Writ Petition No. 21174 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:856 WP No. 21174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21174 OF 2024 (CS-EL/M) BETWEEN: …PETITIONER S. SHIVANNA S/O LATE SIDDAIAH, AGED ABOUT 64 YEARS, NO.52, 2ND MAIN, 3RD CROSS, RI LAYOUT BHOOGADI, MYSURU 570 026. (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BENGALURU 560 027, REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU 570 001. Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:856 WP No. 21174 of 2024 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU 570 001. 5. THE RETURNING OFFICER, REGIONAL COLLEGE OF EDUCATION EMPLOYEES HOUSE CONSTRUCT CO-OPERATIVE SOCIETY LTD., MYSURU 570 001. 6. THE REGIONAL COLLEGE OF EDUCATIONAL EMPLOYEES HOUSE CONSTRUCT CO-OPERATIVE SOCIETY LTD., R.I.E. CAMPUS, MANASAGANGOTRI, MYSURU 570 001, REPRESENTED BY ITS CEO. 7. THE SPECIAL OFFICER THE REGIONAL COLLEGE OF EDUCATIONAL EMPLOYEES HOUSE CONSTRUCT CO-OPERATIVE SOCIETY LTD., R.I.E. CAMPUS, MANASAGANGOTRI, MYSURU 570 001. 8. G.T. BHANDAGE S/O TEJANSA BHANDAGE, AGED ABOUT 71 YEARS, FLAT NO.1722, 16TH MAIN, VIJAYANAGAR II STAGE, MYSURU-23. 9. R. VIJAYARAGHAVAN S/O LATE RAJAMAICKAM PALLI, AGED ABOUT 78 YEARS, NO. 2193, 5TH CROSS, - 3 - NC: 2025:KHC:856 WP No. 21174 of 2024 K. BLOCK, KUVEMPUNAGAR, MYSURU-23. 10. JALAJAKSHI
Legal Reasoning
W/O B. SHIVALINGAIH, AGED ABOUT 69 YEARS, NO.1034, 4TH CROSS, 1ST MAIN, SRIRAMPURA 2ND STAGE, MYSURU 01. 11. K. KALAIAH S/O KALAIAH, AGED ABOUT 70 YEARS, NO.24, RC LAYOUT, VIJAYANAGAR 4TH STAGE, MYSURU-32. 12. M. SHARADA W/O M.V. SRIKANTHA, AGED ABOUT 66 YEARS, NO.910, SRIRAMPURA II STAGE, MYSURU 01. 13. S. PARVATHAMMANNI, D/O A.S. SIDDAPPA, AGED ABOUT 65 YEARS, NO.343, 17TH CROSS, B BLOCK, VIJAYANAGAR, 3RD STAGE MYSURU-09. 14. B.P. VEENAKSHI W/O NOT KNOWN, AGED ABOUT 59 YEARS, TGT, DMS, RIE, MYSURU-01 - 4 - NC: 2025:KHC:856 WP No. 21174 of 2024 15. H.L. SATISH S/O LAKSHMI NARAYANA, AGED ABOUT 71 YEARS, NO.237, 20TH MAIN, B BLOCK, VIJAYANAGAR, 3RD STAGE, MYSURU-07. 16. S.N. PRABHAKAR S/O B.S. NAGARAJ RAO, AGED ABOUT 75 YEARS, NO.8, R.C. LAYOUT, PRASHANTH NAGAR, BOGADI II STAGE SOUTH, MYSURU-02. 17. M.S. SRIMATHI W/O H.P. RAMESH, AGED ABOUT 70 YEARS, NO.119, 3RD MAIN, TONOCHIKOPPAL MYSURU-09. 18. M.C. RAJENDRA S/O CHALLAPPA AGE 65 YEARS, TYP II/14, R I E CAMPUS MYSURU-02. 19. SRIKANTAIAH S/O HUCCHEGOWDA AGED ABOUT 65 YEARS, TYPE II/16, R I E CAMPUS, MYSURU-02. 