Writ Petition No. 34982 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5042 WP No. 34982 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34982 OF 2024 (CS-EL/M) BETWEEN: 1. SADASHIVA SHETTY, S/O VENKAPPA SHETTY, AGED ABOUT 74 YEARS, MEMBER NO.7012. 2. MANJAPPA SHETTY, S/O BABU SHETTY, AGED ABOUT 64 YEARS, MEMBER NO.7478. 3. PRADEEP KUMAR MARLA, S/O JAGANNATH MARLA, AGED ABOUT 65 YEARS, MEMBER NO.7621. 4. MAMATHA, D/O RAJU SHETTY, AGED ABOUT 63 YEARS, MEMBER NO.7678. 5. VEERAPPA POOJARY, S/O BOGRA POOJARI, AGED ABOUT 71 YEARS, MEMBER NO.5601. 6. HEMAVATHI, D/O MONAPPA RAI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5042 WP No. 34982 of 2024 AGED ABOUT 73 YEARS, MEMBER NO.5694. 7. NALINI RAO, D/O RAGHAVA RAO, AGED ABOUT 74 YEARS, MEMBER NO.6453. 8. RAGHAVENDRA ACHAR, S/O KRISHAN ACHAR, AGED ABOUT 73 YEARS, MEMBER NO.6758. 9. PUSHPARAJ SHETTY S/O MADAPPA SHETTY AGED ABOUT 75 YEARS MEMBER NO.6887. 10. ROY PRAKASH SIMSON, S/O HENRY SIMSON, AGED ABOUT 65 YEARS, MEMBER NO.7109. 11. RAVIRAJ ACHAR, S/O KRISHNA ACHAR, AGED ABOUT 70 YEARS, MEMBER NO.7220. 12. T LAXMI, D/O C H BALAKRISHNA, AGED ABOUT 70 YEARS, MEMBER NO.7334. 13. DODDAYYA SHETTIGAR, S/O CHINNA SHETTIGAR, AGED ABOUT 65 YEARS, - 3 - NC: 2025:KHC:5042 WP No. 34982 of 2024 MEMBER NO.7335. 14. UMESH SHETTY, S/O HONNAYYA SHETTY, AGED ABOUT 65 YEARS, MEMBER NO.7347. 15. RATHNAKAR SHETTY, S/O JANARDHAN SHETTY, AGED ABOUT 65 YEARS, MEMBER NO.7369. 16. Y RAGHAVENDRA RAO, S/O KRISHNA RAO, AGED ABOUT 64 YEARS, MEMBER NO.7393. 17. KARIYA SHETTY, S/O KORAGA SHETTY, AGED ABOUT 70 YEARS, MEMBER NO.7499. 18. SADANANDA ACHARYA, S/O SUBBANNA ACHARYA, AGED ABOUT 63 YEARS, MEMBER NO.7624. 19. PANDURANGA KOTIAN, S/O PUNCHA MAR, AGED ABOUT 65 YEARS, MEMBER NO.7739. 20. HARINARAYAN DAS ASRANNA, S/O SADANANDA ASRANNA, AGED ABOUT 56 YEARS, MEMBER NO.7744. - 4 - NC: 2025:KHC:5042 WP No. 34982 of 2024 21. KAMALA DEVIPRASAD ASRANNA, D/O SADANANDA ASRANNA, AGED ABOUT 58 YEARS, MEMBER NO.7746. 22. RAVISHANKAR RAI, S/O P M KORAGA RAI, AGED ABOUT 66 YEARS, MEMBER NO.7756. 23. THILOTHAMA G K, W/O NONAIAH G K, AGED ABOUT 63 YEARS, MEMBER NO.7764. 24. BHOJA KOTIAN, S/O AITTU POOJARI, AGED ABOUT 63 YEARS, MEMBER NO.7771. 25. KOOSA MOOLYA, S/O MAHABALA MOOLYA, AGED ABOUT 55 YEARS, MEMBER NO.7965. 26. UDAYA PRAKASH NAYAK, S/O VAMANA NAYAK, AGED ABOUT 58 YEARS, MEMBER NO.8168. 