Sarasu vs The State Of Karnataka
2024 Latest Caselaw 4758 Kant

Karnataka High Court

Sarasu vs The State Of Karnataka on 16 February, 2024

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                                                    NC: 2024:KHC:6845
                                                 WP No. 4697 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                      BEFORE
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                     WRIT PETITION NO. 4697 OF 2024 (CS-EL/M)
              BETWEEN:

              1.    SARASU,
                    W/O G C RAMESH,
                    AGED ABOUT 48 YEARS,
                    R/AT GANTAGOWDANAHALLI,
                    KERAGODU HOBLI, GUDIGENAHALLI POST,
                    MANDYA TALUK AND DISTRICT-571416.

              2.    B DORESWAMY,
                    S/O BOREGOWDA,
                    AGED ABOUT 54 YEARS,
                    R/AT GANTAGOWDANAHALLI,
                    KERAGODU HOBLI, GUDIGENAHALLI POST,
                    MANDYA TALUK AND DISTRICT-571416.

              3.    G C MAHESHA,
                    S/O CHIKKABOREGOWDA,
Digitally
signed by C         AGED ABOUT 49 YEARS,
HONNUR              R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
SAB                 GUDIGENAHALLI POST,
Location:           MANDYA TALUK AND DISTRICT-571416.
HIGH
COURT OF
KARNATAKA     4.    G C THAMMANNA,
                    S/O CHOWDAIAH,
                    AGED ABOUT 57 YEARS,
                    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
                    GUDIGENAHALLI POST,
                    MANDYA TALUK AND DISTRICT-571416.

              5.    BHAGYAMMA,
                    W/O NAGESHA,
                    AGED ABOUT 52 YEARS,
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     R/A GANTAGOWDANAHALLI, KERAGODU HOBLI,
     GUDIGENAHALLI POST,
     MANDYA TALUK AND DISTRICT-571416.

6.   CHIKKABOREGOWDA,
     S/O BOREGOWDA,
     AGED ABOUT 65 YEARS,
     R/AT GANTAGOWDANAHALLI,
     KERAGODU HOBLI, GUDIGENAHALLI POST,
     MANDYA TALUK AND DISTRICT-571416,
     BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

7.   JAYARATHNAMMA,
     W/O CHIKKABOREGOWDA,
     AGED ABOUT 54 YEARS,
     R/AT GANTAGOWDANAHALLI,
     KERAGODU HOBLI, GUDIGENAHALLI POST,
     MANDYA TALUK AND DISTRICT-571416.

8.   CHANNAMMA,
     W/O BOREGOWDA,
     AGED ABOUT 67 YEARS,
     R/A GANTAGOWDANAHALLI,
     KERAGODU HOBLI, GUDIGENAHALLI POST,
     MANDYA TALUK AND DISTRICT-571416,
     BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

9.   CHIKKABOREGOWDA,
     S/O DOLLEGOWDA,
     AGED ABOUT 66 YEARS,
     R/A GANTAGOWDANAHALLI,
     KERAGODU HOBLI, GUDIGENAHALLI POST,
     MANDYA TALUK AND DISTRICT-571416,
     BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

10. SUSHILA,
    W/O G C ANANDH,
    AGED ABOUT 55 YEARS,
    R/A GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.
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11. G C ANANDA,
    S/O CHIKKABOREGOWDA,
    AGED ABOUT 61 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

12. LAKSHMI,
    W/O KARIGOWDA,
    AGED ABOUT 53 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

13. G B MARIGOWDA,
    S/O BOKKEGOWDA,
    AGED ABOUT 63 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

14. RAMESHA,
    S/O SIDDEGOWDA,
    AGED ABOUT 49 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

15. RADHA,
    W/O KRISHNEGOWDA,
    AGED ABOUT 49 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

16. PADMA,
    W/O G B MARIGOWDA,
    AGED ABOUT 54 YEARS,
    R/AT GANTAGOWDANAHALLI,
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    KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

17. G D BOREGOWDA,
    S/O DOLLEGOWDA,
    AGED ABOUT 62 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZNESHIP IS NOT CLAIMED.

18. VANAJAKSHI,
    W/O KUMARA,
    AGED ABOUT 48 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

19. RAKSHITHGOWDA,
    S/O B SURESHA,
    AGEDA BOUT 29 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

20. SANNAMMA,
    W/O LATE MANCHEGOWDA,
    AGED ABOUT 67 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

21. BHAGYAMMA,
    W/O LATE KOTEGOWDA,
    AGED ABOUT 58 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.
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22. VIJAYANAYAKA
    S/O RAMANNA,
    AGED ABOUT 60 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED.