20. G.V. BALAKRISHNA S/O GOPALA AGED ABOUT 72 YEARS, - 5 - NC: 2025:KHC:856 WP No. 21174 of 2024 NO.2342, 2ND CROSS, VIJAYANAGAR 4TH STAGE, MYSURU-32. 21. P.N. NANJAIAH S/O NAJAIAH AGED ABOUT 75 YEARS, NO.414/C, 4TH STAGE, 3RD MAIN, MARUTHI TEMPLE ROAD, KUVEMPUNAGAR, MYSURU-01. 22. K. GURUSWAMY S/O KALAPPA, AGED ABOUT 52 YEARS, TYPE II/9, R I E CAMPUS MYSURU-01. 23. S. NAGARAJA S/O M. SUBBAIAH, AGED ABOUT 58 YEARS, NO.785, 2ND STAGE, BOGADI II STAGE NORTH, MYSURU-01. 24. G. KRISHNA NAYAK S/O GOPALA NAYAK, AGED ABOUT 55 YEARS, NO.19, R C LAYOUT, VIJAYANAGAR 4TH STAGE, MYSURU-32. 25. ANUPAMA D HEGDE W/O RAMAKANTH HEGDE, AGED ABOUT 50 YEARS, - 6 - NC: 2025:KHC:856 WP No. 21174 of 2024 NO.135, 23RD MAIN, B BLOCK VIJAYANAGAR 3RD STAGE, MYSURU-01. 26. M.S. SHYLESH S/O SURYANARAYAN, AGED ABOUT 55 YEARS, NO.82, THONOCHIKOPPAL 1ST MAIN, SARASWATHIPURAM, MYSURU-9. 27. S.V. SIDDARAJU S/O VISHAKANTAIAH, AGED ABOUT 66 YEARS, NO.434, 4TH CROSS, 2ND STAGE, BOGADI II STAGE, SOUTH, MYSURU-01. 28. B.S.P. RAJU S/O TIRUMALARAJU, AGED ABOUT 74 YEARS, NO.1193, 13TH CROSS, 1ST STAGE, VIJAYANAGAR, MYSURU-01. 29. R. RAJAKUMAR S/O G. RAMMANNA, AGED ABOUT 68 YEARS, NO.17/3, 2ND MAIN, YADAVAGIRI, MYSURU-01. 30. N.N. PRAHALLADA S/O B.S. NANJAPPA, AGED ABOUT 80 YEARS, - 7 - NC: 2025:KHC:856 WP No. 21174 of 2024 NO.LIG 09, HUDCO HOUSE, GANGOTHRI LAYOUT, MYSURU-02. 31. B.V. SRINATH S/O VENKATACHALAM, AGED ABOUT 80 YEARS, NO.783, T.K. LAYOUT, 4TH STAGE, SJCE MAIN ROAD, MYSURU-01. 32. G.R. PRAKASH S/O G.V. RAMU, AGED ABOUT 75 YEARS, NO.1624, ANIKETHANA ROAD, 1ST CROSS, KUVEMPUNAGAR MYSURU-01. 33. C. BASAVARAJU S/O JAVARAIAH, AGED ABOUT 59 YEARS, NO.1/18, R I E CAMPUS, MYSURU-01. 34. H.V. SHIVASHANKAR S/O VEERAIAH, AGED ABOUT 68 YEARS, NO.1018/A, 3RD CROSS, JANATHANAGAR, MYSURU-01. 35. M. ANADAVALU S/O K. MURGESH AGED ABOUT 50 YEARS, - 8 - NC: 2025:KHC:856 WP No. 21174 of 2024 NO.399, BANK COLONY ROAD, BOGADI, MYSURU-01. 36. R. JAYARAJA S/O RANGADASS AGED ABOUT 46 YEARS, NO.1728/1, 4TH CROSS, KANTEERAVA ROAD, SRIRAMAPURA, MYSURU-01. 37. M. KUMAR S/O MADAIAH AGED ABOUT 58 YEARS, NO.TYPE I/4, R I E CAMPUS, MYSURU-01. 38. HEERA SINGH G S/O GOPAL SINGH, AGED ABOUT 58 YEARS, NO.436, BANK COLONY ROAD, BOGADI, MYSURU-01. 39. S. SATISHA S/O LATE VENKATAPPA, AGED ABOUT 58 YEARS TYPE II/18, R I E CAMPUS, MYSURU-6. 40. SIDDARAJU S/O MADASHETTY, AGED ABOUT 58 YEARS, TYPE II/15, R I E CAMPUS, MYSURU-01. 41. C.S. NAGARAJU S/O SHANKARAIAH, - 9 - NC: 2025:KHC:856 WP No. 21174 of 2024 AGED ABOUT 78 YEARS, NO. HIG 98, HOOTAGALLI, KHB COLONY, MYSURU - 01. 