Writ Petition No. 33850 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:7285 WP No. 33850 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 33850 OF 2024 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. A JAGANNATH S/O ANATHAPPA AGED ABOUT 55 YEARS SHARE NO. 1/1 MUNEER SAB S/O GOWSU SAB AGED ABOUT 50 YEARS SHARE NO.12/1 SHIVAJI WODEYER S/O GURUBASAPPA WODEYAR SAB AGED ABOUT 45 YEARS SHARE NO.24/1 H J PARAKASH NAIK S/O GANAGADHAR NAIK AGED ABOUT 55 YEARS SHARE NO. 39/1 H R PRAVEEN KUMAR S/O H J RAJASHEKAR AGED ABOUT 48 YEARS SHARE NO. 44/1 6. ANJANEYAPPA S/O KARIBASAPPA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7285 WP No. 33850 of 2024 7. 8. 9. AGED ABOUT 55 YEARS SHARE NO.88/1 ANJANEYAPPA S/O KARIBASAPPA AGED ABOUT 55 YEARS SHARE NO. 88/1 RENUKAMMA S/O JAYAPPA AGED ABOUT 50 YEARS SHARE NO.1/3 SHOBHA W/O HUVAPPA AGED ABOUT 55 YEARS SHARE NO. 02/3 10. NINGAMMA W/O BASAVANNAPPA AGED ABOUT 42 YEARS SHARE NO. 3/3 11. KUSUMA W/O PAKIRAPPA AGED ABOUT 59 YEARS SHARE NO. 6/3 12. LALITHA W/O NAGAPPA AGED ABOUT 50 YEARS SHARE NO. 07/3 13. PRAMEELA W/O DURGAPPA AGED ABOUT 47 YEARS - 3 - NC: 2025:KHC:7285 WP No. 33850 of 2024 SHARE NO.8/3 14. YASHODHA W/O NAGARAJAPPA AGED ABOUT 60 YEARS SHARE NO.09/3 15. SHIVAMMA W/O MANAJAPPA AGED ABOUT 50 YEARS SHARE NO.10/3 16. NAGAMMA W/O KALLAPPA AGED ABOUT 41 YEARS SHARE NO.12/3 17. NETRAVTHI W/O MALLESHAPPA AGED ABOUT 45 YEARS SHARE NO.13/3 18. SAROJA W/O NINGAPPA AGED ABOUT 56 YEARS SHARE NO.14/3 19. MALLAMMA W/O GUTHHYAPPA AGED ABOUT 49 YEARS SHARE NO.15/3 20. PAKEERAPPA S/O BASAPPA AGED ABOUT 55 YEARS SHARE NO.456/3 - 4 - NC: 2025:KHC:7285 WP No. 33850 of 2024 21. BANGARAMMA W/O KERIYAPPA AGED ABOUT 55 YEARS SHARE NO.97/3 22. B ESHWARAPA S/O BANGARAPPA AGED ABOUT 60 YEARS SHARE NO.13/3 23. MAHESHWARA S/O KUMARA RAMAPPA AGED ABOUT 55 YEARS SHARE NO.131/3 24. ANATH ACHARA S/O NARYANA ACHAR AGED ABOUT 50 YEARS SHARE NO.146/3 25. CHANDRAMMA S/O SOMAPPA AGED ABOUT 56 YEARS SHARE NO.173/3 26. M PARASHURAM S/O MANAJAPPA AGED ABOUT 58 YEARS SHARE NO.55/4 27. MAHENDRA R S/O RAJASHEKAR AGED ABOUT 55 YEARS SHARE NO.56/4 - 5 - NC: 2025:KHC:7285 WP No. 33850 of 2024 28. CHAMARAJA GOWDA S/O BUDYAPPA GOWDA AGED ABOUT 52 YEARS SHARE NO.84/4 29. SHANMUKAPPA S/O RANGAPPA AGED ABOUT 60 YEARS SHARE NO.88/4 30. KANMANE NAGAPPA S/O GUTHYAPPA AGED ABOUT 55 YEARS SHARE NO.92/4 31. SADANANDA S/O DURUGAPPA KUPPE AGED ABOUT 50 YEARS SHARE NO.28/5 32. SANMANE CHANDRAPPA S/O DYAVAPPA AGED ABOUT 58 YEARS SHARE NO.40/5 33. H R GURUNATH NAYAK S/O RUDRAPPA NAYAK AGED ABOUT 57 YEARS SHARE NO58/5 34. J S SUJATHA W/O H R MAHESH AGED ABOUT 40 YEARS SHARE NO.59/5 - 6 - NC: 2025:KHC:7285 WP No. 33850 of 2024
