Writ Petition No. 11243 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17090 WP No. 11243 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. 11243 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. S MURALIDHAR AGED ABOUT 50 YEARS, S/O S SHIVARAMU, 2. SRI M C KRISHNAIAH AGED ABOUT 60 YEARS, S/O CHANNAIAH, 3. SMT PUTTALINGAMMA AGED ABOUT 75 YEARS, W/O PIDDE KUCCHAIAH, 4. SMT MAMATHA KUMARI K C AGED ABOUT 38 YEARS, W/O K C LOKESH, 5. SRI MAHADEVU AGED ABOUT 61 YEARS, S/O MADHAIAH, 6. SMT YASHODAMMA AGED ABOUT 80 YEARS, W/O MADHAIAH, 7. SRI M E CHANDRASHEKAR AGED ABOUT 52 YEARS, S/O ERAIAH, 8. SMT MARIYAMMA AGED ABOUT 61 YEARS, W/O BASAVAIAH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17090 WP No. 11243 of 2025 9. SMT KEMPAMMA AGED ABOUT 39 YEARS, W/O SHIVALINGAIAH, 10. SMT M B NANDA AGED ABOUT 48 YEARS, W/O Y M KRISHNAPPA, 11. SMT M L RUKMINI AGED ABOUT 65 YEARS, W/O J B BASAVARAJU, 12. SMT PUTTAMMA AGED ABOUT 39 YEARS, W/O NALINGAIAH, 13. SMT SAROJAMMA AGED ABOUT 70 YEARS, S/O MAYIGOWDA,
Legal Reasoning
14. SRI BOREGOWDA AGED ABOUT 71 YEARS, S/O MADDAIAH, 15. SRI SHIVALINGA AGED ABOUT 49 YEARS, S/O B MADHAIAH, 16. SRI HITESH M B AGED ABOUT 49 YEARS, S/O BOGEGOWDA, 17. SRI RAVI AGED ABOUT 40 YEARS, S/O ELUMALLE, 18. SRI MUNIYA AGED ABOUT 38 YEARS, S/O MUTTAIAH, 19. SMT KANNAMMA AGED ABOUT 55 YEARS, S/O GOPAL, - 3 - NC: 2025:KHC:17090 WP No. 11243 of 2025 20. SRI M CHUNCHAIAH AGED ABOUT 67 YEARS, S/O GAVISIDDAIAH @ MUGAIAH, 21. SRI J NAGARAJU AGED ABOUT 49 YEARS, S/O JAVARAPPA, 22. SMT. SAROJAMMA AGED ABOUT 50 YEARS, W/O MARIGOWDA, 23. SRI MAHADEVASHETTY AGED ABOUT 61 YEARS, S/O MADASHETTY, 24. SMT JAYAMMA AGED ABOUT 39 YEARS, W/O NANJAIAH, 25. SMT SIDDAMMA AGED ABOUT 81 YEARS, W/O MUTHAIAH, 26. SRI PANCHAKSHARIGANGADKAR AGED ABOUT 61 YEARS, S/O BOREGOWDA, 27. SMT THAYAMMA AGED ABOUT 57 YEARS, W/O KARIYAPPA, 28. SMT LAKSHMI AGED ABOUT 49 YEARS, W/O LAKSHMANNA, 29. SRI H M GIRISH AGED ABOUT 53 YEARS, S/O MANCHEGOWDA, 30. SRI M D KRISHNA AGED ABOUT 53 YEARS, S/O DODDATHAMMAIAH, - 4 - NC: 2025:KHC:17090 WP No. 11243 of 2025 31. SRI KARNA AGED ABOUT 49 YEARS, S/O KRISHNAIAH, 32. SRI ELUMALAI AGED ABOUT 62 YEARS S/O MUNISWAMI, 33. SMT BORAMMA AGED ABOUT 80 YEARS, W/O NINGAIAH, 34. SRI M H PUTTASWAMI AGED ABOUT 70 YEARS, S/O HUCCHAIAH, 35. SRI H CHANDRASHEKAR AGED ABOUT 52 YEARS, S/O HONNEGOWDA, 36. SMT SOWBHAGYAMMA AGED ABOUT 63 YEARS, S/O SANNALINGAIAH, 37. SMT M J SAVITHA AGED ABOUT 48 YEARS, W/O M E RAJU, 38. SMT