Karnataka High Court

Sri. Shivakumar vs The State Of Karnataka on 3 February, 2025

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                                                   WP No. 984 of 2025




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 3RD DAY OF FEBRUARY, 2025
                                       BEFORE
                      THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                      WRIT PETITION NO. 984 OF 2025 (CS-EL/M)

                 BETWEEN:

                 1.    SRI. SHIVAKUMAR
                       S/O CHENNAPPA
                       AGED ABOUT 58 YEARS

                 2.    SMT. VENKATARAJAMMA
                       W/O SRINIVASAIAH
                       AGED ABOUT 60 YEARS

                 3.    SMT. LALITHAMMA
                       W/O G V RAGHAVENDRA
                       AGED ABOUT 55 YEARS

                 4.    SMT. RADHA
                       W/O RAMESH C
                       AGED ABOUT 30 YEARS
Digitally signed by
MAHALAKSHMI B M 5.     SMT. SUMATHI
Location: HIGH         W/O SRINIVAS R
COURT OF
KARNATAKA              AGED ABOUT 50 YEARS

                 6.    SMT. NETHRAVATHI R
                       W/O LOKESHGOWDA
                       AGED ABOUT 35 YEARS

                 7.    SMT. PAVITHRA L
                       W/O HARISH K K
                       AGED ABOUT 38 YEARS

                 8.    SRI PRASHANTH
                       S/O MADHUREGOWDA
                       AGED ABOUT 38 YEARS
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9.    SMT. BHAGYA
      W/O K A NARENDRA
      AGED ABOUT 50 YEARS

10.   SMT. MALA S R
      W/O RAJA N
      AGED ABOUT 38 YEARS

11.   SRI MUTHURAJ N
      S/O NAGARAJ R
      AGED ABOUT 30 YEARS

12.   SRI MARUTHI A
      S/O VENKATAGIRIYAPPA
      AGED ABOUT 56 YEARS

13.   SRI RAJA N
      S/O T NARAYANAPPA
      AGED ABOUT 52 YEARS

14.   SRI UMASHANKAR V
      S/O VASANTHAPPA N
      AGED ABOUT 30 YEARS

15.   SRI SRINIVAS MURTHY S
      S/O SURYANARAYANA RAO P L
      AGED ABOUT 50 YEARS

16.   SMT. M GOWRAMMA
      W/O K N NAGARAJ
      AGED ABOUT 58 YEARS

17.   SMT. R RASHMI
      W/O G H RAMANJINAPPA
      AGED ABOUT 30 YEARS

18.   SRI SHANKARAPPA
      S/O MUNISWAMAPPA
      AGED ABOUT 61YEARS

19.   SMT. SHAKUNTHALA C
      W/O RAMEGOWDA
      AGED ABOUT 46 YEARS
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20.   SMT. UDAYAVANI
      W/O DASA A
      AGED ABOUT 40 YEARS

21.   SRI K N MANJUNATH
      S/O NARAYANA RAO
      AGED ABOUT 40 YEARS

22.   SRI GIRI K S
      S/O NAGARAJ K N
      AGED ABOUT 35 YEARS

23.   SMT. JAYALAKSHMI
      W/O ANANDA RAJU
      AGED ABOUT 60 YEARS

24.   SRI NARAYANAPPA K N
      S/O DODDA NARASIMHAIAH
      AGED ABOUT 62 YEARS

25.   SMT. B K PARIJATHA
      W/O MUNIRAJU S
      AGED ABOUT 58 YEARS

26.   SMT. SUNITHA BALMURALIKRISHNA
      W/O BALAMURALIKRISHNA
      AGED ABOUT 40 YEARS

27.   SRI LAKSHMINARAYANA
      S/O NARASIMHAIAH
      AGED ABOUT 43 YEARS

28.   SMT. SAMPANGAMMA
      W/O LATE KRISHNAPPA
      AGED ABOUT 70 YEARS

29.   SMT. PRAMILA
      W/O LATE KRISHNAMURTHY
      AGED ABOUT 55 YEARS

30.   SMT. AMMAIAH (ASHA)
      W/O RAMESH K M
      AGED ABOUT 60 YEARS
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31.   SMT. ANASUYA
      W/O K V VENKATESH
      AGED ABOUT 63 YEARS

