Writ Petition No. 35282 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3536 WP No. 35282 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35282 OF 2024 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. SRI. LINGARAJU M S/O MANTHIGOWDA AGED 50 YEARS, R/AT. NO.51, 2ND CROSS, K.MUTT, K G NAGAR BANGALORE-560019 SRI. C K MANJUNATH S/O KALAIAH AGED 43 YEARS, R/AT NO.16, 1ST D MAIN ROAD, 15TH CROSS, MTS LAYOUT, K S TOWN, BANGALORE SOUTH-560060 SRI. PREMESH B N S/O B.N. NAGARAJ AGED 40 YEARS, R/AT.NO 434/C, 24TH CROSS 18TH MAIN 3RD SECTROR HSR LAYOUT, BANGALORE-560102 SRI. SATHISH H K S/O KRISHNAPPA HURALIHALLI, AGED 40 YEARS, R/AT. BUDHIHAL POST NELAMANGLA TQ BANGALORE RURAL -562123 SRI. R MALLESH S/O RANGAPPA AGED 43 YEARS, R/AT. NO.320, LALBHAG SIDDAPUR, GUTTEPALYA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3536 WP No. 35282 of 2024 6. 7. 8. 9. JAYANAGAR 1ST BLOCK BANGALORE-560011 SRI. PATRAYA SATIGERI S/O KALLAYYA AGED 39 YEARS R/AT. GANAPATIHALLI JANATHA COLONY, CHUNCHUKUPE TAVAREKERE-562130 SRI LAKAPPA HACHIYAL S/O LAGASHAPPA AGED 43 YEARS, R/AT. HARANALA, DEVARAHIPPARAGI TQ VIJAYAPURA-586115 SRI. SATYAPPA PARASAPPA GURIKAR S/O PARASAPPA AGED 45 YEARS, R/AT.NO 662, LAKKUNDI WARD HNL 605, B TO 746 VILLAGE, GADAG-582115, SRI. R DINESH S/O B N RAMU AGED 57 YEARS R/AT. NO 47, 3RD MAIN ROAD BYRAWESHWARANAGAR BANGALORE-72 10. SRI. B V SHASHIKALA D/O VARADHAIA AGED 52 YEARS, R/AT. MANGALAVARPETE CHANNAPATNA RAMANAGAR DIST-562180 11. SRI. LATHA H C S/O CHADRA AGED ABOUT 42 YEARS, R/AT.NO.31/1, NEAR ANJANEYA TEMPLE OPPOSITE ROAD, - 3 - NC: 2025:KHC:3536 WP No. 35282 of 2024 GEDDALAHALLI, BANGALORE-560094 12. SRI. RAGHUNATH HR S/O RAMANJANAYA AGED ABOUT 39 YEARS, R/AT. NEAR KABBALAMMA TEMPLE, HYADLU, MYLANAHALLI, BANGALORE RURAL-562123 13. SRI. H P VIJAYACHANDRA S/O PARAMESHWARAPPA AGED ABOUT 50 YEARS, R/AT.NO.602, PRASHANTH NAGARA, MANDYA TOWN, MANDYA-571401 14. SRI. SRINIVAS A S/O M A SRISYLA AGED ABOUT 41 YEARS, R/AT. KSRTC QTRS JAYANAGARA BANGALORE-560041 15. SRI. C RAMAIAH S/O CHITTAPPA AGED 60 YEARS, R/AT.NO.47, 16TH MAIN, 11TH CROSS, BTM, TAVARAKERE, BANGALORE-560029 16. SRI. CHENDIL KUMAR S/O V SRINIVAS AGED 49 YEARS R/AT. NO 48/25-13, 7TH MAIN, 8TH CROSS, VENKATAPURA EXTENSION, KORAMANGLA BANGALORE SOUTH -560034 17. SRI. H N JAYAPRAKSH S/O NARAYANAPPA AGED ABOUT 43 YEARS, R/AT.NO 48/25-13, 7TH MAIN, 8TH CROSS, - 4 - NC: 2025:KHC:3536 WP No. 35282 of 2024 VENKATAPURA EXTENSION, KORAMANGLA BANGALORE SOUTH -560034 18. SRI. D R GIRISH S/O RAMAIAH AGED ABOUT 40 YEARS, R/AT. D V HALLI, MADHUGIRI, PIN:577550 19. SRI. SHIVAKUMAR B K S/O KANTAPPA AGED 42 YEARS, NO.274, G B HOSPITAL, VIDYANAGAR CROSS, BETTAHALASURU, BANGALORE. 20. SRI. GANAGDHAR M S/O MARAPPA AGED ABOUT 49 YEARS, R/AT.BETTAKOTE, BANGALORE RURAL-562129 21. SRI. NITHIN KUMAR F T S/O F F THARAKARI AGED 36 YEARS, R/AT.NO 12/10, 1ST CROSS, 22ND MAIN, GUMMAIAH LAYOUT PADMANABHANAGAR, BANGALORE-560070 22. SRI. SHIVAKUMARI W/O T. SHIVAPPA AGED 58 YEARS, R/AT.104, 2ND CROSS PANTHARPALYA, NEAR NAYANDAHALLI BUS STOP BANGALORE SOUTH-560039 23. SRI. K MANJUNATH S/O KADIRAPPA AGED ABOUT 44 YEARS, R/AT.PALYAKERE VILLAGE AND POST - 5 - NC: 2025:KHC:3536 WP No. 35282 of 2024 CHIKKABALLAPUR-563124