Legal Reasoning
35. SHRIDARA S/O HOSMANE BANGARAPPA AGED ABOUT 50 YEARS SHARE NO.91/5 36. SHIVANAGOWDA S/O BASAVANAGOWDA AGED ABOUT 55 YEARS SHARE NO.106/65 37. SHANTHAMMA W/O SADASHIVAIAH AGED ABOUT 55 YEARS SHARE NO.118/6 38. PAAMIDABI W/O MOUL ALI AGED ABOUT55 YEARS SHARE NO.119/6 39. J P GEETHA W/O PRAKASH NAIK AGED ABOUT 52 YEARS SHARE NO. 120/6 40. SHARADAMMA W/O JAGANNATH AGED ABOUT 40 YEARS SHARE NO.134/6 41. H PADAVESHAPPA S/O HUCHH HANUMAPPA AGED ABOUT 60 YEARS SHARE NO.142/65 - 7 - NC: 2025:KHC:7285 WP No. 33850 of 2024 42. B R BANGARAPPA S/O RANGAPPA AGED ABOUT 50 YEARS SHARE NO.31/7 43. SHANMUKA S/O RANGAPPA AGED ABOUT 55 YEARS SHARE NO.33/7 J S RAMANNA S/O GUDAVI SHIVAPPA AGED ABOUT 50 YEARS SHARE NO.66/7 JAGADISH S/O RAYANA SHIVANANDAPPA AGED ABOUT55 YEARS SHARE NO.82/7 44. 45. 46. S R NINGAPPA S/O REVANAPPA AGED ABOUT 48 YEARS SHARE NO.02/8 47. REVANESH WODEYAR S/O VEERAPPA WODEYAR AGED ABOUT 60 YEARS SHARE NO.16/8 48. BASAVARAJAPPA S/O KERYAPPA AGED ABOUT 41 YEARS SHARE NO.50/8 - 8 - NC: 2025:KHC:7285 WP No. 33850 of 2024 49. KALLAPPA S/O DYAVAPPA AGED ABOUT 58 YEARS SHARE NO. 55/8 50. MALLIKARJUNAPPA S/O CHANDRASHEKARAPPA AGED ABOUT 47 YEARS SHARE NO.115/8 51. KERIYAMMA W/O BASAVANYAPPA AGED ABOUT 55 YEARS SHARE NO.148/8 52. HASEEM SAB S/O HUSEN SAB AGED ABOUT 55 YEARS SHARE NO.165/8 53. HALAPPA S/O RANGAPPA AGED ABOUT 40 YEARS SHARE NO.186/8 54. N CHANDRAIAH S/O NAGAIAH AGED ABOUT 51 YEARS SHARE NO.02/9 55. D SHIVANANDAPPA S/O PARASHURAMAPPA AGED ABOUT 47 YEARS SHARE NO.28/9 - 9 - NC: 2025:KHC:7285 WP No. 33850 of 2024 56. D SHEAKRAPPA S/O DYAVAPPA AGED ABOUT 55 YEARS SHARE NO.31/9 57. NAGARAJ S/O ESHWARAPPA AGED ABOUT 55 YEARS SHARE NO.42/9 58. HEMAPPA S/O RAMAPPA AGED ABOUT 45 YEARS SHARE NO.45/9 59. DURUGAPPA S/O HUCCHAPPA AGED ABOUT 55 YEARS SHARE NO.47/9 60. GOPALAPPA S/O HUCHHAPPA AGED ABOUT 46 YEARS SHARE NO.48/9 61. ARUNA S/O MANCHAPPA AGED ABOUT 40 YEARS SHARE NO.49/9 62. DEVARAJ S/O PINCAHAPPA AGED ABOUT 45 YEARS SHARE NO.50/9 - 10 - NC: 2025:KHC:7285 WP No. 33850 of 2024 63. MALLIKARJUNA S/O HUCCHARAYAPPA AGED ABOUT 59 YEARS SHARE NO.52/9 64. DAKAPPA S/O KERIAYAPPA AGED ABOUT 57 YEARS SHARE NO. 54/9 65. KRIUSHNAPPA S/O KERIYAPPA AGED ABOUT 55 YEARS SHARE NO. 55/8 66. ANANDAPPA S/O DANAPPA AGED ABOUT 58 YEARS SHARE NO. 56/9 