Karnataka High Court
Mallikarjun S/O. Madiwalappa ... vs The State Of Karnataka on 17 July, 2023
Bench: S.Vishwajith Shetty
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WP No. 104066 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 104066 OF 2023 (CS-EL/M)
BETWEEN:
1. MALLIKARJUN S/O: MADIWALAPPA HITTALAMANI
AGE: 54 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 105.
2. MADIWALAPPA S/O: DEMAPPA KUDALAGI
AGE: 48 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 157
Digitally
signed by 3. MADIWALAPPA S/O: NINGAPPA ITAGI
VISHAL
VISHAL NINGAPPA AGE: 48 YEARS, OCC: AGRICULTURE
NINGAPPA PATTIHAL
PATTIHAL Date: R/O: NICHANAKI, TQ: KITTUR
2023.07.19
11:34:08
DIST: BELAGAVI.
+0530 SL. NO. 120
4. MANJUNATH S/O: MADIWALAPPA HITTALMANI
AGE: 53 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 129
5. NAGABHUSHAN S/O: BALACAHNDRA SARDHAR
AGE: 55 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
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DIST: BELAGAVI.
SL. NO. 55
6. AIHUBH S/O: IMAMSAB JAMADHAR
AGE: 45 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 250
7. LIYAKATH ALI S/O: ABDHUL SATAR KHANBAY
AGE: 48 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 143
8. SMT. KAMALAKSHI W/O: MADIWALAPPA KUDALAGI
AGE: 52 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 139
9. SMT. MALLAVVA W/O: YALLAPPA ADABATTI
AGE: 52 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 197
10. SMT. NILAVVA W/O: NAGAPPA LINGAMETRI
AGE: 50 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 223
11. YALLAPPA S/O: NAGAVVA VAKKUNDA
AGE: 48 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 38
12. SMT. POOJA W/O: M VAKKUNDA
AGE: 54 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
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DIST: BELAGAVI.
SL. NO. 125
13. SMT. JAYASHREE D/O: BANGAREWWA LINGAMETRI
AGE: 60 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 224
14. SMT. BANGAREVVA W/O: N. LINGAMETRI
AGE: 76 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 225
15. SMT. KASTUREWWA W/O: BASAPPA CHINNANAVAR
AGE: 60 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 84
16. SIDDAPPA S/O: YALLAPPA SHIGGIHALLI
AGE: 53 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 50
17. SIDDAPPA S/O: BHIMAPPA BELAVADI
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 102
18. MALLAPPA S/O: BASAPPA UDDANNAVAR
AGE: 54 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 183
19. MAILAR S/O: RAMAPPA MUSHANNAVAR
AGE: 40 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
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DIST: BELAGAVI.
SL. NO. 217
20. MOMMAD SHIRAJ S/O: CHAMANSAB BANI
AGE: 70 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 190
21. SANNA FAKIRAGOUDA S/O: DEVANAGOUDA PATIL
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 268
22. SMT. JAIBUNNISA W/O: MOHAMADD SHIRAJ BANI
AGE: 58 YEARS, OCC: HOUSE HOLD WORK
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 264
23. RUDRAPPA S/O: DUNDAPPA KURABAGATTI
AGE: 60 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 99
24. HANAMANTAPPA S/O: MALLAPPA METYAL
AGE: 58 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 19
25. BHIMAPPA S/O: F. HUCCHANNAVAR
AGE: 62 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 163
26. RUDRAPPA S/O: BASAPPA BILABHAGI
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
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DIST: BELAGAVI.
SL. NO. 90
27. BASAPPA S/O: GIRIMALLAPPA HUCCHANNAVAR
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 71
28. MUSHAPPA S/O: RUDRAPPA SHIGGIHALLI
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 226
29. SHNKREPPA S/O: SADEPPA MUSHANNAVAR
AGE: 48 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 230
30. SHRIKANT S/O: MADIWALAPPA MUSHANNAVAR
AGE: 48 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO.265
31. BASAPPA S/O: Y. UDDANNAVAR
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 162
32. SMT. KASHAVVA W/O: BASAPPA UDDANNAVAR
AGE: 70 YEARS, OCC: HOUSE HOLD WORK
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 286
33. RUDRAPPA S/O: YALLAPPA SHIGIHALLI
AGE: 54 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
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DIST: BELAGAVI.
