Karnataka High Court
Hari Bhat vs The State Of Karnataka on 4 February, 2025
-1-
NC: 2025:KHC:5099
WP No. 1527 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.1527 OF 2025 (CS-EL/M)
BETWEEN:
1. HARI BHAT,
S/O ESHWARAN K.S,
AGED ABOUT 57 YEARS,
R/AT KANTHAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1142.
2. VENKAMMA,
W/O UMANNA GOWDA,
AGED ABOUT 70 YEARS,
R/AT ANTHARA, HOSAVAKLU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
Digitally signed by
MAHALAKSHMI B M MEMBERSHIP NO.2005.
Location: HIGH
COURT OF
KARNATAKA 3. KRISHNAPPA MADIVAALA,
S/O BABU MADIVALA,
AGED ABOUT 40 YEARS,
R/AT PERMUDELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2043.
4. PURUSHOTTHAMA GOWDA,
S/O DHARNAPPA GOWDA,
AGED ABOUT 40 YEARS,
-2-
NC: 2025:KHC:5099
WP No. 1527 of 2025
R/AT KODIYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2081.
5. UMESHA,
S/O NARAYANA GOWDA,
AGED ABOUT 32 YEARS,
R/AT KOPPADABAILU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2085.
6. HAREESHA,
S/O THIMMAYYA GOWDA,
AGED ABOUT 28 YEARS,
R/AT KODIYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2122.
7. VISHWANATAHA N,
S/O ANNI GOWDA,
AGED ABOUT 30 YEARS,
R/AT NANILDADI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2179.
8. HEMANTH,
S/O CHALLA GOWDA,
AGED ABOUT 40 YEARS,
R/AT MALEBETTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2213.
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NC: 2025:KHC:5099
WP No. 1527 of 2025
9. MOHINI,
W/O SURESH ACHARYA,
AGED ABOUT 40 YEARS,
R/AT KOPPADABAILU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2235.
10. BHAVANI SHANKARA,
S/O ANNI GOWDA,
AGED ABOUT 39 YEARS,
R/AT PANGALA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2240.
11. SUNDARI,
W/O BABU GOWDA,
AGED ABOUT 70 YEARS,
R/AT GANJALU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2242.
12. MILIND VITALA PRABHU,
S/O SHIVASHANKARA PRABHU
AGED ABOUT 28 YEARS,
R/AT MALEBETTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2303.
13. MUKUNDACHANDRA,
S/O NRASINMHA SAMAGARA,
AGED ABOUT 45 YEARS,
-4-
NC: 2025:KHC:5099
WP No. 1527 of 2025
R/AT NISARGA NILAYA,
RENJARU PALKE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2333.
14. MOHINI,
W/O CHINNAPPA NAIK,
AGED ABOUT 75 YEARS,
R/AT GUNDIJALU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2334.
15. RASHMI,
W/O SHRIDHARA GOWDA,
AGED ABOUT 33 YEARS,
R/AT AALANE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2355.
16. SANATH KUMAR,
S/O PADMARAJ POOVANI,
AGED ABOUT 58 YEARS,
R/AT KODIMARU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2363.
17. NAGAPPA GOWDA N.B,
S/O BABU GOWDA,
AGED ABOUT 76 YEARS,
R/AT KOPPADABAILU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
-5-
NC: 2025:KHC:5099
WP No. 1527 of 2025
MEMBERSHIP NO.2388.
18. BASKARA GOWDA K,
S/O SUNDARA GOWDA,
AGED ABOUT 38 YEARS,
R/AT KAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2399.
19. VISHWANATHA,
S/O NARAYANA NAYKA,
AGED ABOUT 26 YEARS,
R/AT KANTHAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2405.
20. B.GANESH GOWDA,
S/O JARAPPA GOWDA,
AGED ABOUT 38 YEARS,
R/AT KOPPADABAILU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2417.
21. RAVIRAJA JAIN,
S/O SHANTHARAJ PANDI,
AGED ABOUT 67 YEARS,
R/AT NADUMANE, MALEBETTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2481.
