Writ Petition No. 9946 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17112 WP No. 9946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9946 OF 2025 (CS-EL/M) BETWEEN: 1. H.M. VIJAYKUMAR, S/O MALLAPPA GOWDA, AGED ABOUT 48 YEARS, R/AT HETTHURU VILLAGE AND POST, HETTHURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 123. 2. K.D. SUNDARESH, S/O KRISHNEGOWDA, AGED ABOUT 50 YEARS, R/AT GULAGALALE VILLAGE AND POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 127. 3. BHAKTAVATSALAM, S/O MUTTAPPARAJ, AGED ABOUT 58 YEARS, R/AT SUNDEKERE VILLAGE AND POST, BELAGOODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 127. 4. T.M. RAJKUMAR, S/O Y.P. MALLAPPA, AGED ABOUT 55 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17112 WP No. 9946 of 2025 R/AT CHAMPAKANAGARA, SAKALESHPURA TOWN AND TALUK, HASSAN DISTRICT – 573 134. 5. C.M. YOGENDRAGOWDA, S/O MANJE GOWDA, AGED ABOUT 60 YEARS, R/AT CHIKKANDURU VILLAGE, UCHHANGI POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 137. 6. J.K. GURAPPA, S/O KENCHAPPA, AGED ABOUT 58 YEARS, R/AT AREHALLI VILLAGE AND POST, BELUR TALUK, HASSAN DISTRICT – 573 101. 7. M.B. VISHWANATH, S/O BASAVARAJU, AGED ABOUT 50 YEARS, R/AT HADIGE VILLAGE AND POST, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 165. 8. N.M. NAGARAJ, S/O MAHALAKSHMIGOWDA, AGED ABOUT 60 YEARS, R/AT NALULLI VILLAGE, SHUKRAVARASANTHE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134. - 3 - NC: 2025:KHC:17112 WP No. 9946 of 2025 9. PADMAPPA, S/O HONNAPPA POOJARI, AGED ABOUT 60 YEARS, R/AT HOSURU VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134. 10. A.P. NAGARAJ, S/O. A.T. PUTTASWAMYGOWDA, AGED ABOUT 42 YEARS, R/AT ADALAGERE VILLAGE, NADIGERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 572 223. 11. K.R. DAYANAND, W/O Y.K. RAMEGOWDA, AGED ABOUT 57 YEARS, R/AT KALALE VILLAGE, HOSURU POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 137. 12. S.D. KIRAN, S/O DURGESH, AGED ABOUT 55 YEARS, R/AT ACHANGI VILLAGE AND POST, KASABA HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 127. 13. H.N. MAHESH, S/O H.G. NANJEGOWDA, AGED ABOUT 56 YEARS, R/AT HEGGARAVALLI VILLAGE, HURUDI POST, - 4 - NC: 2025:KHC:17112 WP No. 9946 of 2025 HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 577 132. 14. SURESH H.N, S/O NANJAPPASHETTI, AGED ABOUT 48 YEARS, R/AT HANUBALU VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 165. 15. H.S. DEVENDRA, S/O SHIVAPPAGOWDA, AGED ABOUT 59 YEARS, R/AT HURUDI VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 577 123. 16. H.R. RAJAPPA, S/O RUDRAPPA, AGED ABOUT 59 YEARS, R/AT HURUDI VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 577 123. 17. A.M. RAVI, S/O A.K. MANJEGOWDA, AGED ABOUT 40 YEARS, R/AT ADARAGERE VILLAGE, NIDIGERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 18. L. KANTHARAJU, S/O. LAKSHMANACHARYA, - 5 - NC: 2025:KHC:17112 WP No. 9946 of 2025 AGED ABOUT 40 YEARS, R/AT GOWDARA BAYALU VILLAGE, NIDIGERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 19. M.H. MANJUNATHA, S/O HUCHHASHETTY, AGED ABOUT 58 YEARS, R/AT HANUBALU VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 20. SHIVARAJKUMAR, S/O HONNARAJU, AGED ABOUT 45 YEARS, R/AT DODDNAHALLI VILLAGE, NIDIGERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 21. H.P. GIRISH, S/O H.S. PUTTEGOWDA, AGED ABOUT 48 YEARS, R/AT MAGERI VILLAGE, GODDU POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 22. N.A. NAGESH, W/O APPANNAGOWDA, AGED ABOUT 50 YEARS, R/AT NALLULLI VILLAGE, SHUKRAVARASANTHE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134. - 6 - NC: 2025:KHC:17112 WP No. 9946 of 2025 23. HIRANNAIAH H.L, S/O H.K. SANNAPPAGOWDA, AGED ABOUT 56 YEARS, R/AT HADIGE VILLAGE AND POST, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 165. 