Karnataka High Court
Sri N Nagaraj vs State Of Karnataka on 2 February, 2024
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WP No. 3396 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 3396 OF 2024 (CS-EL/M)
BETWEEN:
1. SRI N NAGARAJ,
S/O LATE M NARAYANAPPA,
AGED ABOUT 58 YEARS,
MEMBERSHIP NO.143
2. SRI C M NAGARAJ,
S/O LATE MOOGANNA,
AGED ABOUT 65 YEARS,
MEMBERSHIP NO.19
3. SRI GOPALAKRISHNA,
S/O MUNINANJAPPA,
AGED ABOUT 64 YEARS,
Digitally MEMBERSHIP NO.41,
signed by
PRAMILA G V
4. SRI Y PILLEGOWDA
Location:
HIGH COURT S/O LATE YALACHAPPA
OF AGED ABOUT 63 YEARS
KARNATAKA MEMBERSHIP NO.42,
5. SRI D NAGARAJ
S/O LATE C DODDAPPA
AGED ABOUT 68 YEARS
MEMBERSHIP NO.45,
6. SRI VENKATARAMANAPPA
S/O LATE THIMMANNA
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AGED ABOUT 75 YEARS
MEMBERSHIP NO.81
7. SRI ANJINAPPA
S/O LATE DAVAPPA
AGED ABOUT 80 YEARS
MEMBERSHIP NO.88
8. SRI THIPPAREDDY @ THIPPPANNA
S/O MUNIYAPPA
AGED ABOUT 50 YEARS
MEMBERSHIP NO.92
9. SRI NARAYANAPPA
S/O LATE PAPANNA
AGED ABOUT 88 YEARS
MEMBERSHIP NO.98
10. SRI SRINIVAS
S/O VENKATACHALASHETTY
AGED ABOUT 68 YEARS
MEMBERSHIP NO.116
11. SMT C N UMADEVI
W/O LATE BYRAPPA
AGED ABOUT 63 YEARS
MEMBERSHIP NO.136
12. SRI D NARAYANASWAMY
S/O LATE C DODDAPPA
AGED ABOUT 62 YEARS
MEMBERSHIP NO.150
13. SRI N NANJEGOWDA
S/O LATE NARAYANAPPA
AGED ABOUT 65 YEARS
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MEMBERSHIP NO.153
14. SRI M RAMANJINAPPA
S/O MUNISHAMAPPA
AGED ABOUT 59 YEARS
MEMBERSHIP NO.197
15. SRI KARAGAPPA
S/O MALIGAPPA
AGED ABOUT 49 YEARS
MEMBERSHIP NO.224
16. SRI KRISHNAPPA
S/O NARAYANAPPA
AGED ABOUT 53 YEARS
MEMBERSHIP NO.247
17. SMT ASHWATHAMMA
W/O K NARAYANASWAMY
AGED ABOUT 63 YEARS
MEMBERSHIP NO.270
18. SRI LOKESH
S/O MUNIYAPPA
AGED ABOUT 38 YEARS
MEMBERSHIP NO.274
19. SRI S VENKATSH
S/O SONNAPPA
AGED ABOUT 50 YEARS
MEMBERSHIP NO.279
20. SMT MUNIYAMMA
W/O KRISHNAPPA
AGED ABOUT 73 YEARS
MEMBERSHIP NO.280
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21. SRI RAMANJINAPPA
S/O CHIKKAMUNIYAPPA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.284
22. SRI MUNIRAJU A
S/O ANJINAPPA
AGED ABOUT 58 YEARS
MEMBERSHIP NO.308
23. SRI KRISHNAPPA D
S/O DAVAPA
AGED ABOUT 68 YEARS
MEMBERSHIP NO.309
24. SRI SAKAPPA
S/O DAVAPPA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.312
25. SRI POOJAPPA
S/O VENKATAPPA
AGED ABOUT 60 YEARS
MEMBERSHIP NO.314
26. SMT SHYALAJA C N
W/O LAKSHMANA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.326
27. SRI M MANJUNATHA
S/O C M MUNISONNAPPA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.333
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28. SRI SRIRAMA
S/O MUNISHAMAPPA
AGED ABOUT 43 YEARS
MEMBERSHIP NO.343
29. SMT C VENKATALASKHMAMMA
W/O A NARAYANASWAMY
AGED ABOUT 55 YEARS
MEMBERSHIP NO.156
30. SRI UDAYKUMAR C K
S/O LATE KRISHNAPPA
AGED ABOUT 34 YEARS
MEMBERSHIP NO.360
31. SRI C K DEVARAJ
S/O KRISHNAPPA
AGED ABOUT 41 YEARS
MEMBERSHIP NO.362
32. SMT MANJULA
W/O C M MURTHY
AGED ABOUT 38 YEARS
MEMBERSHIP NO.386
(PETITIONER 1 TO 32 RESIDING AT
CHANNARAYAPATNA VILLAGE AND POST,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562135.
