Writ Petition No. 17727 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17727 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. SRINIVAS S/O LATE KARISHETTY AGED ABOUT 45 YEARS 2. SRI.SOMANNA S/O MAYIGOWDA AGED ABOUT 65 YEARS 3. SRI.KRISHNA S/O KEMPAKALAIAH AGED ABOUT 50 YEARS 4. SMT. RATHNAMMA W/O KRISHNEGOWDA AGED ABOUT 65 YEARS 5. SMT. GEETHA W/O KEMPEGOWDA (PATEL LINGAIAH) AGED ABOUT 68 YEARS
Legal Reasoning
6. SRI. MAYIGOWDA S/O KENGEGOWDANA KARIGOWDA AGED ABOUT 50 YEARS 7. SMT. BHAGYAMMA W/O YALAKKIGOWDA AGED ABOUT 55 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 8. SMT. CHIKKATHAYAMMA W/O CHOWDA @ MUGA AGED ABOUT 50 YEARS 9. SMT.SHANTHAMMA W/O KARIGOWDA NANJEGOWDA AGED ABOUT 65 YEARS 10. SMT.SANNAMMA W/O PUTTASHETTY AGED ABOUT 60 YEARS 11. SRI. SHANKRALAH S/O BADRAIAH AGED ABOUT 68 YEARS 12. SRI.CHANDRAIAH S/O BADRAIAH AGED ABOUT 60 YEARS 13. SMT.JANAKAMMA W/O SOMANNA AGED ABOUT 55 YEARS 14. SMT.LAKSHMAMMA W/O BOREGOWDA AGED ABOUT 50 YEARS 15. SRI. MAYANNA S/O K.MARIYAPPA AGED ABOUT 45 YEARS 16. SRI.PUTTEGOWDA S/O MARIYAPPA AGED ABOUT 55 YEARS 17. SRI.KRISHNA S/O GIRIYAPPA AGED ABOUT 40 YEARS - 3 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 18. SMT.PUTTAMMA W/O KIVUDANA GIRIGOWDA AGED ABOUT 48 YEARS 19. SRI.KEMPEGOWDA S/O HUCCHEGOWDA SIPPEGOWDA AGED ABOUT 48 YEARS 20. SMT. MAYAMMA W/O KULLAPPANA NANJEGOWDA AGED ABOUT 55 YEARS 21. SMT.KEMPAMMA W/O KRISHNA AGED ABOUT 45 YEARS 22. SRL. YALAKKIGOWDA S/O NANJEGOWDA AGED ABOUT 68 YEARS 23. SRI.SANNONU S/O GULLEGOWDA AGED ABOUT 55 YEARS 24. SRI. DHANANJAYA S/O KOTEGOWDA AGED ABOUT 60 YEARS 25. SRI.K.L.SHANKAREGOWDA S/O PATEL LINGAIAH AGED ABOUT 65 YEARS 26. SRI.KAPANI NANJEGOWDA S/O KAPANI MAYIGOWDA AGED ABOUT 45 YEARS 27. SMT.PREMAMMA W/O MARIYAPPA AGED ABOUT 45 YEARS - 4 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 28. SRI.KEMPEGOWDA S/O ANNEGOWDA AGED ABOUT 55 YEARS 29. SMT.PARVATHAMMA W/O K.P.RAMAIAH AGED ABOUT 40 YEARS 30. SMT.JAYAMMA W/O NANJEGOWDA AGED ABOUT 68 YEARS 31. SMT.NINGAMMA W/O MAYIGOWDA AGED ABOUT 55 YEARS 32. SRI. MARISHETTY S/O MARISHETTY AGED ABOUT 32 YEARS 33. SMT.MARICHIKKAMMA W/O NANJEGOWDA AGED ABOUT 48 YEARS 34. SRI. SHIVAKUMAR S/O SHANKARAIAH AGED ABOUT 52 YEARS 35. SMT.NANJAMMA W/O RAMEGOWDA AGED ABOUT 54 YEARS 36. SMT. NAGAMMA W/O MAYIGOWDA AGED ABOUT 58 YEARS 37. SRI.CHALUVAIAH S/O BETTAIAH AGED ABOUT 55 YEARS - 5 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 38. SRI.RAMEGOWDA S/O MAYIGOWDA AGED ABOUT 65 YEARS 39. SMT.PADMAMMA W/O NAGARAJU AGED ABOUT 36 YEARS 40. SMT.KAMALAMMA W/O RAMEGOWDA AGED ABOUT 38 YEARS 41. SMT.KAMALAMMA W/O GIRIYAPPA AGED ABOUT 48 YEARS 42. SMT.MALA W/O K.N.MANJEGOWDA AGED ABOUT 55 YEARS 43. SMT.SAROJAMMA W/O PAPEGOWDA AGED ABOUT 55 YEARS 44. SRI.K.P.KRISHNEGOWDA S/O PUTTEGOWDA AGED ABOUT 40 YEARS 45. SRI. RAJESH S/O RAMEGOWDA AGED ABOUT 58 YEARS 46. SRI.SHIVANANJEGOWDA S/O CHIKKAKENGEGOWDA AGED ABOUT 48 YEARS 47. SMT.CHIKKAMMA W/O NANJEGOWDA AGED ABOUT 48 YEARS - 6 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 48. SMT.RANI W/O KEMPEGOWDA AGED ABOUT 58 YEARS 49. SRI. MAHESH