Writ Petition No. 11082 of 2025 · The High Court

Case Details

- 1 - NC: 2025:KHC:17098 WP No. 11082 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. 11082 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. JYOTHI, W/O.TIPPESHAPPA, AGED ABOUT 29 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.604 2. SHANTHAVEERAPPA, S/O.RANGAPPA, AGED ABOUT 47 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.259 3. ESHWARAPPA.B.M, S/O.PARAJI MARULAPPA, AGED ABOUT 52 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.265

Legal Reasoning

4. SMT.CHANDRAMMA, W/O.ESHWARAPPA.B.M., AGED ABOUT 48 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO. 288. 5. BASAVARAJAPPA, S/O.MALLAIAH, AGED ABOUT 63 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.295. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17098 WP No. 11082 of 2025 6. SMT. RENUKAMMA, W/O.CHANDRAPPA, AGED ABOUT 50 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.296. 7. BASSAPPA, S/O.SEERANNA, AGED ABOUT 60 YEARS, CHIKKABALASUSU, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.316 8. HANUMANTHAPPA, S/O CHOWDAPPA, AGED ABOUT 54 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO. 339. 9. SMT. CHANDRAMMA, W/O. MUTHAPPA, AGED ABOUT 46 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO. 484. 10. SMT. PUSHPAVATHI, D/O MEENAKSHAMMA, AGED ABOUT 43 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO. 490. 11. SMT.OMKARAMMA, W/O.GIRIRAJAPPA, AGED ABOUT 44 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.491 12. SMT.GOWRAMMA, W/O.MUDALAGIRIYAPPA, AGED ABOUT 51 YEARS, - 3 - NC: 2025:KHC:17098 WP No. 11082 of 2025 AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.493 13. SMT.BHAGYA, W/O.RAJAPPA, AGED ABOUT 39 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.494. 14. SMT.PREMA, W/O.MARULUSIDDAPPA, AGED ABOUT 45 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.497. 15. SMT.SAROJAMMA, W/O.RUDRESH, AGED ABOUT 57 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.499. 16. SMT. LALITHAMMA, W/O.OMKARAIAH, AGED ABOUT 56 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO. 501. 17. SMT. JAYAMMA, W/O.JAYANNA, AGED ABOUT 52 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.505. 18. SMT.RAJAMMA, W/O.RUDRAPPA, AGED ABOUT 59 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.507. - 4 - NC: 2025:KHC:17098 WP No. 11082 of 2025 19. YUVARAJAPPA.B.K., KADMALAPPA, AGED ABOUT 51 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.596. 20. GOVINDAPPA, S/O.GUDUDAPPA, AGED ABOUT 46 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.607. 21. SMT.SHARADAMMA, W/O.LOKESHAPPA, AGED ABOUT 52 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.608. 22. PRAKASH.B.S., S/O.SIDDARAMAPPA, AGED ABOUT 41 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.644. 23. RAMAPPA, S/O.NINGAPPA, AGED ABOUT 44 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.662. 24. PRAKASH.A.R., S/O.RANGAPPA, AGED ABOUT 42 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.670. 25. RANGANATH.G.H., S/O.HALESHAPPA, AGED ABOUT 56 YEARS, G K HALLI, KADUR TALUK, - 5 - NC: 2025:KHC:17098 WP No. 11082 of 2025 CHIKAMAGALUR. MEMBERSHIP NO.672. 26. SMT.PUSHPAVATHI, W/O.CHANNABASSAPPA, AGED ABOUT 48 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.795. 27. HANUMANTHAPPA.J., S/O.GOVINDAPPA, AGED ABOUT 59 YEARS, G K HALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.977 28. SMT.SUVARNAMMA.A.R., W/O.VENKATESHAPPA, AGED ABOUT 49 YEARS, CHIKKABASURU, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.981. 29. SURESH, S/O.MALLAPPA, AGED ABOUT 40 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.988. 30. SHIVAMURTHI.B.R., S/O. RAMMAPPA, AGED ABOUT 50 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.990. 31. DEVARAJAIAH A.V., S/O. VEERIAH, AGED ABOUT 60 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.993. 32. OMKARAIAH, S/O. ESHWARAIAH, - 6 - NC: 2025:KHC:17098 WP No. 11082 of 2025 AGED ABOUT 55 YEARS, AREHALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.996. 33. NIJAGUNAPPA, S/O. MARULAPPA, AGED ABOUT 62 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.997. 34. THIPPESHAPPA, S/O. BASAPPA, AGED ABOUT 43 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO. 1007 35. HANUMANTHAMMA, W/O. MALLAPPA, AGED ABOUT 59 YEARS, G.K. HALLI, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.650. 36. PRATHIBA B.N., W/O. HANNAPPA, AGED ABOUT 43 YEARS, BISILERE, KADUR TALUK, CHIKAMAGALUR. MEMBERSHIP NO.982. (BY SRI SAILESH S KATAREY, ADVOCATE) …PETITIONERS AND: THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY. 1. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H ROAD, - 7 - NC: 2025:KHC:17098 WP No. 11082 of 2025 SHANTHINAGAR, BANGALORE-560 027. REP. BY ITS SECRETARY. 3. THE PRIMARY AGRICULTURAL CREDIT CO-OPERATVIE SOCEITY LTD., BISLERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU-577 116. REP. BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIEITIES ACT, 1959. 4. THE RETURNING OFFICER, THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BISLERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU-577 116. (BY SRI YOGESH D NAIK, AGA FOR R-1 & R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2) …RESPONDENTS THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT 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.2-36 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. THIS PETITION, COMING ON FOR ORDERS, 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 - 8 - NC: 2025:KHC:17098 WP No. 11082 of 2025 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 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. 1 W.P.No.8502/2022 dated 7.6.2022 - 9 - NC: 2025:KHC:17098 WP No. 11082 of 2025 4. In that view of the matter, I pass the following:

Decision

ORDER i. ii. 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. 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.: 23