Writ Petition No. 11120 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17089 WP No. 11120 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. 11120 OF 2025 (CS-EL/M) BETWEEN: 1. BHARATHI E., W/O. DEVRAJAPPA, AGED ABOUT 59 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 277 2. PARAMESHWARAPPA, S/O. CHAUDAPPA, AGED ABOUT 38 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 254 3. RUDRAPPA, S/O.HALAPPA, AGED ABOUT 42 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 257 4. RAJASEKHARAPPA, S/O. PARAJJI MARULAPPA, AGED ABOUT 46 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 264 5. MAHESHWARAMMA, W/O. BASAVARAJAPPA, AGED ABOUT 51 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR - 577116. MEMBERSHIP NO. 282 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17089 WP No. 11120 of 2025 6. RATNAMMA, W/O. RAJASEKHARAPPA B, AGED ABOUT 60 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116. MEMBERSHIP NO. 289 7. RATNAMMA, W/O. SHIVAPPA, AGED ABOUT 43 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116. MEMBERSHIP NO. 335 8. VASANTHKUMAR, W/O. KUMARAРРА, AGED ABOUT 45 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 375 9. MADAMMA C.Н., S/O. BASAVARAJAPPA, AGED ABOUT 64 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 432 10. LOKESHAPPA, S/O. CHAUDAPPA, AGED ABOUT 67 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 438 11. NANJUNDAIAH, S/O. GURU BASAVAIAH, AGED ABOUT 63 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 441 12. RAGHAVENDRA, S/O. RAMACHANDRAPPA, AGED ABOUT 59 YEARS, R/A. BISILERE, KADUR, - 3 - NC: 2025:KHC:17089 WP No. 11120 of 2025 CHIKMAGALUR-577116 MEMBERSHIP NO. 440 13. MALLESHAPPA S/O SIDDARAMAPPA, AGED ABOUT 43 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116 MEMBERSHIP NO. 450 14. SIDDARAMAPPA S/O BASAPPA AGED ABOUT 40 YEARS, R/A. BASURU, KADUR TALUK. CHIKKAMAGALURU 577116. MEMBERSHIP NO. 454
Legal Reasoning
15. SRIKANTHAРРА, S/O. HANUMANTHAPPA, AGED ABOUT 43 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 456 16. RATHNAMINA, W/O. RAJASEKHARAPPA, AGED ABOUT 45 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU-577116. MEMBERSHIP NO. 479 17. RATHNAM, W/O. MARULAPPA, AGED ABOUT 44 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU-577116. MEMBERSHIP NO. 480 18. JAYAMMA, W/O. RAKESH, AGED ABOUT 47 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU, MEMBERSHIP NO. 496 19. RENUKAMMA, W/O. CHANNABASAVAIAH, - 4 - NC: 2025:KHC:17089 WP No. 11120 of 2025 AGED ABOUT 46 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 506 20. KANTAMMA, W/O. YOGEESHAPPA, AGED ABOUT 53 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 508 21. PRASANNA B.M., S/O. MALLAPPA, AGED ABOUT 54 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 510 22. SHIVAMURTHY, S/O. VENKATESHAPPA, AGED ABOUT 50 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 534 23. CHANDRASEKHARAIAH, S/O.CHANNAPPA, AGED ABOUT 51 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 550 24. GOWRAMMA, W/O. SHIVAMURTHY, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 551 25. RANGAPPA, S/O. MARULAPPA, AGED ABOUT 43 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 562 - 5 - NC: 2025:KHC:17089 WP No. 11120 of 2025 26. SHANTAMMA, W/O. RANGAPPA А. М., AGED ABOUT 41 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 563 27. LIKHIT KUMAR, S/O. RANGAPPA A. M., AGED ABOUT 43 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 564 28. SMT.SHAMBAVI, W/O. LIKHIT KUMAR, AGED ABOUT 57 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 565. 29. PRABHULINGAPPA B.N., S/O. NANJUNDAPPA, AGED ABOUT 44 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 566 30. SHARADAMMA, W/O. CHANDRAMMA, AGED ABOUT 49 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 571 31. BHAVANA, W/O. BHUBANESWAR, AGED ABOUT 48 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 573 32. KARIYAPPA, S/O. RANGAPPA, AGED ABOUT 44 YEARS, R/A. GK HALLI, KADUR TALUK, - 6 - NC: 2025:KHC:17089 WP No. 11120 of 2025 CHIKKAMAGALURU 577116. MEMBERSHIP NO. 580 33. RAJAPPA, S/O.DODDAIAH, AGED ABOUT 46 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 583 34. MALLAMMA, W/O. MALLESHAPPA, AGED ABOUT 42 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 597 35. LOHITASHVA, S/O. MALLESHAPPA, AGED ABOUT 53 