Karnataka High Court
Sri. Manjunath vs The State Of Karnataka on 20 February, 2024
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WP No. 5243 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 5243 OF 2024 (CS-EL/M)
BETWEEN:
1. SRI. MANJUNATH
AGED ABOUT 35 YEARS,
S/O. KUMAR,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
2. SMT. GAYTHRIAMMA
AGED ABOUT 68 YEARS,
W/O. H. D. DEVEGOWDA,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
3. SRI. KEMPE GOWDA. H. K.
AGED ABOUT 60 YEARS,
Digitally S/O. KARIYAPPA,RESIDING AT HADYA VILLAGE,
signed by C DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
HONNUR
SAB
Location: 4. SMT. JAVARAMMA
HIGH COURT AGED ABOUT 62 YEARS,
OF
KARNATAKA W/O. SHANKAREGOWDA,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
5. H. J. BOREGOWDA
AGED ABOUT 70 YEARS,
S/O. JAVARE GOWDA,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
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6. SMT. LAKSHMAMMA
AGED ABOUT 55 YEARS,
W/O. MADHEVAIAH,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
7. SRI. MAHADEVAIAH. H. M.
AGED ABOUT 65 YEARS,S/O. MAHADEVAIAH PUSEE,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
8. SMT. VASANTHA
AGED ABOUT 55 YEARS,
W/O. MAHADEVAIAH,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
9. SMT. PUSHPALATHA. G. S.
AGED ABOUT 48 YEARS,
W/O. SIDDARAJU,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
10. SRI. H. S. CHANNAPPA
AGED ABOUT 72 YEARS,
S/O. SIDDAPPA,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
11. SRI. CHANDRASHEKAR
AGED ABOUT 60 YEARS,
S/O. KALLAPPA,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
12. SRI. MAHALINGAPPA
AGED ABOUT 70 YEARS,
S/O. KALLAPPA, RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
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13. SMT. SHANTHAMMA
AGED ABOUT 50 YEARS,
W/O. BOREGOWDA, RESIDING AT HADYA VILLAGE,
DUDDA HOBLI, MANDYA TALUK AND DISTRICT.
14. SRI. H. B. KRISHNA
AGED ABOUT 60 YEARS,
S/O. BOREGOWDA,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
15. SRI. M. MADHAIAH
AGED ABOUT 75 YEARS,
S/O. MADHAIAH,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
16. SRI. H. D. BASAVARAJU
AGED ABOUT 65 YEARS,
S/O. MADHAIAH,RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
17. SRI. H. G. JAVAREGOWDA
AGED ABOUT 50 YEARS,
S/O. JOGIGOWDA, RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,MANDYA TALUK AND DISTRICT.
18. SMT. MANCHAMMA
AGED ABOUT 65 YEARS,
W/O. JOGIGOWDA,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TALUK AND DISTRICT.
19. SRI. N. C. RAJANNA
AGED ABOUT 70 YEARS,
S/O. CHIKKARUDRAPPA,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
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WP No. 5243 of 2024
MANDYA TALUK AND DISTRICT.
20. SRI. CHANDRA
AGED ABOUT 35 YEARS,
S/O. CHIKKONU,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TALUK AND DISTRICT.
