Writ Petition No. 17735 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17735 OF 2025 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. SIDDEGOWDA S/O CHELUVEGOWDA, AGED ABOUT 72 YEARS, SHARE NO.02, GOPALEGOWDA S/O LAKKEGOWDA, AGED ABOUT 67 YEARS, SHARE NO.1323, VENKATESH S/O VENKATEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.84, NAGAMMA W/O GOPALEGOWDA, AGED ABOUT 57 YEARS, SHARE NO.1554, PREMAMMA W/O CHANNEGOWD, AGED ABOUT 56 YEARS, SHARE NO.1561, PUTTALAKSHMAMMA W/O VENKATESHAGOWDA, AGED ABOUT 64 YEARS, SHARE NO.963, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 7. 8. 9. KEMPEGOWDA S/O HANUMEGOWDA, AGED ABOUT 67 YEARS, SHARE NO.1108, SWAMEGOWDA S/O MANGEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.836, PRADEEGOWDA S/O MANGEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.86, 10. NAGAMMA W/O VEKATESH, AGED ABOUT 40 YEARS, SHARE NO.514, 11. KRISHNEGOWDA S/O NINGEGOWDA, AGED ABOUT 67 YEARS, SHARE NO.436, 12. SHIVAMMA W/O RAMEGOWDA, AGED ABOUT 54 YEARS, SHARE NO.95, 13. PREMA W/O RAJEGOWD, AGED ABOUT 49 YEARS, SHARE NO.1741, 14. SHIVEGOWDA S/O HANUMEGOWDA, AGED ABOUT 64 YEARS, SHARE NO.270, - 3 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 15. THAYAMMA W/O BOREGOWDA, AGED ABOUT 51 YEARS, SHARE NO.1014, 16. THAYAMMA W/O MADEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.824, 17. GAYATHRAMMA W/O KARIGOWDA, AGED ABOUT 66 YEARS, SHARE NO.319, 18. KARIGOWDA S/O KEMPEGOWDA, AGED ABOUT 72 YEARS, SHARE NO.27, 19. MANIYAMMA W/O KUMARA, AGED ABOUT 48 YEARS, SHARE NO.1485, 20. SIDDAIAH S/O THIMMAIAH, AGED ABOUT 66 YEARS, SHARE NO.320, 21. DASEGOWDA S/O KENCHEGOWDA, AGED ABOUT 80 YEARS, SHARE NO.145, 22. LAKSHMEGOWDA S/O HANUMEGOWDA, AGED ABOUT 54 YEARS, SHARE NO.203, - 4 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 23. KAMBALASWAMY S/O SHIVAPPA DEVARU, AGED ABOUT 65 YEARS, SHARE NO.329, 24. SHARADAMMA K S W/O GOWDAIAH H K, AGED ABOUT 72 YEARS, SHARE NO.154, 25. JAYALAKSHMI W/O KRISHNASHETTY @ CHALUVASHETTY, AGED ABOUT 63 YEARS, SHARE NO.1345, 26. SAROJAMMA W/O SIDDASHETTY, AGED ABOUT 71 YEARS, SHARE NO.1602, 27. LAKSHMAMMA W/O NARASIMHASHETTY, AGED ABOUT 75 YEARS, SHARE NO.832, 28. PUSHPA W/O LOKESH H M, AGED ABOUT 48 YEARS SHARE NO.1273, 29. MEENAKSHI W/O HONNASHETTY, AGED ABOUT 61 YEARS, SHARE NO.1505, 30. HANUMANTHASHETTY H K S/O KRISHNASHETTY H R, AGED ABOUT 45 YEARS, SHARE NO.1651, - 5 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 31. MADASHETTY S/O CHAMASHETTY, AGED ABOUT 50 YEARS, SHARE NO.1682, 32. VENKATESHA S/O JAVARAIAH, AGED ABOUT 56 YEARS, SHARE NO.468, 33. HONNASHETTY S/O DODDANARASIMHASHETTY, AGED ABOUT 68 YEARS, SHARE NO.323, 34. DODDANARASIMHASHETTY S/O RAMASHETTY, AGED ABOUT 36 YEARS, SHARE NO.1629, 35. CHIKKAMAYAMMA W/O CHANDREGOWDA, AGED ABOUT 58 YEARS, SHARE NO.1431, 36. GOVINDASHETTY S/O KRISHNASHETTY H R, AGED ABOUT 54 YEARS, SHARE NO.1571, 37. NAGARAJU S/O APPANNASHETTY, AGED ABOUT 45 YEARS, SHARE NO.1482, 38. MAHADEVASHETTY S/O MADASHETTY, AGED ABOUT 53 YEARS, SHARE NO.72, - 6 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 39. CHANNANAYAKA S/O KAMARINAYAKA, AGED