Legal Reasoning
The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: 1 ILR 2024 KAR 1901 - 27 - NC: 2025:KHC:3536 WP No. 35282 of 2024 “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election - 28 - NC: 2025:KHC:3536 WP No. 35282 of 2024 process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following:
Arguments
24. SRI. MUTTIGI NARANAGOWDA S/O MUTTAGI HEMAGIRI GOWDA AGED 37 YEARS, R/AT. KESARAHALLI GRAMA VIJAYAPURA TQ -586101 25. SRI. RAJEGOWDA S/O DEVEGOWDA AGED 42 YEARS, R/AT.NO.20, ARAKALAGODU, GANGANALU HEBBALE, HASSAN-573102 26. SRI. H N DEVIKA W/O MURALI G AGED 37 YEARS, R/AT NO. 934/60 KACHANAYAKANAHALLI VILLAGE, JIGANI, BENGALURU-560105 27. SRI. HEMAGIRIMUTT J S S/O SOMAIAH AGED 42 YEARS, R/AT. AJAYYAMATHAD STREET, GUTTAL, HAVERI-581106 28. KALAYANI P C D/O CHANNAPPA AGED 38 YEARS C/O KUMSI, HUCHALLI VILLAGE GULBARGA-585104 29. SRI. V JAYARAMA S/O VEERAPPA AGED 32 YEARS, R/AT. KSRTC QTRS., JAYANAGARA, BANGALORE-560011. 30. SRI. SHIVANANDA MUDODAGI S/O SHANMUKHA MUDODAGI AGED 37 YEARS, R/AT. NO 115/A, SURAGIHALLI - 6 - NC: 2025:KHC:3536 WP No. 35282 of 2024 NEAR HANUMA TEMLE, BIJAPUR-586213 31. SRI. N GOWDAIAH S/O NAGENDRAPPA AGED 57 YEARS, KSRTC QTRS JAYANAGARA BANGALORE-560 011. 32. SRI. MADAPPA S/O NAGARAJU AGED 59 YEARS, R/AT NAGASANDRA, YELAHANKA BANGALORE-560064. 33. SRI. JAYARAM T S/O THIMMANNA AGED 59 YEARS, R/AT. TYAMAGONDGLU NELAMAGALA TALUK, BANGALORE RURAL-562123. 34. SRI. PRAKASH B NANDANVAR S/O NANDANNAVAR AGED 48 YEARS, BASAVARAJ 12/2D BLOCK R/AT JAYARAM BUILDING MUNIVENKATAPPA GARDEN ANEKAL-560099. 35. SRI. RATHNANAIK K S/O KRISHNAIAK AGED 39 YEARS, R/AT.NO. 25, KARIYAPPANAHALLI, BANNERGHATTA, ANEKAL BENGALURU-560083 36. SRI. REVANNA D S/O DYAVANNA AGED 41 YEARS, R/AT. NO 587, RAMANA ROAD, - 7 - NC: 2025:KHC:3536 WP No. 35282 of 2024 KUMARANAHALLI, ANEKAL BENGALURU-560 083. 37. SRI. PRAKASH MADARAKI S/O MYLARAPPA AGED 39 YEARS, R/AT. NO.29, KITAGANUR COLONY, PARVATINAGAR, BANGALORE-560049 38. SRI. SHIVANANDA RATHOD S/O BHEMASHI AGED 42 YEARS, R/AT. MEGALA BEEDHI, VIVEKANADANAGAR, KANAKAPURA-562117 39. SRI. MADHU M A S/O M N ANAND AGED 34 YEARS, R/AT. MATNAHALLI VILLAGE, KOLAR DIST.