32.   SMT. K R NAGAMANI
      W/O SONNEGOWDA
      AGED ABOUT 60 YEARS

33.   SRI K VIJAYAKUMAR
      S/O SUNDARESH
      AGED ABOUT 37 YEARS

34.   SMT. JAYALAKSHMI
      W/O NAGARAJ R
      AGED ABOUT 60 YEARS

35.   SRI VENKATESH R
      S/O RAMASWAMY
      AGED ABOUT 62 YEARS

36.   SRI HARISH K
      S/O KARIYAPPA
      AGED ABOUT 43 YEARS

37.   SRI KODANDARAMA N
      S/O NARAYANASWAMY
      AGED ABOUT 62 YEARS

38.   SRI C VENUGOPAL
      S/O CHENNAPPA
      AGED ABOUT 44 YEARS

39.   SRI K MUNIKRISHNA
      S/O LATE KRISHNAPPA
      AGED ABOUT 60 YEARS

40.   SMT. SARASWATHAMMA
      W/O H KRISHNAPPA
      AGED ABOUT 78 YEARS

41.   SMT. RATHNAMMA T K
      W/O KARIYAPPAGOWDA
      AGED ABOUT 62 YEARS
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42.   SRI K DILIP KUMAR
      S/O KARIYAPPA
      AGED ABOUT 38 YEARS

43.   SRI G T KRISHNAMURHTY
      S/O THAMMAIACHAR
      AGED ABOUT 62 YEARS

44.   SMT. Y G LALITHA
      W/O G T KRISHNAMURHTY
      AGED ABOUT 60 YEARS

45.   SRI. MUNIKRISHNAPPA
      S/O MUNISWAMAPPA
      AGED ABOUT 65 YEARS

46.   SRI PRAVEEN K R
      S/O RAMAKRISHNA
      AGED ABOUT 46 YEARS

47.   SMT. LALITHAMMA
      W/O LATE MUNIENKATAPPA
      AGED ABOUT 68 YEARS

48.   SRI LAKSHMINARAYANA
      S/O LATE MUNIVENKATAPPA
      AGED ABOUT 47 YEARS

49.   SMT. SUSEELAMMA
      W/O C BASAVARAJU
      AGED ABOUT 65 YEARS

50.   SRI. SRINIVAS R
      S/O RAMASWAMAPPT
      AGED ABOUT 58 YEARS

51.   SRI MANJUNATH
      S/O RAMAKRISHNAPPA
      AGED ABOUT 35 YEARS

52.   SRI CHOWDAPPA
      S/O KADIRAPPA
      AGED ABOUT 33 YEARS
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53.   SRI MURTHY
      S/O LAKSHMANNA
      AGED ABOUT 30 YEARS

54.   SRI SRINIVAS
      S/O MUNIYAPPA
      AGED ABOUT 30 YEARS

55.   SRI MAHESH KUMAR
      S/O GANGABAILAPPA
      AGED ABOUT 30 YEARS

56.   SRI SANKARA
      S/O MAREPPA
      AGED ABOUT 32 YEARS

57.   SRI MANJUNATH
      S/O HANUMANTHARAYAPPA
      AGED ABOUT 40 YEARS

58.   SRI NAVEEN K
      S/O KARIYAPPA
      AGED ABOUT 30 YEARS

59.   SRI SRIDHAR
      S/O HANUMANTHARAYAPPA
      AGED ABOUT 38 YEARS

60.   SRI. RAJA
      S/O NARAYANAPPA
      AGED ABOUT 45 YEARS

61.   SRI. NARASIMHASWAMY R
      S'/O RAMANJINAPPA
      AGED ABOUT 50 YEARS

62.   SRI ANILKUMAR
      S/O MOTAPPA
      AGED ABOUT 44 YEARS

63.   SRI MUNIRAJU A
      S/O ANNAPPA
      AGED ABOUT 55 YEARS
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64.   SRI MADHU
      SO SHAMANNA
      AGED ABOUT 55 YEARS

