Writ Petition No. 35222 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:13463 WP No. 35222 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35222 OF 2024 (CS-EL/M) BETWEEN: 1. SRI CHINNAYA GOWDA, S/O ANNAYYA GOWDA AGED ABOUT 70 YEARS, R/O BADGBAILU, CHIKKODABAILU POST, THEERTHAHALLI TQ, SHIVAMOGGA DIST.-577432. SHARE A/C NO. 220100 2. SRI KOLLAPPA GOWDA W/O SIDDAPPA GOWDA, AGED ABOUT 82 YEARS, R/O YADMANE, CHIKKODABAILU POST THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 220334
Legal Reasoning
3. SMT. LEELAVATHI Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA W/O GOPALA GOWDA AGED ABOUT 40 YEARS, R/O YADMANE, CHIKKODABAILU POST THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432 SHARE A/C NO. 220423 4. SMT. YASHODA, W/O LAKSHMANA GOWDA AGED ABOUT YEARS, R/O KEREKOPPA, KAMMARADI POSTS THEERTHAHALLI TQ SHIVAMOGGA DIST.-577432. SHARE A/C NO. 220381 5. SRI. THIMMAPPA S/O CHINNA NAIK - 2 - NC: 2025:KHC:13463 WP No. 35222 of 2024 AGED ABOUT 82 YEARS, R/O YALGODU, CHIKKODABAILU POST THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 220524. 6. SRI. PARAMESHWARA BATTA, S/0 RAMAKRISHNA BATTA AGED ABOUT 80 YEARS, R/O CHIKKODABAILU AT POST, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 220492. 7. SMT. VIMALAMMA, W/O TIMMAPPA GOWDA AGED ABOUT 70 YEARS, R/O YADMANE, CHIKKODABAILU POST THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200232 8. SRI. RAMESH B A, S/O ANNAYYAGOWDA AGED ABOUT 47 YEARS, R/O MUTTUVALI, RAMAKRISHNAPURA THEERTHAHALLI TQ. SHIVAMOGGA DIST.-57743 SHARE A/C NO. 220042 9. SRI. MANJUNATH S/O PUTTAPPA GOWDA AGED ABOUT 45 YEARS, R/O HOLAHURU, BETAGERI, THEERTHAHALLI TQ. SHIVAMOGGA DIST-577432 SHARE A/C NO. 220038 10. SRI. VASAPPA GOWDA, S/O DUGGAPPA AGED ABOUT 75 YEARS, R/A HOLALURU, BETAGEDI, THEERTHAHALLI TO. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200238, - 3 - NC: 2025:KHC:13463 WP No. 35222 of 2024 11. SRI. VISHNUMURTHI, S/O VENKATARAMANAYYS AGED ABOUT 62 YEARS, R/O KODIGEBAILU, THIRTHAMUTTURU, THEERTHAHALLI TO. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200369 12. SRI. TAMMAYYA GOWDA, S/O SUBBAYYA GOWDA AGED ABOUT 74 YEARS, R/O KODIGEBALLU, THIRTHAMUSTURU, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200186. 13. SRI. NAGESH TM S/O MANJANAIK AGED ABOUT 49 YEARS, R/O THIRTHAMUTTURU, THEERTHAHALLI TQ. SHIVAMOGGA DIST. 577432. SHARE A/C NO. 2200505 14. SRI. ANNAYYA GOWDA S/O HONNAYYA GOWDA AGED ABOUT 91 YEARS, R/O KODIGEBALLU, THIRTHAMUTTURU, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200220. 15. SRI. SHANKARAPPA GOWDA S/O VIRAYYA GOWDA AGED ABOUT 71YEARS, R/O THIRTHAMUTTURU, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200172. 16. SRI. USUFF, S/O HUSENABBA AGED ABOUT 55 YEARS, R/O BAVANI, RAMAKRISHNA, THEERTHAHALLI TQ. SHIVAMOGGA DIST. 577432. SHARE A/C NO. 2200510. - 4 - NC: 2025:KHC:13463 WP No. 35222 of 2024 17. SMT. GITHA W/O DATTATREYA AGED ABOUT 48 YEARS, R/O SETTIHALLI, RAMAKRSIHNA, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200530 18. SRI. KRISHNAMURTHI, 3/E MANJAPPA GOWDA AGED ABOUT 72 YEARS, R/O DASIAKODIGE, RAMAKRISHNAPURA THEERTHAHALLI TQ. SHIVAMOGGA DIST-577432. SHARE A/C NO. 2200096. 