-563101 40. SRI. GANGANNA S MODAGI S/O SHARANAPPA AGED 50 YEARS, GUDIHALLI, VILLAGE AND POST MUDDEBIHAL, BIJAPUR-586212 41. SRI. CHANDRAKUMAR B S/O BEERALINGAPPA AGED 41 YEARS, R/AT.GOPANAHALLI VILLAGE AND POST, HOLLALAKERI TQ. CHITRADURGA-577522 42. SRI. SHANKAR KALLIMANI S/O MAHADEVA AGED 42 YEARS, R/AT. KARODI VILLAGE AND POST, BELAGAM-591226 43. SRI. NAZEER MIYA S/O RATHAMMA AGED 58 YEARS, - 8 - NC: 2025:KHC:3536 WP No. 35282 of 2024 R/AT.20/1, NEAR WATER TANK, MEDAHALLI, VIRGONAGAR, BANGALORE-560049 44. SRI. PRAKASH H P S/O PUTTAGOWDA AGED 41 YEARS, R/AT.HAMMANAHALLI, MADDUR TALUK, MANDYA-572428 45. SRI. MADHU KUMAR B R S/O RANGASWAMY B S AGED 39 YEARS, R/AT. KENGERI UPPANAGARA BANGALORE-560060 46. SRI. DEVAPPA M HOGAR S/O MAHADEVAPPA HOGAR AGED 39 YEARS, R/AT.KODIHALL VILLAGE, HILAKALE TQ., BAGALAKOTE DIST.-587125 47. SRI. JAYARAM S S/O SRINIVASA AGED 48 YEARS, R/AT. NO.1329, 5TH CROSS ASHOKNAGARA, BANASHANKRI 1ST STAGE, BANGALORE-560050 48. SRI. JAYARAM S S/O SRINIVASA AGED 49 YEARS, R/AT.NO.352, JANATHA COLONY MADANAYAKANAHALLI BANGALORE NORTH-562162 49. SRI. KIRANKUMAR B PALLED S/O BASAPPA PALLED AGED ABOUT 38 YEARS, R/AT. PWD QUARTERS, - 9 - NC: 2025:KHC:3536 WP No. 35282 of 2024 SHANTINAGAR, BANGALORE-560027. 50. SRI. DILAWAR SANADI S/O PUTURB SAB AGED 40 YEARS, R/AT.MAKALAGIRI GRAMA, GOKAK TQ, BELGUM DIST-591344 51. SRI RAMAPPA BABU GOEBADE S/O BASSAVARAJAPPA GOEBADE, 42 YEARS, KSRTC QUATTERS, KENGERI, BANGALORE. 52. SRI B L KALAVATHI D/O BHEEMSINGH, AGED 37 YEARS, NO 4/5 8TH CROSS, GANESH BLOCK, NANDINI LAYOUT BANGALORE NORTH 53. SRI HOLLIYAPPA H TALLIKERI S/O HANUMANTAPPA TALLIKERI, 54 YEARS, NO. 434, HANUMANTHA NAGARA, 24TH CROSS, 18TH MAIN BANGALORE. 54. SRI SHIVANANDA BENAKANHALLI S/O SIDDAPPA BENAKANAHALLI, 35 YEARS, NO.838, 12TH MAIN, VINAYAKA LAYOUT NAGARBHAVI, BANGALORE. 55. SRI KADASIDDAIAH M S S/O MUKKANNA SIDDAPPA, 39 YEARS, KSRTC QUATTERS, KENGERI, BANGALORE. 56. SRI CHANDRAPPA HOSAMANI S/O RAMAPPA, - 10 - NC: 2025:KHC:3536 WP No. 35282 of 2024 AGED 40 YEARS HALAGURU POST, JAMAKHADI TALUK, BAGALAKOTE-573001. 57. SRI D L RAMESH S/O LAKKAPPA 57 YEARS SUNKADAKATTE BANGALORE -560091 58. SRI N U DEEPA K S/O N R UMAPATI, 51 YEARS, MARUTI NAGARA, NELAMANGALA, BANGALORE-562123. 59. SRI M S ANANTHKUMAR S/O SRINIVASAIH M H, AGED 46 YEARS, MOTAGANAHALLI, MAGADI TALUK, RAMANGARA. 60. SRI M P SATHISH S/O PUTTAGOWDA. NO.25/2, 15TH CROSS, GOPALAPPA STREET, NANDHINI LAYOUT, BANGALORE-560096 61. SMT N H GOWRAMMA S/O HANUMANTAPPA, 57 YEARS, NO.58/2, 11TH CROSS RAMANA LAYOUT, T. DASARAHALLI, BANGALORE-560057. 62. SRI K B HARISHKUMAR S/O K S BASAVARAJAIAH AGED 45 YEARS, NO.3301/31, 5TH CROSS, GAYATRINAGAR, - 11 - NC: 2025:KHC:3536 WP No. 35282 of 2024 BANGALORE-560021 63. SMT KOMALA K W/O ARUNKUMAR K T, AGED 39 YEARS, NO 311/15, DVK MANSION, WILSON GARDEN, 10TH CROSS BANGALORE-560027 64. SMT ASHWINI N D/O NAGARAJU AGED 34 YEARS, NO.1425, 2ND B CROSS, PRASANTH NAGAR, BANGALORE-560057. 