S/O VENKATEGOWDANA KOTEGOWDA AGED ABOUT 65 YEARS 50. SMT.MANGALAMMA W/O N.MAYANNA AGED ABOUT 55 YEARS 51. SRI.MAYIGOWDA S/O NANJEGOWDA AGED ABOUT 53 YEARS 52. SRI. MARIYAPPA S/O VENKATASHETTY AGED ABOUT 58 YEARS 53. SRI.SIDDESH S/O RAMEGOWDA AGED ABOUT 52 YEARS 54. SMT. MANJULA.S W/O SRINIVAS AGED ABOUT 55 YEARS 55. SRI. RAMESH S/O CHIKKASIPPEGOWDA AGED ABOUT 48 YEARS 56. SRI. RAMESH S/O LATE.CHANNASHETTY AGED ABOUT 68 YEARS 57. SRI.THIMMAPPA S/O YELAVASHETTY AGED ABOUT 58 YEARS - 7 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 58. SMT.MAHALAKSHMI W/O SHIVAKUMAR AGED ABOUT 62 YEARS 59. SRI.SATHISH S/O MAYANNA AGED ABOUT 58 YEARS 60. SRI.CHOWDASHETTY S/O BASAVASHETTY AGED ABOUT 48 YEARS 61. SRI. MANJUNATH S/O KEMPEGOWDA AGED ABOUT 60 YEARS 62. SRI.KRISHNA S/O BOREGOWDA AGED ABOUT 57 YEARS 63. SRI.GURURAJ.K S/O KEMPEGOWDA AGED ABOUT 58 YEARS 64. SRI. VISHAKANTA S/O ANKEGOWDA AGED ABOUT 38 YEARS 65. SRI.THIMMAIAH.K.T S/O GIRIGOWDA AGED ABOUT 43 YEARS 66. SRI.RAMESH S/O SIPPEGOWDA AGED ABOUT 54 YEARS 67. SRI.KUMAR S/O SIPPEGOWDA AGED ABOUT 58 YEARS - 8 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 68. SRI.K.R.CHANDRU S/O K.P.RAMAIAH AGED ABOUT 52 YEARS 69. SRI.RUDRESH S/O SHANKRAIAH AGED ABOUT 60 YEARS 70. SRI.HONNAGIRIGOWDA S/O HONNAGIRIGOWDA AGED ABOUT 58 YEARS 71. SRI.RAMESH S/O SANNAIAH AGED ABOUT 49 YEARS ALL ARE R/AT. KAMBADAHALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK DIST PIN CODE-571416. (BY SRI. PUTTARAJU H B.,ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU-560 001. REP BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, - 9 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR MANDYA TALUK, MANDYA DISTRICT-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT-571 401. 5. THE RETURNING OFFICER, KAMBADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, KAMBADAHALLI VILLAGE BASARALU HOBLI, MANDYA TALUK MANDYA DISTRICT 571416 6. THE KAMBADAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KAMBADAHALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 416. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER KCS ACT-1959) (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 R4 & R5; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. B. RAVINDRA PRASAD., ADVOCATE FOR R6) …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-5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST i.e., ANNX-B AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE R-6 SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 22.06.2025 AND ETC. THIS WRIT FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: COMING ON PETITION, - 10 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 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 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 - 11 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 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 - 12 - NC: 2025:KHC:24264 WP No. 17727 of 2025 HC-KAR 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 timeframe prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 137