19. SMT. RADAMMA W/O PUTTAPPA AGED ABOUT 71 YEARS, R/O MAITANI, RAMKRISHNAPURA. THEERTHAHALLI TQ. SHIVAMOGU DIST.-577432 SHARE A/C NO. 2200471. 20. SMT. VIJAYALAKAMI W/O RAJASHEKAR AGED ABOUT 60 YEARS, R/O KESARAVALLI, RAMAKRISHNAPURA, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200507 21. SMT. SUNADA W/O SHANKARAPPAGOWDA AGED ABOUT 54 YEARS, R/O BAVANI, RAMAKRSIHNAPURA, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200508 22. SRI. SHESHAPPA @ YOGENDRA, S/O TIMMANAIK AGED ABOUT 74 YEARS, R/O BARAGODU, RAMAKRISHNAPURA, THEERTHAHALLI TQ. - 5 - NC: 2025:KHC:13463 WP No. 35222 of 2024 SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200432. 23. SRI. CHANDRASHEKHAR S/O TIMMAPPA NAIK AGED ABOUT 48 YEARS, R/O BARGODU, RAMAKRISHNAPURA, THEERTHAHALLI TQ. SHIVAMOGGA DIST-577432. SHARE A/C NO. 2200187. 24. SMT. RATNAMMA W/O CHUDANAIK AGED ABOUT 70 YEARS, R/O BARAGODU, RAMKRISHNAPURA THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200324 25. SMT. INDIRAMMA, W/O LAKHMANANAIK AGED ABOUT 57 YEARS, R/O BARAGODU, RAMAKRISHNAPURA, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200094 26. SMT. LALITHA B.S W/O CHINNAIAH, AGED ABOUT 50 YEARS, R/O PARVATHAPUR, RAMAKRISHNAPURA POST, THEERTHAHALLI TQ, SHIVAMOGGA DIST. 577432. SHARE A/C NO. 220469. 27. SRI. RAMAPPA, S/O MANJANNA AGED ABOUT 78 YEARS, R/O MAITANI, RAMAKRISHNAPURA, THEERTHAHALLI TQ. SHIVAMOGGA DIST.-577432. SHARE A/C NO. 2200526. (BY SRI. VARUN JAYKUMAR PATIL.,ADVOCATE) …PETITIONERS - 6 - NC: 2025:KHC:13463 WP No. 35222 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY 3. THEERTHAMATTURU PRIMARY AGRICULTURAL CREDIT CREDIT CO-OPERATIVE SOCIETY LTD., RAMAKRISHNAPURA THEERTHAHALLI TALUK SHIVAMOGGA DISTRICT-577432 REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, THEERTHAMATTURU PRIMARY AGRICULTURAL CREDIT CREDIT CO-OPERATIVE SOCIETY LTD., RAMAKRISHNAPURA THEERTHAHALLI TALUK SHIVAMOGGA DISTRICT-577432 (BY SRI. YOGESH D.NAIK., AGA FOR R1; SRI. T.L. KIRAN KUMARN., ADVOCATE FOR R2; R3 & R4-SERVED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTTUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNX- C AND PERMIT THE PETITIONERS TO CASE THEIR VOTE IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 29.12.2024 IN SO FAR AS THE PETITIONER ARE CONCERNED AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:13463 WP No. 35222 of 2024 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA is directed to accept notice for respondent No.1. Sri.T.L.Kiran Kumar., learned counsel is directed to accept notice for respondent No.2. 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. 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 Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility 1 W.P.No.8502/2022 dated 7.6.2022 - 8 - NC: 2025:KHC:13463 WP No. 35222 of 2024 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: i. ii.
Decision
ORDER The Writ Petition is disposed of. The Returning Officer is directed to announce the result within seven days from the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter. iii. In the event of any proceeding being filed in relation to the results of the election under - 9 - NC: 2025:KHC:13463 WP No. 35222 of 2024 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 SR List No.: 1 Sl No.: 67