Karnataka High Court

T B Ibrahim vs The State Of Karnataka on 4 February, 2025

                                           -1-
                                                      NC: 2025:KHC:5103
                                                   WP No. 1977 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. 1977 OF 2025 (CS-EL/M)
                 BETWEEN:
                 1.  T B IBRAHIM,
                     S/O ABDULLAT B,
                     AGED ABOUT 48 YEARS,
                     MEMBERSHIP NO. 2374.

                 2.     FRANCIS MINEZES
                        S/O JOHN MINEZES,
                        AGED ABOUT 60 YEARS,
                        MEMBERSHIP NO. 2829.

                 3.     UMARABBA,
                        S/O HASANBSA,
                        AGED ABOUT 55 YEARS,
                        MEMBERSHIP NO. 2834.
Digitally signed by
MAHALAKSHMI B M 4.      DEEKAYYA GOWDA,
Location: HIGH
COURT OF                S/O LINGAPPA,
KARNATAKA               AGED ABOUT 50 YEARS,
                        MEMBERSHIP NO. 2390.

                 5.     RAMESH,
                        S/O PURALA,
                        AGED ABOUT 50 YEARS,
                        MEMBERSHIP NO. 2397.

                 6.     MAHAMMAD,
                        S/O ISMAIL,
                          -2-
                                 NC: 2025:KHC:5103
                               WP No. 1977 of 2025




      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2411.

7.    JAMES,
      S/O VJ DEVASYA,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2415.

8.    ZAKARIYA,
      S/O MAMMUDIN,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2427.

9.    ABDUL RAHIMAN,
      S/O SULAIMAN,
      AGED ABOUT 49 YEARS,
      MEMBERSHIP NO. 2434.

10.   AISAMMA,
      S/O ABBAS,
      AGED ABOUT 55 YEARS,
      MEMBERSHIP NO. 2476.

11.   SHAMBU D,
      S/O MUTHARA,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2489.

12.   MOHAMMAD,
      S/O IBRAHIM,
      AGED ABOUT 49 YEARS,
      MEMBERSHIP NO. 2493.

13.   SANDEEP PK,
      W/O KURIYAN,
                          -3-
                                 NC: 2025:KHC:5103
                               WP No. 1977 of 2025




      AGED ABOUT 48 YEARS,
      MEMBERSHIP NO. 2505.

14.   MOHAMMAD,
      S/O MUSTHAF USMAN,
      AGED ABOUT 47 YEARS,
      MEMBERSHIP NO. 2513.

15.   JUBAIDA,
      W/O HASAN,
      AGED ABOUT 43 YEARS,
      MEMBERSHIP NO. 2537.

16.   LOHITHA,
      S/O CHARMBA,
      AGED ABOUT 49 YEARS,
      MEMBERSHIP NO. 2583.

17.   KASEEM B,
      S/O HASANOBBA,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2585.

18.   RATHI K,
      S/O KORGAPPA,
      AGED ABOUT 53 YEARS,
      MEMBERSHIP NO. 2607.

19.   NIRMALA,
      S D/O SUBHRAMANYA,
      AGED ABOUT 55 YEARS,
      MEMBERSHIP NO. 2616.

20.   SEETHAMMA,
      W/O THYAMPA,
                          -4-
                                 NC: 2025:KHC:5103
                               WP No. 1977 of 2025




      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2623.

21.   SATHYA,
      S/O ABDUL KHADAR,
      AGED ABOUT 55 YEARS,
      MEMBERSHIP NO. 2691.

22.   SHARIF,
      W/O USMAN,
      AGED ABOUT 55 YEARS,
      MEMBERSHIP NO. 2704.

23.   LOHITHASHWA,
      S/O SOORAPPA,
      AGED ABOUT 55 YEARS,
      MEMBERSHIP NO. 2709.

24.   PREMA,
      W/O RAMACHANDRA,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2712.

25.   MATHEW K C,
      5/0 CHERIYAN,
      AGED ABOUT 53 YEARS,
      MEMBERSHIP NO. 2725.

26.   P J SABASTINE,
      S/O JOSEPH P K,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2731.

27.   M J MANI,
      S/O JOSEPH V M,
                          -5-
                                 NC: 2025:KHC:5103
                               WP No. 1977 of 2025




      AGED ABOUT 51 YEARS,
      MEMBERSHIP NO. 2740.

