Writ Petition No. 9202 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16200 WP No. 9202 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. 9202 OF 2025 (CS-EL/M) BETWEEN: 1. NAGAMMA W/O VENKATESH AGED ABOUT 66 YEARS SHARE NO.58/2 2. VENKATESH S/O BYRAPATTANA TIMAIAH AGED ABOUT 76 YEARS SHARE NO.66/2 3. K V SHIVANNA S/O K M VEERAIAH AGED ABOUT 62 YEARS SHARE NO.189/2 4. K S YOGANANDA S/O S SHIVALINGAIAH AGED ABOUT 44 YEARS SHARE NO.159/3 5. 6. JAYAMMA W/O VEERAPPA AGED ABOUT 64 YEARS SHARE NO.4/4 PUTRAMMA W/ KRISHNASHETTY AGED ABOUT 66 YEARS SHARE NO.20/4 7. K R SATYANANDA S/O LATE RAMASHETTY AGED ABOUT 67 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.49/4 8. K T NAGARAJU S/O TAMMEGOWDA AGED ABOUT 72 YEARS SHARE NO.91/4 9. VIJAYA W/O LATE NATHEGOWDA AGED ABOUT 66 YEARS SHARE NO.94/4 10. K N SOMASHEKHARA S/O LATE NATHEGOWDA AGED ABOUT 36 YEARS SHARE NO.95/4 11. S N PUSHPARANI W/O K V MANCHEGOWDA AGED ABOUT 40 YEARS SHARE NO.6/6 12. SUMA P W/O KALAMMANA NAGESH AGED ABOUT 46 YEARS SHARE NO.26/6 13. KUMAR S/O NAGRAJU (GONAGI KEMPEGOWDA) AGED ABOUT 45 YEARS SHARE NO.28/6 14. JAYALAKSHMI W/O CHANDRU AGED ABOUT 57 YEARS SHARE NO.53/6 15. UMA W/O K R RAMESH AGED ABOUT 48 YEARS SHARE NO.68/6 16. BHAGYAMMA W/O KUNTEGOWDA AGED ABOUT 71 YEARS - 3 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.198/8 17. K B NAGARAJU S/O BILIGOWDA AGED ABOUT 51 YEARS SHARE NO.112/6 18. D SHIVARAMU S/O DODDA LINGAIAH AGED ABOUT 54 YEARS SHARE NO.137/6 19. D SHANKARA S/O DODDA LINGAIAH AGED ABOUT 57 YEARS SHARE NO.138/6 20. K T SHASHIKALA W/O C CHANDRU AGED ABOUT 55 YEARS SHARE NO.140/6 21. K S AMULYA W/O K S SHANKAR AGED ABOUT 43 YEARS SHARE NO.147/6 22. K R SWAMY S/O RAMEGOWDA AGED ABOUT 59 YEARS SHARE NO.156/6 23. K N NAVEEN S/O GONAGI NAGARAJU AGED ABOUT 43 YEARS SHARE NO.166/6 24. KALASWAMY S/O K R SWAMY AGED ABOUT 49 YEARS SHARE NO.167/6 25. C B ARUNA W/O K M SHANARE GOWDA AGED ABOUT 50 YEARS - 4 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.197/6 26. MAHADEVAMMA W/O MARIGOWDA AGED ABOUT 63 YEARS SHARE NO.198/6 27. K S RASHMI W/O SOMASHEKHARA AGED ABOUT 38 YEARS SHARE NO.200/6 28. NATESH S/O K S VEERAPPA AGED ABOUT 45 YEARS SHARE NO.6/7 29. AMRUTA K K W/O K V NATESH AGED ABOUT 50 YEARS SHARE NO.7/7 30. E RAVI S/O KUNDIREGOWDA EREGOWDA AGED ABOUT 56 YEARS SHARE NO.10/7 31. BHARATI W/O E RAVI AGED ABOUT 47 YEARS SHARE NO.11/7 32. SUMANT S/O MADEGOWDA AGED ABOUT 40 YEARS SHARE NO.28/7 33. M MAMATA W/O K R KRISHNA AGED ABOUT 40 YEARS SHARE NO.29/7 34. K R NAGARAJU S/O GENTE KUNTNA RAMEGOWDA AGED ABOUT 64 YEARS - 5 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.32/7 35. K C NAGENDRA S/O LATE CHANNEGOWDA AGED ABOUT 51 YEARS SHARE NO.44/7 36. KUMAR S/O MAHADEVASHETTY AGED ABOUT 37 YEARS SHARE NO.70/7 37. YASHODHAMMA W/O RAMAIAH AGED ABOUT 60 