65. SRI SANTOSH KUMAR B S/O C BASAVAIAH 38 YEARS, NO.72, 12TH MAIN, SRINAGARA, BANGALORE-560050 66. SRI. RAVI V S/O P VEERAPPA, AGED 39 YEARS, NO.40, 1ST A MAIN, 3RD CROSS, 7TH BLOCK, KORAMANGALA, BANGALORE-560095 67. SRI. SRINIVAS P S/O PAPANNA, AGED 50 YEARS, HALLAPPA BULIDING, NEAR UNION BANK ATM, CHANDAPURA, ANEKAL, BANGALORE-562106 68. SRI. S LOKESH S/O CHIDANANDA, AGED 41 YEARS, NO 90, 8TH BLOCK, KSRTC QUARTERS - 12 - NC: 2025:KHC:3536 WP No. 35282 of 2024 SHANTHINAGAR, BANGALORE-560027 69. SMT. KALAVATHI A D/O ANJANAPPA T AGED 44 YEARS, NO 45, MARUTHINAGAR, LAKSHMI TENT ROAD, RAMMURTHYNAGAR, BANGALORE-560016 70. SMT.KUSUMA M A D/O RANGASWAMY V R, AGED 38 YEARS, C/O RANGASWAMY.B R, NO 13, 1ST MAIN ROAD, 3RD CROSS, KALYANANAGAR, MOODALPALYA, BANGALORE NORTH-560072 71. SRI. SANGAMESH H S/O SHIVANDA AGED 37 YEARS, NO.80/07, PWD QUATTERS, SHANTINAGAR, BANGALORE-560027 72. SRI. THIMARAYAPPA S/O CHANNAPPA AGED 58 YEARS, NO 165/2, KEMPAMMADEVINAGAR, SHIVANAPURA, BANGALORE -562123 73. SRI. R T KANTHARAJU S/O THIMMAIAAH AGED 49 YEARS, NANDAGOKULA NILAYA, 1ST MAIN, 5TH CROSS, NILIGIRI TOP MAIN ROAD, VIGNESHWARANAGAR, BANGALORE-560091 - 13 - NC: 2025:KHC:3536 WP No. 35282 of 2024 74. SRI. SATYANARAYAN. H C S/O CHIDANANDAMURTHY S, AGED 45 YEARS, NO 31, 14TH A CROSS, CHOLARAPALYA, BANGALORE -560013 75. SRI. LOKESH G S/O GOPALAPPA, AGED 36 YEARS, NO 90, 10TH CROSS, KAMALANGARA, DAVANAGERE -577001 76. SMT MAHALAKSHMI SV S/O VENKATESH AGED 32 YEARS, KSRTC QUATTERS, KENGERI, BANGALORE-27. 77. SRI TIRUMALESH T J S/O JAYANNA. 37 YEARS, KSRTC QUATTERS, KENGERI, BANGALORE-27. 78. SRI P S NAGARAJ S/O SUBBANNA, AGED 55 YEARS, NO. 68/2, 1ST MAIN, 12TH CROSS HANUMANTHA NAGAR BANGALORE-560019 79. SRI MANJUNATH S/O KRISHNAPPA, AGED 37 YEARS, NO. 45/2, 18TH CROSS, T DASARAHALLI, BANGALORE-560057 80. SRI BHOJARAJ S/O NAGARAJAPPA, AGED 49 YEARS, NO. 28/A, 12TH MAIN, - 14 - NC: 2025:KHC:3536 WP No. 35282 of 2024 RT NAGAR, BANGALORE-560032 81. SRI K V PUTTAIAH S/O VEERABASAVAIAH, AGED 56 YEARS, KAMBHATANAHALLI VILLAGE AND POST, TUMKUR-572101 82. SRI K.S.M HUSSAIN S/O K SYED GHOUSE, AGED 52 YEARS, NO. 189, 5TH CROSS, MADINA BAKERY, SATISH REDDY LAYOUT, MUNNESHWARA NAGARA, BOMMANAHALLI, BANGALORE-560068. 83. SRI BHARMAPPA H JAGALL S/O HANUMANTHAPPA, 45 YEARS, KAMATAGI VILLAGE AND POST, HUNAGUNDA TQ, BAGALAKOTE DISTRICT-587118 84. SRI LAL SAB AMANGI S/O MUMULAL, AGED 41 YEARS, MARANIHALLI, HUKARI TQ. BELGAVI DIST-597637 85. SRI JAYALAKSHMI B W/O HARRY DESOZA AGED 40 YEARS, CHOOLA MARANAHALLI VILLAGE, CHALAKARI TQ, BALLARY DIST. 86. SRI RAJU PATEL HARASAGUDAGI S/O PATEL HARASAGUDAGI, AGED 49 YEARS, SOMAJYAL VILLAGE, SINDHAGI TQ, SOMAJAL, VIJAYAPURA KARNATAKA-586128. - 15 - NC: 2025:KHC:3536 WP No. 35282 of 2024 87. SRI KARIMADIAH C S/O CHIKKONU AGED 38 YEARS, SANGAM MAIN ROAD, KURUPETE VILLAGE KANAKPURU RAMANAGARA DIST. 88. SRI ADAPPA S/O NANJUNDAAPA AGED 48 YEARS, NUMBER -31 ARCHIKARALLI WARD KUVEMPUNAGARA RAMNAGARA DIST-562159 89. SRI VANAJAKSHI S