65.   SMT. CHAITHRA SREE P N
      WO ASHOK
      AGED ABOUT 30 YEARS

66.   SMT. AMARAVATHI
      W/O LATE SRINIVAS K R
      AGED ABOUT 58 YEARS

67.   SMT. RATHNAMMA
      W/O K.A. ANAND
      AGED ABOUT 40 YEARS

68.   SMT. LAKSHMI R
      W/O RAJU N
      AGED ABOUT 38 YEARS

69.   SMT. HAMSAKUMARI VENKATESH
      W/O K G VENKATESH
      AGED ABOUT 60 YEARS

70.   SMT. JAYALAKSHMI
      W/O G NARAYAN
      AGED ABOUT 62 YEARS

71.   SRI B MUNIRAJU
      S/O BAILAPPA
      AGED ABOUT 35 YEARS

      PETITIONERS No.1 TO 71 ARE
      R/A KODIGEHALLI, YELAHANKA TALUK
      BANGALORE 560 092

72.   SRI SATHYANARAYANA M
      S/O MUNISAMAPPA
      AGED ABOUT 50 YEARS

73.   SRI MURALI
      S/O LATE NARAYANASWAMY
      AGED ABOUT 40 YEARS
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74.   SMT. BHAGYAMMA
      W/O NARAYANASWAMY
      AGED ABOUT 60 YEARS

75.   SMT. PREMA NAGARAJU
      W/O NAGARAJU
      AGED ABOUT 62 YEARS

76.   SRI NAGARAJU
      S/O LATE D MUNISAMAPPA
      AGED ABOUT 65 YEARS

77.   SMT. KAMALAMMA
      W/O BALARAM
      AGED ABOUT 58 YEARS

78.   SRI N BALARAM
      W/O LATE NANJUNAPPA
      AGED ABOUT 63 YEARS

79.   SRI NARAYANASWAMY G
      S/O GUNDAPPA
      AGED ABOUT 58 YEARS

80.   SRI SRIDHAR MURTHY
      S/O V KRISHNAPPA
      AGED ABOUT 48 YEARS

81.   SMT. CHENNAMMA
      W/O JAYARAMAPPA
      AGED ABOUT 65 YEARS

82.   SMT. SARADAMMA
      W/O MANJUNATH P
      AGED ABOUT 58 YEARS

83.   SRI SASIDAR
      S/O APPAJIGOWDA
      AGED ABOUT 40 YEARS

84.   SRI T H RUDREGOWDA
      S/O HANUMEGOWDA
      AGED ABOUT 45 YEARS
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85.   SMT. KEMPAMMA
      W/O HANUMAIAH
      AGED ABOUT 60 YEARS

86.   SRI C HANUMAIAH
      S/O MUNIYAPA
      AGED ABOUT 55 YEARS

87.   SRI B SIVANNA
      S/O BAYANNA
      AGED ABOUT 60 YEARS

88.   SMT. S PRAMEELA
      W/O B .SIVANNA
      AGED ABOUT 55 YEARS

89.   SRI BHARATH T S
      S/O B SIVANNA
      AGED ABOUT 30 YEARS

90.   SMT. CHAITHRA
      W/O T S BHARATHKUMAR
      AGED ABOUT 26 YEARS

91.   SRI T S MANJUNATH
      S/O B SIVANNA
      AGED ABOUT 28 YEARS

92.   SRI AVITH KUMAR T S
      S/O B SIVANNA
      AGED ABOUT 25 YEARS

93.   SRI NANJAPPA T N
      S/O MUNISAMAPPA
      AGED ABOUT 62 YEARS

94.   SRI A MANJUNATH
      S/O APAPYYANNA
      AGED ABOUT 45 YEARS

95.   SRI SRINIVAS V
      S/O VENKATEGOWDA
      AGED ABOUT 42 YEARS
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96.   SRI C BYREGOWDA
      S/O CHIKKARUDRAPPA
      AGED ABOUT 40 YEARS

