Writ Petition No. 35847 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:15392 WP No. 35847 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35847 OF 2024 (CS-EL/M) BETWEEN: 1. H R SAMPATH KUMAR S/O LATE RAMANNA, AGED ABOUT 47 YEARS, V.B. ROAD, 5TH CROSS HASSAN DISTRICT - 573 115. MEMBERSHIP NO.32/7. 2. S. CHANDRAKALA W/O H.R. NAGESH, AGED ABOUT 42 YEARS, R/AT TELAGARA STREET, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.89/8 3. H.D. ARAVIND S/O LATE H.M. DINESHWAR, AGED ABOUT 48 YEARS, R/AT MANJUNATHA NILAYA, TELAGARA STREET, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.151/19. 4. RACHITHA ARAVIND W/O H.D. ARAVIND AGED ABOUT 44 YEARS, R/AT MANJUNATHA NILAYA, TELAGARA STREET, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.150/19. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15392 WP No. 35847 of 2024 5. H.K. RENUGOPAL S/O LATE KRISHNAPPA AGED ABOUT 58 YEARS, R/AT BEHIND CHIKKANJINEYA TEMPLE, KASTURI BA ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.103/13 6. H.K. SHIVARAM S/O LATE KRISHNEGOWDA AGED ABOUT 63 YEARS, R/AT 5TH CROSS, V.P ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.185/8. 7. H.B GOPAL S/O LATE BETTAIAH, AGED ABOUT 65 YEARS, R/AT NEAR YELLAMMA TEMPLE, HASSAN DISTRICT - 573 115. MEMBERSHIP NO. 163/10. 8. RATHNA W/O DINESH. H.S. AGED ABOUT 46 YEARS, R/AT 276, MANJUNATHA NILAYA, 2ND CROSS, SHANTHINAGARA, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.139/19. 9. SHANTHASHETTI S/O LATE VEERANNA SHETTI, AGED ABOUT 66 YEARS, R/AT NEAR PANDURANGA TEMPLE, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.02/06. 10. SEENAPPA S/O LATE MARIYAPPA AGED ABOUT 63 YEARS, - 3 - NC: 2025:KHC:15392 WP No. 35847 of 2024 R/AT 2886, SREE BHEEM, THELAGARA BEEDHI, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.02/06. 11. GNANESH H.L. S/O LATE LAKSHME GOWDA, AGED ABOUT 52 YEARS, R/AT SREE DURGA, IST CROSS, NEAR BHUDDA MARGA, VIVEKANANDA PARK, UDYANANAGARA, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.122/4. 12. VENUGOPAL H.P. S/O LATE PUNDALIKA RAO, AGED ABOUT 50 YEARS, NEAR H.B. PLANTERS BUILDING, DRK COMPOUND, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.55/06. 13. MOODALAPPA S/O LATE ANNAIAH, AGED ABOUT 66 YEARS, R/AT SREENIDHI 2ND MAIN, 3RD CROSS, HEMAVATHINAGAR, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.100/17. 14. SHOBHA W/O MOODALAPPA, AGED ABOUT 50 YEARS, R/AT SREENIDHI, 2ND MAIN, 3RD CROSS, HEMAVATHINAGAR, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.102/17. 15. RAJU SHIFANI S/O LATE MOHANLAL SHIFANI, AGED ABOUT 42 YEARS, - 4 - NC: 2025:KHC:15392 WP No. 35847 of 2024 R/AT M.S. JULIOR, CHIKKA BASTHI ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.165/17. 16. DEVENDRA KUMAR H.N S/O LATE NAGARAJAIAH H.B. AGED ABOUT 60 YEARS, R/AT DODDABASTHI CROSS, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.94/19. 17. ANU H.R. D/O RENU GOPAL, AGED ABOUT 32 YEARS, R/AT KASTHURIBA ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.143/19. 18. ANJALI H.R. D/O RENU GOPAL, AGED ABOUT 33 YEARS, R/AT KASTHURIBA ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.144/19. 19. PADMA W/O RENU GOPAL, AGED ABOUT 48 YEARS, R/AT KASTHURIBA ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.145/19, 20. TRIPAL KOTHARI B. S/O LATE BABULAL KOTHARI M AGED ABOUT 52 YEARS, KOTHARI MARBLES AND GRANITE FLAT NO.2-B, INDUSTRIAL AREA HASSAN DISTRICT - 573 115. MEMBERSHIP NO.27/20. - 5 - NC: 2025:KHC:15392 WP No. 35847 of 2024 21. NAGARAJ H.L. S/O LATE LAKKEGOWDA, AGED ABOUT 53 YEARS, R/AT NO.472, EWS, KUVEMPUNAGARA, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.55/3. 22. SHIVASHANKAR S.P. S/O LATE PAPEGOWDA S.K. AGED ABOUT 42 YEARS, R/AT. OM KANASU, WARD NO.01, PRAGATHINAGARA, RAJAGATTA, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.107/3. 23. D. ARUNKUMAR S/O D. DASEGOWDA AGED ABOUT 53 YEARS, C/O BASAVEGOWDA, R/AT BASAWESHWARANAGARA NILAYA, 3RD MAIN ROAD, HEMAVATHINAGARA, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.143/4. 24. B.T. SUSHELAMMA W/O D. ARUNKUMAR, AGED ABOUT 48 YEARS, C/O BASAVEGOWDA, R/AT BASAWESHWARANAGARA NILAYA, 3RD MAIN ROAD, HEMAVATHINAGARA, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.144/4 25. MUNAVARPASHA S/O SYAD SAHEB AGED ABOUT 52 YEARS, - 6 - NC: 2025:KHC:15392 WP No. 35847 of 2024 R/AT, CHIKKABASADHI ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO. 74/2. 26. VEENAGOPAL W/O H.D. GOPAL. AGED ABOUT 58 YEARS, R/AT OLD POST OFFICE ROAD, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.58/2. 27. PRAKASH K S/O KRISHNAPPA A.T. AGED ABOUT 42 YEARS, R/AT .2046, ANUGHRAHA GANAPATHI ROAD, UDAYAGIRI LAYOUT, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.26/15. 28. KAVITHA W/O LATE H.N. RAJENDRA PRASAD. AGED ABOUT 62 YEARS, R/AT KATTINAKERE MARKET, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.193/8. 29. H.R. PRAJWAL S/O H.N. RAJENDRAKUMAR. AGED ABOUT 25 YEARS, R/AT RAVINDRA NAGARA, 4TH CROSS, HASSAN DISTRICT - 573 115. MEMBERSHIP NO.178/7.