(PETITIONER NO.2 TO 7, 9 TO 13, 17, 20, 23 AND 25
ARE NOT CLAIMING SENIOR CITIZEN BENEFITS).
...PETITIONERS
(BY SRI PRAKASH SHETTY S, ADVOCATE)
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AND:
1. STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M S BUILDING, DR B R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. CHANNARAYAPATNA MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
CHANNARAYAPATNA VILLAGE AND POST,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562135,
REP BY ITS CHIEF EXECUTIVE OFFICER
(REG. UNDER CO-OPERATIVE SOCIETIES ACT,
1959).
3. STATE CO-OPERATION ELECTION AUTHORITY,
REP BY ELECTION COMMISSIONER,
3RD FLOOR, TTMCA BLOCK,
SHANTHINAGAR, BENGALURU-560027.
4. RETURNING OFFICER OF CHANNARAYAPATNA MILK
PRODUCERS CO OPERATIVE SOCIETY LTD.,
AND CHIEF DEVELOPMENT OFFICER OF
CO-OPERATIVE SOCIETIES,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562110.
5. THE DEPUTY REGISTRAR AND DISTRICT ELECTION
OFFICER OF BENGALURU RURAL DISTRICT
DISTRICT OFFICE COMPLEX,
BEERASANDRA VILLAGE, DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562110.
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R4 AND R5)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS PURSUANT TO CALENDAR OF EVENTS
ANNEXURE-A DTD 18.01.2024 ISSUED BY THE R-4 DIRECT THE
R-2 TO 4 TO PREPARE VOTERS LIST OF THE R-2 SOCIETY FOR
THE YEARS 2024-25 TO 2029-30 IN ACCORDANCE WITH LIST
OF MEMBERS WITHOUT INSISTING SEC 20(2)(a-IV) AND (a-V)
OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1, 4 and 5.
2. In view of the law declared by the Co-ordinate
Bench of this Court in Mohammad Beary & Others vs. The
State Of Karnataka & Others (Writ Petition
No.29271/2023 & Connected matters and also the judgment
of this Court in Sri. B Ganganna and others vs. The State of
Karnataka and others in W.P.No.29014/2023, the Writ
Petition is not maintainable as the petition is filed after
publication of calendar of events.
3. The petitioners if aggrieved, are at liberty to
challenge the election results as under Section 70(2)(c) of the
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Karnataka Co-operative Societies Act, 1959 (for short 'the Act
of 1959').
4. This Court has not expressed anything on the
validity of the voters' list based on which the election was held.
5. All contentions relating to the validity or otherwise
of the eligibility or ineligibility of the voters' list are kept open
to be decided in a proceeding under Section 70 of the Act of
1959, if initiated.
6. Accordingly, the Writ Petition is disposed of.
Sd/-
JUDGE
GVP