23. RAJU,
    S/O GIRIYACHARI,
    AGED ABOUT 47 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

24. G S PAPANNA,
    S/O SIDDEGOWDA,
    AGED ABOUT 42 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

25. J UMESHA,
    S/O JAVAREGOWDA,
    AGED ABOUT 43 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

26. NACHIRAMMA,
    W/O MAYANNAGOWDA,
    AGED ABOUT 58 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

27. DEVAMMA,
    W/O REVEGOWDA,
    AGED ABOUT 57 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
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    MANDYA TALUK AND DISTRICT-571416.

28. G C KRISHNEGOWDA,
    S/O CHIKKABOREGOWDA,
    AGED ABOUT 54 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

29. G S SIDDEGOWDA,
    S/O SIDDEGOWDA,
    AGED ABOUT 66 YEARS,
    R/AT GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

30. G S BOREGOWDA,
    S/O SIDDEGOWDA,
    AGED ABOUT 66 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

31. BHAGYAMMA,
    W/O VENKATESH,
    AGED ABOUT 46 YEARS,
    R/AT GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

32. GOWRAMMA,
    W/O BOREGOWDA,
    AGED ABOUT 53 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

33. SHIVAMMA,
    W/O ANANDHA,
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    AGED ABOUT 49 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

34. SUDHA,
    W/O KUMARA,
    AGED ABOUT 43 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

35. YASHODAMMA,
    W/O SRINIVASA,
    AGED ABOUT 51 YEARS,
    R/A GANTAGOWDANAHALLI, KERAGODU HOBLI,
    GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

36. MANGALAMMA,
    W/O ANANDH,
    AGED ABOUT 53 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

37. VISHALA,
    W/O MAHESHA,
    AGED ABOUT 39 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

38. ANITHA,
    W/O RAMESHA,
    AGED ABOUT 35 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

39. SHANTHAMMA,
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    S/O LATE PUTTASWAMYGOWDA,
    AGED ABOUT 51 YEARS,
    R/A GANTAGOWDANAHALLI
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

40. RAMAKRISHNEGOWDA,
    S/O BOREGOWDA,
    AGED ABOUT 48 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

41. SHIVARATHNAMMA,
    W/O SHIVANNA G S,
    AGED ABOUT 54 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416.

42. MANCHAMMA,
    W/O BOREGOWDA,
    AGED ABOUT 65 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.
43. S BOREGOWDA,
    S/O SIDDEGOWDA,
    AGED ABOUT 64 YEARS,
    R/A GANTAGOWDANAHALLI,
    KERAGODU HOBLI, GUDIGENAHALLI POST,
    MANDYA TALUK AND DISTRICT-571416,
    BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

                                          ...PETITIONERS
(BY SRI RAJU C L, ADVOCATE)
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AND:

1.   THE STATE OF KARNATAKA
     DEPARTMENT OF CO-OPERATION
     M S BUILDING, DR B R AMBEDKAR VEEDHI,
     BENGALURU - 560 001,
     REPRESENTED BY ITS SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, TTMC A BLOCK,
     SHANTHI NAGARA, K H ROAD,
     BENGALURU - 560 027,
     REPRESENTED BY ITS COMMISSIONER.


3.   THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN
     KARNATAKA,NO. 1, ALI ASKAR ROAD,
     BENGALURU - 560 001.


4.   THE ELECTION OFFICER AND DEPUTY REGISTRAR
     OF CO-OPERATIVE SOCIETIES,
     MANDYA DISTRICT, MANDYA-571401.

5.   RETURNING OFFICER,
     GANTAGOWDANAHALLI MILK PRODUCERS
     CO-OPERATIVE SOCIETY NIYAMITHA,
     GANGAGAUDANAHALLI VILLAGE,
     MANDYA TALUK, MANDYA DISTRICT,
     PIN CODE-571416.
6.   GANTAGOWDANAHALLI MILK PRODUCERS
     CO-OPERATIVE SOCIETY NIYAMITHA,
     GANTAGAUDANAHALLI VILLAGE,
     KERAGODU HOBLI, GUDIGENAHALLI POST,
     MANDYA TALUK, MANDYA DISTRICT,
     REPRESENTED BY ITS MANAGER, PINCODE-571416,
     (REGISTERED UNDER THE PROVISIONS OF
     KARNATAKA CO-OPERATIVE SOCIETIES ACT).

                                         ...RESPONDENTS

(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R-2 TO 6, PERMIT THE PETITIONERS TO EXERCISING
THEIR VOTES IN THE ELECTION TO BE HELD ON 18.02.2024
VIDE ANNEXURE-A TO THE BOARD OF DIRECTORS OF THE R-6.

     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, 3, 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