Writ Petition No. 7305 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16160 WP No. 7305 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. 7305 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. KEMPAMMA W/O A.K.BORAIAH AGED ABOUT 45 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 2. SMT.MARALINGAMMA W/O SHANKRAIAH AGED ABOUT 65 YEARS 3. SMT.CHIKKOLAMMA W/O SIDDLU MADALAH AGED ABOUT 50 YEARS 4. SMT.GIRIYAMMA W/O VENKATASHETTY AGED ABOUT 65 YEARS 5. SMT.PUTTAMMA W/O LINGEGOWDA AGED ABOUT 68 YEARS 6. SMT. CHIKKOLAMMA W/O CHANNAIAH (LALA) AGED ABOUT 50 YEARS 7. SRI.NAGESH S/O GONI MANCHEGOWDA AGED ABOUT 55 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 1 TO 7 ARE R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. - 2 - NC: 2025:KHC:16160 WP No. 7305 of 2025
Legal Reasoning
8. SRI.GANGADHAR S/O KARIGOWDA AGED ABOUT 50 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 9. SRI.H.P.YATHEESH KUMAR S/O D.PUTTASWAMY AGED ABOUT 65 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 10. SMT.SHANTHAMMA W/O SHIVARAMU AGED ABOUT 60 YEARS. R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 11. SMT.SUSHEELAMMA W/O M.H.GANGADHAR AGED ABOUT 68 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 12. SMT.GOWRAMMA W/O ALEMANE KEMPAIAH AGED ABOUT 60 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 13. SMT.BHAGYAMMA W/O KENCHEGOWDA AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 14. SRI.S.M.PUTTARAJU S/O MARIGOWDA AGED ABOUT 50 YEARS R/AT.SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST - 3 - NC: 2025:KHC:16160 WP No. 7305 of 2025 15. SRI.MANI S/O MUTTAIAH AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 16. SMT. PADMAMMA W/O CHIKKANNA AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 17. SRI.KUMARA S/O GANGAIAH AGED ABOUT 40 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 18. SMT. SUSHEELAMMA W/O SANNALINGEGOWDA AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 19. SMT. SARASAMMA W/O MANI AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 20. SMT.JAYARATHNAMMA W/O PANCHALINGALAH AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 21. SRI.M.C.NAGARAJU S/O CHIKKAKARIGOWDA AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 22. SRI.KALEGOWDA S/O CHIKKANATHEGOWDA AGED ABOUT 68 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST - 4 - NC: 2025:KHC:16160 WP No. 7305 of 2025 23. SRI.CHIKKEMPAIAH S/O CHIKKANATHEGOWDA AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 24. SMT. PREMA W/O KENCHEGOWDA AGED ABOUT 60 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 25. SMT. YASHODA W/O KENCHEGOWDA AGED ABOUT 65 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 26. SMT. JAYAMMA. W/O BIDARAKOTE SHIVALINGALAH AGED ABOUT 45 YEARS AT. MARAGOWDANAHALLI VILLAGE, R/AT. KERAGODU HOBLI, MANDYA TALUK AND DIST 27. SMT.RUDRAMMA W/O MADASHETTY AGED ABOUT 45 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA. TALUK AND DIST 28. SRI.SHANKAR S/O SADDINA CHIKKATHAYAMMA AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 29. SMT.SAKAMMA W/O GANGAIAH @ JOGAIAH AGED ABOUT 40 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 30. SMT.MANGALAMMA W/O M.K.PRAKASH AGED ABOUT 68 YEARS - 5 - NC: 2025:KHC:16160 WP No. 7305 of 2025 R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 31. SMT.LAKSHMAMMA W/O NINGEGOWDA (HUSANI) AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 32. SMT.SUSHEELAMMA W/O NINGEGOWDA (HUSANI) AGED ABOUT 62 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 33. SMT.INDIRA W/O GOPAL AGED ABOUT 48 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 34. SRI.M.G.GOPAL S/O SANDI HUCHNA GOPANNA AGED ABOUT 52 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 35. SMT.BHAGYAMMA W/O KEMPALINGALAH AGED ABOUT 54 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 36. SMT. RATHNAMMA W/O RAMAKRISHNA AGED ABOUT 58 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 37. SRI.JAYARAMU S/O AKKITHIMMANA VENKATEGOWDA AGED ABOUT 55 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST - 6 - NC: 2025:KHC:16160 WP No. 7305 of 2025 38. SMT.M.RATHNAMMA W/O M.C.MUDDEGOWDA AGED ABOUT 65 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 39. SMT.SAROJAMMA W/O RAMAKRISHNA AGED ABOUT 36 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 40. SMT.BHAGYAMMA W/O SINGRIGOWDA AGED ABOUT 38 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 41. SMT.MANGALAMMA W/O KRISHNEGOWDA AGED ABOUT 48 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 42. SRI.SURESHA S/O CHIKKAIDEGOWDA AGED ABOUT 55 YEARS R/AT, SHIVARA VILLAGE, KERAGODU HEBLI, MANDYA TALUK AND DIST 43. SMT RATHNA W/ O.S.C.PRAKASH AGED ABOUT 55 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 44. SMT. BHAGYAMMA. W/O MOHAN AGED ABOUT 60 YEARS R/AT.MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 45. SRI.KARLYAPPA S/O MARIGOWDA AGED ABOUT 50 YEARS R/AT. SHIVARA VILLAGE, - 7 - NC: 2025:KHC:16160 WP No. 7305 of 2025 KERAGODU HOBLI, MANDYA TALUK AND DIST 46. SRI.M.RAMESH S/O PUTTACHARI.M.K AGED ABOUT 48 YEARS. R/AT. FARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 47. SMT.POORNIMA W/O S. PAPANNA AGED ABOUT 48 YEARS R/AT. SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 48. SMT. NAGAMMA W/O LAIN MAN THIMMAPPA AGED ABOUT 58 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 49. SRI.T. VENKATESH S/O M.THIMMALAH AGED ABOUT 65 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST 50. SRI.M.N.PRAVEEN KUMAR S/O NARAYANASWAMY AGED ABOUT 55 YEARS R/AT. MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALU AND DIST. 51. SMT. MANGALAMMA W/O SHIVANNA