Writ Petition No. 8036 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14042 WP No. 8036 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. 8036 OF 2025 (CS-RES) BETWEEN: 1. 2. 3. 4. 5. 6. SMT.S.K. VIJAYA W/O KENCHEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.18/2011 IRFAN AHMED, S/O NAZIR AHMED, AGED ABOUT 58 YEARS, MEMBERSHIP NO.70/2011 B N NAGENDRA, S/O NARAYANAGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.7/2011 A M ASHOK, S/O LATE MALLEGOWDA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.4/2014 M B SATISH, S/O BASAVEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.189/2014 T GIRISH, S/O LATE THIMMEGOWDA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.99/2012 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14042 WP No. 8036 of 2025 7. 8. 9. A M BALAJI S/O LATE MANJUNATHA GUPTA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.28/5/1999 B N PARAMESH S/O NEMIRAJ, AGED ABOUT 48 YEARS, MEMBERSHIP NO.99/2008 B T CHANDRASHEKAR, S/O THIRUMALAIAH, AGED ABOUT 49 YEARS, MEMBERSHIP NO.125/2013 10. SMT H M PUSHPALATHA, W/O LATE RAJAIAH, AGED ABOUT 39 YEARS, MEMBERSHIP NO.120/2012 11. SMT C M RUKMINI W/O RAMESH B L, AGED ABOUT 42 YEARS, MEMBERSHIP NO.98/2011 12. VENKATESH MURTHY S/O LAKKKAPPAGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.131/2009 13. SMT. CHUDAMANI W/O VEDANTH M K, AGED ABOUT 50 YEARS, MEMBERSHIP NO.55/5/2006 14. SMT C T SUMA, W/O JAGADISHKUMAR B R, AGED ABOUT 40 YEARS, MEMBERSHIP NO.177/2011 - 3 - NC: 2025:KHC:14042 WP No. 8036 of 2025
Legal Reasoning
A Co-ordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 after considering the matter in detail has come to a categorical conclusion that any irregularity in the conduct of election a petition under 1 W.P.No.8502/2022 dated 7.6.2022 - 27 - NC: 2025:KHC:14042 WP No. 8036 of 2025 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. 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)
Arguments
15. SMT. D K NAMITHA, W/O GANESH, AGED ABOUT 40 YEARS, MEMBERSHIP NO.6/2010 16. SMT B N REKHA, W/O GANESHA, AGED ABOUT 39 YEARS, MEMBERSHIP NO.48/2010 17. D VINCENT PRAKASH S/O LATE DORERAJU, AGED ABOUT 61 YEARS, MEMBERSHIP NO.151/2011 18. SMT SEEMA W/O KIRAN KUMAR, AGED ABOUT 38 YEARS, MEMBERSHIP NO.172/2013 19. SATISH S/O THOTAPPAJI, AGED ABOUIT 40 YEARS, MEMBERSHIP NO.41/2010 20. D B MANJUNATH S/O BANGISHETTY, AGED ABOUT 56 YEARS, MEMBERSHIP NO.24/4/19921 21. G NAGESH, S/O LATE GOPAL RAO, AGED ABOUT 64 YEARS, MEMBERSHIP NO.12/2012 22. SMT. H N RADHA, W/O SATISH M N, AGED ABOUT 38 YEARS, MEMBERSHIP NO.89/2008 - 4 - NC: 2025:KHC:14042 WP No. 8036 of 2025 23. D B RANGASWAMY S/O BOREGOWDA, AGED ABOUT 63 YEARS, MEMBERSHIP NO.85/2011 24. S D SHIVALINGAPPA, S/O DEVARAJEGOWDA, AGED ABOUT 66 YEARS, MEMBERSHIP NO.23/2010 25. H R VENKATESH S/O H D RAJAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.94/2011 26. C S RAMEGOWDA S/O LATE SUBBEGOWDA, AGED ABOUT 67 YEARS, MEMBERSHIP NO.87/2008 27. SMT. PUSHPALATHA D/O LATE DODDEGOWDA, AGED ABOUT 34 YEARS, MEMBERSHIP NO.12/2014 28. H M NANJUNDESHWARA, S/O MALLEGOWDA, AGED ABOUT 62 YEARS, MEMBERSHIP NO.67/2015 29. B T KRISHNAMURTHY S/O LATE THIMMAIAH, AGED ABOUT 62 YEARS, MEMBERSHIP NO.25/5/1999 30. RAJAPPA, S/O MALLEGOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.38/2010 - 5 - NC: 2025:KHC:14042 