Writ Petition No. 35161 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5115 WP No. 35161 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. 35161 OF 2024 (CS-EL/M) BETWEEN: 1. POORNA PRAKASH M J S/O JAGADEESH AGED ABOUT 38 YEARS 2. SRIDHARA M B S/O BELLE NAYAK AGED ABOUT 67 YEARS 3. DHARMA NAYAK J S S/O SUBANNA NAYAK AGED ABOUT 68 YEARS 4. SRIKANTA M B S/O BELLE NAYAK AGED ABOUT 66 YEARS 5. PREETHAM V S S/O SHAMANNA AGED ABOUT 68 YEARS 6. JAGADEESH M S S/O SHANKARAPPA HEGDE AGED ABOUT 74 YEARS 7. SUSHEELAMMA M B W/O SHAMANNA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5115 WP No. 35161 of 2024 AGED ABOUT 84 YEARS 8. DEVENDRA H S S/O SEENAPPA NAYAK AGED ABOUT 72 YEARS 9. SHARADAMMA W/O SHANKARAPPA GOWDA AGED ABOUT 80 YEARS 10. KALASAPPA GOWDA S/O THAME GOWDA AGED ABOUT 78 YEARS 11. CHANDRASHEKARA B S S/O SHANKAR RAO AGED ABOUT 81 YEARS 12. RAMANNA S C S/O CHANNE GOWDA AGED ABOUT 82 YEARS 13. ESHWAR K S S/O SIDDAPPA GOWDA AGED ABOUT 55 YEARS 14. RAMAPPA NAIK T S S/O SHIVAPPA NAIK AGED ABOUT 83 YEARS 15. GIRIYAPPA NAIK S/O SHIVAPPA NAIK AGED ABOUT 82 YEARS - 3 - NC: 2025:KHC:5115 WP No. 35161 of 2024 16. VENKATAIAH S/O GIDDE NAYAK AGED ABOUT 71 YEARS 17. SUNANDA W/O BELLAPPA AGED ABOUT 68 YEARS 18. SUSHEELAMMA W/O SHANKARAPPA NAYAK AGED ABOUT 76 YEARS 19. M T KALASAPPA S/O THAMMA NAYAK AGED ABOUT 68 YEARS 20. J T SHIVAPPA GOWDA S/O THAME GOWDA AGED ABOUT 82 YEARS 21. SUMITHRA W/O KISHNA MURTHY AGED ABOUT 58 YEARS 22. GIRIJA J T S/O THIMMAPPA GOWDA AGED ABOUT 55 YEARS 23. VIMALA W/O GANESH AGED ABOUT 47 YEARS 24. DEVANNA M T S/O THAMMANAYAK AGED ABOUT 62 YEARS - 4 - NC: 2025:KHC:5115 WP No. 35161 of 2024 25. VENKATESH T K S/O KADAPPA NAYAK AGED ABOUT 58 YEARS
Legal Reasoning
26. SRIKANTA T K S/O KADAPPA NAYAK AGED ABOUT 57 YEARS 27. JAYAMMA W/O CHANDRAPPA C K AGED ABOUT 68 YEARS 28. JAYAMMA M M W/O KRISHNAIAH AGED ABOUT 65 YEARS 29. SHILPA W/O PRASANNA AGED ABOUT 44 YEARS 30. GEETHA K V W/O VENKATESH AGED ABOUT 58 YEARS 31. BOJA BANDARI B K S/O KRISHNA BANDARI AGED ABOUT 72 YEARS 32. JAYAMMA W/O GOPALA GOWDA AGED ABOUT 75 YEARS 33. HEMAVATHI W/O KRISHNAPPA GOWDA AGED ABOUT 74 YEARS - 5 - NC: 2025:KHC:5115 WP No. 35161 of 2024 34. INDRAMMA W/O KALASAPPA AGED ABOUT 74 YEARS 35. B T CHANNAIAH S/O THIME GOWDA AGED ABOUT 70 YEARS 36. CHANDRASHEKARA S/O VENKATE GOWDA AGED ABOUT 64 YEARS 37. KRISHNAPPA M V S/O VENKATE GOWDA AGED ABOUT 65 YEARS 38. K K RAMESH S/O KALASAPPA GOWDA AGED ABOUT 49 YEARS 39. SUDHAKARA K K S/O KALASAPPA GOWDA AGED ABOUT 63 YEARS 40. KAMALAKSHI W/O KRISHNAPPA GOWDA AGED ABOUT 60 YEARS 41. JAGADEESH M S S/O SIDDAPPA GOWDA AGED ABOUT 58 YEARS 42. BABY W/O CHANDRASHEKARA AGED ABOUT 57 YEARS - 6 - NC: 2025:KHC:5115 WP No. 35161 of 2024 43. MAHESH M S S/O SESHA GOWDA AGED ABOUT 54 YEARS 44. SHEIK IBRAMAHIM K K S/O BUDAN SAHEB AGED ABOUT 60 YEARS 45. SRILATHA W/O HOOVANNA AGED ABOUT 59 YEARS 46. JAYANANDA H C S/O CHINNAPPA NAYAK AGED ABOUT 70 YEARS 47. THARANATH H M S/O MALAPPA NAYAK AGED ABOUT 62 YEARS 48. SRINIVAS K S S/O SHANKARAPPA NAYAK AGED ABOUT 70 YEARS 49. UDAYA KUMAR D S S/O SHANKARAPPA GOWDA AGED ABOUT 60 YEARS 50. BHANUMATHI W/O RAMAPPA AGED ABOUT 65 YEARS 51. SAROJA K B W/O KRISHNAPPA AGED ABOUT 68 YEARS - 7 - NC: 2025:KHC:5115 WP No. 35161 of 2024 52. RENUKA B R W/O MANAPPA GOWDA AGED ABOUT 62 YEARS 53. BHAGYA A C W/O RAMESH K K AGED ABOUT 44 YEARS 54. SHIVARAM H V S/O VENKATE GOWDA AGED ABOUT 73 YEARS 55. SUDHA B N W/O NARENDRA N K AGED ABOUT 49 YEARS 56. PRANY N N S/O NARENDRA N K AGED ABOUT 27 YEARS 57. PUSHPA B Y W/O SRIDHRAR H V AGED ABOUT 48 YEARS 58. RATHNA W/O VASUDEV N S AGED ABOUT 53 YEARS 59. SANJAY K S S/O VIJAY N K AGED ABOUT 63 YEARS 60. MADHURA W/O ESHWARAPPA B S AGED ABOUT 47 YEARS - 8 - NC: 