Dinesh T E vs The State Of Karnataka
2024 Latest Caselaw 4893 Kant

Karnataka High Court

Dinesh T E vs The State Of Karnataka on 19 February, 2024

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                                                     NC: 2024:KHC:6938
                                                   WP No. 2386 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                       BEFORE
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                     WRIT PETITION NO. 2386 OF 2024 (CS-EL/M)
              BETWEEN:

              1.    DINESH T E,
                    S/O ERRAIAH,
                    AGED ABOUT 33 YEARS,
                    MEMBER PRIMARY AGRICULTURE CREDIT
                    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
                    R/AT THONDUVALLI VILLAGE,
                    CHIKKAMAGALORE TALUK,
                    CHIKKAMAGALORE DISTRICT - 577133,
                    MEMBERSHIP NO 2049,
                    LEDGER FILE NO GS 1925.
              2.    SARVAMANGALAM,
                    W/O MOGAPPASHETTY,
                    AGED ABOUT 60 YEARS,
                    MEMBER PRIMARY AGRICULTURE CREDIT
                    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
Digitally           R/AT HULLUVALLE VILLAGE,
signed by C         CHIKKAMAGALORE TALUK,
HONNUR SAB          CHIKKAMAGALORE DISTRICT - 577133,
Location:           MEMBERSHIP NO 0691,
HIGH COURT          LEDGER FILE NO GS 366.
OF
KARNATAKA     3.    CHENNAKESHAVA S J,
                    S/O JUNJASHETTY,
                    AGED ABOUT 62 YEARS,
                    MEMBER PRIMARY AGRICULTURE CREDIT
                    CO-OPERATIVE SOCIETY LTD (REGD) KUDHUVALLI,
                    R/AT HULLUVALLE VILLAGE,
                    CHIKKAMAGALORE TALUK,
                    CHIKKAMAGALORE DIST 577133,
                    MEMBERSHIP NO 0753
                    LEDGER FILE NO GS 443.
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4.   KUMARA SHETTY K S,
     S/O SAGANASHETTY,
     AGED ABOUT 43 YEARS,
     MEMBER PRIMARY AGRICULTURE CREDIT
     CO-OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
     R/AT HULLUVALLE VILLAGE,
     CHIKKAMAGALORE TALUK,
     CHIKKAMAGALORE DISTRICT - 577133,
     MEMBERSHIP NO 0885,
     LEDGER FILE NO GS 607.
5.   KENCHEGOWDA
     S/O DEVEGOWDA,
     AGED ABOUT 38 YEARS,
     MEMBER PRIMARY AGRICULTURE CREDIT
     CO-OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
     R/AT SHIRAVALALU VILLAGE,
     CHIKKAMAGALORE TALUK,
     CHIKKAMAGALORE DIST 577133,
     MEMBERSHIP NO 1050,
     LEDGER FILE NO GS 1722.
6.   PARAMESH A B,
     S/O BEELEGOWDA,
     AGED ABOUT 63 YEARS,
     MEMBER PRIMARY AGRICULTURE CREDIT
     CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
     R/AT ARENAHALLI VILLAGE,
     CHIKKAMAGALORE TALUK,
     CHIKKAMAGALORE DIST 577133
     MEMBERSHIP NO 1097
     LEDGER FILE NO GS 723.
7.   VINAY T G
     S/O HALAPPA T,
     AGED ABOUT 26 YEARS,
     MEMBER PRIMARY AGRICULTURE CREDIT
     CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
     R/AT THORANAMAVU VILLAGE,
     CHIKKAMAGALORE TALUK,
     CHIKKAMAGALORE DIST 577133
     MEMBERSHIP NO 4020
     LEDGER FILE NO GS 20/120.
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8.   SOMUSHEKHAR H R
     S/O RAMAIAH,
     AGED ABOUT 60 YEARS,
     MEMBER PRIMARY AGRICULTURE CREDIT CO
     OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
     R/AT HULLUVALLE VILLAGE,
     CHIKKAMAGALORE TALUK,
     CHIKKAMAGALORE DIST 577133
     MEMBERSHIP NO 1163
     LEDGER FILE NO SC 8/91.
9.   DEVAMMA
     S/O DODDEGOWDA M K,
     AGED ABOUT 75 YEARS,
     MEMBER PRIMARY AGRICULTURE CREDIT CO
     OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
     R/AT MATHAVARA VILLAGE,
     CHIKKAMAGALORE TALUK,
     CHIKKAMAGALORE DIST 577133
     MEMBERSHIP NO 1236
     LEDGER FILE NO GS 869.
10. JAYANNA
    S/O RAMAIAH,
    AGED ABOUT 50 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT
    CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT NANDI KERE VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 1268
    LEDGER FILE NO SC 9/47.
11. PRADEEP M D
    S/O DEVEGOWDA
    AGED ABOUT 55 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT
    CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT MATHAVARA VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 1416
    LEDGER FILE NO GS 1030.
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12. NAGARAJ T H YANE RAJEGOWDA
    S/O HALEGOWDA,
    AGED ABOUT 59 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT
    CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT IMMANAMANE VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 1626
    LEDGER FILE NO GS 1423.
13. RAJEGOWDA T K
    S/O KALEGOWDA,
    AGED ABOUT 55 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT
    CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT IMMANAMANE VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 1803
    LEDGER FILE NO GS 1675.
14. ARUNAKSHI
    W/O BASAVARAJ,
    AGED ABOUT 50 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT
    CO OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT DANDAHALLI VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 1942
    LEDGER FILE NO GS 1815.
15. LOKESH C P
    S/O PUTTEGOWDA C U,
    AGED ABOUT 49 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT CO
    OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT CHITTUVALLI VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 2014
    LEDGER FILE NO GS 1890.
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16. SURENDRA K U
    S/O UDDAIAH,
    AGED ABOUT 45 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT CO
    OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT KUDHUVALLI VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 2076
    LEDGER FILE NO GS 1952.
17. MANJUNATH T U
    S/O UDDAIAH,
    AGED ABOUT 45 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT CO
    OPERATIVE SOCIETY LTD REGD KUDHUVALLI,
    R/AT THORANAMAVU VILLAGE,
    CHIKKAMAGALORE TALUK,
    CHIKKAMAGALORE DIST 577133
    MEMBERSHIP NO 2205
    LEDGER FILE NO GS 18/85.
18. VENKATESH S S
    S/O SOMASHEKHARA,
    AGED ABOUT 55 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT CO-
    OPERATIVE SOCIETY LTD (REGD) KUDHUVALLI,
    R/AT SOMAVARAPETTE VILLAGE
    CHIKKAMAGALORE TALUK
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 2254.
    LEGDER FILE NO. 18/134.
19. KRISHNEGWODA S S
    S/O SIDDEGOWDA,
    AGED ABOUT 58 YEARS,
    MEMBER PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD.,(REGD) KUDHUVALLI,
    R/AT SHIRAVALALU VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 2365
    LEGDER FILE NO. GS 19/19.
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20. MANJUNATH B S
    S/O SHIVEGWODA,
    AGED ABOUT 55 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD (REGD) KUDHUVALLI,
    R/AT BOMMMENAHALLI VILLAGE,
    CHIKKAMGALORE TALUK
    CHIKKAMGALORE DIST - 577133
    MEMBERSHIP NO. 2533
    LEDGER FILE NO. 20/72.
21. VINAY T H
    S/O HALLAPPA T G
    AGED ABOUT 26 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT THORANAMAVU VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 4020
    LEDGER FILE NO. 20/120.
22. MALLESH
    S/O SIDDAIAH,
    AGED ABOUT 52 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT CHITTUVALLI VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 4154
    LEDGER FILE NO.SC 10/4.
23. RUDRESH C P
    S/O PUTTAIAH,
    AGED ABOUT 46 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT CHITTUVALLI VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 3605
    LEDGER FILE NO.SC 7/26.
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24. DEVAKAMMA,
    W/O MANJAIAH,
    AGED ABOUT 55 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT BACHIGANAHALLI VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 4011
    LEDGER FILE NO. SC 10/96.
25. CHANDRASHEKHAR T D
    S/O DASAIAH,
    AGED ABOUT 60 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT THADAGASEVILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 2335
    LEDGER FILE NO. SC. 10/46.
26. BASAVARAJEGOWDA D M
    S/O MALLEGOWDA,
    AGED 65 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT DANDAHALLI VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 1684
    LEDGER FILE NO. GS 1535.
27. PARVATHAMMA
    S/O MALLEGOWDA,
    AGED ABOUT 90 YEARS
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT DANDAHALLI VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133
    MEMBERSHIP NO. 1703
    LEDGER FILE NO. GS 1554.
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28. RAMACHANDRA K E
    S/O HIRREGWODA,
    AGED ABOUT 50 YEARS,
    MEMBER, PRIMARY AGRICULTURE CREDIT
    CO-OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
    R/AT THORANAMAVU VILLAGE,
    CHIKKAMGALORE TALUK,
    CHIKKAMAGALORE DIST - 577133,
    MEMBERSHIP NO. 1188
    LEDGER FILE NO. GS 804.
29. BEELAIAH,
     S/O MALLAIAH,
     AGED ABOUT 55 YEARS
     MEMBER, PRIMARY AGRICULTURE CREDIT CO-
     OPERATIVE SOCIETY LTD., (REGD) KUDHUVALLI,
     R/AT THORANAMAVU VILLAGE,
     CHIKKAMGALORE TALUK,
     CHIKKAMAGALORE DIST - 577133
     MEMBERSHIP NO. 4088
     LEDGER FILE NO. 20/172.
     (THE PETITIONER WHO HAVE AGED MORE THAN 60
     YEARS. THEY ARE NOT CLAIMING SENIOR CITIZEN
     BENEFIT).
                                          ...PETITIONERS
(BY SRI H B RUDRESH, ADVOCATE)
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 COMMISSION,
     3RD FLOOR, T.T.M.C. A BLOCK,
     SHANTHI NAGAR, K.H.ROAD,
     BANGALORE - 560 027,
     REPRESENTED BY ITS COMMISSIONER.
3.   THE REGISTRAR OF CO-OPERATIVE SOCIETIES
     IN KARNATAKA, NO.1, ALI ASKAR ROAD,
     BENGALURU - 560001.
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4.   THE DISTRICT CO-OPERATIVE ELECTION OFFICER
     AND DEPUTY REGISTRAR OF CO-OPERATIVE
     SOCIETIES, CHICKAMAGALURU DISTRICT.
5.   THE ASSISTANT REGISTRAR OF CO-OPERATIVE
     SOCIETIES,
     CHIKKAMAGALORE SUB-DIVISION,
     CHIKKAMAGALORE, CHICKMAGALURU DISTRICT.
6.   RETURNING OFFICER
     SENIOR OFFICER OF THE CO-OPERATIVE SOCIETIES,
     OFFICE OF THE DEPUTY REGISTRAR OF
     CO-OPERATIVE SOCIETIES,
     CHICKAMAGALURU DISTRICT, CHIKKAMAGALORE.
7.   OFFICE OF THE PRIMARY AGRICULTURAL CREDIT
     CO-OPERATIVE SOCIETY (REGD) KUDHUVALLI,
     UNDER THE K.C.S. ACT 1959,
     CHICKAMAGALURU TALUK AND DISTRICT
     SOCIETY REP BY ITS SECRETARY/CEO.
8.   SRI LOKESH,
     S/O HEGDEGOWDA,
     AGED ABOUT 65 YEARS,
     MEMBER OF PRIMARY AGRICULTURAL CREDIT
     CO-OPERATIVE SOCIETY KUDHUVALLI,
     CHIKAMAGALURU TALUK,
     CHIKAMAGALUR - 577 133.
     (CAUSE TITLE AMENDED AS PER COURT ORDER DT:
     19.02.2024)
                                        ...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 TO R6
 SRI T L KIRAN KUMAR, ADVOCATE FOR R2,
 SRI SARAVAN S, ADVOCTE FOR R8,
 R7 - SERVED)
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R-2,3,4,6 AND 7 TO INCLUDE THE NAMES OF
THE ABOVE SAID PETITIONERS IN THE FINAL ELIGIBLE VOTER
LIST AT ANNX-B AND PERMIT THE SAID PETITIONERS NO. 1
TO 29 TO CAST THEIR VOTES AND PERMIT THE SAID
PETITIONERS CAST THEIR VOTES IN THE UPCOMING
ELECTIONS TO THE R-7 SOCIETY WHICH IS SCHEDULE TO BE
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                                              WP No. 2386 of 2024




