Writ Petition No. 8417 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16199 WP No. 8417 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. 8417 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. 7. 8. 9. SMT S MANJULA W/O M.H.SHIVALINGEGOWDA AGED ABOUT 65 YEARS SMT.PUTTATHAYAMMA W/O MADAIAH AGED ABOUT 45 YEARS SRI.M.NAGARAJUMURTHY S/O MANINA BORAIAH AGED ABOUT 50 YEARS SRI.M.S.BOJJEGOWDA S/O SHIVAGAIH AGED ABOUT 65 YEARS SMT.AMBHUJA W/O M.H.SHIVARAMU AGED ABOUT 68 YEARS
Legal Reasoning
SMT.SUDHA W/O M.DEVARAJ AGED ABOUT 50 YEARS SMT.SHARADHA W/O M.S.BOJJEGOWDA AGED ABOUT 55 YEARS SMT.NAGAMMA W/O KATERA RAJU AGED ABOUT 50 YEARS SMT.K.P.KAVITHA W/O M.K.JNANAMURTHY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16199 WP No. 8417 of 2025 AGED ABOUT 65 YEARS 10. SRI.M.MANOHAR S/O M.MADEGOWDA AGED ABOUT 60 YEARS 11. SRI.M.MADHUSUDHAN S/O MADEGOWDA.M AGED ABOUT 68 YEARS 12. SMT.T.N.GAYATHRI W/O M.RAMU AGED ABOUT 60 YEARS 13. SMT.M.N.RAMYA W/O M.MAHESH AGED ABOUT 55 YEARS 14. SRI.M.N.RAVISH S/O NINGAIAH AGED ABOUT 50 YEARS 15. SRI.M.N.UMESH S/O NINGAIAH AGED ABOUT 45 YEARS 16. SRI.LAKSHMANACHARI S/O KRISHNACHARI AGED ABOUT 55 YEARS 17. SRI.M.CHANNEGOWDA S/O M.C.MADEGOWDA AGED ABOUT 40 YEARS 18. SRI.M.ANIL S/O MADAIAH AGED ABOUT 48 YEARS 19. SRI.PRADEEP KUMAR S/O M.MAHADEVU AGED ABOUT 48 YEARS 20. SRI.M.S.KISHOR S/O M.SHANKAR AGED ABOUT 55 YEARS - 3 - NC: 2025:KHC:16199 WP No. 8417 of 2025 21. SMT.J.P.SUJATHA W/O M.S.KISHOR AGED ABOUT 45 YEARS 22. SRI.RAJU S/O SANNAPPA AGED ABOUT 68 YEARS 23. SMT.VIJAYALAKSHMI W/O RAJU AGED ABOUT 55 YEARS 24. SMT.M.C.BHAGYA W/O M.H.RAVI KUMAR AGED ABOUT 60 YEARS 25. SMT.SUDHA W/O RAJU AGED ABOUT 65 YEARS 26. SMT.JYOTHI W/O RAMAKRISHNA AGED ABOUT 45 YEARS 27. SRI.M.C.SUNIL KUMAR S/O M.R.CHANNAPPA AGED ABOUT 45 YEARS 28. SRI.M.J.PRASANNA KUMAR S/O JAYARAMU AGED ABOUT 55 YEARS 29. SRI.M.J.MADHU KUMAR S/O JAYARAMU AGED ABOUT 40 YEARS 30. SRI.M.B.RAVI S/O BETTEGOWDA AGED ABOUT 68 YEARS 31. SRI.MADEGOWDA S/O KANTHARAJU AGED ABOUT 55 YEARS 32. SMT.VIDYASHRI - 4 - NC: 2025:KHC:16199 WP No. 8417 of 2025 S/O MADEGOWDA AGED ABOUT 62 YEARS 33. SMT.SHIVARATHNAMMA W/O PAPANNA AGED ABOUT 48 YEARS 34. SMT.PRATHIBHA W/O MADEGOWDA AGED ABOUT 52 YEARS 35. SRI.CHIKKAIAH S/O NINGAIAH AGED ABOUT 54 YEARS 36. SRI.NAGARATHNAMMA W/O KARIYAPPA AGED ABOUT 58 YEARS 37. SRI.MADEGOWDA S/O MADEGOWDA.M.C AGED ABOUT 55 YEARS 38. SRI.SHINDU CHANDRU K.C S/O MADEGOWDA AGED ABOUT 65 YEARS 39. SRI.SUJENDRA S/O M.D.KRISHNA AGED ABOUT 36 YEARS 40. SMT.G.K.PAVANA W/O SUCHENDRA AGED ABOUT 38 YEARS 41. SMT.H.C.GIRIJA W/O M.S.BOREGOWDA AGED ABOUT 48 YEARS 42. SRI.M.S.BOREGOWDA S/O M.S.SIDDEGOWDA AGED ABOUT 55 YEARS 43. SMT.PRATHIBHA W/O RAJU AGED ABOUT 55 YEARS - 5 - NC: 2025:KHC:16199 WP No. 8417 of 2025 44. SRI.ANKESH S/O SHIVALINGA AGED ABOUT 60 YEARS 45. SRI.ABHISHEK S/O SHIVALINGA AGED ABOUT 58 YEARS 46. SMT.VEENA W/O DOLLEGOWDA AGED ABOUT 48 YEARS 47. SMT.K.S.PAVITHRA W/O M.D.MADEGOWDA AGED ABOUT 48 YEARS 48. SMT.ANUSHA.S.R W/O RAMESH.M AGED ABOUT 58 YEARS 49. SRI.SOMASHEKAR S/O SIDDEGOWDA AGED ABOUT 65 YEARS 50. SMT.RENUKA W/O NAGARAJU AGED ABOUT 55 YEARS 51. SRI.NINGACHARI S/O CHIKKARAJACHARI AGED ABOUT 53 YEARS 52. SMT.KUMARI W/O MAHADEVU AGED ABOUT 58 YEARS 53. SMT.G.S.SHILPA W/O M.PRADEEP AGED ABOUT 52 YEARS 54. SRI.M.T.NIKITH GOWDA S/O M.S.THAMMANNA AGED ABOUT 55 YEARS 55. SRI.RAMAKRISHNA - 6 - NC: 2025:KHC:16199 WP No. 8417 of 2025 S/O BASAVEGOWDA