DELEGATE v. CHOWDAREDDY S
Case Details
- 1 - NC: 2025:KHC:14562 WP No. 8599 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8599 OF 2025 (CS-EL/M) BETWEEN: 1. SANTHEKALLAHALLI MILK PROCUER'S COOPERATIVE SOCIETY LTD., SANTHEKALLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125 REPRESENTED BY ITS DIRECTOR/DELEGATE K N MURTHY S/O K. NARAYANAPPA AGE 39 YEARS. 2. MADEKERE MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MADEKERE VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125 REPRESENTED BY ITS DIRECTOR/ DELEGATE M. VEERAPPA REDDY S/O MUNISHAMAPPA AGE 63 YEARS, 3. HEREPALYA MILK PRODUCER'S COOPERATIVE SOCIETY LTD., HEREPALYA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125 REPRESENTED BY ITS DIRECTOR/ DELEGATE V. CHOWDAREDDY S/O VENKATARAYAPPA AGE 70 YEARS. 4. KODEGAL MILK PRODUCER'S COOPERATIVE SOCIETY LTD., KODEGAL VILLAGE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14562 WP No. 8599 of 2025 CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125 REPRESENTED BY ITS DIRECTOR/ DELEGATE K.LAKSHMIDEVAMMA W/O K.V.BAIRAREDDY AGE 39 YEARS. 5. MUDACHINTALAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MUDACHINTALAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE ANJAPPA S/O VENKATESAPPA AGE 49 YEARS. 6. KADIRAPUR MILK PRODUCER'S COOPERATIVE SOCIETY LTD., KADIRAPUR VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE K.SATHIH S/O KRISHNAPPA, AGE 51 YEARS. 7. MANIGANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MANIGANAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE JAYARAMAPPA S/O VEERAPPA AGE 76 YEARS. 8. DIGAVAKOTE MILK PRODUCER'S COOPERATIVE SOCIETY LTD., DIGAVAKOTE VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE NARASIMHAPPA - 3 - NC: 2025:KHC:14562 WP No. 8599 of 2025 S/O KADERAPPA AGE 42 YEARS. 9. BYNAHALLI MILK PRODUCER'S COOPERATIVE
Legal Reasoning
SOCIETY LTD., BYNAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE SRINIVASA REDDY. V S/O VENKATASHAMA REDDY AGE 52 YEARS. 10. KATTARIGUPPE MILK PRODUCER'S COOPERATIVE SOCIETY LTD., KATTARIGUPPE VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE NARAYANASWAMY K.S., S/O SUBBARAYAPPA AGED 54 YEARS 11. KURUTAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., KURUTAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE K.V.NARAYAN SWAMY S/O VENKATARAYAPPA AGE 62 YEARS. 12. CHINTAMANI TOWN MILK PRODUCER'S COOPERATIVE SOCIETY LTD., CHINTAMANI TALUK, CHILLKKABALLAPURA DISTRICT - 563125 REPENSENTED TO ITS DIRECTOR/DELEGATE SHIVAREDDY S/O DODDACHOWDAREDDY AGED 76 YEARS. 13. MUTUKADAHALLI MILK PRODUCER'S COOPERATIVE - 4 - NC: 2025:KHC:14562 WP No. 8599 of 2025 SOCIETY LTD., MUTUKADAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563135 REPRESENTED BY ITS DIRECTOR/ DELEGATE M.N. VENKATESAPPA S/O D.N. NARAYANSWAMY AGE 50 YEARS. 14. MARAPHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MARAPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE GANESH.M.S., S/O SONNAPPA AGE 49 YEARS. 15. MADABAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MADABAHALLI VILLAGE, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE CHINTAMANI TALUK, VENKATAMMA D/O CHIKKABYRAPPA, AGE 75 YEARS. 16. NERANAKALLU MILK PRODUCER'S COOPERATIVE SOCIETY LTD., NERANAKALLU VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE CHIKKANARAYANASWAMY S/O VENKATARAYPPA AGE 65 YEARS. 17. MALLIKARJUNAPURA MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MALLIKARJUNAPURA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE K. NARAYANASWMAY S/O KADERAPPA - 5 - NC: 2025:KHC:14562 WP No. 8599 of 2025 AGE 61 YEARS. 18. CHIKKAMUNIMANGALA MILK PRODUCER'S COOPERATIVE SOCIETY LTD., CHIKKAMUNIMANGALA VILLAGE, CHINTSAKANI TALUK, CHIKKABALLAPURA DISTRICT - 503128 REPRESENTED BY ITS DIRECTOR/ DELEGATE RAMAKRISHNAPPA S/O LATE MUNIYAPPA AGE 30 YEARS. 