97.   SRI SUBBEGOWDA
      S/O V NARAYANAPPA
      AGED ABOUT 45 YEARS

98.   SRI HARISH T R
      S/O RAMANNA
      AGED ABOUT 40 YEARS

99.   SMT. H ASHA
      W/O C R ANANAMURHTY
      AGED ABOUT 30 YEARS

100. SRI R ARUN
     S/O T N PRABHAKAR
     AGED ABOUT 30 YEARS

101. SRI R NANJAPPA
     S/O LATE RAMAKRISHNAPPA
     AGED ABOUT 60 YEARS

102. SMT. MANJAMMA
     W/O VENKATESH
     AGED ABOUT 40 YEARS

103. SRI APPAJIGOWDA
     S/O HANUMEGOWDA
     AGED ABOUT 38 YEARS

104. SRI KIRANKUMAR
     S/O RAJGOPAL
     AGED ABOUT 30 YEARS

105. SRI T M VENKATESH
     S/O MUNISAMAPPA
     AGED ABOUT 65 YEARS

106. SRI T K CHOWDEGOWDA
     S/O T N KRISHNAPPA
     AGED ABOUT 48 YEARS
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     PETITIONERS No.72 TO 106 ARE
     R/A THINDLU, YELAHANKA TALUK
     BANGALORE 560 097

107. SRI. R. RAMESH
     S/O LATE M RANGAPPA
     AGED ABOUT 45 YEARS

108. SRI D S JANARDHAN
     S/O B N SRINIVASMURHTY
     AGED ABOUT 45 YEARS

109. SRI MANJUNATH
     S/O NARAYANAPPA
     AGED ABOUT 40 YEARS

110. SRI VENKATESH
     S/O THIMMARAYAPPA
     AGED ABOUT 40 YEARS

111. SMT. JAYAMMA
     W/O VENKATESH
     AGED ABOUT 35 YEARS

112. SRI B S PUTTARAJU
     S/O SIDDAPPA
     AGED ABOUT 55 YEARS

113. SRI B S LAKSHMIPATHI
     S/O SIDDAPPA
     AGED ABOUT 47 YEARS

114. SMT. GOWRAMMA B S
     W/O KESAVAMURTHY
     AGED ABOUT 42 YEARS

115. SRI ESWAR H
     S/O HANUMANTHAPPA
     AGED ABOUT 40 YEARS

116. SRI. NAGESH R
     S/O RAMACHANDRA
     AGED ABOUT 40 YEARS
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117. SMT. CHAYARANI K N
     W/O PUTTARAJU
     AGED ABOUT 35 YEARS

118. SRI P C MUNIRAJU
     S/O CHENNAPPA
     AGED ABOUT 40 YEARS

119. SRI K S RAMEGOWDA
     S/O SHAMANNA
     AGED ABOUT 50 YEARS

120. SRI S NAVEEN
     S/O SAMPANGIRAMAIAH
     AGED ABOUT 35 YEARS

121. SRI NARASIMHAMURHTY H
     S/O HANUMANTHAPPA
     AGED ABOUT 45 YEARS

122. SMT. N VASANTHA
     W/O SURESH
     AGED ABOUT 40 YEARS

123. SMT. N BHARATHI
     W/O MURTHY
     AGED ABOUT 38 YEARS

124. SRI MANJUNATH R
     S/O RAJANNA
     AGED ABOUT 35 YEARS

125. SRI RAVI P.
     S/O PADMANABHAIAH
     AGED ABOUT 43 YEARS

126. SRI H M VENKATARAJU
     S/O HANUMAIAH
     AGED ABOUT 40 YEARS

127. SRI B A GOVINARAJU
     S/O ASWARTHAPPA
     AGED ABOUT 40 YEARS
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128. SRI. G RAMESH
     S/O GOVINDA RAO
     AGED ABOUT 45 YEARS

129. SRI SRINIVAS N
     S/O NANJAPPA
     AGED ABOUT 42 YEARS

130. SRI J BALAKONDAIAH
     S/O CHENNAIAH
     AGED ABOUT 50 YEARS

131. SRI G SREERAMULU
     S/O CHENNIAHA
     AGED ABOUT 47 YEARS

132. SRI MALYADRI J
     S/O CHENNNAIAH
     AGED ABOUT 40 YEARS

133. SRI THIRUPAL N
     S/O NARAYANAPPA
     AGED ABOUT 45 YEARS

134. SRI SHEKAR P S
     S/O PENCHALAYYA
     AGED ABOUT 45 YEARS

135. SRI M V MUTHURAJ
     S/O VENKATAIAH
     AGED ABOUT 45 YEARS

136. SRI B K MAHESH
     S/O KODANDARAMAIAH
     AGED ABOUT 40 YEARS

137. SMT. MUNIRATHNA
     W/O VENKATARAMANA
     AGED ABOUT 40 YEARS

138. SRI RAMESH
     S/O NARASIAHA
     AGED ABOUT 42 YEARS
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139. SRI C D PAPEGOWDA
     S/O KALEGOWDA
     AGED ABOUT 45 YEARS