AGED ABOUT 48 YEARS PETITIONERS 1 TO 55 ARE R/AT.H.MALLIGERE VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 56. SMT.NARASAMMA W/O VENKATEGOWDA AGED ABOUT 68 YEARS R/AT.SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 57. SMT.SANNAMMA W/O HUCCHAIAH AGED ABOUT 58 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 58. SMT.PUTTATHAYAMMA W/O ANGADI NINGAPPA AGED ABOUT 62 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 59. SRI.N.VENKATESH S/O NANJEGOWDA AGED ABOUT 58 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 60. SMT.SUDHA W/O RAMAKRISHNA AGED ABOUT 48 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 61. SRI.RAMAKRISHNA S/O CHIKKATHAMMAIAH AGED ABOUT 60 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 62. SMT.CHANDRAKALA W/O YOGESH AGED ABOUT 57 YEARS - 7 - NC: 2025:KHC:16199 WP No. 8417 of 2025 R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 63. SMT.GOWRAMMA W/O BALANAYAK AGED ABOUT 58 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 64. SMT.B.S.DIVYA D/O BALANAYAK AGED ABOUT 38 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 65. SMT.SUMA W/O S.N.NAGANAND AGED ABOUT 43 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 66. SRI.BALAJI S.R. S/O S.T.RAMESH AGED ABOUT 54 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 67. SRI.ABHISHEK.D.S S/O SOMASHEKAREGOWDA AGED ABOUT 58 YEARS R/AT. SAMPAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 68. SRI.M.NINGARAJU S/O MANCHEGOWDA AGED ABOUT 52 YEARS R/AT.B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 69. SRI.B.KRISHNA PRAKASH S/O BOREGOWDA AGED ABOUT 60 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 70. SRI.H.N.SHIVANNA - 8 - NC: 2025:KHC:16199 WP No. 8417 of 2025 S/O NINGEGOWDA AGED ABOUT 58 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 71. SRI.PUTTASWAMY S/O DODDAIDEGOWDA AGED ABOUT 49 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 72. SRI.SHIVAMADHU S/O ANKAIAH AGED ABOUT 47 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 73. SRI.CHANNEGOWDA S/O CHANNEGOWDA AGED ABOUT 46 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 74. SRI.HALLIGOWDA S/O NINGAPPA AGED ABOUT 45 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 75. SRI.KRISHNEGOWDA S/O CHIKKABORAIAH AGED ABOUT 43 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 76. SRI.M.T.SHIVANNA S/O THIMMEGOWDA AGED ABOUT 52 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 77. SMT.B.LAKSHMI W/O H.N.BASAVARAJU AGED ABOUT 54 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST - 9 - NC: 2025:KHC:16199 WP No. 8417 of 2025 78. SRI.VENKATESH S/O CHIKKADASAIAH AGED ABOUT 48 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 79. SRI.GIRISH S/O CHIKKADASAIAH AGED ABOUT 37 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 80. SMT.ANITHA.Y.K W/O VENKATESH AGED ABOUT 45 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 81. SRI.H.V.RAMAKRISHNEGOWDA S/O VENKATEGOWDA AGED ABOUT 60 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 82. SMT.NEELAMMA W/O H.V.RAMAKRISHNEGOWDA AGED ABOUT 48 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 83. SRI.YOGISH.C S/O CHANDREGOWDA AGED ABOUT 50 YEARS R/AT. B.HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 84. SMT.DEVAMMA W/O LINGAIAH AGED ABOUT 45 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 85. SRI.DEVEGOWDA S/O KALANA DEVAIAH AGED ABOUT 48 YEARS - 10 - NC: 2025:KHC:16199 WP No. 8417 of 