22. PUSHPAVATHI,
S/O RAGHURAMA SHETTY,
AGED ABOUT 65 YEARS,
-6-
NC: 2025:KHC:5099
WP No. 1527 of 2025
R/AT KEMBARJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2575.
23. SHIVARAMA,
S/O RAMANNA SHETTY,
AGED ABOUT 60 YEARS,
R/AT KEMBARJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2577.
24. M VASUDHA PRABHU,
W/O SHIVASHANKARA PRABHU,
AGED ABOUT 50 YEARS,
R/AT MAHADEVI KRIPA,
MALEBETTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2580.
25. SANJEEVA HEGDE B.K,
S/O BABU HEGDE,
AGED ABOUT 68 YEARS,
R/AT NINNIKALLU KODANGE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2612.
26. RAMESHA,
S/O ELYANNA GOWDA,
AGED ABOUT 34 YEARS,
R/AT KIRIYADI HOUSE,
UJIRE VILLAGE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
-7-
NC: 2025:KHC:5099
WP No. 1527 of 2025
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2615.
27. JANCY BINOY,
W/O BINOY,
AGED ABOUT 45 YEARS,
R/AT NANILDADI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2629.
28. HARISHA P,
S/O CHEENKRA GOWDA,
AGED ABOUT 34 YEARS
R/AT KODIYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2811.
29. SHRIDHARA,
S/O NARAYANA ACHARYA,
AGED ABOUT 55 YEARS,
R/AT GUNDIJAALU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2824.
30. UMESHA,
S/O ANNI GOWDA,
AGED ABOUT 30 YEARS,
R/AT NANILDADI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2830.
-8-
NC: 2025:KHC:5099
WP No. 1527 of 2025
31. CHANDARAVATHI,
W/O DEJU GOWDA,
AGED ABOUT 70 YEARS,
R/AT GANJALU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.608.
32. LAKSHMI,
W/O SHEENAPPA GOWDA,
AGED ABOUT 75 YEARS,
R/AT GANJALU HOUSE,
K DISTRICT - 574 214.
MEMBERSHIP NO.1033.
33. ARAVINDA,
S/O ESHWARAN K.S,
AGED ABOUT 55 YEARS,
R/AT KANTHAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1054.
34. MALATHI,
S/O PADMARAJ JAIN,
AGED ABOUT 55 YEARS,
R/AT MALEBETTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1188.
35. DEEKAYYA NAIKA,
S/O NONAYYA NAIKA,
AGED ABOUT 45 YEARS,
R/AT PANCHAPALKE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
-9-
NC: 2025:KHC:5099
WP No. 1527 of 2025
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1396.
36. NONAYYA GOWDA,
S/O KITTU GOWDA,
AGED ABOUT 76 YEARS,
R/AT KAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1464.
37. SADASHIVA T.K.,
S/O KARTHIKEYA,
AGED ABOUT 57 YEARS,
R/AT KANTHAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2277.
38. RUKMINI,
W/O MONTA POOJARY,
AGED ABOUT 70 YEARS,
R/AT KATTA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1709.
39. TUNGAPPA POOJARY,
S/O NONAYYA POOJARY,
AGED ABOUT 55 YEARS,
R/AT DEVASA, MALEBETTU,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1720.
40. SHIVASHANKARA PRABHU,
S/O VITALA PRABHU,
- 10 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
AGED ABOUT 64 YEARS,
R/AT MAHADEVI KRIPA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1741.
41. SURESHA,
S/O JATTI POOJARY,
AGED ABOUT 45 YEARS,
R/AT KULENJILODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1771.
42. BABU MESTRI,
S/O MARAPPA,
AGED ABOUT 72 YEARS,
R/AT KULENJILODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1791.
43. SUNANDA @THUNGA SHETTY,
W/O RAMANNA SHETTY,
AGED ABOUT 80 YEARS,
R/AT KEMBARJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1801.
44. VITALA GOWDA,
S/O MONTA GOWDA,
AGED ABOUT 50 YEARS,
R/AT NANILDADI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
- 11 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
MEMBERSHIP NO.2524.