42. M.A. SHIVAKUMAR S/O ANNACHAR, AGED ABOUT 47 YEARS, NO. TYPE III/4, R I E CAMPUS, MYSURU -9. 43. JAYARAMA S/O BETTAIAH, AGED ABOUT 65 YEARS, TYPE II/27, R I E CAMPUS, MYSURU -02. 44. V. JAGADESH S/O LATE VENKATACHALAIAH, AGED ABOUT 70 YEARS, NO. 28, H BLOCK, 1ST MAIN, RAMAKRISHNA NAGAR, MYSURU -01. 45. K. KUMAR S/O KANDDASWMAY, AGED ABOUT 53 YEARS, TYPE I/9, R I E CAMPUS, MYSURU -01. 46. MADAIAH S/O MASTIAH, AGED ABOUT 82 YEARS, TYPE I/4, RIE CAMPUS, MYSURU -01. 47. ANITHA RAVINDRA W/O RAVINDRA, - 10 - NC: 2025:KHC:856 WP No. 21174 of 2024 AGED ABOUT 55 YEARS, PGT, D M SCHOOL, R I E CAMPUS, MYSURU -01. 48. SHYLA B.R., W/O RAMUGOWDA, AGED ABOUT 56 YEARS, NO. 64, R C LAYOUT, VIJAYANAGAR 4TH STAGE, II PHASE, MYSURU -01. 49. V.S. PRASAD S/O G.S. VENKTESHMURTHY, AGED ABOUT 58 YEARS, TYPE V/5, R I E CAMPUS, MYSURU -01. 50. K. ANIL KUMAR S/O DAMODHARAN K , AGED ABOUT 58 YEARS, NO. 7, R C LAYOUT, VIJAYANAGAR 4TH STAGE, II PHASE, MYSURU -32, …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS W. P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE CALLENDER OF EVENTS DATED 23.07.2024 FIXED THE ELECTION ON 11.08.2024 ISSUED BY THE R5 VIDE ANNEXURE- D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 11 - NC: 2025:KHC:856 WP No. 21174 of 2024 ORAL ORDER 1. The petitioner has sought for following prayer: "Wherefore, the petitioners most humbly prays that this Hon'ble Court may be pleased to issue i. A writ in the nature of certiorari quashing the Callender of events dated 23.07.2024, fixed the election on 11.08.2024 issued by the respondent no.5 vide Annexure-D. ii. Issue a writ of certiorari quashing the un- numbered and un- dated final eligible voter list announced by the respondent No.5 of the respondent No.6 society vide Annexure-C. iii. Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued." 2. This Court on 09.08.2024 held that the ensuing election scheduled to be conducted by respondent No.3- Society on 11.08.2024 and the result thereof to be subject to the final outcome of this writ petition. 3. Learned counsel for the petitioner has raised a dispute under Section 70 of Karnataka Co-operative - 12 - NC: 2025:KHC:856 WP No. 21174 of 2024 Societies Act, 1959 (‘KCS Act, 1959’ for short) before the DRCS, and the present petition does not survive for consideration. 4. 5. The said submission is taken on record. In light of the submission, the petition stands dismissed as having become infructuous. Sd/- (JUSTICE K.S. HEMALEKHA) AT List No.: 1 Sl No.: 24