2025 R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 86. SMT.M.N.LEELAVATHI W/O B.G.PAPANNA AGED ABOUT 45 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 87. SRI.B.V.SHIVARAMU S/O MADEGOWDA AGED ABOUT 40 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 88. SMT.RADHA.K.L W/O SHESHADRI.B.G AGED ABOUT 51 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 89. SRI.B.D.BASAVARAJU S/O DEVEGOWDA AGED ABOUT 37 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 90. SRI.B.G.DODDEGOWDA S/O GADDEGOWDA AGED ABOUT 42 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 91. SRI.PRAJWAL.B S/O B.D.BASAVARAJU AGED ABOUT 48 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 92. SRI.DEEPAK.B.P S/O PUTTASWAMY AGED ABOUT 41 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 93. SRI.UDAY - 11 - NC: 2025:KHC:16199 WP No. 8417 of 2025 S/O KEMPEGOWDA AGED ABOUT 48 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 94. SRI.UTTAM S/O KEMPEGOWDA AGED ABOUT 48 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 95. SMT.SANNAMMA W/O SHIVALINGEGOWDA AGED ABOUT 48 YEARS R/AT. BEERAGOWDANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 96. SMT.JAYAMMA W/O VEERANNAGOWDA AGED ABOUT 48 YEARS R/AT.SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 97. SRI.NAGARAJU S/O BEERAIAH AGED ABOUT 45 YEARS R/AT. SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 98. SMT.H.C.CHAITHRA W/O D.PRABHAKAR AGED ABOUT 65 YEARS R/AT. SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 99. SMT.MANJULA W/O RAMALINGU AGED ABOUT 50 YEARS R/AT. SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 100. SRI.KRISHNA S/O BEERAIAH AGED ABOUT 65 YEARS R/AT. SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST - 12 - NC: 2025:KHC:16199 WP No. 8417 of 2025 101. SMT.MANGALA W/O S.K.NAGARAJU AGED ABOUT 68 YEARS R/AT. SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DIST 102. SRI.SANJAY.S.N S/O S.K.NAGARAJU AGED ABOUT 50 YEARS R/AT. SHAMBHUNAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND 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 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, H.MALLIGERE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 402. 6. THE H.MALLIGERE PRIMARY AGRICULTURAL CO- OPERATIVE SOCIETY LTD, DUDDA HOBLI, MANDYA TALUK, - 13 - NC: 2025:KHC:16199 WP No. 8417 of 2025 MANDYA DISTRICT-571 402. 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. VINAYA H., 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 MADNAMUS DIRECTING THE R5 AND R6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST i.e., ANNEXURE-B. AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 6TH RESPONDENT BANK/SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 23-03-2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 14 - NC: 2025:KHC:16199 WP No. 8417 of 2025 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. 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:
Decision
ORDER i) The Writ Petition is disposed. - 15 - NC: 2025:KHC:16199 WP No. 8417 of 2025 ii) iii) The Returning Officer in each of the above matters 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 each of the above matters. 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 the for consideration applicable law, this court has not expressed any opinion on those issues. in accordance with 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 PRS List No.: 1 Sl No.: 100