Writ Petition No. 8419 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16056 WP No. 8419 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. 8419 OF 2025 (CS-EL/M) BETWEEN: 1. HARISH, S/O MAHADEVAIAH, AGED ABOUT 40 YEARS, SHARE NO. 1838. 2. NANDEESH C E, S/O C ESHWAR, AGED ABOUT 65 YEARS, SHARE NO. 1305. 3. T C NAGARAJU, S/O CHIKKANNA, AGED ABOUT 70 YEARS, SHARE NO. 1336. 4. SAVITHA GANESH, W/O GANESH, AGED ABOUT 55 YEARS, SHARE NO. 1289. 5. DODDA MARIGOWDA, S/O MARIGOWDA, AGED ABOUT 64 YEARS, SHARE NO. 1284. 6. SARASWATHI M, D/O MURTHY, AGED ABOUT 51 YEARS, SHARE NO. 1762. 7. CHALMESH MURTHY B S, S/O SHIVAKUMAR, AGED ABOUT 67 YEARS, SHARE NO.1182. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16056 WP No. 8419 of 2025 8. VEENA CHALMESH, W/O B S CHALMESHA MURTHY, AGED ABOUT 55 YEARS, SHARE NO. 1306. 9. PUTTATHAYAMMA, W/O PUTTASWAMY, AGED ABOUT 58 YEARS, SHARE NO. 1763. 10. CHIKKAHOMBEGOWDA, S/O PUSKI MALLEGOWDA, AGED ABOUT 70 YEARS, SHARE NO. 1769. 11. HONNEGOWDA C S, S/O SIDDAPPA, AGED ABOUT 58 YEARS, SHARE NO. 1599. 12. CHANDRASHEKAR, S/O PUTTAPPA, AGED ABOUT 75 YEARS, SHARE NO. 1854. 13. RAMESH N S, S/O SOMU, AGED ABOUT 59 YEARS, SHARE NO.1466. 14. B M SATHISH, S/O MARAIAH, AGED ABOUT 40 YEARS, SHARE NO. 1525. 15. AVINASH S, S/O SHIVAKUMAR, AGED ABOUT 36 YEARS, SHARE NO.1845. 16. DHANALAKSHMAMMA, W/O RAMESH, AGED ABOUT 45 YEARS, SHARE NO. 1712. - 3 - NC: 2025:KHC:16056 WP No. 8419 of 2025 17. RAJESH D, S/O DIVYALINGACHAR, AGED ABOUT 40 YEARS, SHARE NO. 1851. 18. SUNILDATH P, S/O PRAKASH DATTA, AGED ABOUT 53 YEARS, SHARE NO. 1777. 19. SHIVARAJU M S, S/O K S URS, AGED ABOUT 40 YEARS, SHARE NO. 1785. 20. HARSHA N R, S/O RAJAPPA, AGED ABOUT 40 YEARS, SHARE NO. 1716. 21. MAHADEVASWAMY H S, S/O SHIVANNA H P, AGED ABOUT 37 YEARS, SHARE NO. 1833. 22. MAHADEVAPRASAD A.N, S/O NANJUNDACHARI, AGED ABOUT 61 YEARS, SHARE NO. 1826. 23. RUDRASWAMY, S/O MADAPPA, AGED ABOUT 65 YEARS, SHARE NO.1827. 24. NIRMALA P R, D/O RAJASHEKAR, AGED ABOUT 48 YEARS, SHARE NO. 1572. 25. SHARADA, W/O RAVISHANKAR, AGED ABOUT 60 YEARS, SHARE NO. 1856. - 4 - NC: 2025:KHC:16056 WP No. 8419 of 2025 26. KUMARASWAMY S, S/O SAIKUMAR, AGED ABOUT 64 YEARS, SHARE NO.1563.
Legal Reasoning
27. SRINIVAS M K, S/O KRISHNAMURTHY, AGED ABOUT 59 YEARS, SHARE NO.1702. 28. SRIRANGAMMA, W/O KRISHNA MURTHY M S, AGED ABOUT 75 YEARS, SHARE NO. 1703. 29. MAHADEVI, W/O NAGARAJ, AGED ABOUT 60 YEARS, SHARE NO. 1706. 30. SRIHARI D, S/O LATE DASHARATHI K V, AGED ABOUT 56 YEARS, SHARE NO. 1742. 31. RAVISHANKAR B, S/O BASAVARAJU, AGED ABOUT 56 YEARS, SHARE NO.1666. 32. DR. SHREYAS B M, S/O MANJUNATH, AGED ABOUT 34 YEARS, SHARE NO.1857. 33. MANJUNATH B, S/O BASAVARAJU, AGED ABOUT 59 YEARS, SHARE NO.1700. 34. RAJESHWARI R, W/O RAJASHEKARAIAH, AGED ABOUT 54 YEARS, SHARE NO.1701. - 5 - NC: 2025:KHC:16056 WP No. 8419 of 2025 35. SUJATHA T A, S/O RAJASHEKARAIAH, AGED ABOUT 64 YEARS, SHARE NO.1697. 36. SHIVAKUMARA SWAMY C S, S/O SHIVAKUMAR, AGED ABOUT 45 YEARS, SHARE NO.1531. 37. BABU P, S/O PRASHANTA KUMAR, AGED ABOUT 40 YEARS, SHARE NO.1870. 38. RAJENDRA S, S/O SIDDAIAH, AGED ABOUT 69 YEARS, SHARE NO.1782. 39. CHANDAN K, S/O MURTHY, AGED ABOUT 40 YEARS, SHARE NO.1846. 40. PUSHPAVATHI R, W/O RAJENDRA, AGED ABOUT 60 YEARS, SHARE NO.1783. 41. SHAILAJA ANANDAKUMAR, W/O ANANDAKUMAR, AGED ABOUT 70 YEARS, SHARE NO.1542. ALL ARE MEMBERS OF VIDYASHANKARA HOUSE - BUILDING CO-OPERATIVE SOCIETY LTD., NO.725, ALLAMAPRABHU COMMERCIAL COMPLEX, 1ST FLOOR, 5TH CROSS, RAMANUJA ROAD, MYSURU-570 004. (BY SRI SANDESH T B, ADVOCATE) …PETITIONERS - 6 - NC: 2025:KHC:16056 WP No. 8419 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560 027. REP. 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. VIDYASHANKARA HOUSE-BUILDING CO-OPERATIVE SOCIETY LTD., #725, ALLAMAPRABHU COMMERCIAL COMPLEX, 1ST FLOOR, 5TH CROSS, RAMANUJA ROAD, MYSURU-570 004. REP. BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIEITES ACT-1959). 6. THE RETURNING OFFICER, VIDYASHANKARA HOUSE -BUILDING CO-OPERATIVE SOCIETY LTD., NO.725 ALLAMAPRABHU COMMERCIAL COMPLEX, 1ST FLOOR, 5TH CROSS, RAMANUJA ROAD, MYSURU-570 004. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIEITES ACT-1959). (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3, R-4, R-6; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO - 7 - NC: 2025:KHC:16056 WP No. 8419 of 2025 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.03.2025 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 1. This Court by way of various interim orders had ORAL ORDER 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 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:16056 WP No. 8419 of 2025 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.
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. - 9 - NC: 2025:KHC:16056 WP No. 8419 of 2025 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. 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.: 27