Krishnappa S/O Mallappa ... vs The State Of Karnataka
2021 Latest Caselaw 167 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

        DATED THIS THE 5TH DAY OF JANUARY 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


     WRIT PETITION NO.100996 OF 2020 (CS-EL/M)

BETWEEN:

1.     KRISHNAPPA
       S/O MALLAPPA KEMPALINGANNAVAR
       AGED: ABOUT 41 YEARS,
       OCC: AGRICULTURE,
       R/O: GULAGAL-JAMBAGI,
       TQ: MUDHOL,
       DIST: BAGALKOTE-587313.

2.     CHIDANAND
       S/O RACHAPPA RAMTIRTH
       AGED: ABOUT 48 YEARS,
       OCC: AGRICULTURE,
       R/O: GULAGAL-JAMBAGI,
       TQ: MUDHOL,
       DIST: BAGALKOTE-587313.

3.     SMT.GEETA W/O MURIGEPPA RAMTIRTH
       AGED: ABOUT 41 YEARS,
       OCC: AGRICULTURE,
       R/O: GULAGAL-JAMBAGI,
       TQ: MUDHOL,
       DIST: BAGALKOTE-587313.

4.     LAXMAN S/O SADASHIV YALLAMASI
       AGED: ABOUT 36 YEARS,
       OCC: AGRICULTURE,
                            2




      R/O: ROOGI, TQ: MUDHOL,
      DIST: BAGALKOTE-587313.

5.    SUSHILKUMAR S/O HANAMAPPA BADAKALI
      AGED: ABOUT 33 YEARS,
      OCC: AGRICULTURE,
      R/O: GULAGAL-JAMBAGI, TQ: MUDHOL,
      DIST: BAGALKOTE-587313.
                                        ...PETITIONERS

(BY SRI. GIRISH A YADAWAD, ADV.)

AND

1.    THE STATE OF KARNATAKA
      REPRESENTED BY ITS PRINCIPAL SECRETARY,
      DEPARTMENT OF CO-OPERATION,
      6TH FLOOR, M.S. BUILDING,
      AMBEDKAR VEEDHI,
      BENGALURU-560001.

2.    CO-OPERATIVE ELECTION COMMISSION
      REPRESENTED BY ITS COMMISSIONER,
      3RD FLOOR, SHANTI NAGAR,
      TTMC "A" BLOCK,
      BENGALURU-560027.

3.    THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
      GOVERNMENT OF KARNATAKA,
      NO.1, ALI ASKAR ROAD,
      BENGALURU-560052.

4.    DISTRICT CO-OPERATIVE ELECTION OFFICER
      AND DEPUTY REGISTRAR OF
      CO-OPERATIVE SOCIETIES,
      BAGALKOTE,
      DIST: BAGALKOTE-587101.

5.    THE RETURNING OFFICER TO THE
      PRATHAMIKA KRUSHI PATTIN SAHAKARI
      SANGHA NIYAMIT,
      GULAGAL-JAMBAGI,
                            3




     TQ: MUDHOL,
     DIST: BAGALKOTE-587313.

6.   PRATHAMIKA KRUSHI PATTIN SAHAKARI
     SANGHA NIYAMIT,
     GULAGAL - JAMBAGI,
     TQ: MUDHOL,
     DIST: BAGALKOTE-587313.
     REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

7.   THE EXECUTIVE OFFICER
     PRATHAMIKA KRUSHI PATTIN SAHAKARI
     SANGHA NIYAMIT,
     GULAGAL-JAMBAGI,
     TQ: MUDHOL,
     DIST: BAGALKOTE-587313.
                                         ...RESPONDENTS

(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1
    SRI. HEMANTHKUMAR L. HAVARAGI, ADV. FOR R2 TO R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT IN THE NATURE OF CERTIORARI TO QUASH THE VOTERS
LIST ISSUED BY RESPONDENT No.7 VIDE ANNEXURE-H IN SO
FAR AS THE PETITIONERS ARE CONCERNED AND DIRECT THE
RESPONDENT Nos.5 AND 7 TO PREPARE FRESH VOTERS LIST
BY INCLUDING THE PETITIONERS IN THE LIST OF ELIGIBLE
VOTERS   FOR   THE BORROWERS'   CONSTITUENCY   AND   TO
PERMIT THE PETITIONERS HEREIN TO CAST THEIR VOTES FOR
THE BORROWERS' CONSTITUENCY IN THE ELECTION TO THE
6TH RESPONDENT SOCIETY TO BE HELD ON 05.01.2020 AS PER
THE CALENDAR OF EVENTS ISSUED BY THE 5TH RESPONDENT
VIDE ANNEXURE-A.
                            4




      THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY THE COURT MADE THE FOLLOWING:


                        ORDER

The learned counsel appearing for the petitioners

submitted that the matter is covered by the judgment

of Co-ordinate Bench of this Court passed in

W.P.No.136699/2020 dated 28th February 2020 in the

case of SRI. SHEKHAPPA VS. THE STATE OF KARNATAKA and

requested to dispose of the writ petition in terms of

the aforesaid order.

2. His submission is placed on record.

Accordingly, writ petition is disposed of in terms of the

order passed in the aforesaid writ petition.

Sd/-

JUDGE

RD