Karnataka High Court

Sri T Sampath Kumarachar vs The State Of Karnataka on 1 February, 2024

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                                                        WP No. 29258 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                              BEFORE
                           THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                             WRIT PETITION NO. 29258 OF 2023 (CS-EL/M)


                      BETWEEN:

                      1.    SRI. T. SAMPATH KUMARACHAR,
                            S/O. PUROHITH NARAYAN IYENGAR,
                            AGED ABOUT 45 YEARS,
                            R/AT MELUKOTE TOWN,
                            PANDAVAPURA TALUK, MANDYA DIST.

                      2.    SRI. SHIVANNA SHETTY,
                            S/O NILAKANTA SHETTY,
                            AGED ABOUT 58 YEARS,
                            R/AT MELUKOTE TOWN,
                            PANDAVAPURA TALUK, MANDYA DIST.

                      3.    SRI. N. VENKATANARASHIMA SHETTY
                            S/O NINGAPURADA VENKATANARASHIMA SHETTY
                            AGED ABOUT 54 YEARS,
Digitally signed by         R/AT MELUKOTE TOWN,
AASEEFA PARVEEN
Location: HIGH              PANDAVAPURA TALUK, MANDYA DIST.
COURT OF
KARNATAKA
                      4.    SRI. K. B. NARASHIME GOWDA
                            S/O BETTEGOWDA,
                            AGED ABOUT 57 YEARS,
                            R/AT MELUKOTE TOWN,
                            PANDAVAPURA TALUK, MANDYA DIST.

                      5.    SMT. JAYAMMA,
                            W/O. K. B. NARASHIME GOWDA,
                            AGED ABOUT 55 YEARS,
                            R/AT MELUKOTE TOWN,
                            PANDAVAPURA TALUK, MANDYA DIST.
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6.   SRI. M. SOMASHEKAR,
     S/O. M. S. MALLASHETTY,
     AGED ABOUT 64 YEARS,
     R/AT MELUKOTE TOWN,
     PANDAVAPURA TALUK, MANDYA DIST.

7.   SRI. VARADARAJU,
     S/O NARASHIME GOWDA @ BETTEGOWDA
     AGED ABOUT 44 YEARS,
     R/AT MELUKOTE TOWN,
     PANDAVAPURA TALUK, MANDYA DIST.

8.   SRI. K. S. KRISHNA IYENGAR
     S/O KARAGAM SHESHA IYENGAR
     AGED ABOUT 61 YEARS,
     R/AT MELUKOTE TOWN,
     PANDAVAPURA TALUK, MANDYA DIST.

9.   SRI. M. MAHESH,
     S/O. M. MARIYAPPA,
     AGED ABOUT 40 YEARS,
     R/AT MELUKOTE TOWN,
     PANDAVAPURA TALUK, MANDYA DIST.

10. SRI. J. SHIVANNA,
    S/O JOGIGOWDA,
    AGED ABOUT 53 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

11. SMT. DEVAMMA,
    W/O KODANDA RAMEGOWDA,
    AGED ABOUT 65 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

12. SRI. M. N. P. RATHNAM
    S/O. S. NAGARAJU
    AGED ABOUT 51 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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13. SRI. S. PARTHASARATHY
    S/O. S. SAMPATHU
    AGED ABOUT 55 YEARS
    R/AT MELUKOTE TOWN
    PANDAVAPURA TALUK, MANDYA DIST.

14. SRI. M. S. KANNAN
    S/O S SAMPATHU
    AGED ABOUT 40 YEARS
    R/AT MELUKOTE TOWN
    PANDAVAPURA TALUK, MANDYA DIST.

15. SMT. JAYALAKSHMI @ BHAGYA
    W/O VENKATARAMU,
    AGED ABOUT 53 YEARS
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

16. SMT. SAROJAMMA,
    W/O. KANCHI SHETTY,
    AGED ABOUT 44 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

17. SMT. SUSHEELAMMA,
    W/O KUMARASWAMY,
    AGED ABOUT 46 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

18. SMT. LATHA,
    W/O. M. V. NAGESH,
    AGED ABOUT 59 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

19. SMT. GOWRAMMA,
    W/O VENKATESH,
    AGED ABOUT 52 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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20. SRI. SHEKARA,
    S/O GURUVEGOWDA,
    AGED ABOUT 65 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

21. SRI. KEMPEGOWDA,
    S/O KARIGOWDA,
    AGED ABOUT 60 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

22. SRI. NEELAKANTA,
    S/O. SUBBAIAH,
    AGED ABOUT 58 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

23. SRI. DEVEGOWDA,
    S/O KEMPEGOWDA,
    AGED ABOUT 55 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

24. SMT. KAMALAMMA,
    W/O. C. T. RAJU,
    AGED ABOUT 56 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK MANDYA DIST.