WP No. 8036 of 2025 31. D ANTHONY S/O S DAVID, AGED ABOUT 59 YEARS, MEMBERSHIP NO.20/5/1998 32. K P SHIVAKUMAR S/O PUTTASWAMY, AGED ABOUT 55 YEARS, MEMBERSHIP NO.20/2011 33. SMT. VASANTHA W/O K R REVANNA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.112/2017 34. J LAKSHMEGOWDA S/O JAVAREGOWDA, AGED ABOUT 63 YEARS, MEMBERSHIP NO.27/2012 35. G N MANOHAR S/O NARASIMHAIAH, AGED ABOUT 70 YEARS, MEMBERSHIP NO.137/2/1986 36. G P LINGARAJU, S/O PUTTEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.94/2016 37. B H DEVARAJA, S/O HANUMANTHEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.67/2012 38. K R SATHYAPRAKASH S/O RANGASWAMY, AGED ABOUT 47 YEARS, MEMBERSHIP NO.71/2011 - 6 - NC: 2025:KHC:14042 WP No. 8036 of 2025 39. A E JAYARAMA S/O LATE ERANNASHETTY, AGED ABOUT 54 YEARS, MEMBERSHIP NO.78/2008 40. KARIGOWDA, S/O LATE DODDEGOWDA, AGED ABOUT 67 YEARS, MEMBERSHIP NO.115/2008 41. B L VASU, S/O LATE LAKSHMEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.93/2016 42. Y S LAKSHMEGOWDA S/O LATE SIDDEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.122/2012 43. A R SHIVASWAMY S/O RANGEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.13/2010 44. SMT M R VEDAVATHI W/O SATISH, AGED ABOUT 45 YEARS, MEMBERSHIP NO.1/10/2014 45. B J MANJUNATH S/O LATE JAVAREGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.18/2015 46. K MANJEGOWDA S/O LATE KALEGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.82/2015 - 7 - NC: 2025:KHC:14042 WP No. 8036 of 2025 47. T RAMEGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 71 YEARS, MEMBERSHIP NO.189/2012 48. A E PRABHAKAR S/O LATE ERANNASHETTY, AGED ABOUT 61 YEARS, MEMBERSHIP NO.67/5/2008 49. A Y RAJU S/O LATE YALLAPPA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.149/2013 50. DUNDAPPA B GIVARI S/O BASAVALINGAPPA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.99/2011 51. K V JAYANNA S/O LATE VENKATEGOWDA, AGED ABOUT 63 YEARS, MEMBERSHIP NO.124/2011 52. K DEVARAJEGOWDA S/O KEPPANNAGOWDA, AGED ABOUT 60 YEARS, MEMBERSHIP NO.37/2010 53. B K MANJEGOWDA S/O GIDDEGOWDA, AGED ABOUT 66 YEARS, MEMBERSHIP NO.50/2011 54. PUTTARAJU S/O GIDDEGOWDA, AGED ABOUT 66 YEARS, MEMBERSHIP NO.170/2011 - 8 - NC: 2025:KHC:14042 WP No. 8036 of 2025 55. K N PANDURANGA S/O K NAGARAJU, AGED ABOUT 62 YEARS, MEMBERSHIP NO.60/2011 56. K R ASHOK KUMAR S/O LATE RANGASHETTY, AGED ABOUT 53 YEARS, MEMBERSHIP NO.190/2014 57. K V VENKATESHMURTHY S/O VENKATALAKSHMANA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.83/2008 58. A S PRAKASH S/O SUBBARAYA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.1/7/2011 59. G R RAMESH S/O RAJEGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.95/2011 60. K G THAMMANNA S/O GIDDAIAH, AGED ABOUT 45 YEARS, MEMBERSHIP NO.35/2011 61. S A RAMESH S/O ANNAJIGOWDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.45/2011 62. M T MANJUNATH S/O THOPEGOWDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.121/2012 - 9 - NC: 2025:KHC:14042 WP No. 8036 of 2025 63. G R SRIDHAR S/O RAJEGOWDA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.93/2011 64. J M KUMAR S/O MASTHIGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.14/2011 65. H A KUMARASWAMY S/O LATE ANNEGOWDA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.29/2011 66. M D SRINIVAS S/O DEVARAJEGOWDA, AGED ABOUIT 