45. DHARNAPPA GOWDA,
S/O THIMMAPPA GOWDA,
AGED ABOUT 60 YEARS,
R/AT KULENJILODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2564.
46. MADHUSUDHANA H.K.,
S/O KRISHNA RAO,
AGED ABOUT 45 YEARS,
R/AT IDINGALA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2586.
47. K.B.H BALLAL,
S/O LINGHAPPA MUDYA,
AGED ABOUT 65 YEARS,
R/AT HEERA HOUSE,, MUGULI ROAD,
BELTHANGADY KASABA VILLAGE,
BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.223.
48. JAYANTHI,
W/O KRISHNA BHAT K,
AGED ABOUT 62 YEARS,
R/AT AGRASHAALE KOYYURU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.546.
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NC: 2025:KHC:5099
WP No. 1527 of 2025
49. DUGGAPPA GOWDA,
W/O THIMMAYYA GOWDA,
AGED ABOUT 51 YEARS,
R/AT MEGINA ANTHARA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1069.
50. K. NANDA KUMAR TANTRI,
S/O KRISHNA BHAT,
AGED ABOUT 55 YEARS,
R/AT AGRASHAALE KOYYUR HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1101.
51. SUMANA,
W/O NANDA KUMAR,
AGED ABOUT 48 YEARS,
R/AT AGRASHAALE KOYYUR HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1102.
52. RUKMINI B,
W/O LINGA GOWDA,
AGED ABOUT 64 YEARS,
R/AT BARAMELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1222.
53. CHEENKRA GOWDA,
S/O AMANI GOWDA,
AGED ABOUT 45 YEARS,
R/AT BEEJARADI HOUSE,
- 13 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1417.
54. SUJATHA,
W/O SHANTARAJA KADAMBA,
AGED ABOUT 65 YEARS,
R/AT UNILE GUTTHU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1455.
55. DEJAPPA GOWDA K,
S/O BABU GOWDA,
AGED ABOUT 47 YEARS,
R/AT KALIKUMERU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1498.
56. LINGAPPA SHETTIGAR,
S/O KUNYA SHETTIGAR,
AGED ABOUT 55 YEARS,
R/AT KAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1518.
57. RAMACHANDRA M,
S/O NARAYANA BHAT,
AGED ABOUT 59 YEARS,
R/AT KOYYUR HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1561.
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NC: 2025:KHC:5099
WP No. 1527 of 2025
58. SHRIDHARA GOWDA,
S/O DEJAPPA GOWDA,
AGED ABOUT 47 YEARS,
R/AT HARPALA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1599.
59. CHIDANANDA,
S/O ANTHAPPA GOWDA,
AGED ABOUT 48 YEARS,
R/AT GURIKADU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1722.
60. JNANAVATHI,
W/O SHANTHIRAJA KADAMBA,
AGED ABOUT 72 YEARS,
R/AT KOYYUR HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1837.
61. YAMUNA,
W/O KORAGAPPA SHETTY,
AGED ABOUT 68 YEARS,
R/AT KANALU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2522.
62. SHIVAPRASAD,
S/O DHARNAPPA GOWDA,
AGED ABOUT 42 YEARS,
R/AT ALEKKI HOUSE,
- 15 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2576.
63. SUJITH KUMAR,
S/O LATE MAHABALA SHETTY,
AGED ABOUT 35 YEARS,
R/AT MUGERODY HOUSE,
KANIYOORU VILLAGE,
BELTHANGADY TALUK,
D. K DISTRICT. 574 217.
MEMBERSHIP NO.2135.
64. RAMANNA,
S/O SESAPPA GOWDA,
AGED ABOUT 55 YEARS,
R/AT KINYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2246.
65. NAVITHA,
W/O YASHAVANTH GOWDA,
AGED ABOUT 45 YEARS,
R/AT POORYAALA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2482.
66. JAGADEESHA,
S/O BABU GOWDA,
AGED ABOUT 29 YEARS,
R/AT HARPALA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2569.
- 16 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
67. VARIJA,
W/O SHEKHARA,
AGED ABOUT 54 YEARS,
R/AT POORYALA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2650.