67. NAGARAJ S/O KERIYAPPA AGED ABOUT 55 YEARS SHARE NO. 57/9 68. BENAKAPPA S/O NAGAPPA AGED ABOUT 50 YEARS SHARE NO.58/9 69. ESHWARAPA S/O NAGAPPA AGED ABOUT 56 YEARS SHARE NO.59/9 - 11 - NC: 2025:KHC:7285 WP No. 33850 of 2024 70. JAGADHISH S/O MANCHAPPA AGED ABOUT 59 YEARS SHARE NO. 60/9 71. KUMAR S/O YANKAPPA AGED ABOUT 55 YEARS SHARE NO. 62/9 72. CHIKKARAJU S/O KERIAYAPPA AGED ABOUT 50 YEARS SHARE NO.65/9 73. KUMAR S/O ERAPPA AGED ABOUT 56 YEARS SHARE NO. 66/9 74. MITHRESH S/O ERAPPA AGED ABOUT 50 YEARS SHARE NO. 67/9 75. DEVARAJ S/O YANKAPPA AGED ABOUT 54 YEARS SHARE NO. 70/9 76. ANNAPPA S/O BHIMAPPA AGED ABOUT 54 YEARS SHARE NO. 72/9 - 12 - NC: 2025:KHC:7285 WP No. 33850 of 2024 77. PRADEEP S/O SHANTHAPAP NAIKA AGED ABOUT 55 YEARS SHARE NO. 78/9 78. MANOHARSWAMY S/O CHANDRASHEKAR SWAMY AGE ABOUT 47 YEARS SHARE NO. 79/9 79. NAGARAJAIAH S/O CHANDRASHEKAR SWAMY AGED ABOUT 47 YEARS SHARE NO. 80/9 80. SHIVAPPA S/O MALLAPPA AGED ABOUT 51 YEARS SHARE NO. 83/9 81. GURURAJAPPA S/O RAMAPPA AGED ABOUT 55 YEARS SHARE NO. 85/9 82. MANJULAMMA W/O NAGARAJ AGED ABOUT 50 EYARS SHARE NO. 88/9 83. JAYASHEELAMMA W/O SOMAPPA AGED ABOUT 40 YEARS SHARE NO. 89/9 - 13 - NC: 2025:KHC:7285 WP No. 33850 of 2024 84. SAVITHRAMMA S/O SHANMUKHAPPA AGED ABOUT 47 YEARS SHARE NO. 90/9 85. MAHADEVAMMA W/O MANCHAPPA AGED ABOUT 47 YEARS SHARE NO. 91/9 86. SUSHEELAMMA W/O SOMAPPA AGED ABOUT 41 YEARS SHARE NO. 92/9 87. SHASHIKALA W/O DURUGAPPA AGED ABOUT 42 YEARS SHARE NO. 96/9 88. RENUKAMMA S/O GOPALAPPA AGED ABOUT 46 YEARS SHARE NO. 98/9 89. VANAJAKSHAMMA W/O GURUMURTHY AGED ABOUT 55 YEARS SHARE NO. 99/9 90. NAGARATHNA W/O HEMAPPA AGED ABOUT 50 YEARS SHARE NO. 100/9 - 14 - NC: 2025:KHC:7285 WP No. 33850 of 2024 91. MAMATHA W/O RAGAVENDRA AGED ABOUT 39 YEARS SHARE NO. 101/9 92. JAYAMMA W/O DOKAPPA AGED ABOUT 40 YEARS SHARE NO. 102/9 93. SHILPA W/O RAMESH AGED ABOUT 35 YEARS SHARE NO. 103/9 94. SUMITHRAMMA W/O JEEVAPPA AGED ABOUT 40 YEARS SHARE NO. 104/9 95. SHOBHA W/O MAHESHWARAPPA AGED ABOUT 55 YEARS SHARE NO. 107/9 96. SHARADAMMA W/O HANUMANTHAPPA AGED ABOUT 45 YEARS SHARE NO. 108/9 97. KERIYAMMA W/O CHUDAMANI AGED ABOUT 44 YEARS SHARE NO. 109/9 - 15 - NC: 2025:KHC:7285 WP No. 33850 of 2024 98. GANGAMMA S/O BANGARAPPA AGED ABOUT 55 YEARS SHARE NO. 110/9 99. NEELAMMA S/O ESHWARAPPA AGED ABOUT 43 YEARS SHARE NO. 111/9 100. MARUTHI S/O CHANANBASAPPA AGED ABOUT 50 YEARS SHARE NO. 124/9 101. NINGAPPA S/O DURUGAPPA AGED ABOUT 49 YEARS SHARE NO. 129/9 102. RENUKAMMA W/O YALLAPPA AGED