28.   VINCENT,
      S/O THOMAS,
      AGED ABOUT 55 YEARS,
      MEMBERSHIP NO. 2741.

29.   SRIDHARA SHABARAYA,
      S/O PADMANABHA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 2781.

30.   DAMODARA,
      S/O KURIHAPPA,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2796.

31.   SURESH,
      S/O CHANDRASHEKAR,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 2359.

32.   INDIRA,
      S/O SURESH,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2345.

33.   RUKIYA,
      D/O MOHAMMAD RAFIK,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 2370.

34.   JANAKI,
      D/O ANGARA,
                          -6-
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                               WP No. 1977 of 2025




      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1867.

35.   HARIPRASAD,
      S/O VISHNU,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 1950.

36.   HAIDAR,
      S/O USMAN,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 1954.

37.   UMMAR M K,
      5/O AHAMAD,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 1981.

38.   SUSHEELA,
      S/O ELYANNA,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2009.

39.   VJ MATHAY,
      S/O JOSEPH V S,
      AGED ABOUT 57 YEARS,
      MEMBERSHIP NO. 2026.

40.   SUCHITHRA V,
      W/O VISHWANATH,
      AGED ABOUT 56 YEARS,
      MEMBERSHIP NO. 2050.

41.   ASIYA,
      S/O MOIDU KUNHI,
                          -7-
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                                  WP No. 1977 of 2025




      AGED ABOUT 56 YEARS,
      MEMBERSHIP NO. 2054.

42.   PARDU,
      S/O BABU HARIYAN,
      AGED ABOUT 56 YEARS,
      MEMBERSHIP NO. 2063.

43.   SUBRAHMANYA UPPARNA,
      S/O ANANTHARAMA UPPARANA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 2084.

44.   SAJEESH,
      S/O P Y MANI,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2100.

45.   ANNAMMA,
      W/O JOSEPH C M,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2123.

46.   SURESH,
      S/O HONNAPPA,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2156.

47.   RADHA RAJU,
      W/O RAJU,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2157.

48.   JAYAPRAKASH,
      S/O KRISHNA,
                          -8-
                                 NC: 2025:KHC:5103
                               WP No. 1977 of 2025




      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2178.

49.   CHANDRAVATHI,
      W/O DEEGAYYA,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2181.

50.   USMAN,
      S/O AHAMAD,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 2182.

51.   RONALD,
      S/O JARAN,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2202.

52.   M UMAROBBA,
      S/O ABOOBAKKAR,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2211.

53.   ABDUL KHADAR,
      S/O ABBAS,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 2220.

54.   SAIMAN C M,
      S/O MATHAI C J,
      AGED ABOUT 56 YEARS,
      MEMBERSHIP NO. 2225.

55.   ADAM,
      S/O ISMAIL,
                          -9-
                                 NC: 2025:KHC:5103
                               WP No. 1977 of 2025




      AGED ABOUT 56 YEARS,
      MEMBERSHIP NO. 2249.

56.   ALIAMMA,
      S/O AHAMAD,
      AGED ABOUT 65 YEARS,
      MEMBERSHIP NO. 2259.

57.   VISHWANATH,
      S/O CHARAMBA,
      AGED ABOUT 63 YEARS,
      MEMBERSHIP NO. 2282.

58.   GUNAVATHI,
      D/O KORAGAPPA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 2298.

59.   RATNA,
      D/O CHANDAPPA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 2319.

60.   ROOPA,
      S/O SUDHAKARA,
      AGED ABOUT 40 YEARS,
      MEMBERSHIP NO. 2320.

61.   RAGHUCHANDRA,
      S/O RAMAKRISHNA,
      AGED ABOUT 75 YEARS,
      MEMBERSHIP NO. 466.

62.   AKKU,
      D/O BORA GOWDA,
                          - 10 -
                                    NC: 2025:KHC:5103
                                  WP No. 1977 of 2025




      AGED ABOUT 75 YEARS,
      MEMBERSHIP NO. 658.