21. SRI H K KRISHNA
AGED ABOUT 63 YEARS,
S/O KARIYAPPA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
22. SMT BHAGYAMMA
AGED ABOUT 58 YEARS,
S/O H K KRISHNA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
23. SRI H S PRASANNA KUMAR
AGED ABOUT 54 YEARS,
S/O SHIVARAMEGOWDA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
24. SMT SAVITHRAMMA
AGED ABOUT 67 YEARS,
W/O D KEMPEGOWDA
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
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25. SMT NAGAMMA
AGED ABOUT 55 YEARS,
W/O PUTTASWAMY
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
26. SRI PUTTASWAMY
AGED ABOUT 62 YEARS,
W/O GANESHAYA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
27. SMT NAGAMMA
AGED ABOUT 74 YEARS,
W/O BOREGOWDA
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
28. SRI H B CHANNAIAH
AGED ABOUT 62 YEARS,
S/O BORABAYI,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
29. SMT G B RATHNAMMA
AGED ABOUT 68 YEARS,
W/O MANCHEGOWDA
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
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30. SRI VIJAYKUMAR
AGED ABOUT 45 YEARS,
S/O H M MANCHEGOWDA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
31. SRI SHIVASHANKARAPPA
AGED ABOUT 68 YEARS,
S/O TAMMAIAH,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
32. SRI NERALAIAH
AGED ABOUT 90 YEARS,
S/O N LINGAIAH,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
33. SRI H S NAGAPPA
AGED ABOUT 66 YEARS,
S/O SHAMBHULINGAIAH,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
34. SMT SAKKAMMA
AGED ABOUT 70YEARS,
W/O SIDDAPPA
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
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35. SRI ANDANIGOWDA
AGED ABOUT 55 YEARS,
S/O JAVAREGOWDA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
36. SRI DEVEGOWDA
AGED ABOUT 48 YEARS,
S/O DEVEGOWDA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
37. SMT JAYAMMA
AGED ABOUT 70 YEARS,
W/O K KEMPAIAH
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
38. SMT SHANTHAMMA
AGED ABOUT 65 YEARS,
W/O DEVEGOWDA
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
39. SMT SUNANADA
AGED ABOUT 62 YEARS,
W/O H B SHIVAKUMAR
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
40. SMT SAROJAMMA
AGED ABOUT 70 YEARS,
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WP No. 5243 of 2024
W/O BOREGOWDA
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
41. SMT MANCHAMMA
AGED ABOUT 70 YEARS,
W/O BENESIDDAIAH
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
42. SRI H K MAHADEVEPPA
AGED ABOUT 68 YEARS,
S/O KALAPPA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
43. SRI H S KALAPPA
AGED ABOUT 75 YEARS,
S/O SIDDAPPA,
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
44. SMT KAMALAMMA
AGED ABOUT 75 YEARS,
W/O PUTTASIDDAIAH
RESIDING AT HADYA VILLAGE
DUDDA HOBLI,
MANDYA TQ AND DIST.
45. SRI GUNDANNA
AGED ABOUT 70 YEARS,
S/O DODDARAMAIAH,
RESIDING AT HADYA VILLAGE
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DUDDA HOBLI,
MANDYA TQ AND DIST.
46. SRI NAGARAJU
S/O KARIGOWDA
AGED ABOUT 55 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
MANDYA TQ AND DISTRICT.
47. SMT PUTTALINGAMMA
W/O RAJANNA
AGED ABOUT 55 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
MANDYA TQ AND DISTRICT.
48. SRI CHANNAIAH(PUJARI)
S/O LATE SIDDAIAH
AGED ABOUT 65 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
MANDYA TQ AND DISTRICT.
49. SRI JOGIGOWDA
S/O KARIGOWDA
AGED ABOUT 60 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
MANDYA TQ AND DIST.
50. SRI SHIVABOREGOWDA
S/O BORAIAH
AGED ABOUT 43 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
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MANDYA TQ AND DIST.
51. SRI SIDDALINGAIAH
S/O MOTTANNA
AGED ABOUT 65 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
MANDYA TQ AND DIST.
52. SRI H K NAGARAJU
S/O KARIYAPPA
AGED ABOUT 55 YEARS
R/A HADYA VILLAGE
DUDDA HOBLI
MANDYA TQ AND DIST.