     PETITIONERS No.107 TO 139 ARE
     R/A DODDABOMMASANDRA, YELAHANKA TALUK
     BANGALORE 560 097

140. SRI M JAYARAM
     S/O Y MUNIYAPPA
     AGED ABOUT 58 YEARS R/O GUDDAHALLI

141. SRI GOPALAIAH
     S/O LAT M PUTTAIAH
     AGED ABOUT 58 YEARS

142. SRI S P GIRISH
     S/O S N BAHANNA
     AGED ABOUT 48 YEARS

143. SMT. R. BHAGYALAKSHMI
     W/O ANANDAKUMAR
     AGED ABOUT 55 YEARS

144. SRI H A SIVASHANKAR
     S/O H ANJINAPPA
     AGED ABOUT 50 YEARS

145. SMT MAHADEVAMMA
     W/O MUNIRAJU
     AGED ABOUT 40 YEARS

146. SMT. B LATHA
     W/O S A MUNISWAMY
     AGED ABOUT 40 YEARS

147. SMT. DURGAMMA
     W/O KRISHNAPPA
     AGED ABOUT 48 YEARS

148. SMT. NEELAMMA H
     D/O HANUMANTHAPPA
     AGED ABOUT 35 YEARS
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149. SMT. RASHMI RAJ
     W/O GOVINDARAJU S R
     AGED ABOUT 40 YEARS

150. SRI GOVINDARAJU S R
     S/O A RAJANNA
     AGED ABOUT 45 YEARS

     PETITIONERS No.140 TO 150 ARE
     R/A SAMPIGEHALLI, YELAHANKA TALUK
     BANGALORE 560 064

151. SMT. LAKSHMIDEVAMMA
     W/O B ANJINAPPA
     AGED ABOUT 58 YEARS

152. SRI . A. MANJESH
     S/O B ANJINAPPA
     AGED ABOUT 35 YEARS

153. SRI DELIPKUMAR N
     S/O NARAYANSWAMY V
     AGED ABOUT 42 YEARS

154. SRI. S VIVEKANANDA
     S/O NARAYANASWAMY N
     AGED ABOUT 40 YEARS

155. SMT. KAVITHA
     S/O S. VIVEKANANDA
     AGED ABOUT 35 YEARS

156. SRI. AMARESH
     S/O VENKATESH B
     AGED ABOUT 38 YEARS

157. SMT. VANITHA
     S/O NARAYANASWAMY N
     AGED ABOUT 35 YEARS

158. SMT. NETHRAVATHI
     W/O VENKATEGOWDA
     AGED ABOUT 35 YEARS
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159. SRI. VINAY MURALIRAJ
     S/O THIMMARAYAPPA
     AGED ABOUT 30 YEARS

     PETITIONERS No.151 TO 159 ARE
     R/AT SRIRAMPURA, YELAHANKA TALUK
     BANGALORE 560 064

160. SRI J RAVINDRANATH
     S/O LATE H JAYAKRISHNA
     AGED ABOUT 68 YEARS

161. SMT. N. PRAMEELA
     W/O J RAVINDRANATH
     AGED ABOUT 62 YEARS

162. SRI. R KISHAN
     S/O J . RAVINDRANATH
     AGED ABOUT 38 YEARS

163. SRI RAVIKUMAR J
     S/O JAYARAM
     AGED ABOUT 49 YEARS

164. SMT. S JAYAMMA
     W/O SHANKARAPPA
     AGED ABOUT 69 YEARS

165. SMT. JAYALAKSHMI
     D/O KRISHNAPPA
     AGED ABOUT 50 YEARS

166. SRI. RANGASWAMY
     S/O BACHEGOWDAW
     AGED ABOUT 59 YEARS

167. SMT. NEELAMMA
     W/O RAGNASWAMY
     AGED ABOUT 52 YEARS

168. SRI. C PAPANNA
     S/O CHENNARAYAPPA
     AGED ABOUT 81 YEARS
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169. SRI KESVAMURTHY
     S/O CHENNARAYAPPA
     AGED ABOUT 51 YEARS

