Writ Petition No. 6207 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13148 WP No. 6207 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. 6207 OF 2025 (CS-EL/M) BETWEEN: 1. H S SHWETHA, W/O Y.C.RAVIKUMAR, SHARE NO. 60/25, AGED ABOUT 33 YEARS. 2. GIRIJA, W/O S.PUTTEGOWDA, SHARE NO. 54/19, AGED ABOUT 40 YEARS. 3. R.RAJESHWARI, W/O Y.B. LOKESH, SHARE NO. 64/19, AGED ABOUT 32 YEARS. 4. K.M.SHARMILA, WO Y.B.PUTTASWAMY, SHARE NO. 67/19, AGED ABOUT 33 YEARS. 5. G.H. ANIL KUMAR, S/O B.HANUMEGOWDA, SHARE NO. 89/19, AGED ABOUT 36 YEARS. 6. 7. Y.B.SUNITHA, W/O SURESH, SHARE NO. 102/19, AGED ABOUT 30 YEARS. Y.C. POORNIMA, W/O SHANKAR, SHARE NO. 146/19, AGED ABOUT 36 YEARS. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13148 WP No. 6207 of 2025 8. S.C.NAGARATHNAMMA, W/O E.EREGOWDA, SHARE NO. 154/19, AGED ABOUT 48 YEARS. 9. S.MANJULA, W/O MADEGOWDA, SHARE NO. 173/19, AGED ABOUT 50 YEARS. 10. S.GANGAMMA, W/O Y.E.CHIKKEGOWDA, SHARE NO. 10/20, AGED ABOUT 38 YEARS. 11. RADHA, W/O SHANKAREGOWDA, SHARE NO. 13/20, AGED ABOUT 42 YEARS. 12. Y.E.ABHIJITH, S/O E. EREGOWDA, SHARE NO. 49/20, AGED ABOUT 33 YEARS. 13. C.NAGARATHNAMMA, W/O Y.C. BASAVARAJU, SHARE NO. 92/21, AGED ABOUT 50 YEARS. 14. KENCHEGOWDA, S/O D.SIDDEGOWDA, SHARE NO.174/22, AGED ABOUT 55 YEARS. 15. KEMPAMMA, W/O PROF.DASEGOWDA, SHARE NO.65/22, AGED ABOUT 62 YEARS. 16. Y.E.CHIKKEGOWDA, S/O EREGOWDA @ SATHUTTEGOWDA, SHARE NO.16/23, AGED ABOUT 50 YEARS. - 3 - NC: 2025:KHC:13148 WP No. 6207 of 2025 17. PUTTANANJAMMA, W/O SHIVALINGEGOWDA, SHARE NO.42/23, AGED ABOUT 55 YEARS. 18. Y.B.SHIVAKUMAR, S/O S.BASAVEGOWDA, SHARE NO.91/23, AGED ABOUT 48 YEARS. 19. GOWRAMMA, W/O SIDDEGOWDA, SHARE NO. 131/23, AGED ABOUT 65 YEARS. 20. PADMA, W/O K. RAJU, SHARE NO. 113/24, AGED ABOUT 54 YEARS. 21. HOMBAIAH @ DODDAKULLAIAH, S/O HOMABAIAH @ MOTTAIAH, SHARE NO. 156/24, AGED ABOUT 68 YEARS. 22. H.S. GEETHA, S/O Y.T.THIMMEGOWDA, SHARE NO.178/24, AGED ABOUT 40 YEARS. 23. Y.J.SHILPA, W/O Y.C.DORESWAMY, SHARE NO.45/25, AGED ABOUT 38 YEARS. 24. Y.C.SHIVAPRAKASH, S/O Y.H. GOPALAKRISHNA, SHARE NO.93/25, AGED ABOUT 38 YEARS. 25. M.K.SUDHA, W/O Y. H.GOPALAKRISHNA, SHARE NO.94/25, AGED ABOUT 55 YEARS. - 4 - NC: 2025:KHC:13148 WP No. 6207 of 2025 26. PADMA, W/O CHELUVARAJU, SHARE NO. 121/25, AGED ABOUT 42 YEARS. 27. PRAMEELAMMA, W/O BASAVEGOWDA, SHARE NO.80/23, AGED ABOUT 56 YEARS. 28. Y.S.SHANKAR, S/O SIDDEGOWDA, SHARE NO.69/21, AGED ABOUT 44 YEARS. 29. B.S. SAROJA, W/O Y. H. SHIVAPRAKASH, SHARE NO.157/25, AGED ABOUT 40 YEARS. 30. NAGARATHNA, W/O SHANKARANANDA, SHARE NO.177/19, AGED ABOUT 45 YEARS. 31. Y. SUNITHA, W/O Y.N. KRISHNA, SHARE NO.44/21, AGED ABOUT 36 YEARS. 32. SANNEGOWDA, S/O G. HANUMEGOWDA, SHARE NO.72/22, AGED ABOUT 66 YEARS. 