63.   MOHAMMAD,
      5/O ABDUL RAHIMAN,
      AGED ABOUT 74 YEARS,
      MEMBERSHIP NO. 926.

64.   VENKATARAMANA UPPARNA,
      5/0 NARAYANA UPPARNA,
      AGED ABOUT 63 YEARS,
      MEMBERSHIP NO. 820.

65.   VISHWANATHA,
      S/O PAKIRAPPA,
      AGED ABOUT 70 YEARS,
      MEMBERSHIP NO. 829.

66.   MATRA,
      S/O MAILA,
      AGED ABOUT 70 YEARS,
      MEMBERSHIP NO. 874.

67.   KORAGAPPA,
      S/O NONYYA,
      AGED ABOUT 62 YEARS,
      MEMBERSHIP NO. 1053.

68.   ROJA,
      W/O KODANGE,
      AGED ABOUT 62 YEARS,
      MEMBERSHIP NO. 1075.

69.   PADMAYYA GOWDA,
      S/O VEERAPPA GOWDA,
                          - 11 -
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                                    WP No. 1977 of 2025




      AGED ABOUT 62 YEARS,
      MEMBERSHIP NO. 1083.

70.   SUBRAMANYA SHABARAYA,
      5/0 VENKATARAMAN SHABARAYA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1284.

71.   LATHA SHABARAYA,
      S/O TRIVIKRAMA SHABARAYA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1290.

72.   SEETHARAMA,
      S/O BABU GOWDA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1297.

73.   BABU KORAGAPPA,
      S/O GURUVA,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1353.

74.   SHAINU,
      W/O MATHAI P Y,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1359.

75.   JESSY,
      W/O BABY K D,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1377.

76.   HAMEED,
      S/O SULAIMAN,
                          - 12 -
                                    NC: 2025:KHC:5103
                                  WP No. 1977 of 2025




      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 1417.

77.   JOSEPH SEBASTIAN,
      S/O SEBASTIAN,
      AGED ABOUT 57 YEARS,
      MEMBERSHIP NO. 1496.

78.   SHEKARA SHETTY,
      S/O SOMAPPA SHETTY,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 1603.

79.   JAMALUDDIN,
      S/O MOIDUKUNHI,
      AGED ABOUT 50 YEARS,
      MEMBERSHIP NO. 1701.

80.   ALEEMA,
      D/O ABDUL KHADAR,
      AGED ABOUT 59 YEARS,
      MEMBERSHIP NO. 1704.

81.   NITHYANANDA,
      S/O THYAMPA GOWDA,
      AGED ABOUT 62 YEARS,
      MEMBERSHIP NO. 1722.

82.   ELIYAMMA K E,
      5/O M J JOSEPH,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1731.

83.   LALITHA H R,
      D/O RAMACHANDRA,
                          - 13 -
                                    NC: 2025:KHC:5103
                                  WP No. 1977 of 2025




      AGED ABOUT 65 YEARS,
      MEMBERSHIP NO. 1779.

84.   SHIVAPRASAD,
      S/O MOHANDAS,
      AGED ABOUT 50 YEARS,
      MERNBERSHIP NO. 1808.

85.   IBRAHIM,
      S/O ISMAIL,
      AGED ABOUT 57 YEARS,
      MEMBERSHIP NO. 1843.

86.   BABU,
      S/O BODHA,
      AGED ABOUT 58 YEARS,
      MEMBERSHIP NO. 1859.

87.   VARGEES A V,
      S/O VARGEES A C,
      AGED ABOUT 78 YEARS,
      MEMBERSHIP NO. 454.

88.   SHESHAPPA SALIYAN,
      S/O SUBBANNA SALIYAN,
      AGED ABOUT 68 YEARS,
      MEMBERSHIP NO. 332.

89.   JANAKI,
      W/O SHESHAPPA SALIYAN,
      AGED ABOUT 60 YEARS,
      MEMBERSHIP NO. 1117.

90.   JOSE JOSEPH,
      S/O JOSEPH,
                          - 14 -
                                    NC: 2025:KHC:5103
                                  WP No. 1977 of 2025




      AGED ABOUT 36 YEARS,
      MEMBERSHIP NO. 2867.