ABOUT 68 YEARS, SHARE NO.1535, 40. LAKSHMANEGOWDA S/O THIMMEGOWDA, AGED ABOUT 64 YEARS, SHARE NO.231, 41. KRISHNEGOWDA S/O MARADASEGOWDA, AGED ABOUT 44 YEARS, SHARE NO.707, 42. MALLIKARJUNA S/O SHANTHAPPA, AGED ABOUT 58 YEARS, SHARE NO.338, 43. RAJEGOWDA S/O RAMEGOWDA AGED ABOUT 49 YEARS, SHARE NO.216, 44. BHAGYAMA W/O SWAMYGOWDA, AGED ABOUT 54 YEARS, SHARE NO. 1676, 45. VENKATESHA S/O DASEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.495, 46. SHEKARA S/O MADEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.1090, - 7 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 47. JAYAMMA W/O SHIVANNA, AGED ABOUT 76 YEARS, SHARE NO.1638, 48. BASAVARAJU S/O MAHADEVAPPA, AGED ABOUT 45 YEARS, SHARE NO.1639, 49. SANNASWAMYGOWDA S/O SANNANINGEGOWDA, AGED ABOUT 85 YEARS, SHARE NO.401, 50. PAVITHRA W/O KRISHNEGOWDA, AGED ABOUT 40 YEARS, SHARE NO.1155, 51.
Legal Reasoning
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 1 W.P.No.8502/2022 dated 7.6.2022 - 26 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 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. 4. 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. 5. In that view of the matter, I pass the following:
Arguments
JAYARAMEGOWDA S/O SRIKANTEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.362, 52. RATHNAMMA W/O SHIVEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.391, 53. MANULA W/O SHIVANNA, AGED ABOUT 54 YEARS, SHARE NO.1126, 54. BASAVARAJ V R S/O RAJEGOWDA, AGED ABOUT 43 YEARS, SHARE NO.616, - 8 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 55. THYAMMA W/O RAJEGOWDA, AGED ABOUT 74 YEARS, SHARE NO.635, 56. NANJUNDEGOWDA SO DYAVEGOWDA, AGED ABOUT 86 YEARS, SHARE NO.633, 57. LAKSHMAMMA W/O SIDDEGOWDA, AGED ABOUT 84 YEARS, SHARE NO.652, 58. PUTTAMMA S/O DASEGOWDA, AGED ABOUT 91 YEARS SHARE NO.392, 59. LAKSHMAMMA W/O SWAMYGOWDA, AGED ABOUT 88 YEARS, SHARE NO.406, 60. SHIVARUDRAPPA S/O MADAPPA, AGED ABOUT 73 YEARS, SHARE NO.526, 61. PUTTAPPA M S/O MAHADEVAPPA, AGED ABOUT 49 YEARS, SHARE NO.967, 62. MAHADEVAPPA S/O DODDAPUTTAIAH, AGED ABOUT 81 YEARS, SHARE NO.35, - 9 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 63. SWAMY S/O NINGAPPA, AGED ABOUT 57 YEARS, SHARE NO.02, 64. JAYAMMA W/O SWAMYGOWDA C, AGED ABOUT 69 YEARS, SHARE NO.493, 65. YOGESHA S/O SANNEGOWDA, AGED ABOUT 37 YEARS, SHARE NO.1679, 66. SAKAMMA W/O SIDDARAJU, AGED ABOUT 48 YEARS, SHARE NO.1700, 67. MANJULA W/O MANJEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.873, 68. PUSHPALATHA W/O MANJEGOWDA, AGED ABOUT 37 YEARS, SHARE NO.1553, 69. SAVITHRAMMA W/O CHALUVEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.1256, 70. MAHADEVAMMA W/O MANJEGOWDA, AGED ABOUT 48 YEARS, SHARE NO.52, - 10 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 71. MARIGOWDA S/O SINGRIGOWDA, AGED ABOUT 75 YEARS, SHARE NO.61, 72. SIDDARAJU S/O KARIGOWDA, AGED ABOUT 55 YEARS, SHARE NO.284, 73. KARIGOWDA S/O MAYIGOWDA, AGED ABOUT 50 YEARS, SHARE NO.316, 74. VENKATESHAGOWDA S/O KULLAVENKATEGOWDA, AGED ABOUT 75 YEARS, SHARE NO.437, 75. RAMESHAGOWDA S/O CHALUVEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.721, 