Writ Petition No. 7306 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16161 WP No. 7306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7306 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. MARIGOWDA 5/O KENCHEGOWDA AGED ABOUT 45 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK DIST 2. SRI.C.KALEGOWDA S/O DODDANATHEGOWDA AGED ABOUT 65 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 3. SRI.CHANNALAH @ KAPARALAH S/O DODDA GENDEGOWDA AGED ABOUT 50 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 4. SRI.KENCHAIAH S/O JAVARAIAH AGED ABOUT 65 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 5. SRI.CHANNEGOWDA S /O PEER CHANNEGOWDA AGED ABOUT 68 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 6. SMT.SHARADAMMA W/O M.SHIVARAMU AGED ABOUT 50 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, - 2 - NC: 2025:KHC:16161 WP No. 7306 of 2025 KERAGODU HOBLI, MANDYA TALUK ANDDIST 7. SRI.M.C.KEMPEGOWDA S/O CHANNEGOWDA @ KAPARAIAH AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 8. SRI.B.RAMALINGAIAH S/O BOLEGOWDA AGED ABOUT 50 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST
Legal Reasoning
9. SRI.K.T.SRINIVASMURTHY S/O THIRUVENKATAPPA AGED ABOUT 65 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 10. SMT.CHIKKATHAYAMMA W/O H.MUDDALINGALAH AGED ABOUT 60 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 11. SRI.K.S.THYAGARAJU S/O SHANKAREGOWDA AGED ABOUT 68 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 12. SRI.K.S.DIVAKAR S/O SHANKAREGOWDA AGED ABOUT 60 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 13. SMT.NINGAMMA ALIS SANNAMMA W/O KEMPEGOWDA AGED ABOUT 55 YEARS R/AT.SHIVARA VILLAGE, - 3 - NC: 2025:KHC:16161 WP No. 7306 of 2025 KERAGODU HOBLI, MANDYA TALUK & DIST 14. SRI.CHIKKATHAYAMMA W/O HOMBHALEGOWDA AGED ABOUT 50 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 15. SRI.CHALUVAIAH S/O BETTANNA KARIGOWDA AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 16. SMT.SOWBHAGYAMMA W/O M.RAJU AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 17. SRI.M.G.RAJU S/O GOPEGOWDA AGED ABOUT 40 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 18. SMT.NAGARATHNAMMA W/O GODAMADNA PANCHALINGEGOWDA AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 19. SMT.JANABHAYI W/O NANJUNDARAO AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 20. SRI.S.D.RAMESH 5/O DYAVAIAH AGED ABOUT 55 YEARS R/AT.SHIVARA VILLAGE, - 4 - NC: 2025:KHC:16161 WP No. 7306 of 2025 KERAGODU HOBLI, MANDYA TALUK & DIST 21. SRI.M.ANANTHA S/O H.MUDDALAH AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 22. SRI.M.SHANKAREGOWDA S/O GOPEGOWDA @ PITTAPPA AGED ABOUT 68 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 23. SMT. THAYAMMA W/O S.M.JAYADEV AGED ABOUT 55 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 24. SMT.LAKSHMAMMA W/O S.N. RAMALINGAIAH AGED ABOUT 60 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 25. SRI.M.R.SANJAY KUMAR S/O M.RAMANNA AGED ABOUT 65 YEARS R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 26. SRI.S. MAHESH S/O SHIVALINGALAH AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 27. 5MT.M.S.YOGAMANI W/O M.SHIVARAMU AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE KERAGODU HOBLI, MANDYA TALUK & DIST - 5 - NC: 2025:KHC:16161 WP No. 7306 of 2025 28. SMT.M.C.THAYAMMA W/O M.K.JAYARAMU AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 29. SRI.M.C.RAJU S/O CHIKKAMUDDEGOWDA AGED ABOUT 40 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 30. SRI.S. YOGISH S/O SIDDALINGU AGED ABOUT 68 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 31. SMT.LALITHAMMA W/O M.SHANKARLINGAIAH AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 32. SMT. VIJAYALAKSHMAMMA W/O B.RAMALINGAIAH AGED ABOUT 62 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 33. SRI.M.K.RAJU S/O KARIGOWDA AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 34. SRI.M.C.SRINIVAS S/O CHIKKARIGOWDA AGED ABOUT 52 YEARS R/AT.MARAGOWDANAHALLI VILLAGE. KERAGODU HOBLI, MANDYA TALUK & DIST 35. SRI.M.K.RAJU S/O KADEGOWDA - 6 - NC: 2025:KHC:16161 WP No. 7306 of 2025 AGED ABOUT 54 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 36. SRI.M.C.UMESH