68. VINOD KUMAR,
S/O DEEKAYYA POOJARY,
AGED ABOUT 29 YEARS,
R/AT BARAMELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2658.
69. SADANANDA,
S/O SANJEEVA GOWDA
AGED ABOUT 29 YEARS,
R/AT ADENKILOTTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2660.
70. HARINAKSHI,
W/O UMESH ACHARYA,
AGED ABOUT 47 YEARS,
R/AT GANESH NILAYA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2662.
71. KARUNAKARA RAI,
S/O THIMMANNA RAI,
AGED ABOUT 58 YEARS,
PANCHASHREE NILAYA HOUSE,
- 17 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2788.
72. RATHNAVATHI,
W/O RAMAPPA POOJARY,
AGED ABOUT 71 YEARS,
R/AT BAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2800.
73. NARAYANA BHAT,
S/O KRISHNA BHAT,
AGED ABOUT 70 YEARS,
R/AT KEREHITHLU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.602.
74. ANANTHA KRISHNA,
S/O CHANDRAYYA ACHARYA,
AGED ABOUT 52 YEARS,
R/AT KODYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1212.
75. SHEENAPPA GOWDA,
S/O ANNU GOWDA,
AGED ABOUT 55 YEARS,
R/AT ADARSHA NAGARA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1285.
- 18 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
76. VASANTHA,
S/O SANJEEVA ACHARYA,
AGED ABOUT 55 YEARS,
R/AT KODYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1461.
77. DHANAJAYA,
S/O SANJEEVA ACHARYA,
AGED ABOUT 43 YEARS,
R/AT KODYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1463.
78. RATHNA,
W/O SANJEEVA ACHARYA,
AGED ABOUT 80 YEARS,
R/AT KODYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1467.
79. POOVANI GOWDA,
S/O GURUVA GOWDA,
AGED ABOUT 70 YEARS,
R/AT KEREHITLU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1824.
80. DEEKAYYA GOWDA,
S/O AMUNI GOWDA,
AGED ABOUT 55 YEARS,
R/AT MAINDAKODI HOUSE,
- 19 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2551.
81. PREMA,
W/O KESHAVA,
AGED ABOUT 53 YEARS,
R/AT MAINDAKODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2573.
82. THIMMAPPA,
S/O MONTA GOWDA,
AGEDE ABOUT 65 YEARS
R/AT DENTHYAARU BOTTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2044.
83. HAREESHA,
S/O ANNI GOWDA,
AGED ABOUT 35 YEARS
R/AT KONKADADDA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2314.
84. YASHODHA,
W/O LINGA GOWDA
AGED ABOUT 43 YEARS,
R/AT SAMPAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2402.
- 20 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
85. PUNITH KUMAR,
S/O KUSHALAPPA GOWDA,
AGED ABOUT 35 YEARS,
R/AT SHANTIDADI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2422.
86. GUNAVATHI,
W/O VASANTHA,
AGED ABOUT 50 YEARS,
R/AT KODYELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2525.
87. LOKAYYA GOWDA,
S/O NONDA GOWDA,
AGED ABOUT 65 YEARS,
R/AT MAINDAKODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2736.
88. SHEENAPPA GOWDA,
S/O BOGRA GOWDA,
AGED ABOUT 68 YEARS,
R/AT BAJILA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2533.
89. T. JANARDHANA GOWDA,
S/O VASANTHA GOWDA,
AGEDE ABOUT 67 YEARS,
R/AT SHREE NILAYA , THOTA HOUSE,
- 21 -
NC: 2025:KHC:5099
WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2091.
90. HAREESH B,
S/O SHEENAPPA GOWDA,
AGED ABOUT 40 YEARS,
R/AT BAJILA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2113.
91. MADHAVA GOWDA,
S/O NEELAPPA GOWDA,
AGED ABOUT 28 YEARS,
R/AT NELYALKE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2176.
92. YAMUNA,
W/O BALAKRISHNA,
AGED ABOUT 40 YEARS,
R/AT PAMBELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2186.