19. SRINIVASAPURA MILK PRODUCER'S COOPERATIVE SOCIETY LTD., SRINIVASAPURA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE SMT. ANUSUYAMMA W/O LAKSMINARAYANA AGE 44 YEARS 20. NALLARALLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., NALLARALLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE SMT. SHIVAMMA. R., W/O S.V.KONNAPPA REDDY AGE 43 YEARS. 21. MOHAMMADPURA MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MOHHAMMADPURA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/DELEGATE SAMEENA W/O SADDIKPASHA AGE 38 YEARS. 22. ANKALAMODAGU MILK PRODUCER'S COOPERATIVE SOCIETY LTD., - 6 - NC: 2025:KHC:14562 WP No. 8599 of 2025 ANKALAMODAGU VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE S. VENKATAREDDY S/O SUBBARAYAPPA AGE 55 YEARS. 23. NANDIGANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., NANDIGANAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE PATEL ASHWATH NARAYANA REDDY S/O PATEL CHINNAPPA REDDY AGE 77 YEARS. 24. MUDDALAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MUDDALAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/DELEGATE SUBBAREDDY S/O VENKATARAMAREDDY AGE 77 YEARS. 25. KOTAGAL MILK PRODUCER'S COOPERATIVE SOCIETY LTD., KOTAGAL VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE B.V.SURESH S/O VENKATRAVANAAPPA.S AGE 38 YEARS 26. DARMAVARAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., DARMAVARAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 - 7 - NC: 2025:KHC:14562 WP No. 8599 of 2025 REPRESENTED BY ITS DIRECTOR/ DELEGATE ARUNA W/O D.N.MANJUNATH AGE 36 YEARS. 27. MOTAMAKALAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., MOTAMAKALAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE M.P.NARAYANAREDDY S/O PEDDA VENKATARAYAPPA AGE 65 YEARS. 28. CHANDRAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., CHANDRAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE C.R.SHIVAREDDY S/O C.K.RAMAKRISHNA REDDY AGE 54 YEARS. 29. TINAKALLU MILK PRODUCER'S COOPERATIVE SOCIETY LTD., TINAKALLU VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE RATHNAMMA W/O NARAYANSWAMY AGE 67 YEARS. 30. KAPPALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, KAPPALLI VILLAGE, CHINTAMANI TALUK. CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE RAJANNA.K.V - 8 - NC: 2025:KHC:14562 WP No. 8599 of 2025 S/O VENKATRAMAPPA AGE 54 YEARS 31. LAKKEPALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, LAKKEPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE LAKSHMI DEVAMMA W/O VENKATA REDDY L.V AGE 60 YEARS 32. NEELLAPALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, NEELLAPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE YARAPPA REDDY.N S/O NARAYANREDDY.P AGE 60 YEARS 33. YERRAIAHGARIHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD YERRAIAHGARIHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE RAMACHANDRA REDDY S/O Y.RAMAREDDY AGE 63 YEARS 34. PANASACHOWDANAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, PANASACHOWDANAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE NANJUNDAPPA.N S/O LATE NARASHIMAPPA AGE 49 YEARS 35. KODIHALLI MILK PRODUCER'S COOPERATIVE - 9 - NC: 2025:KHC:14562 WP No. 8599 of 2025 SOCIETY LTD, KODIHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE NARASIMHAPPA S/O SRIRAM AGE 42 YEARS 36. CHIKKAPURA MILK PRODUCER'S COOPERATIVE SOCIETY LTD, CHIKKAPURA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE DEVA REDDY S/O ASHWATREDDY AGE 39 YEARS 37. K.HOSAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., K. HOSAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE GOWRAMMA W/O GOPALAINH AGE 49 YEARS 38. DODDAGANJURU MILK PRODUCER'S COOPERATIVE SOCIETY LTD, DODDAGANJURU VILLAGE, CHINTAMANI TALUK. CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE C. NARAYANSWAMY S/O CHOKKAPPA AGE 55 YEARS 39. BYRASANDRA MILK PRODUCER'S COOPERATIVE SOCIETY LTD, BYRASANDRA VILLAGE, - 10 - NC: 2025:KHC:14562 WP No. 8599 of 2025 CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE AMARAYNARAYANA REDDY S/O NARAYAN REDDY AGE 85 YEARS 40. B.VADDAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, B. VADDAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE V.N. VENKATESH S/O DODDANARAYAN SWAMY AGE 48 YEARS 41. M.GOLLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, M.GOLLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE VENKATESH S/O EGAVINTI KRISHNAPPA AGE 41 YEARS 42. GUDARLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, GUDARLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE MANJUNATH REDDY S/O VENKATA REDDY AGE 45 YEARS 43. G.BHATTALAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., G. BHATALAHALLI VILLAGE, CHINTAMANI TALUK, - 11 - NC: 2025:KHC:14562 WP No. 8599 of 2025 CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE NAVEENA B S/O BYRAREDDY AGE 33 YEARS 44. THIMASANDRA MILK PRODUCER'S COOPERATIVE SOCIETY LTD., THIMASANDRA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE T.N.MANJUNATHA S/O CHIKKANARAYANAREDDY T.V AGE 78 YEARS 45. DODDAKONDRAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., DODDAKONDRAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/DELEGATE SRINIVAS K.V S/O VENKATARAYAPPA AGE 61 YEARS 46. BATLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, BATLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE RAMASWAMY.B S/O BAYYANNA AGE 54 YEARS 47. GUDUMARLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, GUDUMARLHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE - 12 - NC: 2025:KHC:14562 WP No. 8599 of 2025 MANJUNATHA REDDY G.R S/O G.V RAMACHANDRA AGE 43 YEARS 48. YETIGADDAGOLLAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD, YETIGADDAGOLLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE Y.V. BYRAREDDY S/O VENKATARAYAPPA AGE 77 YEARS 49. JEEDARAHALLI MILK PRODUCER'S COOPERATIVE SOCIETY LTD., JEEDARAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563125 REPRESENTED BY ITS DIRECTOR/ DELEGATE R. NARAHARI S/O RAMACHNADRAPPA AGE 50 YEARS (THE PETITIONERS SOCIETY ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT- 1959) (PETITIONERS AGED ABOUT 65 YEARS HAS NOT CLAIMED SENIOR CITIZENSHIP BENEFIT) …PETITIONERS (BY SRI. GIRISH J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY. - 13 - NC: 2025:KHC:14562 WP No. 8599 of 2025 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR BANGALORE - 560027 REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT ELECTION OFFICER CHIKKABALLAPUR CHIKKABALLAPURA - 561207 4. RETURNING OFFICER CHIKKABALLAPUR DISTRICT COOPERATIVE UNION LTD., COOPERATIVE BHAVAN, NH 44, HAROBANDE CROSS CHIKKABALLAPUR DISTRICT - 562101. 5. CHIKKABALLAPUR DISTRICT COOPERATIVE UNION LTD., COOPERATIVE BHANVAN, NH 44, HAROBANDE CROSS CHIKKABALLAPUR DISTRICT - 562101. REPRESENTATED BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NOS.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE FOR C/R5 (CP5675/2025) SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS - 14 - NC: 2025:KHC:14562 WP No. 8599 of 2025 SCHEDULED TO BE HELD ON 23.03.2025 PROVIDED AT ANNX- B 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. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 15 - NC: 2025:KHC:14562 WP No. 8599 of 2025 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 of 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 of the above matter. iii) In the event of any proceeding being filed in relation to the results of the election under Section - 16 - NC: 2025:KHC:14562 WP No. 8599 of 2025 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 AMM List No.: 1 Sl No.: 8