S/O C.CHANNEGOWDA AGED ABOUT 58 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 37. SRI.M.S.SATHISH S/O SIDDEGOWDA AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 38. SRI.M.G.CHANDRASHEKAR S/O MUDEGOPAIAH AGED ABOUT 65 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 39. SRI.SHIVALINGAIAH S/O YAII MUDDEGOWDA AGED ABOUT 36 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 40. SMT.M.S.JYOTHI W/O M.SHIVARAMU AGED ABOUT 38 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 41. SRI.M.K.MAHESH S/O T.KRISHNEGOWDA AGED ABOUT 48 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 42. SMT. DUNDAMMA W/O M.RAMANNA AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HABILI, MANDYA TALUK & DIST - 7 - NC: 2025:KHC:16161 WP No. 7306 of 2025 43. SMT.M.S.MANJULA D/O M. SHIVARAMU AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 44. SMT.M.S.ROOPASHREE D/O M.SHIVARAMU AGED ABOUT 60 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 45. SMT.M.P.PUSHPA W/O M.C.CHANNEGOWDA AGED ABOUT 58 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 46. SRI.S.C.PRAKASH S/O CHIKKAIDEGOWDA AGED ABOUT 48 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 47. SMT.RATHNAMMA W/O K.RAJANNA AGED ABOUT 48 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 48. SRI.S.M.DEVARAJU S/O MARALINGAIAH AGED ABOUT 58 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 49. SRI.S.M.JAYADEV S/O MARALINGEGOWDA AGED ABOUT 65 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 50. SRI.S.LOKESH S/O M.SHANKAREGOWDA AGED ABOUT 55 YEARS - 8 - NC: 2025:KHC:16161 WP No. 7306 of 2025 R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 51. SRI.M.R.NAGARAJU S/O RAMEGOWDA AGED ABOUT 53 YEARS R/AT. MARAGOWDANAHALLI VILLAGE. KERAGODU HOBLI, MANDYA TALUK & DIST 52. SMT.LAKSHMAMMA W/O SHIVALINGAIAH AGED ABOUT 58 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 53. SMT.PRABHAVATH W/O M.C.SHIVANNAGOWDA AGED ABOUT 52 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 54. SRI.SHIVANNA S/O KILARA BHADREGOWDA AGED ABOUT 55 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 55. SMT. PUSHPA W/O NARAYAN AGED ABOUT 48 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 56. SRI.M.R.KRISHNA S/O RAMEGOWDA AGED ABOUT 68 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 57. SRI.M.S.NAVEEN S/O SHIVARAMU AGED ABOUT 58 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, - 9 - NC: 2025:KHC:16161 WP No. 7306 of 2025 KERAGODU HOBLI, MANDYA TALUK & DIST 58. SRI.SHIVAPPA S/O KARIGOWDA AGED ABOUT 62 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 59. .SRI.M.RAMALINGEGOWDA @ NISARGA S/O M.GOPEGOWDA AGED ABOUT 58 YEARS R/ST.MARAGOWDANAHALLI VILLAGE, KERAGODU HABLI, MANDYA TALUK & DIST 60. S.M.P.RAJEEVA S/O M. PUTTASWAMY AGED ABOUT 48 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 61. SRI.S.N.SRINIVASU 5/O NINGEGOWDA AGED ABOUT 60 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 62. SRI.SATHISH S/O M.GOPALAH AGED ABOUT 57 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 63. SRI.M.S.PRABHAKAR S/O SHANKAREGOWDA AGED ABOUT 58 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 64. SRI.M.S.SHIVAKUMAR S/O SHANKAREGOWDA AGED ABOUT 38 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST - 10 - NC: 2025:KHC:16161 WP No. 7306 of 2025 65. SMT.M.P.SHILPA W/O M.S.RAMAKRISHNA AGED ABOUT 43 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 66. SMT.HEMAVATHI W/O M.S.MANJUNATH AGED ABOUT 54 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 67. SRI.M.C.CHANDRAPPA S/O CHIKKARIGOWDA AGED ABOUT 58 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 68. SRI.MAHALINGALAH S/O CHIKKARIGOWDA AGED ABOUT 52 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 69. SMT. THANUJA W/O RAMACHARI AGED ABOUT 60 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 70. SMT.SHANTHAMMA W/O SHANKAREGOWDA AGED ABOUT 58 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 71. SMT.GOWRAMMA W/O NATHEGOWDA AGED ABOUT 49 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBIL, MANDYA TALUK & DIST - 11 - NC: 2025:KHC:16161 WP No. 7306 of 2025 72. SMT.BHAGYAMMA W/O PUTTAMADAIAH AGED ABOUT 47 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 