27. PRAVEENA, S/O I RAGHAVA BANGERA, AGED ABOUT 59 YEARS, MEMBER NO.8200. - 5 - NC: 2025:KHC:5042 WP No. 34982 of 2024 28. REKHA MARLA, D/O PRADEEP MARLA, AGED ABOUT 58 YEARS, MEMBER NO.8216. 29. ANANDA RAO, S/O Y RAMACHANDRA RAO, AGED ABOUT 63 YEARS, MEMBER NO.8237. 30. DINESH RAO, S/O BHASKAR RAO, AGED ABOUT 70 YEARS, MEMBER NO.8247. 31. PURANDARA RAO, S/O GUDDA BALJADA, AGED ABOUT 56 YEARS, MEMBER NO.8254. 32. GOPALA, S/O MEENA MOOLYA, AGED ABOUT 60 YEARS, MEMBER NO.8340. 33. MURLIDHARA, S/O ADHYA PAADI, AGED ABOUT 60 YEARS, MEMBER NO.8381. 34. RONALD FERNANDES, S/O MARTIN FERNANDES, AGED ABOUT 50 YEARS, MEMBER NO.8443. - 6 - NC: 2025:KHC:5042 WP No. 34982 of 2024 35. RAGHUNATH SHETTY, S/O SIDDU SHETTY, AGED ABOUT 61 YEARS, MEMBER NO.8231. 36. PREMANANDA SHETTY, S/O SUBBAIAH SHETTY, AGED ABOUT 55 YEARS, MEMBER NO.8493.
Legal Reasoning
37. K SRINIVAS KARKERA, S/O OMAIAH POOJARI, AGED ABOUT 56 YEARS, MEMBER NO.8578. 38. YATHIRAJ, S/O HEMAIAH SHETTY, AGED ABOUT 45 YEARS, MEMBER NO.8628. 39. SUKANYA, W/O DEVAPPA SHETTY, AGED ABOUT 61 YEARS, MEMBER NO.8594. 40. UMESH SHETTY, S/O NARAYANA SHETTY, AGED ABOUT 66 YEARS, MEMBER NO.8620. 41. LIDWINA D'COSTA, S/O VINCENT D'COSTA, AGED ABOUT 53 YEARS, MEMBER NO.8633. - 7 - NC: 2025:KHC:5042 WP No. 34982 of 2024 42. GILBERT D'SOUZA, S/O SALVADOR D'SOUZA, AGED ABOUT 73 YEARS, MEMBER NO.8650. 43. SRIDEVI, D/O RAMACHANDRA, AGED ABOUT 61 YEARS, MEMBER NO.8696. 44. NARESH RAO, S/O DR BHAKSKAR RAO, AGED ABOUT 59 YEARS, MEMBER NO.8707. 45. KARUNAKAR SHETTY, S/O JARANNA SHETTY, AGED ABOUT 58 YEARS, MEMBER NO.8712. 46. KUTTI SHETTY, S/O VASU SHETTY, AGED ABOUT 67 YEARS, MEMBER NO.8715. 47. HEMANATH SHETTY, S/O KANTHAPPA SHETTY, AGED ABOUT 55 YEARS, MEMBER NO.8722. 48. SRIDHAR SHETTY, S/O ITHAPPA SHETTY, AGED ABOUT 56 YEARS, MEMBER NO.8735. - 8 - NC: 2025:KHC:5042 WP No. 34982 of 2024 49. SHARADA, W/O BHOJA MOOLYA, AGED ABOUT 68 YEARS, MEMBER NO.8750. 50. SAVITHA, W/O SAVITHA PANDURANGA KOTIAN, AGED ABOUT 60 YEARS, MEMBER NO.8787. 51. JAYANTH SUVARNA, S/O B LINGAPPA, AGED ABOUT 77 YEARS, MEMBER NO.8841. 52. BHASKAR MOOLYA, S/O DEDU MOOLYA, AGED ABOUT 55 YEARS, MEMBER NO.8849. 53. RAJASHEKARA NAIK, S/O B NARAYANA, AGED ABOUT 51 YEARS, MEMBER NO.8881. 54. SHAILA SHETTY, W/O SUNETHRA SHETTY, AGED ABOUT 49 YEARS, MEMBER NO.8887. 55. BHOJA NAIK, S/O DHARMAPPA NAIK, AGED ABOUT 52 YEARS, MEMBER NO.9001. - 9 - NC: 2025:KHC:5042 WP No. 34982 of 2024 56. PADMANABHA POOJARY, S/O DOMBAIAH POOJARY, AGED ABOUT 50 YEARS, MEMBER NO.9011. 