2025:KHC:5115 WP No. 35161 of 2024 61. SHRUTHI H R W/O MITHRA K T AGED ABOUT 38 YEARS 62. GANAVI W/O SHIVARAJA MURTHY AGED ABOUT 35 YEARS 63. JAYANTHI W/O ENEHS H S AGED ABOUT 55 YEARS 64. VINDHYA H V W/O KAVIRAJ AGED ABOUT 40 YEARS 65. SUVARNA W/O SRIKANTA AGED ABOUT 67 YEARS 66. KALAVATHI W/O MAHESH AGED ABOUT 50 YEARS 67. BHARATH E M S/O MAHESH AGED ABOUT 27 YEARS 68. SINCHANA A M W/O ARUNA AGED ABOUT 32 YEARS 69. SAVITHA W/O PADMANABHA M R AGED ABOUT 56 YEARS - 9 - NC: 2025:KHC:5115 WP No. 35161 of 2024 70. MANJUNATHA K P S/O. CHUDE GOWDA AGED ABOUT 62 YEARS 71. ANIL KUMAR S/O RAMAPPA GOWDA AGED ABOUT 38 YEARS 72. SHEIK MAIDEN S/OI IMAM SAHEB AGED ABOUT 72 YEARS 73. MANJUNATHA K S S/O SEENAPPA HEGDE AGED ABOUT 45 YEARS 74. YOGAPPA T K S/O KRISHNAPPA NAIK AGED ABOUT 58 YEARS 75. YASHODA W/O SHANKARAPPA GOWDA AGED ABOUT 75 YEARS ALL ARE MEMBERS OF BIKKALI PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI. BIKKALI KOPPA TALUK-577120 CHIKKAMANGALURU DISTRICT (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) …PETITIONERS - 10 - NC: 2025:KHC:5115 WP No. 35161 of 2024 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPEARTION M S BUILDING BANGALORE - 560 001 2. THE CO-OPEARTIVE ELECTION AUTHORITY CO-OPERATIVE ELECTION AUTHROITY 3RD FLOOR SHANTHINAGAR BUS STOP BENGALURU - 560 027 3. THE RETURNING OFFICER BIKKALI PARATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NI. BIKKALI KOPPA TALUK CHIKKAMANGALURU DISTRICT 4. TEH BIKKALI PRATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NI. BIKKALI KOPPA TALUK 577120 CHIKKAMANGALURU DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959 (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R3; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R4 - SERVED & UNREPRESENTED) …RESPONDENTS - 11 - NC: 2025:KHC:5115 WP No. 35161 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST DATED NIL IN NUMBER NIL VIDE ANNX-A AND B PUBLISHED BY R-4 IN SO FAR AS THE PETITIONERS ARE CONCERNED 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 The petitioners are seeking for the following prayers:- "i) Issue a writ in the nature of certiorari quashing the ineligible voters list dated nil in number nil vide Annexure-A and B published by respondent No.4 in so far as the petitioners are concerned. (ii) Issue a Writ in the nature of Mandamus or any other appropriate writ or order or direction directing the respondents to include the names of the petitioners in the eligible voters list and conduct the elections to the managing committee of respondent No.4 society as per the calendar of events dated 13.12.2024 proposing to hold the elections on - 12 - NC: 2025:KHC:5115 WP No. 35161 of 2024 05.01.2025 as per Annexure-C issued by respondent No.3. " 2. This Court by way of an interim arrangement on 20.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 05.01.2025 subject to final outcome of this petition. 3. Heard Sri Jai Prakash Reddy .M, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 3 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.4 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 05.01.2025 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners - 13 - NC: 2025:KHC:5115 WP No. 35161 of 2024 are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to 1 2022 (4) AKR 775 - 14 - NC: 2025:KHC:5115 WP No. 35161 of 2024 be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:
Decision
i. Writ petition is disposed of. ORDER ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 05.01.2025, if not already announced. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. - 15 - NC: 2025:KHC:5115 WP No. 35161 of 2024 iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA VS List No.: 2 Sl No.: 21