53. SMT. KAMALAMMA
AGED ABOUT 62 YEARS,
W/O RAMAKRISHNA,
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
54. SRI. JAVAREGOWDA
AGED ABOUT 65 YEARS,
S/O JAVAREGOWDA (ANGADI)
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
55. SMT. PUTTAMMA
AGED ABOUT 60 YEARS,
S/O SIDDEGOWDA
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
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56. SRI. SHANKAR
AGED ABOUT 62 YEARS,
S/O KARIYAPPA
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
57. SRI. H K NAGARAJU
AGED ABOUT 57 YEARS,
S/O KARIYAPPA
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
58. SRI. H S CHANDRAPPA
AGED ABOUT 57 YEARS,
S/O SIDDAPPA,
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
59. SRI. KARIGOWDA
AGED ABOUT 48 YEARS,
S/O KARIGOWDA,
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
60. SMT LEELA
AGED ABOUT 50 YEARS
W/O H M SURESH
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
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61. SMT NAGAMMA
AGED ABOUT 45 YEARS
W/O NAGARAJU
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
62. SMT SAROJA
AGED ABOUT 58 YEARS
W/OJAVARAYI
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
63. SRI PUTTASWAMI H T
AGED ABOUT 65 YEARS
S/O MOTTAPPA
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
64. SRI PUTTASWAMI H K
AGED 48 YEARS
S/O KARIYAPPA
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
65. SRI BASAVARAJU
AGED ABOUT 35 YEARS
S/O LATE CHANDRAPPA
R/AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
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66. SRI CHANDRAMOHAN
AGED ABOUT 28 YEARS,
S/O JAYARAMU
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
67. SMT. JYOTHI
AGED ABOUT 45 YEARS,
W/O RAJU
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
68. SRI SHIVAKUMAR
AGED ABOUT 35 YEARS
S/O MAHADEVAIAH
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
69. SRI SHIVAKUMAR
AGED ABOUT 35 YEARS,
S/O MAHADEVAIAH
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
70. SRI H S KUMAR
AGED ABOUT 28 YEARS
S/O SHIVALINGAIAH,
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
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71. SRI H R ANIL KUMAR
AGED ABOUT 32 YEARS
S/O K RAMACHANDRA
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
72. SMT. GAYATHRAMMA
AGED ABOUT 52 YEARS,
S/O PUTTASWAMI
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
73. SRI NANJAPPA H K
AGED ABOUT 48 YEARS
S/O KRISHNAPPA
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
74. SMT. RATHNAMMA
AGED ABOUT 50 YEARS
W/O CHANNAIYUR POOJARI
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
75. SMT. BHAGYA
AGED ABOUT 65 YEARS
W/O CHANNAIYU POOJARI
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
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76. SMT. MEENAKSHI
AGED ABOUT 40 YEARS
W/O NAGARAJU
RESIDING AT HADYA VILLAGE,
DUDDA HOBLI,
MANDYA TQ AND DIST.
...PETITIONERS
(BY SRI. RAVI A. BELAGATTI.,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 DEPUTY COMMISSIONER,
ALSO THE DISTRICT ELECTION OFFICER,
OFFICE OF DEPUTY COMMISSIONER,
MANDYA DISTRICT,
MANDYA - 571401.
3. THE HADYA MILK UNION,
HEAD OFFICE,
MANDYA TALUK AND DISTRICT,
MANDYA - 571405
REPRESENTED BY ITS SECRETARY,
REGISTERED UNDER THE KARNATAKA CO-
OPERATIVE SOCIETIES ACT 1959.
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. A BLOCK,
SHANTHI NAGAR,
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BANGALORE - 27
REPRESENTED BY ITS SECRETARY.
5. THE RETURNING OFFICER/COMMISSIONER,
OF HADYA MILK UNION,
MANDYA TALUK AND DISTRICT,
MANDYA - 571405.
...RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR.,HCGP FOR R1, R2 AND R5;
SRI. T.L.KIRAN KUMAR.,ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO DIRECTION
PERMITTING THE PETITIONERS TO VOTE IN THE ELECTIONS
FOR THE POST OF DIRECTOR OF R-3 HADYA MILK UNION
SCHEDULED TO BE HELD ON 21.02.2024 VIDE ANNX-B
PURSUANT TO NOTIFICATION BEARING NO. NIL DTD. NIL AND
ETC.,
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, 2 and 5. Sri T L Kiran Kumar,
learned counsel accepts notice on behalf of respondent No.4.
2. The petitioners contend that their names are
erroneously deleted from the eligible voters' list published to
hold elections on 21.02.2024 to the board of 3rd respondent -
Union.
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3. It is noticed that the calendar of events has been
published. The ineligible voters' list indicates that the
petitioners have not availed minimum services as prescribed
under the bye-law. There is no material on record to hold
that the petitioners have availed minimum services.
4. 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
(W.P.No.29014/2023), the Writ Petition is not
maintainable as the petition is filed after publication of
calendar of events.
5. The petitioners if aggrieved, are at liberty to
challenge the election results under Section 70(2)(c) of the
Karnataka Co-operative Societies Act, 1959.
6. This Court has not expressed anything on the
validity of the voters' list based on which the election was
held.
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7. 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.
8. Accordingly, the Writ Petition is dismissed.
Notwithstanding the dismissal of the Writ Petition, liberty is
reserved to the petitioner to raise all the contentions in the
election dispute after the announcement of election results.
Sd/-
JUDGE
PHM