JAYAMMA AGED ABOUT 63 YEARS, W/O SHANKAIRAAH, 39. SRI SHEKAR S AGED ABOUT 39 YEARS, S/O ARMUGHA, 40. SRI M SHIVARAJU AGED ABOUT 51 YEARS, S/O GULLERA MADHAIAH, 41. SRI M S RAMESHRAJU AGED ABOUT 44 YEARS, S/O M P SHANKARANNA, - 5 - NC: 2025:KHC:17090 WP No. 11243 of 2025 42. SRI M S GIRISH AGED ABOUT 46 YEARS, S/O M P SHANKARANNA, 43. SRI M N RAJU AGED ABOUT 67 YEARS, S/O N NANJUNDAIAH, 44. SRI SHEKARA AGED ABOUT 60 YEARS, S/O KRISHNAIAH, 45. SMT PUTTALINGAMMA AGED ABOUT 79 YEARS, W/O PUTTASWAMI, 46. SMT KAALAMMA AGED ABOUT 78 YEARS, W/O MADHAIAH, 47. SMT SANNAMMA AGED ABOUT 71 YEARS, W/O PUTTEGOWDA, 48. SRI M K PRASANNA AGED ABOUT 41 YEARS, S/O M N KRISHNEGOWDA, 49. SRI M SOMA AGED ABOUT 44 YEARS, S/O MAYIGOWDA, 50. SRI M KUMAR AGED ABOUT 46 YEARS, S/O MADHAIAH, 51. SMT PARVATHAMMA AGED ABOUT 70 YEARS, W/O PUTTASWAMI, 52. SMT CHIKKATHYAMMA AGED ABOUT 65 YEARS, W/O JAVARAIAH @ MOTTAIAH, - 6 - NC: 2025:KHC:17090 WP No. 11243 of 2025 53. SRI M C PUTTA HUCHAIAH AGED ABOUT 70 YEARS, S/O M C CHIKKANNA, 54. SMT NARASAMMA AGED ABOUT 73 YEARS, W/O MADHAIAH, 55. SRI M E NINGEGOWDA AGED ABOUT 65 YEARS, S/O ERAIAH, 56. SMT DHAMINI AGED ABOUT 38 YEARS, W/O KUMAR, 57. SRI SHARADAMMA AGED ABOUT 49 YEARS, S/O M N RAMANNA, 58. SRI M R PALAKSHA AGED ABOUT 52 YEARS, S/O M N RAMANNA, 59. SRI APPAJICHARI AGED ABOUT 71 YEARS, S/O BETTACHARI, 60. SMT DKAHSHAYINI AGED ABOUT 38 YEARS, W/O M KUMARA, 61. SRI M C GURUSWAMI AGED ABOUT 47 YEARS, S/O CHIKKALINGAIAH, 62. SMT. MAMATHA AGED ABOUT 42 YEARS, W/O PARMESH,. 63. SMT HEMAVATHI AGED ABOUT 49 YEARS, W/O VIVEKANANDASWAMY, - 7 - NC: 2025:KHC:17090 WP No. 11243 of 2025 64. SRI PARAMESHA AGED ABOUT 55 YEARS, S/O CHIKKAGADAIAH, 65. SRI M P MANJUNATHA AGED ABOUT 39 YEARS, S/O PUTTARAJU, 66. SMT THAYAMMA AGED ABOUT 49 YEARS, W/O T RAJANNA, 67. SMT. BHAGYA AGED ABOUT 53 YEARS, W/O SIDDEGOWDA, 68. SMT POORNIMA AGED ABOUT 28 YEARS, W/O CHANNA, 69. SMT. NETHRA AGED ABOUT 29 YEARS, W/O M SOMA, 70. SMT LATHA AGED ABOUT 35 YEARS, W/O RAMESH, 71. SMT B S YOGITHA AGED ABOUT 34 YEARS, W/O M C VENKATESH, 72. SMT. S M SAVITHA AGED ABOUT 38 YEARS, W/O M MANU, 73. SRI PUTTARAJU AGED ABOUT 40 YEARS, S/O DODDAIAH, 74. SMT. SAVITHA AGED ABOUT 39 YEARS, W/O NINGARAJU, - 8 - NC: 2025:KHC:17090 WP No. 11243 of 2025 75. SRI M G BORALINGAIAH AGED ABOUT 70 YEARS, S/O GANGABORAIAH, 76. SRI M M SRINIVASA AGED ABOUT 61 YEARS, S/O M MADHAIAH, 77. SRI M G TANDAVESHA AGED ABOUT 64 YEARS, S/O NINGAIAH @ DODDATAMMAIAH, 78. SRI M P KRISHNA