Writ Petition No. 35986 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5534 WP No. 35986 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35986 OF 2024 (CS-EL/M) BETWEEN: 1. K N VASANTH KUMAR S/O NAGAPPA GOWDA AGED ABOUT 68 YEARS LEDGER FILE NO.7/169 2. L S PANDURANGA S/O SUBHYOJIRAV AGED ABOUT 33 YEARS LEDGER FILE NO.2/76 3. G S BHRAHMA RAJ S/O SUBHAYYA AGE ABOUT 33 YEARS LEDGER FILE NO.7/146 4. 5. L C NANDAKUMAR S/O K H CHANDRAYYA GOWDA AGE ABOUT 57 YEARS LEDGER FILE NO.5/22 L C JAGADISH S/O CHALUVAYYA AGED ABOUT 59 YEARS LEDGER FILE NO.6/156 6. ASHRAFF S/O MOHAMMED AGE ABOUT 56 YEARS LEDGER FILE NO.6/33 7. T S PRAKASH NANDA S/O T B SHIVANANDAIAH AGE ABOUT 62 YEARS LEDGER FILE NO.7/165 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5534 WP No. 35986 of 2024 8. A PRABHAKAR S/O ANNOJIRAO AGE ABOUT 55 YEARS LEDGER FILE NO.6/8 9. ABDUL MAJJIDH S/O MYKHOSE AGE ABOUT 66 YEARS LEDGER FILE NO.5/32 10. L M KUMAR S/O L M MANJUNATH AGE ABOUT 66 YEARS LEDGER FILE NO.7/22 11. UMESH D S/O HANUMANTH RAO AGE ABOUT 52 YEARS LEDGER FILE NO.5/89 12. UMESH S/O MANJAPPA AGE ABOUT 52 YEARS LEDGER FILE NO.7/29 13. VIJAYA KUMAR S/O G S RAMACHANDRAPPA AGE ABOUT 52 YEARS LEDGER FILE NO.6/21 14. K NANDISHAN S/O KRISHNAPPA AGE ABOUT 52 YEARS LEDGER FILE NO.9/10 15. L V SATHISH S/O L B VASUDHEVAN AGE ABOUT 45 YEARS LEDGER FILE NO.6/81 16. A M PALANI S/O MURUGESH AGE ABOUT 62 YEARS LEDGER FILE NO.7/163 - 3 - NC: 2025:KHC:5534 WP No. 35986 of 2024 17. L V RAJESH S/O VASUDEV AGE ABOUT 52 YEARS LEDGER FILE NO.9/16 18. K T SOMASHEKHAR S/O JANARDHANAIAH AGE ABOUT 70 YEARS LEDGER FILE NO.7/198 19. BALARAJU S/O RHOSAYYA AGE ABOUT 52 YEARS LEDGER FILE NO.8/52 20. L M CHANDRAKUMAR S/O MANJOJIRAO AGE ABOUT 45 YEARS LEDGER FILE NO.6/10 21. L T PURUSHOTHAM S/O THIMMABHOVI L H AGE ABOUT 64 YEARS LEDGER FILE NO.7/60 22. K RAVICHANDRA S/O KRISHNOJI RAO AGE ABOUT 55 YEARS LEDGER FILE NO.6/49 23. MANJULA S/O KRISHNOJI RAO AGE ABOUT 78 YEARS LEDGER FILE NO.6/48 24. UMESH D S/O HANUMANTH RAO AGE ABOUT 52 YEARS LEDGER FILE NO.5/89 25. MANJOJI RAO S/O RANNOJIRAO AGE ABOUT 58 YEARS LEDGER FILE NO.7/156 - 4 - NC: 2025:KHC:5534 WP No. 35986 of 2024 26. L N SITHARAM S/O NARAYANAPPA AGE ABOUT 74 YEARS LEDGER FILE NO.9/14 27. PRAKASH S/O BHIMANNA AGE ABOUT 48 YEARS LEDGER FILE NO.6/123 28. CHIKKALINGAMMA S/O KARNAGOVONDAR AGE ABOUT 60 YEARS LEDGER FILE NO.6/78 29. NAGARATHNA W/O L M SHIVASHANKARA AGE ABOUT 70 YEARS LEDGER FILE NO.7/74 30. L M CHANDRASHEKHAR S/O L V MANJUNATH AGED ABOUT 52 YEARS LEDGER FILE NO.7/166 31. L D PRAKASH S/O DHYAVAPPA AGE ABOUT 65 YEARS LEDGER FILE NO.7/71 32. K SATHYANARAYAN S/O JANARDHANRAO AGE ABOUT 78 YEARS LEDGER FILE NO.6/114 33. L S DINESH KUMAR S/O SITHARAMAIAH AGE ABOUT 52 YEARS LEDGER FILE NO.6/46 34. S P ANAND S/O BALAKRISHNA AGE ABOUT 62 YEARS LEDGER FILE NO.7/12 - 5 - NC: 2025:KHC:5534 WP No. 35986 of 2024 35. SITHARAM ITHAL S/O PADMANABH H R AGE ABOUT 68 YEARS LEDGER FILE NO.7/58 36. L M SUBRAMANI S/O NACHIMUTTU AGE ABOUT 59 YEARS LEDGER FILE NO.6/143 37. CHANDRAHASA S/O GOPAL PACHADITH AGE ABOUT 55 YEARS LEDGER FILE NO.7/44 38. L M CHANDRA KUMAR S/O MANJOJIRAO