25. SMT. B. SAVITHRI,
    W/O. G. BETTEGOWDA,
    AGED ABOUT 44 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

26. SRI. M. S. ANANTHARAMA SHETTY,
    S/O. M. P. SRINIVASA SHETTY,
    AGED ABOUT 52 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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27. SMT. MANJULA,
    W/O. SHIVANNA,
    AGED ABOUT 41 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

28. SRI. S. CHALUVANARAYANA,
    S/O. C. SINGRIGOWDA,
    AGED ABOUT 67 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

29. SMT. DEVAMMA,
    W/O JAVAREGOWDA,
    AGED ABOUT 44 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

30. SRI. N. NARASHIMEGOWDA,
    S/O NARASEGOWDA,
    AGED ABOUT 55 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

31. SRI. YOGANARASHIMEGOWDA,
    S/O. NARASHIMEGOWDA,
    AGED ABOUT 63 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

32. SRI. M. N. KRISHNEGOWDA,
    S/O. G. C. NARASHIMEGOWDA,
    AGED ABOUT 56 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

33. SMT. LAKSHMI,
    W/O NARASHIMHA,
    AGED ABOUT 60 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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34. SRI. PANDURANGA,
    S/O GURUVEGOWDA,
    AGED ABOUT 61 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

35. SRI. N. VIJAYA RAJU,
    S/O NARASHIMAHASHETTY,
    AGED ABOUT 61 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

36. SRI. NARASHIMEGOWDA,
    S/O. KARIGOWDA,
    AGED ABOUT 47 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

37. SRI. M. T. MANU,
    S/O. M. THAMMANNA GOWDA,
    AGED ABOUT 48 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

38. SMT. NAGAMMA,
    W/O. CHIKKANNA,
    AGED ABOUT 56 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

39. SRI. K. S. SAMPATH KUMAR,
    S/O. K. T. SUDARSHAN NARASHIMACHAR,
    AGED ABOUT 43 YEARS,
    R/AT MELUTKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

40. SRI. M. J. YOGANNA,
    S/O LATE JAVARASHETTY,
    AGED 48 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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41. SRI. S. N. SRIRAMAN,
    S/O STANIKAM NARASHIMACHAR,
    AGED ABOUT 54 YEARS,
    R/AT MELUTKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

42. SRI. M. R. DARSHAN,
    S/O. P. RAMASHETTY,
    AGED ABOUT 58 YEARS,
    R/T MELUTKOTE TOWN
    PANDAVAPURA TALUK, MANDYA DIST.

43. SMT. B. NAGARATHNA,
    W/O G BETTEGOWDA
    AGED 65 YEARS
    R/AT MELUKOTE TOWN
    PANDAVAPURA TALUK, MANDYA DIST.

44. SRI. E. J. SRIRANGARAJAN,
    S/O. JAGGU NARASHIMHACHAR,
    AGED ABOUT 50 YEARS,
    R/T. MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

45. SRI M S VENKATANARASHIMHA SHETTY,
    S/O. V. C. SUBBASHETTY,
    AGED ABOUT 49 YEARS,
    R/T MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

46. SRI. G. RAMESH,
    S/O LATE GURUDEVA,
    AGED ABOUT 68 YEARS,
    R/AT MELUTKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

47. SRI. GOVINDEGOWDA,
    S/O. KARIGOWDA,
    AGED ABOUT 50 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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48. SRI. M. S. GURURAJU,
    S/O SHEKARA,
    AGED ABOUT 47 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

49. SRI. M. S. SHIVARAJU,
    S/O SIDDEGOWDA,
    AGED ABOUT 60 YEARS,
    R/AT MELUTKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

50. SRI. RAJU,
    S/O YALAKKI SANNEGOWDA,
    AGED ABOUT 57 YEARS
    R/AT MELUKOTE TOWN
    PANDAVAPURA TALUK, MANDYA DIST.