170. SRI CHENNARAYASWAMY
     S/O MUNIRAMAPPA
     AGED ABOUT 81 YEARS

171. SMT. A LALITHA
     W/O NEELAPPA L T
     AGED ABOUT 55 YEARS

172. SRI AMARANARAYANASWAMY
     S/O HANUMANTHAPPA
     AGED ABOUT 71 YEARS

173. SMT. ANASUYA
     W/O AMARANARAYANASWAMY
     AGED ABOUT 69 YEARS

174. SRI J R HARISH
     S/O LATE D RAMAIAH
     AGED ABOUT 61 YEARS

175. SRI ANILKUMAR
     S/O JAYANNA
     AGED ABOUT 46 YEARS

176. SRI HANUMAIAH
     S/O MUNISHAMAPPA
     AGED ABOUT 73 YEARS

177. SRI J N MAHESH
     S/O D NARAYANAPPA
     AGED ABOUT 51 YEARS

178. SRI. N SUNIL KUMAR
     S/O S NAGARAJ
     AGED ABOUT 49 YEARS

179. SMT. VASANTHAMMA
     W/O HANUMAIAH
     AGED ABOUT 72 YEARS
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180. SMT. YASODAMMA S
     W/O MOHAN J H
     AGED ABOUT 43 YEARS

181. SRI. J S DEVARAJU
     S/O SHAMANNA
     AGED ABOUT 73 YEARS

182. SMT. SARASWATHI
     S/O J S DEVARAJU
     AGED ABOUT 71 YEARS

183. SMT. J D ARUNA
     W/O DEVARAJ J S
     AGED ABOUT 51 YEARS

184. SMT. VANI
     S/O ARUNKUMAR
     AGED ABOUT 49 YEARS

185. SMT. R. SHILPA
     W/O SUBBEGOWA K
     AGED ABOUT 45 YEARS

186. SMT. KRISHNAVENI T V
     W/O N RAJANNA
     AGED ABOUT 65 YEARS

187. SRI APPAYYANNA
     S/O MARENNA
     AGED ABOUT 70 YEARS

188. SMT. LAKSHMAMMA
     W/O APPAYYANNA
     AGED ABOUT 68 YEARS

189. SMT. PUSHPA
     W/O M GOPAL
     AGED ABOUT 63 YEARS

190. SRI JAGADESH N
     S/O H NANJUNDAPPA
     AGED ABOUT 48 YEARS
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191. SRI KIRANKUMAR
     S/O LATE B NAGARAJ
     AGED ABOUT 48 YEARS

192. SMT. NAVYA K N
     W/O MANOJKUMAR
     AGED ABOUT 42 YEARS

193. SRI J K JAGADESH
     S/O LATE J M KRISHNAPPA
     AGED ABOUT 69 YEARS

194. SRI L T NEELAPPA
     S/O THIMMAPPAGOWDA
     AGED ABOUT 65 YEARS

195. SMT. KANTHAMMA
     W/O N. RAJANNA
     AGED ABOUT 62 YEARS

196. SRI. ASHOK KUMAR R
     S/O LATE RAJANNA
     AGED ABOUT 49 YEARS

197. SMT. H M SUDHA
     W/O MUNIREDDY
     AGED ABOUT 50 YEARS

198. SRI NANDAKUMAR J
     S/O LATE JAYARAM
     AGED ABOUT 52 YEARS

199. SRI. ARUMKUMAR M
     S/O MUNIANJINAPPA
     AGED ABOUT 41 YEARS

200. SMT. POOJA
     W/O ARUNKUMAR
     AGED ABOUT 47 YEARS

201. SRI J MUNISWAMY GOWDA
     S/O LATE JAYARAM
     AGED ABOUT 70 YEARS
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202. SMT. K PRAMEELA
     W/O R. SUBRAMANI
     AGED ABOUT 66 YEARS