91.   MERI,
      S/O JOSEPH,
      AGED ABOUT 30 YEARS,
      MEMBERSHIP NO. 2871.

92.   ABHILASH K I,
      S/O ISAQ K P,
      AGED ABOUT 30 YEARS,
      MEMBERSHIP NO. 2884.

93.   AJAY ISAQ,
      5/0 ISAQ K P,
      AGED ABOUT 28 YEARS,
      MEMBERSHIP NO. 2885.

94.   ANURAJ K I,
      S/O K P ISAQ,
      AGED ABOUT 26 YEARS,
      MEMBERSHIP NO. 2887.

95.   SUNDARI,
      W/O ANNI GOWDA,
      AGED ABOUT 56 YEARS,
      MEMBERSHIP NO. 2907.

96.   BIPATHUMA,
      S/O MUNBYARI,
      GED ABOUT 60 YEARS,
      MEMBERSHIP NO. 2934.

97.   KURICHAN,
      S/O CHANDI,
                           - 15 -
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                                   WP No. 1977 of 2025




      AGED ABOUT 40 YEARS,
      MEMBERSHIP NO. 2949.

98.   RAJU P,
      S/O MANCHA,
      AGED ABOUT 35 YEARS,
      MEMBERSHIP NO. 2965.

99.   KUNJYA,
      S/O PERNA,
      AGED ABOUT 36 YEARS,
      MEMBERSHIP NO. 2972.

100. LOKESH,
     S/O CHOMA,
     AGED ABOUT 30 YEARS,
     MEMBERSHIP NO. 2973.

101. RAJU,
     S/O CHARMA,
      AGED ABOUT 38 YEARS,
      MEMBERSHIP NO. 2992.

102. SONAL KUMAR C M,
     S/O MATHEW C M,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3020.

103. SANNI VERGIES,
     S/O A V VERGIES,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3021.

104. ANANTHESHA UPARNA,
     S/O SUBRAMANYA,
                         - 16 -
                                   NC: 2025:KHC:5103
                                 WP No. 1977 of 2025




     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3059.

105. VIJAYA KUMAR M D,
     S/O PARAMESHWARA,
     AGED ABOUT 36 YEARS,
     MEMBERSHIP NO. 3074.

106. ASHRAF N,
     5/O ISMAIL N,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3075.

107. VENKATARAMANA AMMANAYA,
     S/O SHESHAPPA A,
     AGED ABOUT 56 YEARS,
     MEMBERSHIP NO. 3087.

108. STANY PORTHADO,
     S/O ALPHONSE,
     AGED ABOUT 55 YEARS,
     MEMBERSHIP NO. 3094.

109. ABDUL KARIM C,
     S/O ISMAIL,
     AGED ABOUT 50 YEARS,
     MEMBERSHIP NO. 3095.

110. SUNIL MENEGES,
     S/O ALBERT,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3110.

111. SHALINI,
     W/O SHANTHAPPA,
                          - 17 -
                                    NC: 2025:KHC:5103
                                  WP No. 1977 of 2025




     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3139.

112. SARAMMA,
     W/O PUTTUKAKA,
     AGED ABOUT 55 YEARS,
     MEMBERSHIP NO. 3182.

113. DULIKA,
     W/O ABDULA,
     AGED ABOUT 56 YEARS,
     MEMBERSHIP NO. 3183.

114. PARSHWANTH JAIN,
     S/O MANJAPPAYYA,
     AGED ABOUT 60 YEARS,
     MEMBERSHIP NO. 3186.

115. VIJAYA,
     W/O RAMA GOWDA,
     AGED ABOUT 34 YEARS,
     MEMBERSHIP NO. 3200.

116. RAJESH,
     S/O KORAGAPPA GOWDA,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3201.

117. SANTHOSH P K,
     S/O KURIYACHAN P Y,
     AGED ABOUT 30 YEARS,
     MEMBERSHIP NO. 3286.

118. SHIVAPRASAD,
     S/O VASUDEV BHAT,
                         - 18 -
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                                 WP No. 1977 of 2025




     AGED ABOUT 30 YEARS,
     MEMBERSHIP NO. 3388.