51. SRI. V. KUMAR,
    S/O VENKATEGOWDA,
    AGED ABOUT 50 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

52. SRI. M. S. MANJUNATH,
    S/O SHIVANNA,
    AGED ABOUT 45 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

53. SRI. M. R. YOGANAND,
    S/O RAJU,
    AGED ABOUT 50 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

54. SMT. YASHODA,
    W/O NINGEGOWDA,
    AGED ABOUT 33 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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55. SMT. VASANTHA,
    W/O M V MAYANNAGOWDA,
    AGED ABOUT 53 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

56. SRI. GURUSWAMY,
    S/O LATE KENCHEGOWDA,
    AGED ABOUT 57 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

57. SRI. H. MADHUSUDHAN,
    S/O HONNEGOWDA,
    AGED ABOUT 64 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

58. SRI. C. EREGOWDA
    S/O LATE CHANNAVEEREGOWDA,
    AGED ABOUT 48 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

59. SRI. N. SRIDHARA,
    S/O NARASHIMAIAH,
    AGED ABOUT 57 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

60. SRI. M. K. SATHISH,
    S/O. KARIGOWDA,
    AGED ABOUT 43 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

61. SRI. SHIVALINGA M. K.,
    S/O KARIGOWDA,
    AGED ABOUT 49 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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62. SRI. M. V. SOMEGOWDA,
    S/O VENKATEGOWDA,
    AGED ABOUT 46 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

63. SRI. C. NAGENDRA,
    S/O CHIKKARAMEGOWDA,
    AGED ABOUT 42 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

64. SRI. BAIREGOWDA,
    S/O JAVAREGOWDA,
    AGED ABOUT 29 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

65. SRI. M. V. SANJAY,
    S/O C VENKATESH,
    AGED ABOUT 54 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

66. SRI. K. L. YASHWANTHASHIMHA
    S/O K S LAKSHMINARASHIMHA
    AGED ABOUT 29 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

67. SRI A. KRISHNA
    S/O AMASHE,
    AGED ABOUT 30 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
68. SRI. MADAN S.,
    S/O SRINIVAS
    AGED ABOUT 61 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
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69. SRI. MAHESH,
    S/O VENKATARAMEGOWDA,
    AGED ABOUT 47 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

70. SRI. CHETHAN N.,
    S/O T NAGARAJU
    AGED ABOUT 45 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

71. SRI. SANTHOSH,
    S/O VENKATESH,
    AGED ABOUT 60 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.

72. SRI. SUNEEL KUMAR
    S/O JAYARAMEGOWDA,
    AGED ABOUT 29 YEARS,
    R/AT MELUKOTE TOWN,
    PANDAVAPURA TALUK, MANDYA DIST.
                                          ...PETITIONERS
(BY SRI. D.R. RAVISHANKAR , SENIOR COUNSEL A/W
    SRI. HARSHA D.,ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS PRINCIPAL SECRETARY,
     DEPARTMENT OF CO-OPERATION,
     VIKASASOUDHA,
     BANGALORE-560 001.

2.   THE CO-OPERATIVE ELECTION COMMISSIONER,
     3RD FLOOR, SHANTHINAGAR TTMC, "A" BLOCK,
     K. H. ROAD, SHANTHINAGAR,
     BANGALORE - 560 027.
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                                   WP No. 29258 of 2023




3.   THE DISTRICT REGISTRAR OF
     CO-OPERATIVE SOCIETY,
     BEHIND SIDDARTHA THEATER, R P ROAD,
     MANDYA - 571 401.

4.   THE ASSISTANT REGISTRAR
     OF CO- OPERATIVE SOCIETIES,
     MANDYA DIVISION,
     MANDYA, MANDYA DISTRICT - 571 434.

5.   THE RETURNING OFFICER,
     MELUKOTE MILK PRODUCERS CO OPERATIVE
     SOCIETY LTD.,
     MELUKOTE TOWN,
     PANDAVAPURA TALUK,
     MANDYA DIST - 571 431.

6.   THE MELUKOTE MILK PRODUCERS
     CO-OEPRATIVE SOCIETY LTD.,
     MELUKOTE TOWN,
     PANDVAPURA TALUK,
     MANDYA DIST - 571431.
     REP BY ITS SECRETARY.

                                           ...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO,AGA FOR R1 , R3 -R5;
    SRI. T.L. KIRAN KUMAR, AVOCATE FOR R2;
    SRI. A. MAHAMMED TAHIR, ADVOCATE FOR R6)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO
6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE
VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR
VOTES IN THE ELECTION TO THE R6 SOCIETY WHICH IS
SCHEDULE TO BE HELD ON 11.01.2024 ANNEXURE-A AND ETC.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING
B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                              WP No. 29258 of 2023




                             ORDER

Learned counsel for the respondent No.6 filed

statement of objections.

2. The same is taken on record.

3. Heard Sri. D.R.Ravishankar, the learned Senior

Counsel appearing for the petitioners, the learned

Government advocate appearing for respondents No.1, 3

to 5, the learned counsel appearing for Election

Commission and also the learned counsel appearing for

respondent No.6.