Legal Reasoning
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 and the deficiencies in finalization of final 1 W.P.No.8502/2022 dated 7.6.2022 - 11 - NC: 2025:KHC:15392 WP No. 35847 of 2024 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. 3. 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. 4. In that view of the matter, I pass the following: i) ii)
Arguments
30. SRINIVAS N.T. S/O LATE THIMMAPPA NAIK N.T. AGED ABOUT 50 YEARS, R/AT P AND T COLONY, NEAR GANAPATHI TEMPLE, - 7 - NC: 2025:KHC:15392 WP No. 35847 of 2024 HEMAVATHINAGARA, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.136/6. 31. NAGARATHNA N W/O THIMMAPPA N.T. AGED ABOUT 42 YEARS, R/AT PANDT COLONY, NEAR GANAPATHI TEMPLE, HEMAVATHINAGARA, HASSAN DISTRICT - 573 201. MEMBERSHIP NO. 135/6. 32. RAVIKUMAR G.B. S/O BOREGOWDA, AGED ABOUT 52 YEARS, R/AT KALABYRAWESHWARA NILAYA NEAR VINAYAKA SAMUDAYA BAVANA, GOWRIKOPPALU, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.173/13 33. H.V DARANEDRA KUMAR S/O VAJRANABAIAH, AGED ABOUT 48 YEARS, R/AT DODDAGARADI STREET, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.27/4. 34. H. K CHAYAPATHI S/O H.B KRISHNEGOWDA, AGED ABOUT 43 YEARS, R/AT LIG 201, 26TH CROSS, KUVEMPU NAGARA, HASSAN DISTRICT - 573 201. MEMBERSHIP NO. 121/13. 35. H.S. MAHESH S/O SHIVANNA GOWDA, AGED ABOUT 42 YEARS, - 8 - NC: 2025:KHC:15392 WP No. 35847 of 2024 R/AT SREE LAKSHMIRANGANATHA NILAYA LAKSHMIPURAM, B.M ROAD, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.57/5. 36. CHANDRASHEKAR B.S S/O NINGEGOWDA AGED ABOUT 42 YEARS, R/AT BEHIND QUALITY BAR, B.M. ROAD, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.58/5. 37. KIRAN S/O NARAYANA RAO, AGED ABOUT 41 YEARS, R/AT NDRK COLLAGE, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.184/4. 38. B. RAVI S/O BETTE GOWDA (CONTRACTOR) AGED ABOUT 51 YEARS, R/AT SARAWATHI PURAM, 7TH CROSS, SALGAME ROAD, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.195/4. 39. SANTHOSH KUMAR G.M S/O LATE MAHANTHAPPA G.O., AGED ABOUT 42 YEARS, R/AT .48/A, HOUSING BOARD, BEERANAHALLI KERE, KUVEMPU NAGARA, HASSAN DISTRICT - 573 201. MEMBERSHIP NO.11/18. (BY SRI. T. DADAKHALANDAR, ADVOCATE) …PETITIONERS - 9 - NC: 2025:KHC:15392 WP No. 35847 of 2024 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027, REP. BY ITS SECRETARY. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HASSAN SUB-DIVISION, HASSAN, HASSAN DISTRICT-573 201. 4. RETURNING OFFICER HASSAN CO-OPERATIVE SOCIETY LTD., GHANDHIBAZAR, HASSAN DISTRICT-573 201. 5. HASSAN CO-OPERATIVE SOCIETY LTD., GHANDHIBAZAR, HASSAN, HASSAN DISTRICT-573 201. REP. BY ITS CHIEF EXECUTIVE OFFICER. (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. MANJUNATHESHWAR J., ADVOCATE FOR R5) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE LIST PREPARED IN THE R-5 SOCIETY VIDE ANNX-B AS VIOLATIVE OF PRL. OF - 10 - NC: 2025:KHC:15392 WP No. 35847 of 2024 NATURAL JUSTICE DIRECT THE RESPONDENTS TO FOLLOW THE PROVISIONS CONTAINED IN RULE 13D(2-A) OF THE KCS RULES, 1960 AS THE MANDATE OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE R-5 SOCIETY BY INCLUDING THE NAMES OF ALL THE MEMBERS OF THE PETITIONER IN THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING ALL OF THEM TO VOTE AND CONTEST IN THE ELECTION SCHEDULED TO BE HELD ON 12.01.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This Court by way of interim order 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 box. 2.
Decision
ORDER The Writ Petition is disposed of. The Returning Officer in the above matter is directed to announce the result within seven days of 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 Section - 12 - NC: 2025:KHC:15392 WP No. 35847 of 2024 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 AMA List No.: 1 Sl No.: 29