45 YEARS, MEMBERSHIP NO.96/2011 67. P NAGESH S/O PAPANNA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.21/2012 68. K REVANNA S/O LATE GIDDEGOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.88/2011 69. M A NARAYANAGOWDA S/O ANNAJIGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.9/2011 70. A T PRAKASH S/O LATE THAMMAIAH, AGED ABOUT 43 YEARS, MEMBERSHIP NO.88/2011 - 10 - NC: 2025:KHC:14042 WP No. 8036 of 2025 71. SMT M N SHANTHALA W/O SHIVARAJU, AGED ABOUT 36 YEARS, MEMBERSHIP NO.43/2011 72. G K CHANDRASHEKAR S/O KALEGOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO.32/2011 73. H R NAGENDRA S/O H D RANGAIAH, AGED ABOUT 51 YEARS, MEMBERSHIP NO.12/2011 74. G H NAGARAJU S/O LATE HALKUREGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.42/2011 75. G R RAVIKUMAR S/O SANNAMANJAIAH, AGED ABOUT 52 YEARS, MEMBERSHIP NO.41/2011 76. DINESH S/O ANNAIAH, AGED ABOUT 46 YEARS, MEMBERSHIP NO.33/2011 77. PRAMOD KUMAR S/O NANJEGOWDA, AGED ABOUT 38 YEARS, MEMBERSHIP NO.69/2015 78. M D SHAMBAIAH S/O LATE DASAIAH, AGED ABOUT 57 YEARS, MEMBERSHIP NO.36/2011 - 11 - NC: 2025:KHC:14042 WP No. 8036 of 2025 79. K L YOGANNA S/O LAKSHMEGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.198/2014 80. DHARMAPALEGOWDA S/O PAPEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.40/2011 81. RAMESH S/O SUBBEGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.37/2011 82. A M JAVAREGOWDA S/O MAHIGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.44/2011 83. G S MOHANKUMAR S/O SANNAMANJAIAH, AGED ABOUT 43 YEARS, MEMBERSHIP NO.51/2011 84. S R SHANMUKHA S/O H D RAMEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.25/2011 85. A S DEVARAJEGOWDA S/O SWAMIGOWDA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.58/2011 86. N T NANDISHA, S/O THIMMEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.155/2013 - 12 - NC: 2025:KHC:14042 WP No. 8036 of 2025 87. N T THIMMEGOWDA S/O THIMMEGOWDA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.82/2008 88. K N SIDDESH S/O U R NAGABHUSHAN, AGED ABOUT 50 YEARS, MEMBERSHIP NO.130/2011 89. R BUDDEGOWDA S/O LATE RANGEGOWDA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.110/2011 90. S K MAHADEVAIAH S/O KALAIAH, AGED ABOUT 43 YEARS, MEMBERSHIP NO.30/2011 91. SMT. N P PUSHPA W/O PUTTACHAR, AGED ABOUT 39 YEARS, MEMBERSHIP NO.99/2011 92. J R MANJUNATH S/O RANGAIAH, AGED ABOUT 46 YEARS, MEMBERSHIP NO.36/2010 93. B S KANTHARAJU S/O SHANTHAVEERAPPA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.30/2015 94. GOVINDARAJU S/O BETTEGOWDA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.55/2012 - 13 - NC: 2025:KHC:14042 WP No. 8036 of 2025 95. B ANAPPAGOWDA S/O KAPPANNAGOWDA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.153/2011 96. SMT H D LATHA D/O DEVEGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.25/2012 97. M DEVARAJEGOWDA S/O LATE H N MANJEGOWDA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.162/2011 98. A S RAMESH S/O S M SIDDEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.36/5/2001 99. S K RANGASWAMY S/O KALEGOWDA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.85/2012 100. JAGADISH S/O DYAMEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.15/2011 101. U J MALLIKARJUNA S/O U M JAMBEGOWDA, AGEDA BOUT 62 YEARS, MEMBERSHIP NO.64/2012 102. C D HONNEGOWDA S/O DODDEGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.140/2011 - 14 - NC: 2025:KHC:14042 WP No. 8036 of 2025 103. NAGARAJA S/O HUCCHEGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.82/2011 104. PUTTEGOWDA S/O LAKSHMEGOWDA, AGED ABOUT 70 YEARS, MEMBERSHIP NO.106/2011 105. M D SRINIVAS S/O DEVARAJEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.96/2011 106. K N JAGANNATH S/O LATE K M NARAYANA, AGED ABOUT 44 YEARS, MEMBERSHIP NO.98/2011 107. T C DIVAKAR S/O CHANDRAPPAGOWDA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.87/2011 108. N MANJUNATH S/O LATE NARAYANA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.90/2008 109. B M HARISH S/O LATE MALLEGOWDA, AGED ABOUT 47 YEARS, MEMBERSHIP NO.115/2012 110. H R KAMALAKUMAR S/O REVANNA H P, AGED ABOUT 49 YEARS, MEMBERSHIP NO.105/2012 - 15 - NC: 2025:KHC:14042 WP No. 8036 of 2025 111. G A BASAVARAJU S/O LATE APPANNA, AGED ABOUT 61 YEARS, MEMBERSHIP NO.38/2011 112. M K RAVIKUMAR S/O KRISHNEGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.75/2012 113. K J NAGESH S/O JAVAREGOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.47/2011 114. K R VENKATESH S/O RANGEGOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.40/2010 115. P R INDRESH S/O RAJEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.33/2011 116. JAGADISH S/O DEVEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.15/2011 117. K SHIVANNA S/O KARIGOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.129/2013 118. K DEVARAJU S/O THOPEGOWDA, AGED ABOUT 67 YEARS, MEMBERSHIP NO.124/2012 - 16 - NC: 2025:KHC:14042 WP No. 8036 of 2025 119. G GURUVAIAH S/O PAPAIAH, AGED ABOUT 54 YEARS, MEMBERSHIP NO.91/2008 120. H C MAHESH S/O CHANNAKESHAVEGOWDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.51/2010 121. SHIVASUBRAMANYARAJE URS S/O N C ANANTHARAJE URS, AGED ABOUT 54 YEARS, MEMBERSHIP NO.63/2011 122. N PRADEEP S/O N M NANJUNDAPPA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.67/2011 123. SMT D C SAVITHA W/O KUMAR, AGED ABOUT 46 YEARS, MEMBERSHIP NO.68/2011 124. GOVINDA S TRIPRANTHE S/O SHIVAPPA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.72/2011 125. B T MAYEGOWDA S/O THAMMANNAGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.74/2011 126. JAYARAM S/O LATE DEVEGOWDA, AGED ABOUT 51 YEARS, MEMBERSHIP NO.76/2011 - 17 - NC: 2025:KHC:14042 WP No. 8036 of 2025 127. K M S SHAHANAZ, S/O MOHAMMED KHASIM, AGED ABOUT 55 YEARS, MEMBERSHIP NO.79/2011 128. B MALLIKARJUNA, S/O BASAVARAJU, AGED ABOUT 37 YEARS, MEMBERSHIP NO.84/2011 129. P SHEKHAR, S/O LATE PUTTASWAMYSHETTY, AGED ABOUT 67 YEARS, MEMBERSHIP NO.8/2011 130. A A BASAVARAJU, S/O APPANNAGOWDA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.39/2011 131. M K SHIVARAJU, S/O KALEGOWDA, AGED ABOUT 38 YEARS, MEMBERSHIP NO.61/2011 132. ERARAJU, S/O HALAGAIAH, AGED ABOUT 66 YEARS, MEMBERSHIP NO.62/2011 133. A R SATISH, S/O RAMASHETTY, AGED ABOUT 51 YEARS, MEMBERSHIP NO.163/2011 134. H S HEMANTH, S/O SATTHIGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.31/2011 - 18 - NC: 2025:KHC:14042 WP No. 8036 of 2025 135. SMT H S GAYATHRI, W/O H N SUBRAMANYA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.163/2011 136. B M MOHANKUMAR, S/O MALLAPPAGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.131/2013 137. H A RAVI, S/O ANNEGOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.40/2011 138. SMT M M RUPA, W/O MAHENDRA, AGED ABOUT 39 YEARS, MEMBERSHIP NO.58/2011 139. D R SHIVANNA S/O RANGEGOWDA, AGED ABOUT 42 YEARS, MEMBERSHIP NO.81/2011 140. D C GOKULA, S/O CHANNAVEERAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.94/2011 141. D N PARAMESH, S/O NANJUNDAPPA, AGED ABOUT 53 YEARS, MEMBERSHIP NO.161/2011 142. H J JAYALAKSHMI, W/O LOKESH, AGED ABOUT 43 YEARS, MEMBERSHIP NO.179/2014 - 19 - NC: 2025:KHC:14042 WP No. 8036 of 2025 143. N S SHIVARAJEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.48/5/2003 144. C A NAGARAJ, S/O HANUMANTHAIAH, AGED ABOUT 50 YEARS, MEMBERSHIP NO.13/2011 145. SMT H J VANI, W/O MOHANKUMAR, AGED ABOUT 40 YEARS, MEMBERSHIP NO.22/2015 146. B JAYASHEELA, W/O CHANNABASAPPA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.23/2016 147. M E RAVIKUMAR, S/O EREGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.24/2015 148. CHANNABASAPPA, S/O NAGAPPA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.25/2015 149. M T RANGASWAMY S/O THIMMEGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.31/2015 150. DAYANANDAPRASAD, S/O GURUDATTATREYA, AGED ABOUT 34 YEARS, MEMBERSHIP NO.32/2015 - 20 - NC: 2025:KHC:14042 WP No. 8036 of 2025 151. M P DHANANJAYA S/O PUTTASWAMY, AGED ABOUT 41 YEARS, MEMBERSHIP NO.33/2015 152. B S SATISH, S/O SWAMIGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.37/2015 153. N K BALAKRISHNA S/O KRISHNEGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.38/2015 154. T N LOKESH S/O NINGEGOWDA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.39/2015 155. K R MOHANKUMAR, S/O RAMEGOWDA, AGED ABOUT 39 YEARS, MEMBERSHIP NO.40/2015 156. A C HARISH, S/O CHANNEGOWDA, AGED ABOUT 41 YEARS, MEMBERSHIP NO.46/2015 157. G ANAND, S/O GIDDEGOWDA, AGED ABOUT 52 YEARS, MEMBERSHIP NO.47/2015 158. H K KUMAR, S/O KRISHNAIAH, AGED ABOUT 40 YEARS, MEMBERSHIP NO.63/2015 - 21 - NC: 2025:KHC:14042 WP No. 8036 of 2025 159. CHANDREGOWDA, S/O RAMEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.80/2015 160. D D DILIP, S/O DHARMAPPA, AGED ABOUT 45 YEARS, MEMBERSHIP NO.125/2020 161. K C ASHOK, S/O CHANNABASAPPA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.61/2015 162. B MARIGOWDA S/O BOREGOWDA, AGED ABOUT 66 YEARS, MEMBERSHIP NO.49/2010 163. T B ERAPPA S/O BASAPPA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.61/2011 164. SMT H R SUDHA, W/O SUKUMAR, AGED ABOUT 39 YEARS, MEMBERSHIP NO.89/2016 165. T YASHAVANTH KUMAR, S/O P SUNDAR, AGED ABOUT 60 YEARS, MEMBERSHIP NO.98/2016 166. SHIVANNA S/O SANNA ERANNAGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.8/2014 - 22 - NC: 2025:KHC:14042 WP No. 8036 of 2025 167. S N PRAKASH, S/O NAGARAJEGOWDA, AGED ABOUT 43 YEARS, MEMBERSHIP NO.41/2011 168. SMT M N SHANTHALA W/O SHIVARAJU, AGED ABOUT 35 YEARS, MEMBERSHIP NO.43/2011 169. B C KRISHNA S/O LATE CHINNAIAH, AGED ABOUT 62 YEARS, MEMBERSHIP NO.155/2011 170. KENDEGOWDA, S/O RUDRAPPA, AGED ABOUT 69 YEARS, MEMBERSHIP NO.3/2014 171. K C CHANDRAHASA S/O CHANDRAYISHETTY, AGED ABOUT 50 YEARS, MEMBERSHIP NO.170/2013 172. N D DORESWAMY, S/O DEVEGOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.167/2/1986 173. CHALUVEGOWDA, S/O LATE CHANNEGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.68/5/2008 174. N J MAHESH S/O SANNAPPA, AGED ABOUT 59 YEARS, MEMBERSHIP