203. SMT. SAILAJA
     W/O RAGHUNATH M
     AGED ABOUT43 YEARS

204. SRI RAVIKUMAR J
     S/O JAYARAMEGOWDA
     AGED ABOUT 50 YEARS

205. SMT. PREMA N
     W/O N ANJINEGOWDA
     AGED ABOUT 65 YEARS

206. SRI NITHIN
     S/O ANJINEGOWDA
     AGED 36 YEARS

207. SMT. RASHMI P
     D/O ANJINEGOWDWA
     AGED ABOUT 30 YEARS

208. SRI. MANJUNATHA M
     S/O MUNIRAJAPPA
     AGED ABOUT 54 YEARS

209. SMT. AMBIKA
     W/O MANJUNATHA
     AGED ABOUT 47 YEARS

210. SRI A ANILKUMAR
     S/O A. APPANNA
     AGED ABOUT 52 YEARS

211. SRI A RAJESH
     S/O A. APPANNA
     AGED ABOUT 51 YEARS

    PETITIONERS No.160 TO 211 ARE
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                                        WP No. 984 of 2025




       R/AT JAKKUR, YELAHANKA TALUK
       BANGALORE 560 064.

212. SRI K K RAGHAVENDRA
     S/O KRISHNAPPA
     AGED ABOUT 47 YEARS
     R/O KODIGEHALLI, YELAHANKA TALUK
     BANGALORE URBAN DIST
     BANGALORE 560 092

                                            ...PETITIONERS
(BY SRI. PRAKASH SHETTY S., ADVOCATE)
AND:

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

2.   BYATARAYANAPURA PRIMARY AGRCULTURAL
     PRODUCERS CO-OPERATIVE SOCIETY LTD.,
     BYATARAYANAPURA YELAHANKA TALUK
     BENGALURU 560 092
     REP. BY ITS SECRETARY
     REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959.

3.   THE STATE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, TTMC 'A' BLOCK, SHANTHI NAGAR
     BENGALURU 560 027
     REP. BY ITS SECRETARY.

4.   RETURNING OFFICER AND ASST. REGISTRAR
     OF CO-OPERATIVE SOCIETIES
     BYATARAYANAPURA PRIMARY AGRICULTURAL
     PRODUCERS CO-OPERATIVE SOCIETY LTD.,
     BYATARAYANAPURA, YELAHANKA TALUK
     BENGALURU 560 092.

5.   JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
     AND ELETION OFFICER
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                                           WP No. 984 of 2025




     BENGALURU DIVISION
     8TH CROSS, MALLESHWARAM
     BENGALURU 560 004.
                                                ...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R4 & R5;
    SRI. T. L. KIRAN KUMAR, ADV. FOR R3;
    SRI. T. DADAKHALANDAR, ADV. FOR R2)


     THIS WRIT PETITION IS FILED UNDER ARTILCES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

CALL FOR RECORDS PERTAINING TO ISSUE OF THE

CALENDAR    OF   EVENTS    BY       R-4   DATED    01.01.2025;

DIRECT THE R-2 TO 5 TO PREPARE VOTER LIST OF R-2

SOCIETY FOR THE YEAR 2025-2030 IN ACCORDANCE

WITH LIST OF MEMBERS WITHOUT INSISTING UNDER

SEC 20 (2) (a-iv) (a-v) OF THE ACT; DIRECT THE

RESPONDENTS TO PERMIT THE PETITIONERS TO VOTE IN

UPCOMING ELECTION OF THE BOARD OF DIRECTORS FOR

THE TERM 2024-2025 TO 2029-2030 OF THE R-2 SOCIETY

AS   PER   ANNX-A   OF    CALENDAR        OF     EVENTS    DTD.

01.01.2025 ISSUED BY THE R-4.


     THIS PETITION, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                          WP No. 984 of 2025




CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

                        ORAL ORDER

Petitioners are seeking to direct respondents to

include the names of petitioners in the eligible voters list

and permit the petitioners to cast their votes in the

election of respondent No.2-Society, which was scheduled

to be held on 19.01.2025.

2. This Court, by way of interim arrangement on

17.01.2025, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 19.01.2025

to the Board of Directors of respondent No.2-Society

subject to the final outcome of this writ petition.

3. The challenge in this writ petition is on the

premise that notice under Rule 13 of the Karnataka Co-

Operative Societies Rules, 1960 ('the KCS Rules, 1960' for

short) is not issued.

4. Rule 13-D of the KCS Rules, 1960 reads as

under:

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"13-D. Preparation of electoral rolls and calendar of events.-(1) Election Officer shall, after due verification, send a consolidated list of all co-operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co- operative Election Authority indicating therein the following particulars.-

(a) the name and address of the society;

(b) number of elected directors of the board;

(c) the date of expiry of the term of office of the board;

(d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority.