YEARS, R/A. CHIKKABASUR, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 598 36. MARULAIAH, W/O. RUDRAYYA, AGED ABOUT 50 YEARS, R/A. AREHALLI, KADUR TALUK, C HIKKAMAGALURU - 577116. MEMBERSHIP NO. 601 37. NANJUNDASWAMY, S/O. MARULAYYA, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 603 38. TIPPESHAMMA, W/O. NINGARAJAPPA, AGED ABOUT 54 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 614 39. MADHU G.D., W/O.DODDAIAH, - 7 - NC: 2025:KHC:17089 WP No. 11120 of 2025 AGED ABOUT 58 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 621 40. LEPAKSHA G.R., S/O. RANGAPPA, AGED ABOUT 46 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 633 41. RAMAPPA, W/O. HALAPPA, AGED ABOUT 45 YEARS, R/A. BISILERE, KADUR CHIKMAGALUR - 577116. MEMBERSHIP NO. 656 42. SIDDARAMAMMA, W/O. SHIVRUDRAPPA, AGED ABOUT 53 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 687 43. KARIAPPA, S/O. THIMMAPPA, AGED ABOUT 52 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 696 44. OMKARAMMA, W/O. CHANDRAPPA, AGED ABOUT 40 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 697 45. SHANKARAPPA, S/O. MALLAPPA, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 709 - 8 - NC: 2025:KHC:17089 WP No. 11120 of 2025 46. RENUKAPPA, W/O. ESHWARAPPA. AGED ABOUT 43 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 714 47. HANUMANTHAPPA, S/O. THIMAYU, AGED ABOUT 44 YEARS, R/A. GK HALLI, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 717 48. MAULESH, S/O. CHANDRASEKHARAPPA, AGED ABOUT 55 YEARS, R/A. BASURU, KADUR TALUK, CHIKKAMAGALURU 577116. MEMBERSHIP NO. 720 49. AMBIKA, D/O. JAYAMMA, AGED ABOUT 48 YEARS, R/A. AADIGERE, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 728 50. DHANALAKSHMI, W/O. KALLESAPPA, AGED ABOUT 40 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 736 51. BASAVARAJA T., S/O. THIMMAPPA, AGED ABOUT 50 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 737 52. SHASHIDHAR A.N., S/O. NEELKANTHAPPA, AGED ABOUT 52 YEARS, R/A. AREHALLI, KADUR TALUK, - 9 - NC: 2025:KHC:17089 WP No. 11120 of 2025 CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 747 53. VENKATESH BHOVI, S/O.PUTTA BHOVI, AGED ABOUT 57 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 755 54. SANNA THIMMAIAH, S/O.BHUTHANNA, AGED ABOUT 48 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 757 55. MYLARAPPA, S/O. THIMMANNA, AGED ABOUT 42 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 761 56. HANUMANTHAPPA, S/O. THIMMAPPA, AGED ABOUT 41 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 762 57. SIDDARAMAPPA, S/O. KARIAPPA, AGED ABOUT 53 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU-577116. MEMBERSHIP NO. 763 58. KARIAPPA, S/O. VAGAMALLAPPA, AGED ABOUT 51 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU -577116. MEMBERSHIP NO. 764 59. HANUMANTHAPPA, S/O. THIMMAPPA, - 10 - NC: 2025:KHC:17089 WP No. 11120 of 2025 …PETITIONERS AGED ABOUT 68 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 767 60. RANGAPPA, S/O. RANGASWAMY, AGED ABOUT 57 YEARS, R/A. BISILERE, KADUR, CHIKMAGALUR-577116. MEMBERSHIP NO. 776 61. SIDDARAMAPPA, S/O. BASAPPA, AGED ABOUT 47 YEARS, R/A. AREHALLI, KADUR TALUK, CHIKKAMAGALURU - 577116. MEMBERSHIP NO. 819 (BY SRI. SAILESH S KATAREY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BISLERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU -577116, REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., - 11 - NC: 2025:KHC:17089 WP No. 11120 of 2025 BISLERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU-577116. (BY SRI. YOGESH D.NAIK., AGA FOR R1.,ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED PRAYING TO ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE B AND PERMIT THE PETITIONER NO.1 TO CONTEST AND PETITIONER NO.2-61 TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 12-04-2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED 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 after considering the matter in detail come to a 1 W.P.No.8502/2022 dated 7.6.2022 - 12 - NC: 2025:KHC:17089 WP No. 11120 of 2025 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: 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 - 13 - NC: 2025:KHC:17089 WP No. 11120 of 2025 votes cast by the petitioners in the above matter. 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 SR, List No.: 1 Sl No.: 25