YEARS SHARE NO.74/7 38. MEGHASHREE K G W/O K C SHREE HARSHA AGED ABOUT 31 YEARS SHARE NO.75/7 39. K C RAJASHEKHARA S/O LATE K CHOWDAIAH AGED ABOUT 59 YEARS SHARE NO.77/7 40. S S PUSHPALATA W/O S R KUMAR AGED ABOUT 37 YEARS SHARE NO.86/7 41. PRABHAKARA S/O PUTTASWAMACHARI AGED ABOUT 67 YEARS SHARE NO.104/7 42. SHANTAMMA W/O MANJEGOWDA AGED ABOUT 55 YEARS SHARE NO.113/7 43. LAKSHMI W/O LATE SHEKHAR AGED ABOUT 52 YEARS - 6 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.115/7 44. K K RAJESH S/O KUNTEGOWDA AGED ABOUT 38 YEARS SHARE NO.115/7 45. K S PUNEETA W/O YOGANANDA K S AGED ABOUT 36 YEARS SHARE NO.122/7 46. K S SANTHOSHA S/O LATE SHIVANNA AGED ABOUT 38 YEARS SHARE NO.159/7 47. PUSHPA W/O PAPANNA AGED ABOUT 53 YEARS SHARE NO.179/7 48. R ROOPA W/O K M MANCHAPPA AGED ABOUT 36 YEARS SHARE NO.185/7 49. GOWRAMMA W/O RANGASHETTY AGED ABOUT 77 YEARS SHARE NO.189/7 50. H S VEENA W/O K V RAVEENDRA AGED ABOUT 36 YEARS SHARE NO.18/8 51. RAVI S/O VENKATSHETTY AGED ABOUT 40 YEARS SHARE NO.23/8 52. K V PRASHANTA S/O VENKATASHETTY AGED ABOUT 38 YEARS - 7 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.39/8 53. K N SAGAR S/O NARASIMHEGOWDA AGED ABOUT 30 YEARS SHARE NO.60/8 54. K N SHART KUMAR S/O NARASIMHEGOWDA AGED ABOUT 35 YEARS SHARE NO.61/8 55. K S VEENUTA W/O SIDDARAJU AGED ABOUT 34 YEARS SHARE NO.68/8 56. SHIVARAJU K T W/O TIMMEGOWDA AGED ABOUT 34 YEARS SHARE NO.69/8 57. TIMMEGOWDA S/O SIDDEGOWDA AGED ABOUT 60 YEARS SHARE NO. 71/8 58. NAGAMMA W/O TIMMEGOWDA AGED ABOUT 60 YEARS SHARE NO. 72/8 59. RACHANA AGED ABOUT 27 YEARS W/O B MALLESHA SHARE NO.99/8 60. PREMA K W/O K C SHANKAR AGED ABOUT 49 YEARS SHARE NO. 10/G8 61. PAVITHRA W/O SOMASHEKARA AGED ABOUT 38 YEARS - 8 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO. 36/G8 62. GIRIJA C N W/O K H SHIVASHANKARA AGED ABOUT 41 YEARS SHARE NO. 44/G8 63. PREMA W/O CHIKKASHETTY AGED ABOUT 54 YEARS SHARE NO.48/G8 64. SHANTAMMA W/O LATE CHANNASHETTY AGED ABOUT 77 YEARS SHARE NO. 48/G8 65. REKHA W/O BAAARAJASHETTY AGED ABOUT 45 YEARS SHARE NO. 49/G8 66. LAKSHMAMMA W/O NARAYANASHETTY AGED ABOUT 77 YEARS SHARE NO. 52/G8 67. SAVITHRAMMA W/O KEMPASHETTY AGED ABOUT 62 YEARS SHARE NO. 54/G8 68. RATHNA W/O BETTASHETTY AGED ABOUT 46 YEARS SHARE NO. 59/G8 69. MANASA W/O SOMAHSHEKARA AGED ABOUT 40 YEARS SHARE NO.58/G8 70. YASHODAMMA W/O VENKATASHETTY AGED ABOUT 59 YEARS - 9 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO.65/G8 71. SHOBHA W/O GURUMURTHY AGED ABOUT 44 YEARS SHARE NO. 69/G8 72. YASHODAMMA W/O MALLI CHANNEGOWDA AGED ABOUT 73 YEARS SHARE NO.71/G8 73. SUJATA W/O NARAYANASHETTY AGED ABOUT 58 YEARS, SHARE NO 74/G8 74. G B ANITHA W/O K M CHANDRA AGED ABOUT 48 YEARS, SHARE NO 75/G8 75. RENUKAA W/O VENKATESH AGED ABOUT 50 YEARS, SHARE NO 85/G8 76. SARASWATHI W/O VENKATESH AGED ABOUT 39 YEARS, SHARE