(2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-

operative societies indicating the name and address of each society.

(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.-

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(i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years.

(ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice.

(iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer.

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(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy.

v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.

(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.-

(a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;

(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;

(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election;

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(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

(4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority.

(5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,-

(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;

(b) the admission number, the name of the society, the name of the delegate proposed to

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represent the society in the case of a member society,

and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election.

(6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5).

(7) The final electoral roll shall consist of the following,-

(a) all the individual members with right to vote in respect of a primary co-operative society; or

(b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or

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(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer.

(9) The election calendar of events for general election of directors of the board shall provide for.-

(a) date of notification inviting nomination;

(b) last date for receipt of nomination;

(d) date and time for publication of list of validly nominated candidates;

(e) date and time for withdrawal of nomination papers;

(f) Date and time for publication list of contesting candidates;

(g) Date and time for allotment of symbols and publication of contesting candidates with symbols;

(h) Date and time of poll;

(i) Date and time of counting and declaration of results."

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5. The Co-Ordinate Bench of this Court in the case

of Sri. B Ganganna and others Vs. The State of

Karnataka, Department of Co Operation and others1

(B Ganganna) had given deliberate consideration to the

provisions of Rule 13-D of the KCS Rules, 1960 and

adjudication of dispute under Section 70 of the Karnataka

Co-Operative Societies Act, 1959 ('KCS Act, 1959' for

short). The Co-Ordinate Bench of this Court framed the

following points for consideration at paragraph No.9, which

reads as under:

"9. In the light of the contentions raised, the following questions arise for consideration;

(a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule

14) to redo the voters' list for violation of Rule 13-

D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters' list?

(b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960?

ILR 2024 KAR 1901

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(c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra."

(Emphasis supplied)

6. The Co-Ordinate Bench after giving deliberate

consideration to various judgments has held at paragraph

Nos.50 and 51 as under:

"50. For the reasons recorded, this Court concludes as under:

(a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll.

(b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election.

(c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium

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(d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases.

51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters' list prepared during the pendency of the petition. Hence, the following:

ORDER

Writ petition is disposed of on the following terms:

(i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results.

(ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.

(iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all

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questions including the question relating to validity of the eligible and ineligible voters' list and impact on the election to the Board of the 6th respondent - Bank.

(iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised."

7. Section 70 of the KCS Act, 1959 reads as

under:

"70. Disputes which may be referred to Registrar for decision.-(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.-

(a) among members, past members and persons claiming through members, past members and deceased members, or

(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or

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(c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or

(d) between the society and any other co-

operative society, or a credit agency.

such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.

(2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.-

(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal

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debtor whether such debt or demand is admitted or not;

(c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society.

(d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);

(e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not.

(3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision

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thereon of the Registrar shall be final and shall not be called in question in any court.

(4) xxxxx (5) x x x x x"

8. The plain reading of Section 70 makes it clear

that an extensive and exhaustive mechanism is provided

under the aforesaid Section and the authority under

Section 70 can decide the question on the validity of

electoral roll prepared under the Rules, 1960 and its

impact on the elections, whether the petitioners are the

eligible voters and have paid membership dues, or annual

general body meetings are attended or availed the

minimum services are all questions of fact, which have to

be decided under Section 70 of the KCS Act, 1959 and the

writ petition under Article 226 of the Constitution of India

to challenge the electoral roll, the petitioners have not

made out any exceptional case in this petition to be

entertained and the decision of the Co-Ordinate Bench of

this Court in the case of B. Ganganna as stated supra is

squarely applicable to the present facts and the present

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petition needs to be disposed of in similar terms and

hence, the following:

ORDER

i. The Returning Officer shall count the votes cast in

the elections held on 19.01.2025 to the Board of

Directors of respondent No.2-Society and shall

announce the results.

ii. Liberty is reserved to the petitioners or any

aggrieved party to raise objections to the validity

of the electoral by filing an Election Petition under

Section 70(2) of the KCS Act, 1959.

iii. If any dispute is raised under the provisions of

KCS Act, 1959 the authority under Section 70 of

the KCS Act, 1959 shall examine all questions

including the questions relating to the validity of

the eligible and ineligible voters list and impact of

the election to the Board of respondent No.2-

Society.