AGE ABOUT 45 YEARS LEDGER FILE NO.6/10 39. MINAKSHI S/O ANNOJIRAO AGE ABOUT 61 YEARS LEDGER FILE NO.5/103 40. ANNOJIRAO S/O RANNOJIRAO AGE ABOUT 70 YEARS LEDGER FILE NO.5/104 41. L D SURESH HOYSAL S/O DATTATREYA AGE ABOUT 58 YEARS LEDGER FILE NO.7/61 42. SURESH B N S/O NAGARAJJAPPA AGE ABOUT 61 YEARS LEDGER FILE NO.7/10 43. GURUPRASAD B S S/O SHESHADRI B N AGE ABOUT 52 YEARS LEDGER FILE NO.9/4 - 6 - NC: 2025:KHC:5534 WP No. 35986 of 2024 44. K R ASHWATH S/O K T RAMASHWAMI AGE ABOUT 68 YEARS LEDGER FILE NO.6/126 45. L D RAJU S/O DASAPPA AGE ABOUT 54 YEARS LEDGER FILE NO.7/64 46. L G LOKESH S/O L M GOPAL RAO AGE ABOUT 48 YEARS LEDGER FILE NO.5/116 47. PRAMOD S/O NATARAJ AGE ABOUT 34 YEARS LEDGER FILE NO.9/2 48. L S NAGESHA RAO S/O K N SUBHOJI RAO AGE ABOUT 70 YEARS LEDGER FILE NO.5/174 49. MALLIKARJUN S/O TULAJIRAO AGE ABOUT 70 YEARS LEDGER FILE NO.6/52 50. MANJUNATH REDDY S/O OBALAREDDY AGE ABOUT 61 YEARS LEDGER FILE NO.5/95 51. PARASHURAM REDDY S/O OBALAREDDY AGE ABOUT 55 YEARS LEDGER FILE NO.5/96 52. KEMPEGOWDA S/O IRAPPA GOWDA AGE ABOUT 75 YEARS LEDGER FILE NO.8/26 - 7 - NC: 2025:KHC:5534 WP No. 35986 of 2024 53. L N GOVINDARAJU S/O NARAYANAPPA AGE ABOUT 72 YEARS LEDGER FILE NO.9/15 54. L MADHU KUMAR S/O TIRUPATHI AGE ABOUT 48 YEARS LEDGER FILE NO.8/21 55. E KUPPAN S/O YALLAPPA AGE ABOUT 70 YEARS LEDGER FILE NO.1/30 56. P H HANUMANTH RAO S/O HANUMANTH RAO AGE ABOUT 63 YEARS LEDGER FILE NO.6/31 57. BHARATH S/O MAHENDRA AGE ABOUT 29 YEARS LEDGER FILE NO.1/181 58. K RAJESHWARI S/O P H GANANESHWAR AGE ABOUT 55 YEARS LEDGER FILE NO.6/16
Legal Reasoning
59. K S SRIKANTH S/O SHANKARAPPA GOWDA AGE ABOUT 67 YEARS LEDGER FILE NO.3/37 60. SHYAMANNA S/O RANGAPPA AGE ABOUT 68 YEARS LEDGER FILE NO.5/77 61. D N LOKESH S/O NARAYAN RAO AGE ABOUT 48 YEARS LEDGER FILE NO.5/67 - 8 - NC: 2025:KHC:5534 WP No. 35986 of 2024 62. KUMAR S/O BYRAPPA AGE ABOUT 60 YEARS LEDGER FILE NO.7/27 63. MOHAN REDDY S/O OBALAREDDY AGE ABOUT 58 YEARS LEDGER FILE NO.5/97 64. P SENDHIL KUMAR S/O M PERIYANNA AGE ABOUT 43 YEARS LEDGER FILE NO.6/93 65. P VISHWANATH S/O PALANISWAMY AGE ABOUT 60 YEARS LEDGER FILE NO.8/20 66. R MANJUNATH S/O RAJGOPAL AGE ABOUT 43 YEARS LEDGER FILE NO.6/193 67. SHANTHAMMA W/O SRINIVAS AGE ABOUT 68 YEARS LEDGER FILE NO.9/3 68. K S CHANDRASHEKHARA S/O SHANKRAPPA AGE ABOUT 50 YEARS LEDGER FILE NO.3/8 69. MANJUNATH S/O NANDISHAN AGE ABOUT 50 YEARS LEDGER FILE NO.9/20 70. B T UMESH S/O TIMMEGOWDA AGE ABOUT 54 YEARS LEDGER FILE NO.1/99 - 9 - NC: 2025:KHC:5534 WP No. 35986 of 2024 71. MANOJIRAO S/O L M GOPALRAO AGE ABOUT 53 YEARS LEDGER FILE NO.5/74 72. HARISH L V S/O L R VENKATARAMANA AGE ABOUT 37 YEARS LEDGER FILE NO.5/18 73. S ASHA S/O SHANKAR B AGE ABOUT 30 YEARS LEDGER FILE NO.5/90 74. RANGAMMA W/O VASUDEV AGE ABOUT 68 YEARS LEDGER FILE NO.6/32 75. H KUMARI W/O KUMAR AGE ABOUT 53 YEARS LEDGER FILE NO.7/28 76. CHINAMMA S/O OBALAREDDY AGE ABOUT 85 YEARS LEDGER FILE NO.5/99 77. B H LILAVATHI S/O ANNAPPA L K AGE ABOUT 52 YEARS LEDGER FILE NO.6/111 78. K NANDISHAN S/O LINGAREDDY AGE ABOUT 78 YEARS LEDGER FILE NO.9/17 79. A TIRUPATHI S/O VENKATESH AGE ABOUT 72 YEARS LEDGER FILE NO.7/125 - 10 - NC: 2025:KHC:5534 WP No. 35986 of 2024 80. RAJENDRA S/O RAMASWAMI AGE ABOUT 55 YEARS LEDGER FILE NO.5/118 81. PUNYAKOTTI S/O NANDISHAN AGE ABOUT 48 YEARS LEDGER FILE NO.9/18 82. R DHEERAJ KUMAR S/O RAJ KIRAN AGE 52 YEARS LEDGER FILE NO.9/6 83. RAKESH KUMAR S/O RAJ KIRAN AGE ABOUT 54 YEARS LEDGER FILE NO.9/7 84. L G PRASHANTH S/O L M GANESH RAO AGE ABOUT 42 YEARS LEDGER FILE NO.1/143 85. M ASHWATH NARAYAN S/O VENKATA NARAYANA AGE ABOUT 49 YEARS LEDGER FILE NO.7/77 86. L C SURESH RAO S/O GANESH RAO AGE ABOUT 64 YEARS LEDGER FILE NO.8/87 87. CHAKRAVARTHY S/O CHINNAIAH GOWNDAR AGE ABOUT 48 YEARS LEDGER FILE NO.9/23 88. JAFFAR ALI S/O SHAUKATH ALI AGE ABOUT 42 YEARS LEDGER FILE NO.7/143 - 11 - NC: 2025:KHC:5534 WP No. 35986 of 2024 89. DATTATREYA L M S/O MANJUBHAT AGE ABOUT 61 YEARS LEDGER FILE NO.8/143 90. M VIJAYAKUMAR S/O VIDHYALINGAMHODALIER AGE ABOUT 67 YEARS LEDGER FILE NO.7/70 ALL THE PETITIONERS ARE MEMBERS OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY (REGD), LAKKAVALLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577228 …PETITIONERS (BY SRI. H.B. RUDRESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C ‘A’ BLOCK, SHANTHINAGAR, K H ROAD, BANGALORE - 560027 REPRESENTED BY ITS COMMISSIONER 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKER ROAD, BENGALURU-560001 4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHICKAMAGALURU DISTRICT CHIKKAMAGALORE. - 12 - NC: 2025:KHC:5534 WP No. 35986 of 2024 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TARIKERE TALUK CHICKAMAGALURU DISTRICT. 6. RETURNING OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY (REGD), LAKKAVALLI, TARIKERE TALUK CHICKAMAGALURU DISTRICT – 577228 7. THE PRATHAMAIKA KRISHI PATHINA SAHAKARA SANGHA NI, LAKKAVALLI REGD. UNDER THE K.C.S. ACT, 1959 TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228 SOCIETY REP. BY ITS SECRETARY/CEO (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2, 3, 4, 6 AND 7 TO INCLUDE THE NAMES OF THE ABOVE SAID PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AT ANNEXURE -B AND C AND PERMIT THE SAID PETITIONERS NO.2, 3 AND 50 TO CONTEST AND CAST THEIR VOTES THEREBY PERMIT THEM TO FILE NOMINATION AND ALSO PERMIT THE PETITIONER NO.1 TO 90 TO CAST THEIR VOTES TO THE ELECTIONS OF THE 7TH RESPONDENT SOCIETY, SCHEDULED TO BE HELD ON 12.01.2025 VIDE ANNEXURE-A IN SO FAR AS PETITIONERS IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 13 - NC: 2025:KHC:5534 WP No. 35986 of 2024 ORAL ORDER Learned counsel for the petitioners submits that the petitioners have been elected unanimously and the petition does not survive for consideration and files a memo to that effect , which reads as under: “The counsel for the above named petitioners is hereby withdraws the above said case on the ground that no election was conducted by the 6th respondent and unanimously elected in the 7th respondent election. Hence, the memo in the interest of justice and equity.” 2. In view of the submission and memo filed,
Decision
the writ petition is dismissed as withdrawn. Sd/- _______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 3 Sl No.: 6