ABOUT 50 YEARS SHARE NO. 132/9 103. CHUDAMANI W/O B RABAGAPPA AGED ABOUT 45 YEARS SHARE NO. 133/9 104. LOKESH S/O SHEKARAPPA AGED ABOUT 50 YEARS SHARE NO. 139/9 - 16 - NC: 2025:KHC:7285 WP No. 33850 of 2024 105. NIRANJANA H G S/O GANARAJA GOWDA AGED ABOUT 40 YEARS SHARE NO. 148/9 106. JAYAPPA S/O NINGAPPA AGED ABOUT 55 YEARS SHARE NO. 1856/9 107. RAJAPPA S/O MANJAPPA GED ABOUT 50 YEARS SHARE NO. 187/9 108. HUVAPPA S/O HANUMANTAHPPA AGED ABOUT 60 YEARS SHARE NO. 189/9 109. NINGAPPA S/O KALLAPPA AGED ABOUT 50 YEARS SHARE NO. 190/9 110. GUTHYAPP S/O KRISHNAPPA AGED ABOUT 52 YEARS SHARE NO. 195/9 111. YALLAPPA S/O KENCHAPPA AGED ABOUT 64 YEARS SHARE NO. 196/9 - 17 - NC: 2025:KHC:7285 WP No. 33850 of 2024 112. DEVARAJA S/O PAKEERAPPA AGED BOUT 54 YEARS SHARE NO.199/9 113. MANJU S/O NAGAPPA AGED ABOUT 50 YEARS SHARE NO. 1/10 114. NAGAPPA S/O NINGAPPA AGED ABOUT 55 YEARS SHARE NO. 02/10 115. DURGAPPA S/O. PAKEERAPPA AGED ABOUT 45 YEARS SHARE NO.03/10 116. MANOJ S/O. DURGAPPA AGED ABOUT 41 YEARS SHARE NO.04/10 117. MANJAPPA S/O. PAKEERAPPA AGED ABOUT 58 YEARS SHARE NO.07/10 118. ANNAPPA S/O. PAKEERAPPA AGED ABOUT 57 YEARS SHARE NO.08/10 - 18 - NC: 2025:KHC:7285 WP No. 33850 of 2024 119. RAJU S/O. NAGAPPA AGED ABOUT 47 YEARS SHARE NO.11/10 120. SANTHOSH S/O. SHEKARAPPA AGED ABOUT 55 YEARS SHARE NO.12/10 121. CHANDRAPPA S/O. GUTHYAPPA AGED ABOUT 58 YEARS SHARE NO.14/10 122. BUDYAPPA S/O. JADEYAPPA AGED ABOUT 55 YEARS SHARE NO.15/10 123. KIRANA S/O. BUDYAPPA AGED ABOUT 36 YEARS SHARE NO.15/10 124. NETRAVATHI W/O. MALLESHAPPA AGED ABOUT 40 YEARS SHARE NO.19/10 125. KERIAYAPPA S/O. HUCHHAPPA AGED ABOUT 48 YEARS SHARE NO.23/10 - 19 - NC: 2025:KHC:7285 WP No. 33850 of 2024 126. HOLIYAPPA S/O. HUCHHAPPA AGED ABOUT 620 YEARS SHARE NO.26/10 127. GANESHAPPA S/O. HUCHHAPPA AGED ABOUT 55 YEARS SHARE NO.27/10 128. ESHWARAPPA S/O. HUCHHAPPA AGED ABOUT 60 YEARS SHARE NO.28/10 129. GNANESH S/O. MANCHAPPA AGED ABOUT 50 YEARS SHARE NO.31/10 130. MANJAPPA S/O DYAVAPPA AGED ABOUT 52 YEARS SHARE NO 32/10 131. LOKESH S/O MARUTHYAPPA AGED ABOUT 55 YEARS SHARE NO 36/10 132. K H BOGARAJ S/O K R HUVAPPA AGED ABOUT 57 YEARS SHARE NO 37/11 - 20 - NC: 2025:KHC:7285 WP No. 33850 of 2024 133. SHANKRAPPA S/O GUTHYAPPA AGED ABOUT 50 YEARS SHARE NO 37/11 134. VIRESH GOWDA S/O REVANAPPA GOWDA AGED ABOUT 55YEARS SHARE NO 61/11 135. D VINAYAKA S/O DOAAPPA AGED ABOUT 50 YEARS SHARE NO 93/11 136. MEGARAJ S/O BANGARAPPA AGED ABOUT 52 YEARS SHARE NO 101/11 137. SHANRAPPA S/O RANAGAPPA AGED