76. KEMPEGOWDA S/O SANNEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.932, 77. VENKATESH B C S/O CHALUVEGOWDA, AGED ABOUT 52 YEARS, SHARE NO.1013, 78. THIMMEGOWDA S/O KARIGOWDA B, AGED ABOUT 53 YEARS, SHARE NO.354, - 11 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 79. VASANTHA W/O KRISHNEGOWDA, AGED ABOUT60 YEARS, SHARE NO.1318, 80. SAROJAMMA W/O MARIGOWDA, AGED ABOUT 60 YEARS, SHARE NO.1484, 81. BHARATHI W/O KARIGOWDA, AGED ABOUT 45 YEARS, SHARE NO.1490, 82. CHANDRESHA S/O MADEGOWDA, AGED ABOUT 32 YEARS, SHARE NO.1499, 83. VENKATARAMANEGOWDA S/O BYATAGEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.1500, 84. SHEENEGOWDA S/O CHALUVEGOWDA, AGED ABOUT 67 YEARS, SHARE NO.1620, 85. SHIVANNEGOWDA S/O CHALUVEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.1621. 86. DEVARAJA S/O MARIGOWDA, AGED ABOUT 48 YEARS, SHARE NO.589, - 12 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 87. SUKANYA W/O KULLEGOWDA, AGED ABOUT 45 YEARS SHARE NO.134, 88. SURESHA R S/O RAJEGOWDA, AGED ABOUT 44 YEARS, SHARE NO.472, 89. RATHNA W/O SURESHA AGED ABOUT 41 YEARS, SHARE NO.1876, 90. K S RAMESHA S/O SIDDEGOWDA, AGED ABOUT 57 YEARS, SHARE NO.111, 91. YOGANNA K M S/O MUGANNEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.460, 92. DODDEGOWDA S/O KAROGOWDA, AGED ABOUT 80 YEARS, SHARE NO.1328, 93. CHANNEGOWDA K S S/O SIDDEGOWDA, AGED ABOUT 71 YEARS, SHARE NO.239, 94. YASHODHARA S/O BASAVARAJEGOWDA, AGED ABOUT 46 YEARS, SHARE NO.398, - 13 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 95. MADEGOWDA S/O MUGANNEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.459, 96. MANCHUGOWDA S/O CHANNEGOWDA, AGED ABOUT 86 YEARS, SHARE NO.358, 97. MUDABOVI S/O THIMMABOVI, AGED ABOUT 66 YEARS, SHARE NO.365, 98. KARINAIKA S/O PUTTANAIKA, AGED ABOUT 70 YEARS, SHARE NO.1653, 99. SIDDEGOWDA K S S/O SIDDEGOWDA, AGED ABOUT 75 YEARS, SHARE NO.623, 100. PUTTASWAMEGOWDA S/O SANNEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.440, 101. PANDU S S/O SOORAPPA, AGED ABOUT 45 YEARS, SHARE NO.1440, 102. VENKATABOVI S/O THIMMABOVI, AGED ABOUT 70 YEARS, SHARE NO.477, - 14 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 103. KALANAYAKA S/O POOJARIKALANAYAKA, AGED ABOUT 70 YEARS, SHARE NO.1545, 104. GOWDAIAH K S S/O SODDEGOWDA, AGED ABOUT 63 YEARS, SHARE NO.464, 105. DODDATHAYAMMA W/O MADEGOWDA, AGED ABOUT 60 YEARS, SHARE NO.903, 106. MADANAIKA S/O PUTTANAIAK, AGED ABOUT 60 YEARS, SHARE NO.1562, 107. CHOWDAMMA W/O MADANAYAKA, AGED ABOUT 52 YEARS, SHARE NO.2064, 108. CHANNANAYAKA S/O POOJARIKALANAYAK, AGED ABOUT 67 YEARS, SHARE NO.1574, 109. KARINAIKA S/O KALANAIKA, AGED ABOUT 70 YEARS, SHARE NO.1598, 110. SIDDEGOWDA S/O SANNEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.902, - 15 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 111. SAVITHRAMMA W/O SATYA, AGED ABOUT 49 YEARS, SHARE NO.819, 112. ESHWAREGOWDA S/O SANNEGOWDA, AGED ABOUT 57 YEARS, SHARE NO.1623, 113. RAMEGOWDA S/O KARIGOWDA, AGED ABOUT 75 YEARS, SHARE NO.364, 114. YOGANNA S/O GENDEGOWDA, AGED ABOUT 39 YEARS, SHARE NO.1514, 115. THAMMANNEGOWDA S/O GENDEGOWDA, AGED ABOUT 42 