24. MOHAN S.C, S/O CHINNAPPA, AGED ABOUT 35 YEARS, R/AT SULLAKKI VILLAGE, AREKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 25. SANTHOSHKUMAR G.R, S/O H.D. RAMEGOWDA, AGED ABOUT 55 YEARS, R/AT GULAGALALE VILLAGE AND POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 127. 26. BASAVARAJ H.M, S/O MANJAPPASHETTI, AGED ABOUT 60 YEARS, R/AT HADIGE VILLAGE AND POST, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT -573 165. 27. KUSHALRAJ H.B, S/O H.P. BASAVARAJU, AGED ABOUT 45 YEARS, R/AT HALLIYURU VILLAGE, - 7 - NC: 2025:KHC:17112 WP No. 9946 of 2025 HUCHHANGI POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 28. M.N.ODAIAH, S/O G.M. NANJAPPAGOWDA, AGED ABOUT 59 YEARS, R/AT BALUPETE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 29. PARVATHAMMA, W/O VINODH, AGED ABOUT 58 YEARS, R/AT LAKUNDHI VILLAGE, HUCHHANGI POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 30. K.S. DEVARAJ, S/O K. SIDDAPPA, AGED ABOUT 45 YEARS, R/AT KYAMANAHALLI VILLAGE, BELLEKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 31. G.R. KARUNAKARA, S/O RAAJEGOWDA, AGED ABOUT 58 YEARS, R/AT BALUPETE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT. - 8 - NC: 2025:KHC:17112 WP No. 9946 of 2025 32. G.H. ANILKUMAR, S/O HOOVANNAGOWDA, AGED ABOUT 55 YEARS, R/AT HULUGALALE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 123. 33. B.S. PAPANNA, S/O SIDDEGOWDA, AGED ABOUT 59 YEARS, R/AT LAKSHMIPURA VILLAGE, HADLAHALLI POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 34. BEEJU M.J, S/O JOSEPH M.M, AGED ABOUT 45 YEARS, R/AT BELLEKERE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 576. 35. M.B. CHANDRAPPA, S/O BASAVEGOWDA, AGED ABOUT 55 YEARS, R/AT BALUPETE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 36. SATHISH J, S/O JAVAREEGOWDA, AGED ABOUT 50 YEARS, R/AT BAGE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT. - 9 - NC: 2025:KHC:17112 WP No. 9946 of 2025 …PETITIONERS 37. H.P. HEMARAJ, S/O PUTTASWAMYGOWDA, AGED ABOUT 49 YEARS, R/HUCHHANGI VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT. 38. M.P. GIRISH, S/O B.S. PUTTASWAMYGOWDA, AGED ABOUT 50 YEARS, R/AT BYAGADIHALLI VILLAGE, YENAGURU POST, SAKALESHPURA TALUK, HASSAN DISTRICT.
Legal Reasoning
(BY SRI. ABHIJITH M.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA CO-OPERATIVE ELECTION AUTHORITY, 2ND FLOOR, SHANTINAGARA BUS STOP, T.T.M.C. 'A' BLOCK, BENGALURU - 560 027. REPRESENTED BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, - 10 - NC: 2025:KHC:17112 WP No. 9946 of 2025 MYSORE ZONE, PUBLIC OFFICE BUILDING, NEW SAYYAJIRAO ROAD, MYSORE – 570 024. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY (ELECTION OFFICER), JANATHA BAZAR BUILDING, KUVEMPU NAGAR, HASSAN – 573 201. 5. THE RETURNING OFFICER, EX-SERVICEMAN'S MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SAKALESHPURA, HEMAVATHI COMPLEX, OPPOSITE OLD BUSSTAND, SAKALESHPURA TALUK, HASSAN DISTRICT – 573. 6. EX-SERVICEMAN'S MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., SAKALESHPURA, HEMAVATHI COMPLEX, OPPOSITE OLD BUSSTAND, SAKALESHPURA TALUK, HASSAN DISTRICT – 573. REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R3 TO R5; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; R6 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NON- ELIGIBLE VOTERS LIST OF EX-SERVICEMANS MULTIPURPOSE - 11 - NC: 2025:KHC:17112 WP No. 9946 of 2025 CO-OPERATIVE SOCIETY LIMITED SAKALESHPURA, DECLARED BY THE RESPONDENT NO. 3 TO 6 VIDE ANNEXURE-C 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 1 W.P.No.8502/2022 dated 7.6.2022 - 12 - NC: 2025:KHC:17112 WP No. 9946 of 2025 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)
Decision
ORDER The Writ Petition is disposed of. 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. - 13 - NC: 2025:KHC:17112 WP No. 9946 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 VS List No.: 1 Sl No.: 13