ABOUT 55 YEARS SHARE NO 104/11 138. G NAGENDRA S/O GIDDAPPA AGED ABOUT 45 YEARS SHARE NO 106/11 139. NATARAJ GOWDA S/O BUDYAPPA GOWDA AGED ABOUT 55 YEARS SHARE NO 109/11 - 21 - NC: 2025:KHC:7285 WP No. 33850 of 2024 140. OMKARAPPA B S/O BANGARAPPA AGED ABOUT 46 YEARS SHARE NO 124/11 141. K GURUMURTHY S/O KERIYAPPA AGED ABOUT 47 YEARS SHARE NO 128/11 142. MADHU G K S/O GEDDAPPA AGED ABOUT 55 YEARS SHARE NO 130/11 143. GOPAL ACHAR S/O KRISHN ACHAR AGED ABOUT 50 YEARS SHARE NO 147/11 144. ROOPA W/O PRAKASH GOWDA AGED ABOUT 38 YEARS SHARE NO 160/11 145. NAGARAJ ESHWARAPPA S/O ESHWARAPPA AGED ABOUT 55 YEARS SHARE NO 194/11 146. RENUKAMMA W/O KERIYAPPA AGED ABOUT 46 YEARS SHARE NO 196/11 147. PRASAD JOIS S/O SHRIDAR JOIS AGED ABOUT 55 YEARS SHARE NO 191/11 - 22 - NC: 2025:KHC:7285 WP No. 33850 of 2024 148. SHANMUKA S/O JANAGANNATH SWAMY AGED ABOUT 50 YEARS SHARE NO 02/12 149. H N DEVADAS S/O NARAYANAPPA AGED ABOUT 49 YEARS SHARE NO 18/12 150. SHILPA D B W/O PRADEEP NAIK AGED ABOUT 36 YEARS SHARE NO 21/12 ALL ARE MEMBERS OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANDIGE, ANDIGE VILLAGE, SORABA TALUK, SHIVAMOGGA 577 429. …PETITIONERS (BY SRI. SANDESH T B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES - 23 - NC: 2025:KHC:7285 WP No. 33850 of 2024 SHIVAMOGGA DISTRICT-577201. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SAGARA SUB-DIVISION , SAGARA TALUK, SHIVAMOGGA DISTRICT-577401. 5. CHIEF EXECUTIVE OFFICER. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., ANDIGE VILLAGE, SORABA TALUK, SHIVAMOGGA-577429. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD.ANDIGE ANDIGE VILLAGE, SORABA TALUK, SHIVAMOGGA-577429, …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 - SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST AND VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 14.12.2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 24 - NC: 2025:KHC:7285 WP No. 33850 of 2024 ORAL ORDER Learned counsel for the petitioners files a memo, which reads as under: "That the under signed counsel submits that the petitioners seeking voting rights of the election to their Society and now the Society election over and result also declared, Hence this petition become infructuous and same may be accepted in the interest of justice and equity." 2. Memo is taken on record. 3.
Decision
In view of memo, the writ petition is dismissed as having become infructuous. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 53 CT:SNN