119. YASIR,
     S/O ABBS,
     AGED ABOUT 30 YEARS,
     MEMBERSHIP NO. 3394.

120. DOMBAYYA GOWDA,
     S/O KOTI GOWDA,
     AGED ABOUT 64 YEARS,
     MEMBERSHIP NO. 1065.

121. VENKAPPA GOWDA,
     5/O KORAGA GOWDA,
     AGED ABOUT 66 YEARS,
     MEMBERSHIP NO. 933.

122. KESHAVA GOWDA,
     S/O SUBBAPPA GOWDA,
     AGED ABOUT 56 YEARS,
     MEMBERSHIP NO. 1994.

123. GIRIJA,
     W/O BHOOPA GOWDA,
     AGED ABOUT 50 YEARS,
     MEMBERSHIP NO. 3543.

124. VASANTHA GOWDA K,
     S/O BHOOPA GOWDA,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3544.

125. JANAKI,
     W/O HOVAYYA GOWDA,
                         - 19 -
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                                 WP No. 1977 of 2025




     AGED ABOUT 60 YEARS,
     MEMBERSHIP NO. 3547.

126. SADASHIVA SHETTY,
     S/O SANJEEVA SHETTY,
     AGED ABOUT 56 YEARS,
     MEMBERSHIP NO. 1790.

127. ANNU GOWDA,
     S/O MAILA GOWDA,
     AGED ABOUT 55 YEARS,
     MERNBERSHIP NO. 2568.

128. VASANTHA,
     S/O SESAPPA KUMBARA,
     AGED ABOUT 38 YEARS,
     MEMBERSHIP NO. 3118.

129. NAYANA GOWDA,
     S/O MAILA GOWDA,
     AGED ABOUT 53 YEARS,
     MEMBERSHIP NO. 1822.

130. KANJAMMA,
     W/O IBRAHIM,
     AGED ABOUT 55 YEARS,
     MEMBERSHIP NO. 2789.

131. MAHAMMAD,
     S/O YUSUF,
     AGED ABOUT 38 YEARS,
     MEMBERSHIP NO. 2921.

132. HIRIYAMMA,
     W/O ANNU GOWDA,
                         - 20 -
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                                 WP No. 1977 of 2025




     AGED ABOUT 60 YEARS,
     MEMBERSHIP NO. 2038.

133. AMEENA,
     W/O MAIDEEN BYARI,
     AGED ABOUT 62 YEARS,
     MEMBERSHIP NO. 3489.

134. YUSUF,
     134. YUSUF P,
     S/O ABBAS BYARI,
     AGED ABOUT 66 YEARS,
     MEMBERSHIP NO. 484.

135. MAHAMMAD SHAREEF,
     S/O USMAN,
     AGED ABOUT 37 YEARS,
     MEMBERSHIP NO. 2459.

136. LATHEEF,
     S/O MAIDEEN BYARI,
     AGED ABOUT 37 YEARS,
     MEMBERSHIP. NO. 2339.

137. MAHAMMAD ANUS,
     S/O ABDUL KUNHI,
     AGED ABOUT 44 YEARS,
     MEMBERSHIP NO. 2340.

138. MAHAMMAD ARIS,
     S/O USMAN,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 2716.

139. HANIYA,
     S/O KALALA,
                         - 21 -
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                                 WP No. 1977 of 2025




     AGED ABOUT 65 YEARS,
     MEMBERSHIP NO. 1219.

140. NANAYYA,
     S/O KUTTITHA,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3162.

141. ADAM BYARI,
     S/O SOOFI BYARI,
     AGED ABOUT 68 YEARS,
     MERNBERSHIP NO. 1525.

142. CHOMA,
     S/O KALALA MERA,
     AGED ABOUT 42 YEARS,
     MEMBERSHIP NO. 1890.

143. GOJA,
     S/O KALALA MERA,
     AGED ABOUT 58 YEARS,
     MEMBERSHIP NO. 1895.

144. JAYANTHA,
     S/O KALALA,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3042.

145. KALALA MUGERA,
     S/O DAYYA MUGERA,
     AGED ABOUT 71 YEARS,
     MEMBERSHIP NO. 566.

146. ZAKARIYA,
     S/O MAHAMMAD,
     AGED ABOUT 39 YEARS,
                         - 22 -
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                                 WP No. 1977 of 2025




     MEMBERSHIP NO. 3592.