33. Y.B.BOMMEGOWDA, W/O B.BASAVEGOWDA, SHARE NO.153/23, AGED ABOUT 52 YEARS. 34. Y.K.PUNITH KUMAR, S/O B. KEMPEGOWDA, SHARE NO.136/25, AGED ABOUT 45 YEARS. - 5 - NC: 2025:KHC:13148 WP No. 6207 of 2025 35. RATHNAMMA, W/O KEMPEGOWDA, SHARE NO.138/22, AGED ABOUT 53 YEARS. PETITIONER NO.1 TO 35 ARE R/AT YADAVANAHALLI POST, CHIKKAARASIKERE HOBLI, MADDURU TALUK, MANDYA DISTRICT-571 422. 36. SUMITHRA, W/O RAJU, SHARE NO. 71/19, AGED ABOUT 34 YEARS. 37. GOWRAMMA, W/O CHANNAIAH, SHARE NO. 140/20, AGED ABOUT 52 YEARS. 38. KRISHNAMMA, W/O SIDDAIAH, SHARE NO.50/22, AGED ABOUT 50 YEARS. 39. MAHADEVAMMA, W/O MARIGOWDA, SHARE NO.127/22, AGED ABOUT 52 YEARS. 40. G.N.SHEKHAR, S/O K. NANJUNDEGOWDA, SHARE NO.90/24, AGED ABOUT 40 YEARS. 41. MANJULA, W/O BHUMIGOWDA, SHARE NO. 104/24, AGED ABOUT 45 YEARS. 42. CHIKKADEVARAMMA, W/O J.M. NAGARAJU, SHARE NO.112/25, AGED ABOUT 35 YEARS. - 6 - NC: 2025:KHC:13148 WP No. 6207 of 2025 43. CHUNCHAIAH @ BOKALAIAH, S/O NARAVAIAH, SHARE NO. 128/21, AGED ABOUT 60 YEARS. PETITIONER NO. 36 TO 43 ARE R/AT: GOPANAHALLI VILLAGE, CHIKKAARASIKERE HOBLI, MADDURU TALUK, MANDYA DISTRICT-571 422. …PETITIONERS
Legal Reasoning
(BY SRI PRASHANTH M M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO.OPERATION, M.S.BUILDING, BENGALURU-560 001. 2. THE STATE CO. OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC, A-BLOCK, SHANTHINAGAR, K.H.ROAD, BENGALURU-560 027, BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO.OP.SOCIETIES/ DISTRICT ELECTION OFFICER, (ICDP) MANDY DISTRICT, MANDYA. 4. THE RETURNING OFFICER, THE YADAGANAHALLI VIVIDODFDESHA PRATHAMIKA GRAMAEENA KRUSHI, SAHAKARA SANGHA, NIYAMITHA, YADAGANAHALLI, MADDURU TALUK, MANDYA DISTRICT-571 428. 5. THE YADAGANAHALLI VIVIDODFDESHA, PRATHAMIKA GRAMAEENA KRUSHI, SAHAKARA SANGHA, NIYAMITHA, YADAGANAHALLI, MADDURU TALUK, MANDYA DISTRICT-571 428. REP. BY IT'S CHIEF EXECUTIVE OFFICER. (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3 & R-4 [MA NOT FILED]; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2 [VK NOT FILED]; SRI NAYEEM PASHA S FOR R-5) …RESPONDENTS - 7 - NC: 2025:KHC:13148 WP No. 6207 of 2025
Decision
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R-5 WHICH IS PRODUCED AT ANNEXURE-A TO WRIT PETITION BY ALLOWING THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 1. This Court by way of various interim orders had ORAL ORDER 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 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:13148 WP No. 6207 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. 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. 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 - 9 - NC: 2025:KHC:13148 WP No. 6207 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.: 2 Sl No.: 9