4. The petitioners in this petition have essentially

sought a direction to respondents No.2 to 6 to include the

names of the petitioners in the eligible voters' list and

permit the petitioners to cast votes in the election to board

of respondent No.6-Society held on 11.01.2024. This

Court vide interim order dated 04.01.2024 permitted the

petitioners to vote in the election held on 11.01.2024.

Thereafter the notices have been served and election is

held and petitioners have cast their votes and result is not

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announced and the ballot papers issued to the petitioners

have been kept in a sealed box.

Learned Senior Counsel for petitioners

Sri.D.R.Ravishankar would raise the following contentions:

5. Respondent No.6-Society has not complied with

the requirement of Rule 13-D(2-A) of the Karnataka Co-

operative Societies Rules, 1960 which are held to be

mandatory in terms of the law laid down by the Division

Bench of this court in Mysore & Chamarajanagar

District Co-operative Bank Ltd. and Others vs State

of Karnataka & Others in W.A. No. No.1333/2023.

The non-compliance of mandatory rules will enable the

petitioners to caste vote in the election as the process of

holding the petitioners as ineligible voters itself is contrary

to the mandatory provisions of the Rule 13-D(2-A). He

would also submit that in Mohammad Beary & Others

vs The State of Karnataka & Others in

W.P.No.29271/2023 & Connected matters, this Court

has not allowed the petitioners to vote in the election and

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petition is dismissed at the threshold and H.S. Raju &

Others vs State of Karnataka and Others 2022 (4)

AKR 775 case, this Court had permitted the petitioners to

vote in the election and noticing that there is no

compliance on the part of respondent No.6-Society while

finalising the voters' list has permitted the votes to be

counted. Thus, he would contend that as the mandatory

requirement is not followed, the petitioners shall be

permitted to vote in the election.

6. Learned counsel for respondent No.6 would

contend that the issue involved in this case is covered in

terms of the law laid down by this Court in B.Ganganna &

Others vs. The State of Karnataka and others in

W.P.No.29014/2023 dated 24.01.2024. He would also

point out that in H.S.Raju's case supra, the Court

permitted the votes to be counted in view of the

concession made by the bank which made a statement

that Rule 13-D(2-A) is not complied. It is also the

contention of the learned counsel for respondent No.6 that

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the Society has issued notice to all the petitioners and

notices have been served and despite service of notice,

the objection to the notices not filed as such the

petitioners cannot raise a contention that they are eligible

to vote and contest in the election.

7. This Court has considered the contentions

raised at the Bar and also perused the records. Admittedly

in Mohammed Beary's case supra, this Court has taken

a view that once the calendar of events are published, the

election process cannot be stopped and writ petition under

Article 226 of Constitution of India is not maintainable

where the challenge is laid to the correctness of the

eligible and ineligible voters list.

8. In H.S.Raju's case supra, the Court was

dealing in a slightly different contest where there was an

exparte interim order permitting the petitioners to vote in

the election and the respondent-Society in the said case

made a statement that they have not followed the

requirement of Rule 13-D(2-A).

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9. In B.Ganganna's case supra, this Court has

considered the above said judgments and has taken a

view that non-compliance of Rule 13-D(2-A) by itself will

not confer the petitioners right to vote. This Court has

taken a view that right to vote has to be established by

demonstrating that the petitioners have complied with the

requirements of Section 20(a-iv) and 20(a-v).

10. As already noticed, this petition is filed

subsequent to the publication of calendar of events. This

Court has taken a view that the non-compliance of Rule

13-D(2-A) itself cannot be a ground to permit the

petitioners to vote in the election and that right to vote

has to be demonstrated by producing the records to show

that the petitioners have fulfilled the requirements under

the Provisions of Karnataka Co-operative Societies Act. In

this case, the petitioners are not entitled to relief that was

granted to the petitioners in H.S.Raju's case supra as the

respondent-Society has raised an objection and has taken

a stand that the society has issued notice to the

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petitioners and petitioners have not replied to the said

notice. Admittedly, there is no reply to the notices issued.

Though, there are some defects in the said notices, as this

Court has taken a view that non-compliance of Rule 13-

D(2-A) by itself will not make the petitioners eligible to

vote in the election, the petitioners are not entitled to the

order similar to the one granted in H S Raju's case supra.

The votes cast by the petitioners cannot be counted while

declaring the election. Hence, the following:

ORDER

(i) Writ petition is dismissed.

(ii) However, liberty is reserved to the petitioners to

raise the dispute under Section 70 of the Karnataka

Co-operative Societies Act, 1959.

(iii) If such a dispute is raised, notwithstanding the

dismissal of the writ petition, the authority shall

consider all contentions raised by the petitioners

relating to the eligibility or ineligibility of the voters