147. DIVYA,
     W/O LAKSHMANA K,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3623.

148. LAKSHAMANA GOWDA,
     5/0 DOMBAYYA GOWDA,
     AGED ABOUT 44 YEARS,
     MEMBERSHIP NO. 3624.

149. DINESH,
     S/0 THIMMAPPA GOWDA,
     AGED ABOUT 41 YEARS,
     MEMBERSHIP NO. 3421.

150. MOHAMMED,
     S/O KARIM,
     AGED ABOUT 34 YEARS,
     MEMBERSHIP NO. 3783.

151. KAMALAVATHI,
     W/O PASHWANATH JAIN,
     AGED ABOUT 50 YEARS,
     MEMBERSHIP NO. 3187.

152. VEENASHRI,
     W/O CHARAN,
     AGED ABOUT 32 YEARS,
     MEMBERSHIP NO. 3218.

153. SANJAY G,
     S/O MATHAY P Y,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3398.
                         - 23 -
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                                 WP No. 1977 of 2025




154. JUBER,
     S/O ABBAS,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3399.

155. JAY P M,
     S/O MATHAY,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3401.

156. MOHAMMED C H,
     S/O UPSAKUNJI,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3432.

157. VINCENT C S,
     S/O JOSEPH C S,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3439.

158. SMITHA THOMAS,
     W/O THOMAS POWL,
     AGED ABOUT 32 YEARS,
     MEMBERSHIP NO. 3499.

159. NAWAZ,
     S/O UMMERABA,
     AGED ABOUT 30 YEARS,
     MEMBERSHIP NO. 3518.

160. JYOTHI LATHA LOBO,
     W/O MATHAIS LOBO,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3536.
                         - 24 -
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                                 WP No. 1977 of 2025




161. AVVAMMA P,
     W/O UMMER P M,
     AGED ABOUT 45 YEARS,
      MEMBERSHIP NO. 3560.

162. UMMER P M,
     S/O MAHAMMED O H,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3567.

163. ABDULLA,
     S/O AHMED BYARI,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3570.

164. SUJAY,
     S/O LAKSHMANA GOWDA,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3625.

165. YASHODA,
     W/O THIMMAPPA GOWDA,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3626.

166. NAZIR B,
     S/O IBRAHIM,
     AGED ABOUT 35 YEARS,
      MEMBERSHIP NO. 3634.

167. THOMAS K V,
     S/O VERGIES,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3640.
                         - 25 -
                                   NC: 2025:KHC:5103
                                 WP No. 1977 of 2025




168. ARUN T T,
     S/O TOMITG,
     AGED ABOUT 36 YEARS,
     MEMBERSHIP NO. 3660.

169. VIJAYA K S,
     S/O SOMAN K S,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3682.

170. YELIYAMMA,
     W/O KURIYAN MATHAI,
     AGED ABOUT 59 YEARS,
     MEMBERSHIP NO. 3708.

171. MAMATHA,
     W/O RAJESH D,
     AGED ABOUT 39 YEARS,
     MEMBERSHIP NO. 3716.

172. SELIN D'SOUZA,
     S/O THOMAS MASCARENHAS,
     AGED ABOUT 48 YEARS,
     MEMBERSHIP NO. 3720.

173. ROSLIN RODRIGES,
     S/O JOSEPH PAIES,
     AGED ABOUT 46 YEARS,
     MEMBERSHIP NO. 3727.

174. JANAKI,
     W/O SUNDARA,
     AGED ABOUT 59 YEARS,
     MEMBERSHIP NO. 3741.
                         - 26 -
                                    NC: 2025:KHC:5103
                                  WP No. 1977 of 2025