57. CHANDRASHEKAR RAI, S/O D NARAYANA RAI AGED ABOUT 63 YEARS, MEMBER NO.9036. 58. LOWRENCE FERNANDDES S/O INTU MANUAL FERNANDES AGED ABOUT 69 YEARS MEMBER NO.9041. 59. SALSTANE FERNANDES, S/O LOWRENCE FERNANDES, AGED ABOUT 59 YEARS, MEMBER NO.9049. 60. JAYASHANKAR M SHETTY, S/O MANJAYYA SHETTY, AGED ABOUT 71 YEARS, MEMBER NO.9068. 61. HASSAN IQBAL, S/O M H SHEKAL, AGED ABOUT 53 YEARS, MEMBER NO.9075. 62. JALAJAKSHI SHETTY, W/O SADANANDA SHETTY, AGED ABOUT 66 YEARS, MEMBER NO.9076. - 10 - NC: 2025:KHC:5042 WP No. 34982 of 2024 63. SHYAM PRASAD SHETTY, S/O SHREEDHAR SHETTY, AGED ABOUT 50 YEARS, MEMBER NO.9080. 64. HELEN RITA D'SILVA, S/O NOVEL D' SILVA, AGED ABOUT 48 YEARS, MEMBER NO.9107. 65. RITA D'SOUZA, W/O STANI D'SOUZA, AGED ABOUT 54 YEARS, MEMBER NO.9108. 66. DURGA PRASAD SHETTY, S/O THIMMAPPA SHETTY, AGED ABOUT 51 YEARS, MEMBER NO.9155. 67. V KANNAN, S/O VELLA SWAMY, AGED ABOUT 59 YEARS, MEMBER NO.9162. 68. K NITHYANAND RAI, S/O DHOMMMANNA RAI, AGED ABOUT 62 YEARS, MEMBER NO.9189. ALL ARE THE MEMBERS OF BAJPE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. BAJPE MANGALORE, - 11 - NC: 2025:KHC:5042 WP No. 34982 of 2024 D.K.DISTRICT - 577 201. (THE PETITIONERS AGED ABOVE 60 YEARS DO NOT CLAIM THE BENEFIT OF SENIOR CITIZEN) …PETITIONERS (BY SRI. RAKSHITH KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY. 3. BAJPE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959, BAJPE MANGALORE, D K DISTRICT - 574 142. REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, BAJPE AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959, BAJPE MANGALORE, D K DISTRICT - 574 142. (BY SRI.YOGESH.D.NAIK., AGA FOR R1 AND R-4; SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R-2) …RESPONDENTS - 12 - NC: 2025:KHC:5042 WP No. 34982 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 22.12.2024 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners' has filed a memo for withdrawal, which reads as under: "The counsel for the petitioner respectfully submits that, the petitioner does not wish to pursue the above writ petition. The petitioners may be permitted to withdraw the above writ petition in the interest of justice and equity." 2. The memo is taken on record. 3. In light of the memo filed, the petition stands dismissed as withdrawn. Sd/- JUSTICE K.S. HEMALEKHA AMA/List No.: 1 Sl No.: 9