AGED ABOUT 49 YEARS, S/O PUTTASWAMI, 79. SRI EREGOWDA AGED ABOUT 52 YEARS, S/O KEMPEREGOWDA, 80. SMT. SARASWATHI AGED ABOUT 47 YEARS, W/O M N SHIVALINGAIAH, 81. SMT BHAGYA AGED ABOUT 37 YEARS, W/O M E NINGEGOWDA, 82. SMT. JAYAMMA AGED ABOUT 32 YEARS, W/O NAGARAJAMURTHI, 83. SMT G S ASHALATHA AGED ABOUT 37 YEARS, W/O M P PRAKASH, 84. SMT PRATHIMA AGED ABOUT 39 YEARS, W/O M B BOREGOWDA, 85. SRI KARTHIK GOWDA AGED ABOUT 28 YEARS, S/O M D DEVARAJU, - 9 - NC: 2025:KHC:17090 WP No. 11243 of 2025 86. SMT JANAKAMMA AGED ABOUT 39 YEARS, W/O CHENNAIAH, 87. SRI RAJU AGED ABOUT 38 YEARS, S/O VENKATESH, 88. SRI VISHWA AGED ABOUT 38 YEARS, S/O VENKATESH, 89. SMT. MEENA AGED ABOUT 49 YEARS, W/O M RAVIKUMAR, 90. SRI CHETHAN KUMAR AGED ABOUT 40 YEARS, S/O M MAHADEVU, 1 TO 90 ALL ARE RESIDING AT H MALLIGERE VILLAGE, MANDYA TALUK, MANDYA DISTRICT-571401 (BY SRI. BHARATH KUMAR. S.,ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER ALSO THE DISTRICT ELECTION OFFICER, OFFICE OF DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571401 - 10 - NC: 2025:KHC:17090 WP No. 11243 of 2025 3. H MALLIGERE HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA REGISTERED UNDER THE CO OPERATIVE SOCIETIES ACT 1959 HEAD OFFICE, H MALLIGERE, MANDYA TALUK, MANDYA DISTRICT-571401 REPRESENTED BY ITS SECRETARY. 4. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-27 REPRESENTED BY ITS SECRETARY 5. THE RETURNING OFFICER/COMMISSIONER OF HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA, H MALLIGERE, MANDYA TALUK, MANDYA DISTRICT MANDYA-571401 (BY SRI. YOGESH D. NAIK., AGA FOR R1, R2 & R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R4; SRI. B.S. JEEVAN KUMAR., ADVOCATE FOR R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, PERMITTING THE PETITIONERS TO CAST THEIR VOTE IN THE ELECTIONS TO RESPONDENT NO.3, H MALLIGERE HAALU THPADAKARA SAHAKARA SANGHA NIYAMITHA SCHEDULED TO BE HELD ON 15/04/2025 PURSUANT TO NOTIFICATION BEARING NO.- NIL-DATED-NIL- 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 - 11 - NC: 2025:KHC:17090 WP No. 11243 of 2025 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 list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the 1 W.P.No.8502/2022 dated 7.6.2022 - 12 - NC: 2025:KHC:17090 WP No. 11243 of 2025 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 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 - 13 - NC: 2025:KHC:17090 WP No. 11243 of 2025 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.: 71