NO 87/G8 77. SHOBHA W/O NARASIMHA AGED ABOUT 47 YEARS, SHARE NO 90/G8 78. RENUKA W/O GANGAYYA AGED ABOUT 52 YEARS, SHARE NO 91/G8 79. SHEELA K S W/O SHIVASHANKARA K AGED ABOUT 3 YEARS, - 10 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO 92/G8 80. CHINATAMANI W/O CHENNAMALLASHETTY AGED ABOUT 50 YEARS, SHARE NO 95/G8 81. MANGALA W/O MAHADEVA K P AGED ABOUT 65 YEARS, SHARE NO 107/G8 82. SHARADAMMA W/O CHAMASHETTY AGED ABOUT 76 YEARS, SHARE NO 13/G8 83. BHAGYAMMA W/O MALLASHETTY AGED ABOUT 52 YEARS, SHARE NO 131/G8 84. SOUBHAGYAMMA W/O RAMACHANDRASHETTY AGED ABOUT 65 YEARS, SHARE NO 135/G8 85. SAROJAMMA W/O K B RAMAKRUSHNEGOWDA AGED ABOUT 5 YEARS, SHARE NO 142/G8 86. U R MANGALA W/O CHANDRASHEKARA K AGED ABOUT 62 YEARS, SHARE NO 147/G8 87. K J SHRUTHI W/O ASHOK K C AGED ABOUT 38 YEARS SHARE NO. 158/G8 88. SHOBHA H S W/O K R SHIVARAMU AGED ABOUT 49 YEARS - 11 - NC: 2025:KHC:16200 WP No. 9202 of 2025 SHARE NO. 187/G8 89. JAYALAKSHMI W/O CHIKKARAJU AGED ABOUT 57 YEARS SHARE NO. 189/G8 90. SARASWATI W/O NAGANNA AGED ABOUT 44 YEARS SHARE NO. 19/G8 91. SHIVAKUMAR K S/O K M KEMPAIAH AGED ABOUT 58 YEARS SHARE NO. 48/3 92. K. SOMASHEKHAR S/O K M KEMPAIAH AGED ABOUT 60 YEARS SHARE NO. 48/3 ALL ARE MEMBERS OF PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD, KILARA, KILARA VILLAGE, KERAGODU HOBLI MANDYA TALUK, MANDYA DISTRICT-571450
Legal Reasoning
(BY SRI. KRISHNA KUMAR K K.,ADVOCATE) …PETITIONERS AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO OPERATIVE ELECTION AUTHORITY - 12 - NC: 2025:KHC:16200 WP No. 9202 of 2025 3RD FLOOR TTMC A BLOCK K H ROAD SHANTINAGAR BANGALORE 560027 REP BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA DISTRICT 571 401 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA SUB DIVISION MANDYA TALUK MANDYA DISTRICT 571 401 5. CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD., KEELARA VILLAGE MANDYA TALUK MANDYA DISTRICT 571 450 (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) 6. RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD., KEELARA VILLAGE MANDYA TALUK MANDYA DISTRICT 571 450 (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) (BY SRI.YOGESH D. NAIK., AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. H.C. SHIVARAMU., ADVOCATE FOR R5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE - 13 - NC: 2025:KHC:16200 WP No. 9202 of 2025 PETITIONERS TO CONTEST AND VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 29.03.2025 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 - 14 - NC: 2025:KHC:16200 WP No. 9202 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. 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. - 15 - NC: 2025:KHC:16200 WP No. 9202 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 time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 101