Writ Petition No. 36121 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:14260 WP No. 36121 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. 36121 OF 2024 (CS-EL/M) BETWEEN: 1. SRI LINGARAJU S/O VENKATARAMANEGOWDA AGED ABOUT 59 YEARS SHARE NO.68/4 SL NO.59 2. ASHOKA K R S/O RANGEGOWDA AGED ABOUT 45 YEARS SHARE NO.129/10 SL NO.161 3. K R PRAMODA S/O RANGEGOWDA AGED ABOUT 42 YEARS SHARE NO.130/10 SL NO.163 4. SMT. SHWETHA A L W/O YOGESH K S AGED ABOUT 35 YEARS SHARE NO. 195/10 SL NO.173
Legal Reasoning
5. SRI. GIRISH B P PAPEGOWDA AGED ABOUT 42 YEARS SHARE NO. 20/4 SL NO. 55 6. SMT. MAHALAKSHMAMMA W/O LATE SHIVARAMEGOWDA AGED ABOUT 60 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14260 WP No. 36121 of 2024 SHARE NO.194/10 SL.NO.172 7. SRI. K N VENKATESHA S/O NARAYANA AGED ABOUT 50 YEARS SHARE NO.31/19 SL NO.316 8. SRI. YOGESHA K S S/O SHIVARAMEGOWDA AGED ABOUT 45 YEARS SHARE NO.12/9 SL NO.140 9. SRI. KALEGOWDA M S S/O NARASEGOWDA AGED ABOUT 70 YEARS SHARE NO.82/7 SL NO.112 10. SMT. HEMA W/O NAGEGOWDA K S AGED ABOUT 60 YEARS SHARE NO. 161/10 SL NO. 169 11. SRI. K B HEMANNAGOWDA S/O BHADREGOWDA AGED ABOUT 47 YEARS SHARE NO. 145/5 SL NO.79 12. SMT. MANJULA H E W/O DHARMAPPA AGED ABOUT 40 YEARS SHARE NO. 154/5 SL NO. 82 13. SRI. K K CHANDRASHEKHARA S/O K N KAPANIGOWDA AGED ABOUT 58 YEARS SHARE NO.154/2, SL NO.30 - 3 - NC: 2025:KHC:14260 WP No. 36121 of 2024 14. SMT. NETHRAVATHI M B W/O K P UMESH AGED ABOUT 49 YEARS SHARE NO. 28/5 SL NO. 70 15. SRI. SAGARA K R S/O K N RANGASWAMY SHETTY AGED ABOUT 38 YEARS SHARE NO. 133/11 SL NO. 187 16. SRI. BHARATH K S/O KUMARA AGED ABOUT 30 YEARS SHARE NO.114/19 SL NO.332 17. SMT. D INDIRA W/O S K PAPEGOWDA AGED ABOUT 57 YEARS SHARE NO. 93/4 SL NO.60 18. SRI. MADHUKARA K P S/O PUTTEGOWDA K H AGED ABOUT 46 YEARS SHARE NO.95/9 SL NO.145 19. SRI. BALARAMEGOWDA S/O KALEGOWDA AGED ABOUT 54 YEARS SHARE NO.110/4 SL NO.62 20. SRI. CHANDRACHAAR S/O PAPACHAAR AGED ABOUT 60 YEARS SHARE NO.154/4 SL NO.64 21. SRI. SADDAM S/O MUBARAK ALI - 4 - NC: 2025:KHC:14260 WP No. 36121 of 2024 AGED ABOUT 32 YEARS SHARE NO.103/15 SL NO.239 22. SRI. K N RAMEGOWDA S/O K.B. NANJEGOWDA AGED ABOUT 55 YEARS SHARE NO.198/1 SL NO.17 23. SRI. SATHISH S G S/O S.L. GOWDAIAH, AGED ABOUT 49 YEARS SHARE NO. 31/11 SL NO.177 24. SMT. LEELA L W/O HEMANNAGOWDA K.M AGED ABOUT 40 YEARS SHARE NO.45/19 SL NO.318 25. SMT PREMA W/O RAMESHA AGED ABOUT 50 YEARS SHARE NO.6/16 SL NO.251 26. SRI K S GIRISH S/O SRINIVASAN K.R. AGED ABOUT 42 YEARS SHARE NO. 174/11 SL NO.192 27. SRI K R PRAKASH S/O RAMA SHETTY AGED ABOUT 43 YEARS SHARE NO. 192/11 SL NO.194 28. SMT HEMA K N W/O PUTTARAMA SHETTY AGED ABOUT 50 YEARS SHARE NO. 104/18, SL NO.303 - 5 - NC: 2025:KHC:14260 WP No. 36121 of 2024 29. SRI. KARTHIKA K P S/O PUTTARAMA SHETTY AGED ABOUT 33 YEARS SHARE NO. 105/18 SL NO.304 30. SRI K N RAMEGOWDA S/O NARASIMHEGOWDA AGED ABOUT 65 YEARS SHARE NO. 180/4 SL NO.67 31. SMT. RAMYA A D W/O SURESH C.B. AGED ABOUT 45 YEARS SHARE NO. 04/19 SL NO.310 32. SMT BHARATHI S W/O NAGARAJU AGED ABOUT 4 YEARS SHARE NO.16/6 SL NO. 88 33. SRI. CHOWDURI DINESH BHAI S/O MOHATHA BHAYI AGED ABOUT 31 YEARS SHARE NO. 166/10 SL NO.170 34. SRI SURESH C B S/O BASAVARAJAPPA AGED ABOUT 50 YEARS SHARE NO. 09/10 SL NO.311 35. SMT B D VEDAVATHI W/O MANJUNATHA AGED ABOUT 45 YEARS SHARE NO. 155/5 SL NO. 