73. SRI.THAMMANNA S/O ANKEGOWDA AGED ABOUT 46 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 74. SMT.PUTTACHANNAMMA W/O KRISHNEGOWDA AGED ABOUT 45 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 75. SRI.RAVI S/O ASHWATH AGED ABOUT 43 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 76. .SMT.SUNANDAMMA W/O M.C.RAJU AGED ABOUT 52 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBIL, MANDYA TALUK & DIST 77. SMT.SUNANDAMMA W/O SRINIVASU AGED ABOUT 54 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 78. SRI.S.SRIKANTH S/O SRINIVASU AGED ABOUT 48 YEARS - 12 - NC: 2025:KHC:16161 WP No. 7306 of 2025 R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 79. SMT.POORNIMA W/O RAMESH AGED ABOUT 37 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 80. SRI.PUTTASWAMY S/O MADASHETTY AGED ABOUT 45 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 81. SRI.M.G.VARADARAJU S/O GURUMURTHACHARI AGED ABOUT 60 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 82. SMT.SAVITHA W/O SIDDALINGAIAH AGED ABOUT 48 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 83. SRI.M.K.MAHESH S/O KRISHNEGOWDA AGED ABOUT 50 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 84. SRI.M.M.SANTHOSH S/O MARIGWDA AGED ABOUT 45 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 85. SMT.CHANNAMMA W/O GANGANNA AGED ABOUT 48 YEARS R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST - 13 - NC: 2025:KHC:16161 WP No. 7306 of 2025 86. SRI.SRIDHAR S/O SRINIVASU AGED ABOUT 45 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 87. SRI.S.N.SURESH S/O NINGEGOWDA AGED ABOUT 40 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 88. SMT.MANGALAMMA W/O SHIVARAJU AGED ABOUT 51 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 89. SRI.S.PRATHAP S/O SHANKAREGOWDA AGED ABOUT 37 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 90. SRI.SHIVALINGAIAH S/O GADDELINGEGOWDA AGED ABOUT 42 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 91. SRI.M.S.RAVI S/O SHIVALINGAIAH AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 92. SRI.M.C.ANAND S/O LINGANNA AGED ABOUT 41 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST - 14 - NC: 2025:KHC:16161 WP No. 7306 of 2025 93. SMT. HEMAVATHI W/O B.KARIGOWDA AGED ABOUT 48 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 94. SMT.S.K.HARISH KUMAR S/O B.KARIGOWDA AGED ABOUT 48 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 95. SMT.SUJATHA W/O DODDAPUTTA AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 96. SRI.M.D.NAVEEN GOWDA 5/O DODDAPUTTA AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST 97. .SRI.M.S.AVIKUMA R S/O SHANKAREGOWDA AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DIST (BY SRI. PUTTARAJU H B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU-560 001. REP BY ITS PRINCIPAL SECRETARY. …PETITIONERS 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027 - 15 - NC: 2025:KHC:16161 WP No. 7306 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA TALUK, MANDYA DISTRICT-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE RETURNING OFFICER MARAGOWDANAHALLI PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, KERAGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 446. 6. THE MARAGOWDANAHALLI PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, KERAGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 446. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3 TO R5 SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. HARSHA D., ADVOCATE FOR R6) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST I.E. ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE R-6 BANK/SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 16.03.2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 16 - NC: 2025:KHC:16161 WP No. 7306 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 - 17 - NC: 2025:KHC:16161 WP No. 7306 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 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 - 18 - NC: 2025:KHC:16161 WP No. 7306 of 2025 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 timeframe prescribed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 0