SL. NO. 285
34. RAVINDRA S/O: RANAPPA BHOSALE
AGE: 49 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 208
35. PRAVEEN S/O: ANNAJI BHOSALE
AGE: 43 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 249
36. SMT. RATNA W/O: ANNAJI BHOSALE
AGE: 50 YEARS, OCC: HOUSE HOLD WORK
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 280
37. SMT. SHAKUNTALA W/O: SHRIKANT BHOSALE
AGE: 63 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 191
38. SHIVAPPA S/O: NINGAPPA KURABAGATTI
AGE: 68 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 91
39. CHOULAPPA S/O: BHIMAPPA MUSHANNAVAR
AGE: 45 YEARS, OCC: AGRICULTURE
R/O: MARIGERI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 261
40. SOMAPPA S/O: G. CHINAGUDI
AGE: 48 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
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DIST: BELAGAVI.
SL. NO. 165
41. RAMESH S/O: RAMAPPA CHINAGUDI
AGE: 45 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 211
42. MURALI S/O: RUDRAPPA BENNI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 182
43. BASAVARAJ S/O: RUDRAPPA BENNI
AGE: 49 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI.
SL. NO. 111
44. BHIMAPPA S/O: B. VARAGANNAVAR
AGE: 60 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 154
45. IRAPPA S/O: BASAPPA VARAGANNAVAR (K)
AGE: 54 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 117
46. MADIWALAPPA S/O: R. VARAGANNAVAR
AGE: 60 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 153
47. BASAVANNEPPA S/O: MALLESHAPPA VAKKUND
AGE: 72 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 215
48. VEERABASAPPA S/O: B. VARAGANNAVAR
AGE: 57 YEARS, OCC: AGRICULTURE
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R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 155
49. YALLAPPA S/O: SHANKREPPA VAKKUND
AGE: 50 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 209
50. RAJU S/O: MALLAPPA JANGATI
AGE: 55 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 313
51. BASAVARAJ S/O: MADIWALAPPA GAALI
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 304
52. SURESH S/O: CHANDRAPPA JANGATI
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 310
53. SMT. HANAMAVVA W/O: GURUSIDD JANGATI
AGE: 50 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 308
54. ASHOK S/O: RAMAPPA CHINAGUDI
AGE: 60 YEARS, OCC: AGRICULTURE
R/O: NICHANAKI, TQ: KITTUR
DIST: BELAGAVI. SL. NO. 306
... PETITIONERS
(BY SRI. SHIVARAJ P MUDHOL &
SRI. ANAND D BAGEWADI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF CO- OPERATION
MS BUILDING BENGALURU-580001
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2. THE STATE CO- OPERATIVE ELECTION AUTHORITY
3RD FOLLR, A BLOCK SHANTI NAGAR,
TTMC BUILDING, BENGALURU - 560002
REPRESENTED BY ITS COMMISSIONER
3. THE ELECTION OFFICER BELOW THE TALUKA LEVAL
AREA OF OPERATION OF ALL PRIMARY CO-OERATIVE
SOCITIES AND HEAD QUARTERS ASSISTANT
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES BELAGAVI, BELAGAVI REGION
PIN: 590001.
4. THE RETURNING OFICER
PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH
NIYAMIT, NICHHANAKI, TALUK: KITTUR,
DIST: BELAGAVI, AND SALE OFFICER,
OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPEARTIVE BAILAHONGAL
PIN:590001
5. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH
NIYAMIT, NICHHANAKI, TALUK: KITTUR,
DIST: BELAGAVI, R/BY ITS CHIEF EXECUTIVE.
PIN:590001.
... RESPONDENTS
(BY SRI. VINAYAK S KULKARNI, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO INCLUDES THE NAMES OF THE PETITIONERS IN THE FINAL
ELIGIBLE BARROWER AND NON BARROWER VOTER LIST AND
PERMIT THE PETITIONERS TO CAST THEIR RESPECTIVE VOTES
INCLUDING TO CONTEST IN THE ELECTION TO THE
COMMITTEE OF MANAGEMENT OF THE 5TH RESPONDENT
SOCIETY SCHEDULE TO BE HELD ON 16/07/2023 ISSUED BY
THE 4TH RESPONDENT DATED 26/06/2023 VIDE ANNEXURE-A,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners in this writ petition have challenged
the validity of the eligible and ineligible voters list
published by the Election Officer and also have made
prayer to include their names in the final voters list that
was published by respondent-Society for the election to
the Board of members of the respondent-Society.
2. The grievance of the petitioners in this writ
petition is that, the competent authority before publishing
the eligible and ineligible voters list, had not complied the
mandatory requirements of Rule 13-D(2-A) of the
Karnataka Co-operative Societies (Amendment) Rules,
2013 (for short, 'the Amendment Rules of 2013') and had
granted interim order permitting the petitioners to contest
as well as to cast their votes in the election that was held
to the post of Board of Members of the respondent-
Society.