83 36. SRI VENKATESH S/O GOVINDEGOWDA - 6 - NC: 2025:KHC:14260 WP No. 36121 of 2024 AGED ABOUT 44 YEARS SHARE NO.59/ SL NO.72 37. SRI RANGASWAMY S/O GIRIGOWDA AGED ABOUT 60 YEARS SHARE NO. 84/9 SL NO. 142 38. SRI K S NAGESHA S/O SHIVARAMEGOWDA AGED ABOUT 50 YEARS SHARE NO. 187/8 SL NO. 139 39. SMT RANI K N W/O K.S. NAGESHA AGED ABOUT 42 YEARS SHARE NO.170/17 SL NO.283 40. SMT S R UMA W/O K.M. BALAKRISHNA AGED ABOUT 45 YEARS SHARE NO.166/18 SL NO. 308 41. SMT PADMA W/O BYRESH AGED ABOUT 38 YEARS SHARE NO.35/4 SL NO.58 42. SRI RAVI S/O GOVINDEGOWDA AGED ABOUT 50 YEARS SHARE NO. 68/6 SL NO.97 43. SRI GOVINDEGOWDA ALIAS RAJANNA S/O HANUMEGOWDA AGED ABOUT 65 YEARS SHARE NO. 192/2,SL NO.97 - 7 - NC: 2025:KHC:14260 WP No. 36121 of 2024 44. SRI MAHESJH K M S/O K.R. MARIGOWDA AGED ABOUT 42 YEARS SHARE NO.90/3 SL NO. 41 45. SRI K T PUTTASWAMY SHETTY S/O THIMMA SHETTY AGED ABOUT 65 YEARS SHARE NO. 52/11 SL NO.182 46. SMT SHANTHA B K W/O PUTTASWAMY SHETTY AGED ABOUT 55 YEARS SHARE NO.53/11 SL NO.182 47. SRI K N DEVARAJU S/O K.H. NAGANNA AGED ABOUT 45 YEARS SHARE NO. 71/1 SL NO.06 48. SRI KUMAR K H S/O HALAGEGOWDA @ MARIGOWDA AGED ABOUT 54 YEARS SHARE NO. 16/7 SL NO. 108 49. SMT MANAGALA H S W/O KUMAR K.H AGED ABOUT 48 YEARS SHARE NO. 92/8 SL NO. 129 50. SMT. GEETHA W/O SRINIVASU AGED ABOUT 40 YEARS SHARE NO. 28/15 SL NO. 226 ALL ARE THE MEMBERS OF PRIMARY AGRICULTURAL CREDIT - 8 - NC: 2025:KHC:14260 WP No. 36121 of 2024 CO OPEARTIVE SOCIETY LTD, KIKKERI K R PET TALUK MANDYA DISTRIT 571423 …PETITIONERS (BY SRI. AMBIKA M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPEARION M S BUILDING, DR B R AMBEDKAR VEEDHI BANGALORE-560001, REP BY ITS SECRETARY 2. THE STATE CO OPEARTIVE EELCTION AUTHORITY 3RD FLOOR TTMC A BLOCK K H ROAD, SHANTHINAGAR BANALORE-560027 REP BY TIS SECRERTARY 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA DISTRICT, MANDYA-571401 4. THE ASSISTANT REGISTRAR OF CO OPEARTIVE SOCIETIES PANDAVAPURA SUB DIVISION PANDAVAPURA TOWN & TALUK MANDYA DISTRICT-571434 5. CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD KIKKERI, K R PETE TALUK MANDYA DISTRICT-571423 (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPEARTIVE SOCIETIES ACT-1959) 6. THE RETURNING OFFICER PRIMARY AGRICULTURAL CRIDIT CO OPERATIVE SOCIETY LTD, KIKKERI K R PET TALUK, MANDYA DISTRICT-571423 (SOCIETY RERGISTERD UNDER THE KARNTAKA CO-OPERATIVE SOCIETIESA ACT 1959) (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; R5-SERVED) …RESPONDENTS - 9 - NC: 2025:KHC:14260 WP No. 36121 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 12/01/2025. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. 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. 2. 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 1 W.P.No.8502/2022 dated 7.6.2022 - 10 - NC: 2025:KHC:14260 WP No. 36121 of 2024 any dispute as regards the eligibility or ineligibility 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. 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.
Decision
ORDER The Writ Petition is disposed of. The Returning Officer 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. - 11 - NC: 2025:KHC:14260 WP No. 36121 of 2024 iii. In the event of any proceeding being filed in relation to the results of the election under 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.: 69