HELD ON 28.01.2024 VIDE ANNX-A IN SO FAR AS PETITIONER
CONCERNED.

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


                              ORDER

1. Learned Government Advocate accepts notice on

behalf of respondents No.1, 3, 4, 5 and 6, and Sri T.L. Kiran

Kumar, learned standing counsel accepts notice for respondent

No.2.

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. At this juncture, learned counsel for the petitioners

seeks permission of the Court to withdraw the petition with

liberty to raise an election dispute.

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4. The submission is placed on record. Accordingly,

liberty is granted.

5. The petitioners if aggrieved, are at liberty to

challenge the election results as under Section 70(2)(c) of the

Karnataka Co-operative Societies Act, 1959 (for short 'the Act

of 1959').

6. This Court vide interim order dated 23.01.2024

permitted the petitioners to cast vote in the elections.

However, results are withheld in the very same order. Since

the petition is dismissed as withdrawn, the results shall be

announced by excluding the votes cast by the petitioners

pursuant to the interim order.

7. This Court has not expressed anything on the

validity of the voters' list based on which the election was held.

8. 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.

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9. Accordingly, the Writ Petition is dismissed as

withdrawn.

In view of disposal of the petition, I.A. 1/2024 for

direction does not survive for consideration.

Sd/-

JUDGE CHS