NO.130/2013 - 23 - NC: 2025:KHC:14042 WP No. 8036 of 2025 175. GANGADHAR, S/O T VENKATESH, AGED ABOUT 60 YEARS, MEMBERSHIP NO.138/2012 176. R DHARMAPPA S/O RANGEGOWDA, AGED ABOUT 50 YEARS, MEMBERSHIP NO.80/2011 177. N L THIMMEGOWDA S/O LAKKEGOWDA, AGED ABOUT 75 YEARS, MEMBERSHIP NO.112/2008 178. KANTHARAJU S/O P N NANJAPPASHETTY, AGED ABOUT 70 YEARS, MEMBERSHIP NO.22/2011 179. DORESWAMY S/O NANJEGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.3/2012 180. K S SIDDALINGAPPA S/O NINGAPPA, AGED ABOUT 66 YEARS, MEMBERSHIP NO.95/2011 181. Y K RAVI S/O LATE Y K KEMPAKALLACHAR, AGED ABOUT 54 YEARS, MEMBERSHIP NO.27/2010 182. GIDDEGOWDA, S/O KALEGOWDA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.92/2016 - 24 - NC: 2025:KHC:14042 WP No. 8036 of 2025 183. S J SANTHOSHKUMAR S/O JYOTHIPRAKASH, AGED ABOUT 44 YEARS, MEMBERSHIP NO.154/2013 184. S RAJAPPA S/O SIDDAPPA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.43/2010 185. M K SWAMIGOWDA S/O PAPEGOWDA, AGED ABOUT 62 YEARS, MEMBERSHIP NO.10/2011 186. RAMESH, S/O SUBBEGOWDA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.37/2011 ALL THE PETITIONERS ARE THE MEMBERS OF KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NEAR KSRTC DIVISION OFFICE, HASSAN DIVISION, B M ROAD, HASSAN-573201. (PETITIONERS NOS. 17,21,23,24,26,28,29,34,35,40,45,46,47,49,51 TO 55 67,89,94,95,99,101,104,111,118,129,132,162,165,1 69,170,172,173,175,177,178,179,180,182 AND 185 ARE THE SENIOR CITIZENS BUS THEY ARE NOT CLAIMING ANY BENEFITS AS SENIOR CITIZENS IN THE PRESENT WRIT PETITION) (BY SRI G CHANDRASEKHARAIAH, ADVOCATE) …PETITIONERS - 25 - NC: 2025:KHC:14042 WP No. 8036 of 2025 AND: 1. THE STATE OFKARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION. GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S.BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA,BENGALURU-560027, REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES AND ELECTION OFFICER, MYSURU REGION PALACE OFFICE BUILDING, SAYYAJI RAO ROAD, MYSURU-570001. 4. KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE NEAR KSRTC DIVISION OFFICE, HASSAN DIVISION, B M ROAD, HASSAN - 573201, REPRESENTED BY ITS SECRETARY. 5. SRI PUNITH KUMAR B S, OFFICE SUPERINTENDENT, O/O THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, HASSAN DISTRICT, HASSAN AND RETURNING OFFICER, KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NEAR KSRTC DIVISION OFFICE, HASSAN DIVISION, B M ROAD, HASSAN - 573201. (BY SRI YOGESH D NAIK, AGA FOR R1, R3 & R5, …RESPONDENTS - 26 - NC: 2025:KHC:14042 WP No. 8036 of 2025 SRI T L KIRAN KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR APPROPRIATE ORDER DECLARING THAT THE ACTION OF THE R-4 SOCIETY IN HOLDING ELECTION TO ITS BOARD ON 23.03.2025 WITHOUT ISSUING GENERAL BODY MEETING NOTICES TO THE PETITIONERS INDIVIDUALLY AND WITHOUT FOLLOWING THE MANDATORY REQUIREMENT OF RULE 13-D(2-A)(2) OF THE RULES STRICTLY AND COMPLETELY AS BAD AND ILLEGAL 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 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.
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. iii) In the event of any proceeding being filed in relation to the results of the election under - 28 - NC: 2025:KHC:14042 WP No. 8036 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 GVP List No.: 1 Sl No.: 16