI RAJ AGED ABOUT 26 YEARS SHARE NO. 26/27 . - 23 - NC: 2025:KHC:12441 WP No. 6189 of 2025 154. PADMA RAJ S/O. BABU RAO AGED ABOUT 32 YEARS SHARE NO. 27/27 . 155. MAHALAKSHMI W/O. PADMARAJ, AGED ABOUT 29 YEARS SHARE NO. 28/27 . 156. LATHA, W/O. JANARDHAN, AGED ABOUT 41 YEARS SHARE NO. 29/27 . 157. LATHA, W/O. MANJUNATH RAO AGED ABOUT 46 YEARS SHARE NO. 30/27 ALL ARE THE MEMBER OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LIMITED, KONANUR, ARKALAGUD TALUK, HASSAN DISTRICT-573130. (BY SRI. SANCHAN JAI NANDAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, DR.B.R.AMBEDKAR VIDHI, BANGALORE - 560 001. REPTD., BY ITS PRINCIPAL SECRETARY. …PETITIONERS - 24 - NC: 2025:KHC:12441 WP No. 6189 of 2025 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHINAGAR, BANGALORE-560 027. REPTD, BY ITS SECRETARY. 3. DEPUTY REGISTRAR/DISTRICT ELECTION OFFICER, HOSA LINE ROAD, NEAR BASAVEHWARA KALYANA MANTAP, HASSAN HO., HASSAN-573201. 4. ASSISTNT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAKALESHPURA SUB-DIVISON, SAKALESHPURA, HASSAN DISTRICT-573134. 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LIMITED, KONANUR, ARAKALAGUD TALUK, HASSAN DISTRICT - 573 130, BY ITS CHIE EXECUTIVE OFFICER, SOCIETY REGISTERED UNDER THE KARANATAKA CO OPERATIVE SOCIETIES ACT 1959. 6. RETURNING OFFICER, MEMBER OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE, SOCIETY LIMITED, KONANUR, ARKALAGUD TALUK, HASSAN DISTRICT-573130. (SOCIETY REGISTERED UNDER THE KARNTAKA CO-OPERATIVE SOCIETIES ACT 1959) (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 AND R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SOMASHEKARA K.M, ADVOCATE FOR R5) …RESPONDENTS - 25 - NC: 2025:KHC:12441 WP No. 6189 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE IN THE ELECTIONS TO THE PETITIONERS TO VOTE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 04- 03-2025 IN THE INTEREST OF JUSTICE AND EQUITY 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 26 - NC: 2025:KHC:12441 WP No. 6189 of 2025 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. 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 - 27 - NC: 2025:KHC:12441 WP No. 6189 of 2025 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. 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.: 71