W/O LATE RAMAJANAYA, AGED 40 YEARS, NO.14, 4TH WARD GIRINARAGA KORATEGERE TOWN, KORATEGERE TQ TUMKUR DIST.572129 90. SRI VINKATESH L K S/O KALAYA, AGED 39 YEARS, NO-48, LALPURA JANATA COLONY, HERUR POST KUNIGAL TUMKUR DIST-572130 91. SRI ASLAM PASHA S/O LATE EBRAHIM KHALIL, AGED 54 YEARS, NO.102, SIDHARTHA NAGARA AMRUTHUR MAIN ROAD, TUMKUR TOWN, TUMKUR DIST-572111 92. SRI R.C. CHIDANANDA S/O R V CHANDRASHEKARAYA, AGED 54 YEARS, IRAKASANDRA [TC] [PO] KORATEGERE SUB DISTRICT TUMKUR DIST 572129 - 16 - NC: 2025:KHC:3536 WP No. 35282 of 2024 93. SRI H T NAGENDRA S/O LATE TAPASA, AGED 32 YEARS, NO.83, SHRUNGARA SAGARA, HULIYURDURGA, TUMKUR-572123 94. SRI SHASHIKANTH S/O ANANDARAYA, AGED 45 YEARS, DUTHARGA VILLAGE, ALANDA TQ, KALBURGI DIST-585302. 95. SRI MUTU VENKATAAPA S/O VENKATESHAPPA AGED 39 YEARS, KALAMANGALA VILLAGE, BIDADI-562109 RAMNAGARA TQ AND DIST. 96. SRI MALAPPA KATIMANE S/O RAMAPPA, AGED 43 YEARS, MAROLA VILLAGE, HUNGUNDA TQ. BAGALKOTE DIST.-587118. 97. SRI MANJUNATH S/O MAGADAIAH AGED 39 YEARS, KANNASANDRA, KUDUR HUBLI, MAGADI TQ, RAMANAGARA 562127 98. SRI H.M CHALAPATHY S/O LATE MUNISWAY AGED 43 YEARS, NO.56, 3RD CROSS, PIPELINE, SN PALACE OPP, VANNAGANAHATTI TAVAREKERE, HOBLI AND POST, BANGALORE-562130. 99. SRI CHIRANJEEVI PAGADH S/O GANGADRAIAH, AGED 58 YEARS, - 17 - NC: 2025:KHC:3536 WP No. 35282 of 2024 NO 48/1, KEMPAMMADEVINAGAR, SHIVANAPURA, BANGALORE-562123 100. SRI MUNIRAJAIAH S/O MUNIRAJAIAH AGED 41 YEARS, VTC: MASUTI [PO], BALABATTI, MUDDE BIHAL SUB DIST BIJAPURA DIST-586213. 101. SRI DEVARAJA T S/O CHIKARAMIAH AGED 41 YEARS, CHANDRAPPA LAYOUT, NEAR UNION BANK ATM, CHANDAPURA, ANEKAL BANGALORE-562106 (BY SRI. M B CHANDRACHOODA, ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES AND CONSUMER CO-OPERATIVE SOCIETY LTD. KSRTC CENTRAL OFFICE BUILDING, SHANTHINAGAR, BENGALURU-560 027. REP. BY ITS SECRETARY. 3. THE RETURNING OFFICER KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES AND CONSUMER CO-OPERATIVE SOCIETY LTD. KSRTC CENTRAL OFFICE BUILDING, - 18 - NC: 2025:KHC:3536 WP No. 35282 of 2024 SHANTHINAGAR, BENGALURU-560 027. 4. THE KARNATAKA STATE CO-OPERATIVE ELECTION COMMISSIONER, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. (BY SRI. SIDHARTH BABURAO, AGA FOR R1; SRI. G. CHANDRA SHEKARAIAH, ADVOCATE FOR R2; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R3 AND R4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST DATED NIL BEARING SL.NO.1 TO 264 FOR THE ELECTION TO BE SCHEDULED ON 06.01.2025 FOR THE ACADEMIC YEAR 2025-26 TO 2029-30 OF THE KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES AND CONSUMERS CO-OP. SOCIETY LTD., SHANTHINAGAR K.H.ROAD, BENGALURU, ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-B AND THE ENDORSEMENT DATED 20.12.2024 BEARING NO. NIL ISSUED BY THE SECOND RESPONDENT VIDE ANNEXURE-D BY ISSUE OF CERTIORARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 19 - NC: 2025:KHC:3536 WP No. 35282 of 2024 ORAL ORDER Petitioners in this petition is seeking to direct respondent No.3 to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.2 which was scheduled to be held on 06.01.2025. 