YEARS, SHARE NO.1515, 116. DODDASWAMY S/O SHIVEGOWDA, AGED ABOUT 41 YEARS, SHARE NO.1434, 117. SIDDEGOWDA S/O SIDDEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.252, 118. GENDEGOWDA S/O SANNEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.783, - 16 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 119. SIDDEGOWDA S/O KULLEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.700, 120. YOGANNA S/O DODDATHAYAMMA, AGED ABOUT 38 YEARS, SHARE NO.895, 121. SANNEGOWDA S/O YALAVEGOWDA, AGED ABOUT 66 YEARS, SHARE NO.817, 122. SIDDAMMA W/O GOWDAIAH, AGED ABOUT 69 YEARS, SHARE NO.894 , 123. PUTTAVENKATAMMA W/O KRISHNEGOWDA, AGED ABOUT 67 YEARS, SHARE NO.752, 124. VENKATAMMA W/O ARASEGOWDA, AGED ABOUT 80 YEARS, SHARE NO.1892 , 125. LOKESHA S/O ANKEGOWDA, AGED ABOUT 48 YEARS, SHARE NO.1701, 126. RAVI S/O SIDDEGOWDA, AGED ABOUT 35 YEARS, SHARE NO.1705, - 17 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 127. KRISHNEGOWDA S/O SANNEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.1435, 128. MANJULA W/O ANNEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.205, 129. ANNEGOWDA S/O KEMPEGOWDA, AGED ABOUT 81 YEARS, SHARE NO.233, 130. KRISHNA MURTHY V G S/O GOPALASWAMY, AGED ABOUT 68 YEARS, SHARE NO.340, 131. RAJEGOWDA S/O THIMMEGOWDA, AGED ABOUT 66 YEARS, SHARE NO.235, 132. RAMEGOWDA S/O SWAMEGOWDA, AGED ABOUT 70 YEARS, SHARE NO.367, 133. VENKATESHGOWDA S/O PAPAGOWDA, AGED ABOUT 71 YEARS, SHARE NO.575, 134. DEVAMMA W/O CHIKKEGOWDA, AGED ABOUT 48 YEARS, SHARE NO.658, - 18 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 135. MANJUNATH S/O VENKATEGOWDA, AGED ABOUT 49 YEARS, SHARE NO.732, 136. SURESHA S/O PAPEGOWDA, AGED ABOUT 52 YEARS, SHARE NO.1085, 137. NAGARAJU S/O SHAMBAPPA, AGED ABOUT 60 YEARS, SHARE NO.1317, 138. MAHADEVASWAMY S/O VEERAPPA, AGED ABOUT 45 YEARS, SHARE NO.1465, 139. BASAVARAJU S/O VENKATEGOWDA, AGED ABOUT 56 YEARS, SHARE NO.1523, 140. KUMARA M K S/O KENCHEGOWDA, AGEDA BOUT 48 YEARS, SHARE NO.1578, 141. PAPEGOWDA S/O CHIKKEGOWDA, AGED ABOUT 56 YEARS, SHARE NO.1656, 142. KUMARA S/O SRINIVASEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.2059, - 19 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 143. MAHADEVA S S/O SWAMEGOWDA, AGED ABOUT 59 YEARS, SHARE NO.654, 144. JAYAMMA W/O SWAMY GOWDA, AGED ABOUT 76 YEARS, SHARE NO.801, 145. MADEGOWDA S/O PUTTASWAMEGOWDA, AGED ABOUT 55 YEARS, SHARE NO.987, 146. LAKSHMIDEVAMMA W/O KENCHEGOWDA, AGED ABOUT 80 YEARS, SHARE NO.942, 147. CHIKKARASEGOWDA S/O SUBBEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.579, 148. KEMPAMMA W/O ANNAIAH, AGED ABOUT 72 YEARS, SHARE NO.773, 149. JAVREGOWDA S/O HALEGOWDA, AGED ABOUT 82 YEARS, SHARE NO.497, 150. LOKESHA S/O SEENEGOWDA, AGED ABOUT 49 YEARS, SHARE NO.529, - 20 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 151. SHIVANANJAPPA S/O MOGANNA, AGED ABOUT 70 YEARS, SHARE NO.678, 152. JAYAMMA W/O PUTTEGOWDA, AGED ABOUT 78 YEARS, SHARE NO.1346, 153. VEDAVATHI W/O DHARMEGOWDA, AGED ABOUT 50 YEARS, SHARE NO.803, 154. KUMARA S/O SWAMYGOWDA, AGED ABOUT 53 YEARS, SHARE NO.1082, 155. MANIYAMMA W/O KUMARA, AGED ABOUT 50 YEARS, SHARE