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3. On the strength of the interim orders passed by
this Court, petitioners herein have contested/cast their
votes in the election that was held for the post of Board of
Members of the respondent-Society.
4. Learned counsel for the petitioners jointly
submit that in almost identical circumstances, the Co-
ordinate Bench of this Court in W.P. No.8502/2022 along
with W.P. No.8477/2022 vide order dated 07.06.2022
considering the fact that the petitioners have got
efficacious remedy under Section 70 of the Karnataka Co-
operative Societies Act, 1959 (for short, 'the Act of 1959)
disposed of the writ petitions, directing the concerned
respondents to announce results of the election, counting
even the votes cast by the petitioners with liberty to the
petitioners or to the concerned to avail the remedy under
Section 70(2) of the Act of 1959, if aggrieved by the
results. They submit that even this writ petition may be
disposed of in terms of the said order.
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5. Learned AGA who is appearing for the
respondent-State has not disputed the submission made
on behalf of the petitioners. Under these circumstances,
without expressing any opinion on the merits of the case,
taking into consideration the order passed by the
Coordinate Bench of this Court in W.P. No.8502/2022
along with W.P. No.8477/2022 dated 07.06.2022, even
this writ petition is required to be disposed of in terms of
the order passed in the said writ petition. The Co-ordinate
Bench of this Court taking into consideration the various
statutory provisions governing the subject and also taking
into consideration the judgment of the Hon'ble Supreme
Court in the case of Shri Sant Sadguru Janardan
Swami (Moingiri Maharaj) Sahakari Dugha Utpadak
Sanstha and Another Vs.State of Maharashtra and
others reported in (2001) 8 SCC 509, while disposing of
W.P. No.8502/2022 along with W.P. No.8477/2022 at
paragraphs 10 and 12 has observed as follows:
"10. These provisions do not leave any room
for doubt that an excluded member, with the
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publication of the Draft Eligible Electoral List, must
have an opportunity by way of an individual notice
to file objections on exclusion from the Electoral
List. It must be shown that the concerned Chief
Executive has prepared and sent notice to the
affected members. The Public Notice dated
8.11.2021 does not meet these requirements. In
fact, it is admitted on behalf of the respondents that
there are deficiencies in the preparation of the Final
Electoral Roll after the publication of the Draft
Eligible Electoral List, and the petitioners have not
been issued with individual notices.
12. It follows from this decision that the
adjudication of all questions must be as provided
under Section 70(2) of the Co-operative Societies
Act. However, in the present case the respondents
admit that there are deficiencies in finalization of
Final Electoral List. The petitioners are admittedly
not issued with individual notice as required under
the provisions of Rule 13-D (2-A) of the Co-
operative Societies Rules; the petitioners have now
cast their votes in the elections on 23.04.2022; the
petitioners are not given the opportunity to show
cause against the allegations that they have created
documents. The respondents, despite admitting
deficiencies in finalisation of the Final Electoral List,
want to invoke the rule of alternative remedy. This
Court is of the considered view that, in the
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pecularities of this case, the writ petitions should be
disposed of with directions to the concerned
respondent to announce results counting even the
votes cast by the petitioners and with liberty to all
the concerned to avail remedy under Section 70(2)
of the Act if aggrieved by the results. If such
remedy is availed raising a dispute, exclusion of
votes of those petitioners who are guilty of fraud
can also be considered based on the material that
will be placed on record."
6. Under the circumstances, even this writ petition
is disposed of in terms of the order passed by the Co-
ordinate Bench of this Court in W.P. No.8502/2022 along
with W.P. No.8477/2022 disposed of on 07.06.2022 and
accordingly the following:
ORDER
Writ petition is disposed of in terms of the order
passed by the Co-ordinate Bench of this Court in W.P.
No.8502/2022 along with W.P. No.8477/2022 disposed of
on 07.06.2022 and the Returning Officer is directed to
announce the results of the elections that were held to the
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post of Board of Members of the respondent-Society
forthwith, including the votes cast by the petitioners.
The petitioners as well as the concerned who are
aggrieved by the results so announced are at liberty to
avail the remedy under Section 70(2) of the Act of 1959.
All contentions urged in this petition by the parties
concerned are left open for consideration in the
appropriate proceedings if commenced.
Sd/-
JUDGE
Rsh/Ct:Bck