2. This Court, by way of interim arrangement on 27.12.2024, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 06.01.2025 to the Board of Directors of respondent No.5-society subject to the final outcome of these writ petitions. 3. The challenge in these writ petitions is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. Rule 13-D of the KCS Rules, 1960 reads as under: - 20 - NC: 2025:KHC:3536 WP No. 35282 of 2024 “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– - 21 - NC: 2025:KHC:3536 WP No. 35282 of 2024 (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. - 22 - NC: 2025:KHC:3536 WP No. 35282 of 2024 (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; - 23 - NC: 2025:KHC:3536 WP No. 35282 of 2024 (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to - 24 - NC: 2025:KHC:3536 WP No. 35282 of 2024 represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or - 25 - NC: 2025:KHC:3536 WP No. 35282 of 2024 (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” - 26 - NC: 2025:KHC:3536 WP No. 35282 of 2024 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-society and attended all the annual general body meetings, in spite of which respondent No.5- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5-society. 6.
Decision
ORDER Writ petition is disposed of on the following terms: - 29 - NC: 2025:KHC:3536 WP No. 35282 of 2024 (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 8. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding - 30 - NC: 2025:KHC:3536 WP No. 35282 of 2024 anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. - 31 - NC: 2025:KHC:3536 WP No. 35282 of 2024 (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary - 32 - NC: 2025:KHC:3536 WP No. 35282 of 2024 contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its - 33 - NC: 2025:KHC:3536 WP No. 35282 of 2024 impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in these petitions to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petitions need to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 06.01.2025 to the Board of Directors of respondent No.2-society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 34 - NC: 2025:KHC:3536 WP No. 35282 of 2024 of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.5- society. iv. All the contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. In view of the disposal of the petition, I.A.1/2025 does not survive for consideration, stands disposed of. Sd/- _______________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 26