93. JAYARAMA,
S/O THIMMAPPA GOWDA,
AGED ABOUT 35 YEARS,
R/AT UGRODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2245.
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WP No. 1527 of 2025
94. JANARDHANA GOUDA,
S/O POOVAPPA GOWDA,
AGED ABOUT 37 YEARS,
R/AT UMIYA DARKHAS HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2250.
95. KUSUMA @ NALINI,
W/O CHANDRA GOWDA,
AGED ABOUT 49 YEARS,
R/AT BAJILA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2412.
96. DINESH,
S/O THIMMAPPA GOWDA,
AGED ABOUT 37 YEARS,
R/AT UGRODY HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2564.
97. VANI .K,
W/O GANGADHARA BHAT,
AGED ABOUT 48 YEARS,
R/AT KORIYARU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2565.
98. JAGANNATH,
S/O SOMAPPA GOWDA,
AGED ABOUT 34 YEARS,
R/AT BERKE DARKHAS HOUSE,
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WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2628.
99. VASANTHI,
W/O KOOSAPPA POOJARY,
AGED ABOUT 52 YEARS,
R/AT BAJILA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1351.
100. KAMALA,
W/O GANGAYYA GOWDA,
AGED ABOUT 76 YEARS,
R/AT DELODY HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1507.
101. GEETHA,
W/O CHANDAPPA GOWDA,
AGED ABOUT 44 YEARS,
R/AT CHAITHRA NILAYA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1546.
102. KRISHNAPPA POOJARY,
S/O TUMANI POOJARY,
AGED ABOUT 65 YEARS,
R/AT SANTHYODI HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1573.
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WP No. 1527 of 2025
103. SHIVAPPA,
S/O VENKATAPPA,
AGED ABOUT 70 YEARS,
R/AT BAJILA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1734.
104. YAMUNA,
W/O SOMAPPA GOWDA,
AGED ABOUT 58 YEARS,
R/AT BERKE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1792.
105. NEELAYYA,
S/O SESAPPA GOWDA,
AGED ABOUT 52 YEARS,
R/AT ADYAALU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1868.
106. PERNU GOUDA,
S/O RUKMAYYA GOWDA,
AGED ABOUT 75 YEARS,
R/AT BELDE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.214.
107. SAVITHA P BHAT K,
W/O PRAKASH BHAT,
AGED ABOUT 50 YEARS,
R/AT KALLADKA HOUSE,
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NC: 2025:KHC:5099
WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1459.
108. KESHAVA B,
S/O JARAPPA GOWDA,
AGED ABOUT 45 YEARS,
R/AT BAKIDANDA HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1530.
109. KESHAVA GOUDA,
S/O SHIVAPPA,
AGED ABOUT 50 YEARS,
R/AT KELAGINA UGRODY HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.1873.
110. RAJESH ACHARYA,
S/O SANJEEVA ACHARYA,
AGED ABOUT 75 YEARS,
R/AT ADARSHA NAGARA,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2145.
111. HARISHCHANDRA,
S/O THIMMAPPA GOWDA,
AGED ABOUT 35 YEARS,
R/AT DENTHYARUBETTU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2414.
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WP No. 1527 of 2025
112. CHANDAPPA GOUDA,
S/O VENKAPPA GOWDA,
AGED ABOUT 52 YEARS,
R/AT NAGANODY HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2532.
113. LALITHA,
W/O DOMBAYYA,
AGED ABOUT 35 YEARS,
R/AT KADAMMAJE HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2639.
114. BHAVYA,
W/O SHEKHARA GOUDA,
AGED ABOUT YEARS,
R/AT NAGANODY HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2697.
115. BALAKRISHNA,
S/O KARIYA
AGED ABOUT 32 YEARS,
R/AT PAMBELU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2712.
116. DIVAKARA ACHARYA,
S/O SANJEEVA ACHARYA,
AGED ABOUT 37 YEARS,
R/AT BAJILA HOUSE,
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WP No. 1527 of 2025
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2738.
117. PUSHPA,
W/O DHARNAPPA GOWDA,
AGED ABOUT 43 YEARS,
R/AT KELAGINA KORYARU HOUSE,
KOYYURU VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2763.
