Writ Petition No. 7420 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16136 WP No. 7420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7420 OF 2025 (CS-EL/M) BETWEEN: 1. K RAJU S/O KULLAIAH AGED ABOUT 54 YEARS SHARE NO. 10. 2. B RAMU S/O LATE HANUMAIAH AGED ABOUT 71 YEARS SHARE NO.46. 3. K CHANNAPPA S/O LATE. MANCHEGOWDA AGED ABOUT 69 YEARS SHARE NO.74. 4. D MAYIGAIAH S/O LATE MAYIGOWDA AGED ABOUT 78 YEARS SHARE NO.79. 5. B DEVEGOWDA S/O LATE. BETTEGOWDA AGED ABOUT 76 YEARS SHARE NO.84. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16136 WP No. 7420 of 2025 6. A M SHIVAMALLAPPA S/O LATE S. MADAPPA AGED ABOUT 74 YEARS SHARE NO. 88. 7. H C BASAVARAJAPPA S/O LATE. CHANNEGOWDA AGED ABOUT 69 YEARS SHARE NO. 118. 8. B P KRISHNAPPA S/O LATE PAPANNA AGED ABOUT 72 YEARS SHARE NO. 124. 9. C PUTTASWAMY S/O LATE CHIKKAVEERAIAH AGED ABOUT 71 YEARS SHARE NO. 160. 10. H K SHANKAREGOWDA S/O LATE H R KARIAPPA AGED ABOUT 65 YEARS SHARE NO. 165. 11. MARIGOWDA S/O LATE KULLEGOWDA AGED ABOUT 69 YEARS SHARE NO. 174. 12. C GANGAIAH S/O LATE CHIKKANNA AGED ABOUT 72 YEARS SHARE NO.176. 13. N J NARAYANA - 3 - NC: 2025:KHC:16136 WP No. 7420 of 2025 S/O LATE GANGAMMA AGED ABOUT 63 YEARS SHARE NO. 183. 14. K VENKATESH S/O LATE. KRISHNACHAR AGED ABOUT 66 YEARS SHARE NO. 221. 15. B S KUMARA S/O LATE SANNEGOWDA AGED ABOUT 64 YEARS SHARE NO.257. 16. K P YOGESH GOWDA S/O LATE. PUTTEGOWDA AGED ABOUT 64 YEARS SHARE NO.284. 17. T. NAGARAJU S/O LATE EREGOWDA AGED ABOUT 68 YEARS SHARE NO. 311. 18. M D JAGADISH S/O LATE DEVEGOWDA AGED ABOUT 72 YEARS SHARE NO.342. 19. C K ASHOKA S/O LATE KRISHNAPPA AGED ABOUT 59 YEARS SHARE NO.395. 20. B L SHWETHA W/O S SUMANTH - 4 - NC: 2025:KHC:16136 WP No. 7420 of 2025 AGED ABOUT 45 YEARS SHARE NO.498. 21. T MAHADEV S/O LATE. THAMMAIAH AGED ABOUT 70 YEARS SHARE NO. 492. 22. SHIVEGOWDA S/O LATE NANJEGOWDA AGED ABOUT 64 YEARS SHARE NO. 499. 23. G N KRISHNEGOWDA S/O LATE NARASIMHEGOWDA AGED ABOUT 62 YEARS SHARE NO. 519. 24. K S PADMAVATHI W/O K S MAHADEVA AGED ABOUT 62 YEARS SHARE NO. 408. 25. B R SUNEETHAMMA D/O B T RAMAKRISHNEGOWDA AGED ABOUT 53 YEARS SHARE NO. 436. 26. S C ASHOK S/O LATE H C CHANDRAPPA AGED ABOUT 60 YEARS SHARE NO.438. 27. DR. SANNATHAMMEGOWDA S/O LATE THAMMEGOWDA AGED ABOUT 61 YEARS - 5 - NC: 2025:KHC:16136 WP No. 7420 of 2025 SHARE NO. 443. 28. B CHIKKANNA S/O BYATAPPAGOWDA AGED ABOUT 69 YEARS SHARE NO.455. 29. H C ESHWARPRAKASH S/O LATE CHANNABASAPPA AGED ABOUT 74 YEARS SHARE NO. 456 30. B V RAJASHEKARAPPA S/O LATE VEERANNA AGED ABOUT 76 YEARS SHARE NO. 463. 31. RUDRASWAMY S/O LATE S M K SWAMY AGED ABOUT 63 YEARS SHARE NO.464. 32. L R KARIBASAVARAJU S/O RUDRAPPA AGED ABOUT 45 YEARS SHARE NO.483 33. M C NARASIMHARAJU S/O LATE M C CHANNARAYAPPA AGED ABOUT 65 YEARS SHARE NO.487. 34. DR. SURESH BABU S/O B K MADAPPA AGED ABOUT 66 YEARS SHARE NO.491. - 6 - NC: 2025:KHC:16136 WP No. 7420 of 2025 35. SHAMBANNA S/O LATE CHIKKADEVAIAH AGED ABOUT 69 YEARS SHARE NO.497. 36. S V LAVANYAVATHI W/O N SHARATH AGED ABOUT 41 YEARS SHARE NO.502. 37. PAVAN P UPADYAYA S/O PRAHALID UPADYAYA AGED ABOUT 34 YEARS SHARE NO. 538. 38. M NANDINI D/O Y D MUNINARAYANAPPA AGED ABOUT 41 YEARS SHARE NO. 541. 39. B S SHIVALINGAIAH S/O SIDDALINGAIAH AGED ABOUT 58 YEARS SHARE NO. 547. 40. DR. M N ANANDARAJU S/O LATE. NAGARAJARAO AGED ABOUT 62 YEARS SHARE NO. 561. 41. H R RAGHU S/O A G RAJU AGED ABOUT 43 YEARS SHARE NO. 563. - 7 - NC: 2025:KHC:16136 WP No. 7420 of 2025 42. MUDDAIAH D S/O LATE. DODDAIAH AGED ABOUT 65 YEARS SHARE NO. 501. 43. DR. N KUMAR S/O LATE. GAYAKAR NAGAPPA AGED ABOUT 64 YEARS SHARE NO. 564. 44. A R MANJUNATH S/O LATE. T K RANGAPPA AGED ABOUT 63 YEARS SHARE NO. 566. 45. B C DEVARAJU S/O LATE CHIKKATHIMMEGOWDA AGED ABOUT 66 YEARS SHARE NO. 568. ALL ARE MEMBERS OF MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., OLD DAIRY COMPLEX, MALEMAHADESHWARA ROAD SIDDARTHA LAYOUT MYSURU DISTRICT - 570 011.