NO.1083, 156. SHIVANANJEGOWDA S/O KEMPEGOWDA, AGED ABOUT 74 YEARS, SHARE NO.312, 157. JAYALAKSHMI W/O SANNEGOWDA, AGED ABOUT 53 YEARS, SHARE NO.1051, 158. LAKSHMIDEVAMM W/O SANNEGOWDA, AGED ABOUT 74 YEARS, SHARE NO.463, - 21 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 159. MANCHAMMA W/O ARASANAIKA, AGED ABOUT 73 YEARS, SHARE NO.687, 160. GEETHA W/O MAHENDRA, AGED ABOUT 35 YEARS, SHARE NO.1889, 161. SHIVARAMEGOWDA S/O GOWDAIAH, AGED ABOUT 59 YEARS, SHARE NO.522, 162. SHIVANNA NAYAK S/O BASAVANAYAKA, AGED ABOUT 61 YEARS, SHARE NO.884, 163. SINGRAIAH S/O KENCHAIAH, AGED ABOUT 53 YEARS, SHARE NO.467, 164. DEVAMMA W/O SIDDEGOWDA, AGED ABOUT 52 YEARS, SHARE NO.737, 165. VEERESHA H D S/O DALIYAPPASHETTY, AGED ABOUT 59 YEARS, SHARE NO.279, 166. MAHADEVAIAH S/O CHIKKATHIMMAIAH, AGED ABOUT 62 YEARS, SHARE NO.726, - 22 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 167. JAYARAMA S/O KUNTAIAH, AGED ABOUT 47 YEARS, SHARE NO.693, 168. CHOWDANAIKA S/O NANJANAIKA, AGED ABOUT 74 YEARS, SHARE NO.659, 169. ARASEGOWDA S/O ARASEGOWDA, AGED ABOUT 76 YEARS, SHARE NO.675, 170. KEMPAMMA W/O REVANNA, AGED ABOUT 63 YEARS, SHARE NO.451, 171. GEETHA W/O SIDDARAMEGOWDA, AGED ABOUT 58 YEARS, SHARE NO.995, 172. RAKSHITH S/O SIDDARAMEGOWDA, AGED ABOUT 36 YEARS, SHARE NO.879, 173. HEMAKSHI W/O SHIVEGOWDA, AGED ABOUT 56 YEARS, SHARE NO.576, 174. MADEGOWDA S/O NANJEGOWDA, AGED ABOUT 65 YEARS, SHARE NO.308, - 23 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 175. DASEGOWDA S/O VENKATEGOWDA, AGED ABOUT 68 YEARS, SHARE NO.439, 176. DODDASIDDANAIKA S/O KENGANAIKA, AGED ABOUT 70 YEARS, SHARE NO.1329, ALL ARE MEMBERS OF GERESANAHALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU DISTRICT-571 105. …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES - 24 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR HUNASURU SUB-DIVISION, HUNASURU TALUK, MYSURU DISTRICT-571 105. 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., GERASANAHALLI, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DISTRICT-571 105, REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., GERASANAHALLI, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DISTRICT-571 105, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R6 (MA NOT FILED); SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 (VK NOT FILED); SRI. GIRISH B.N., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 22.06.2025 IN THE INTEREST OF JUSTICE AND EQUITY. - 25 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: “i. Issue a writ of mandamus directing the respondent no.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to votes in the elections to the respondent no.5 which is scheduled to be held on 22.06.2025 in the interest of justice and equity. ii. Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued.” 2. 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. 3.
Decision
ORDER i) The writ petition is disposed of. ii) 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. - 27 - NC: 2025:KHC:23832 WP No. 17735 of 2025 HC-KAR 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 TL List No.: 1 Sl No.: 18