AGED ABOUT 53 YEARS R/AT SHIVARE VILLAGE, KERAGODU HOBLI, MANDYA TATUK AND DIST 52. SMT GOWRAMMA W/O.RAMALINGALAH AGED SHOUT 50 YEARS R/AT. SHIVARA VILLAGE, - 8 - NC: 2025:KHC:16160 WP No. 7305 of 2025 KERAGODU HABLI, MANDYA TALUK AND DISTRICT 53. SMT NAGARATHNAMMA W/O S C MADEGOWDA, AGED ABOUT 52 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 54. SRI K T GOPAL S/O S THIMMAPPA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 55. SMT NAGAMMA W/O RAJANNA, AGED ABOUT 48 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 56. SRI SOMEGOWDA S/O CHANNEGOWDA, AGED ABOUT 68 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 57. SRI G B MANJULA W/O M C RAVIKUMAR, AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 58. SMT H B SUDHA W/O M C KANTHARAJU, AGED ABOUT 62 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 59. SRI M K PRASANNA S/O KEMPEGOWDA, - 9 - NC: 2025:KHC:16160 WP No. 7305 of 2025 AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 60. SRI CHOWDACHARI S/O PUTTACHARI, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 61. SMT M R RENUKA W/O M C PRAKASH, AGED ABOUIT 60 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 62. SRI S R ANAND S/O S M RAMALINGAIAH, AGED ABOUT 57 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 63. SRI S R YOGISH S/O S M RAMALINGAIAH, AGED ABOUT 58 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 64. SMT. SHOBHA W/O SHIVARAJU, AGED ABOUT 38 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 65. SRI PUTTASWAMY S/O MADEGOWDA, AGED ABOUT 43 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. - 10 - NC: 2025:KHC:16160 WP No. 7305 of 2025 66. SMT. NINGAMMA W/O SHANKAREGOWDA, AGED ABOUT 54 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 67. SMT. PADMA W/O NAGARAJU, AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TLUK AND DISTRICT. 68. SMT. SAROJAMMA W/O SHIVAPPA, AGED ABOUT 52 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 69. SMT S K SRUTHI W/O S R UMESH, AGED ABOUT 60 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 70. SMT. CHANDRAMMA W/O SHANKAREGOWDA, AGED ABOUT 58 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 71. SRI DEVARAJU S/O NINGEGOWDA, AGED ABOUT 49 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 72. SRI S M KRISHNEGOWDA S/O MADEGOWDA, AGED ABOUT 47 YEARS, - 11 - NC: 2025:KHC:16160 WP No. 7305 of 2025 R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 73. SRI SHIVALINGAIAH S/O DODDAIDEGOWDA, AGED ABOUT 46 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 74. SRI S P YOGISH S/O PUTTASWAMY, AGED ABOUT 45 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 75. SRI M J AMRUTHRAJ S/O M K JAYARAMU, AGED ABOUT 43 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 76. SRI S P SHIVAKUMAR S/O PUTTASWAMY, AGED ABOUT 52 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 77. SMT CHANNAMMA W/O KADEGOWDA, AGED ABOUT 54 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 78. SRI M M SATHISH S/O MARIGOWDA, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT - 12 - NC: 2025:KHC:16160 WP No. 7305 of 2025 79. SRI DEVARAJU S/O NAGARAJU, AGED ABOUT 37 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 80. SRI CHELUVARAJU M S S/O SHANKAREGOWDA, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 81. SMT. SAVITHA W/O UMESH, AGED ABOUT 60 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 82. SRI PRAKASH S/O VENKATAIAH, AGED ABOUT 48 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 83. SMT. SHIVARATHNAMMA W/O PUTTASWAMY, AGED ABOUT 50 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 84. SRI SHIVAPPA S/O NINGEGOWDA, AGED ABOUT 45 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 85. SMT. SAVITHA W/O LOKESH, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, - 13 - NC: 2025:KHC:16160 WP No. 7305 of 2025 KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 86. SMT M T RATHNAMMA W/O M P GIRISH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 87. SMT. CHANNAMMA W/O VEERABHADRA, AGED ABOUT 40 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 88. SRI M J KUMAR S/O JAVAREGOWDA, AGED ABOUT 51 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 89. SRI S V BHASKAR S/O VEERABHADREGOWDA, AGED ABOUT 37 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 90. SMT M SAVITHA W/O M C RAJANNA, AGED ABOUT 42 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 91. SMT. BHAGYAMMA W/O ANNAIAPPA, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 92. SMT. SHWETHA K N W/O M S CHALUVARAJU, - 14 - NC: 2025:KHC:16160 WP No. 7305 of 2025 AGED ABOUT 41 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 93. SMT. S SHILPA W/O M G KRISHNA, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 94. SMT. SUJATHA W/O S B NAGESH, AGED ABOUT 48 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 95. SRI S R VIJENDRA W/O S B NAGESH, AGED ABOUT 48 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. 96. SRI. THEJA S/O RAMESH, AGED ABOUT 48 YEARS, R/ATMARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT. (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 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027 …PETITIONERS - 15 - NC: 2025:KHC:16160 WP No. 7305 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 AND ETC. 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:16160 WP No. 7305 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:16160 WP No. 7305 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 Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the - 18 - NC: 2025:KHC:16160 WP No. 7305 of 2025 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