Legal Reasoning
(BY SRI. SANDESH T. B., ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, - 8 - NC: 2025:KHC:16136 WP No. 7420 of 2025 BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT - 570 001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU, MYSURU DISTRICT - 570 001. 5. MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., OLD DAIRY COMPLEX MALEMAHADESHWARA ROAD SIDDARTHA LAYOUT MYSURU DISTRICT - 570 011 REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). 6. RETURNING OFFICER MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., OLD DAIRY COMPLEX - 9 - NC: 2025:KHC:16136 WP No. 7420 of 2025 MALEMAHADESHWARA ROAD SIDDARTHA LAYOUT MYSURU DISTRICT - 570 011. (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) 7. SRI. H.T. VENKATESH PRESIDENT MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., S/O. THIRUMALASHETTY AGED ABOUT 63 YEARS R/AT 500, 7TH MAIN ROAD 6TH CROSS, ALANAHALLI LAYOUT MYSORE - 570 028. 8. SRI. NIRANJAN SINGH B VICE PRESIDENT MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., S/O. LATE BHAVANI SINGH AGED ABOUT 65 YEARS R/AT NO.1608, 6TH CROSS, 1ST MAIN POLICE LAYOUT 2ND STAGE, SVP LAYOUT T NARASIPURAM MAIN ROAD MYSORE - 570 028. 9. SRI. G. PRABHU MEMBER CANDIDATE MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE - 10 - NC: 2025:KHC:16136 WP No. 7420 of 2025 SOCIETY LTD., S/O. LATE GOVINDAPPA AGED ABOUT 60 YEARS R/AT 164/A, 5TH MAIN, 7TH CROSS ALANAHALLI MYSORE - 570 028. 10. T. SHIVANNA MEMBER CANDIDATE MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., S/O. V. THIMMANNA AGED ABOUT 55 YEARS R/AT NO.495/84, MARUTHI HIGH SCHOOL ROAD CHALLAKERE TALUK SANIKERE CHITRADURGA - 577 522. 11. T.S. MURTHY MEMBER CANDIDATE MYSURU AND CHAMARAJANAGARA DAIRY EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., S/O. LATE SHESHAPPA AGED ABOUT 59 YEARS R/AT 108, 3RD CROSS 2ND STAGE, NANDINI LAYOUT MYSURU - 570 028. 12. SRI. SHANKAR M. S/O. LATE MAYANNA AGED ABOUT 55 YEARS R/AT 58, GANAPATHI TEMPLE ROAD ALANAHALLI MYSORE - 570 028. - 11 - NC: 2025:KHC:16136 WP No. 7420 of 2025 13. SRI. SHIVAKUMAR S/O. ARMUGAM AGED ABOUT 51 YEARS R/AT 1/8, MAHARASTRA STREET BEHIND VETERINARY HOSPITAL NAZARBAD MYSORE - 570 010. (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4, R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. AMRUTH CHOWDHARY, ADVOCATE FOR R7 TO R13) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 16/03/2025 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of interim order had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society,
Decision
subject to the result of the writ petition and that the - 12 - NC: 2025:KHC:16136 WP No. 7420 of 2025 votes cast by the petitioners shall be kept in separate ballot box. 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:16136 WP No. 7420 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) ORDER The Writ Petition is disposed of. The Returning Officer in 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 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 applicable law, this court has not expressed any opinion on those issues. - 14 - NC: 2025:KHC:16136 WP No. 7420 of 2025 iv) The votes cast by the 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 AMA List No.: 1 Sl No.: 23 CT: SG