118. KAMALA,
W/O ISHWARA GOWDA,
AGED ABOUT 70 YEARS,
R/AT KAJEKODY HOUSE,
KOYYUR VILLAGE, BELTHANGADY TALUK,
D.K DISTRICT - 574 214.
MEMBERSHIP NO.2786.
THE PETITIONER AGED ABOUT 60 YEARS DO NOT
CLAIM THE BENEFIT OF SENIOR CITIZEN
...PETITIONERS
(BY SRI. SHETTY DEEPAK., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO OPERATION,
M S BUILDING, BANGALORE - 560 001.
REP BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, TTMC 'A' BLOCK, K H ROAD,
SHANTHINAGAR,
BANGALORE - 560 027.
REP BY ITS SECRETARY.
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WP No. 1527 of 2025
3. KOYYOOR PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIETY LTD,
A SOCIETY REGISTERED UNDER KARNATAKA
CO-OPERATIVE SOCIETIES ACT 1959,
KOYOOR VILLAGE,
BELTHANGADY TALUK,
DAKSHNINA KANNADA DISTRICT - 574 214.
REP BY ITS CEO.
4. THE RETURNING OFFICER,
KOYYORU PRIMARY AGRICULTURAL CRIDIT
CO-OPERATIVE SOCIETY LTD,
KOYYOOR VILLAGE,
BELTHANGADY TALUK,
D K DISTRICT - 574 214.
...RESPONDENTS
(BY SRI.YOGESH D.NAIK., AGA FOR R-1 AND R-4;
SRI.T.L.KIRAN KUMAR., ADV. FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE DISQUALIFIED / INELIGIBLE VOTERS LIST OF
MEMBERS FOR THE ELECTION HELD TO R-3 UNION
SCHEDULED ON 25.01.2025 SO FAR AS PETITIONERS ARE
CONCERN, THE COPY OF WHICH HAS BEEN PRODUCED AT
ANNX-B AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
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WP No. 1527 of 2025
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.3-Society, which was scheduled
to be held on 25.01.2025.
2. This Court, by way of interim arrangement on
22.01.2025, permitted the petitioners to cast their votes in
the ensuing elections scheduled to be held on 25.01.2025
to the Board of Directors of respondent No.3-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:
- 30 -
NC: 2025:KHC:5099
"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.
- 32 -
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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;
- 33 -
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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
- 34 -
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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
- 35 -
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(c) all the delegates of the member societies with
right to vote in respect of a federal and an
apex society.
(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;
(c) date and time for scrutiny 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."
- 36 -
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5. The case of the petitioners is that the
petitioners have paid all membership/share holders due to
respondent No.3-Society and attended the annual general
body meetings whenever they have received notice from
respondent No.3-Society, in spite of which respondent
No.3-society has dropped the petitioners from the eligible
voters list and the provisions of Rule 13-D of KCS Rules,
1960 is overlooked by respondent No.3-society.
6. 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:
ILR 2024 KAR 1901
- 37 -
NC: 2025:KHC:5099
"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?
(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)
7. 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
- 38 -
NC: 2025:KHC:5099
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
(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:
- 39 -
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(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
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."
8. Section 70 of the KCS Act, 1959 reads as
under:
"70. Disputes which may be referred to
Registrar for decision.-(1) Notwithstanding
- 40 -
NC: 2025:KHC:5099
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
(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.
- 41 -
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(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
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
- 42 -
NC: 2025:KHC:5099
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
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"
9. 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
- 43 -
NC: 2025:KHC:5099
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
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 25.01.2025 to the Board of
Directors of respondent No.3-Society and shall
announce the results.
ii. Liberty is reserved to the petitioners or any
aggrieved party to raise objections to the validity
- 44 -
NC: 2025:KHC:5099
of the electoral by filing a 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.3-
Society.
iv. All the contentions of the parties are kept open.
v. This Court has not expressed merits and demerits
on eligibility or ineligibility of the voters list.
vi. With the said observations, the writ petition
stands disposed of.
Sd/-
JUSTICE K.S. HEMALEKHA
AMA