175. JAINABI,
     S/O ABBAS BYARI,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3743.

176. ZEENATH,
     S/O AZIZ KUNJI,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3746.

177. ALIMAMMA
     W/O ISUBU BYARI AGED ABOUT 45 YEARS
     MEMBERSHIP NO. 3760

178. VANITHA,
     W/O CHANDRASHEKAR,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3767.

179. SHELDON LOYD PAIS,
     S/O LAWRENCE PIECE,
     AGED ABOUT 39 YEARS,
     MEMBERSHIP NO. 3774.

180. BHAVANI AMMA B V,
     W/O B VENKATARAMANA BHAT,
     AGED ABOUT 82 YEARS,
     MEMBERSHIP NO. 181.

181. SOMA KUMBARA,
     S/O NOT KNOWN,
     AGED ABOUT 60 YEARS,
     MEMBERSHIP NO. 2218.
                         - 27 -
                                   NC: 2025:KHC:5103
                                 WP No. 1977 of 2025




182. LOKESHA,
     S/O SOMA KUMBARA,
     AGED ABOUT 33 YEARS,
     MEMBERSHIP NO. 2759.

183. P A ABDULLA LATHIF,
     S/O ABDUL RAHIMAN,
     AGED ABOUT 35 YEARS,
     MEMBERSHIP NO. 3537.

184. VIMALA,
     W/O SUNDARA DAS,
     AGED ABOUT 65 YEARS,
     MEMBERSHIP NO. 2817.

185. DAYANANDA DAS,
     S/O SUNDARA DAS,
     AGED ABOUT 32 YEARS,
     MEMBERSHIP NO. 3040.

186. ZAREENA,
     W/O NASIR,
     AGED ABOUT 30 YEARS,
     MEMBERSHIP NO. 3490.

187. P P PHILOMINA,
     W/O THOMAS P J,
     AGED ABOUT 57 YEARS,
     MEMBERSHIP NO. 1613.

188. SHILPA THOMAS,
     D/O THOMAS P J,
     AGED ABOUT 29 YEARS,
     MEMBERSHIP NO. 3064.
                         - 28 -
                                   NC: 2025:KHC:5103
                                 WP No. 1977 of 2025




189. PUSHPAVATHI,
     W/O JARAPPA GOWDA,
     AGED ABOUT 65 YEARS,
     MEMBERSHIP NO. 767.

190. BABU GOWDA,
     S/O SHANKARA GOWDA,
     AGED ABOUT 70 YEARS,
     MEMBERSHIP NO. 519.

191. ABOOBAKKAR,
     S/O USMAN,
     AGED ABOUT 58 YEARS,
     MEMBERSHIP NO. 968.

192. REKHA K G,
     W/O THIMMAPPA,
      AGED ABOUT 39 YEARS,
     MEMBERSHIP NO. 3451.

193. MAMATHA,
     W/O RAMESHA,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 3010.

194. SHEENAPPA GOWDA,
     S/O MANJAPPA GOWDA,
     AGED ABOUT 60 YEARS,
     MEMBERSHIP NO. 2309.

195. UMANA GOWDA,
     S/O MANJAPPA GOWDA,
     AGED ABOUT 58 YEARS,
     MEMBERSHIP NO. 1977.
                         - 29 -
                                   NC: 2025:KHC:5103
                                 WP No. 1977 of 2025




196. VISHWANATHA GOWDA,
     S/O SESA GOWDA,
     AGED ABOUT 40 YEARS,
     MEMBERSHIP NO. 2936.

197. K GOVINDA BHAT,
     S/0 SHANKARA BHAT,
     AGED ABOUT 70 YEARS,
     MEMBERSHIP NO. 1816.

198. SHEKHARA SHETTY,
     S/O SOMAPPA SHETTY,
     AGED ABOUT 55 YEARS,
     MEMBERSHIP NO. 1603.

199. INDIRA M S SHETTY,
     W/O SHEKHAR SHETTY,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 1907.

200. GUNAVATHI,
     W/O KORAGAPPA SHETTY,
     AGED ABOUT 52 YEARS,
     MEMBERSHIP NO. 2298.

201. RATHI K,
     W/O KORAGAPPA SHETTY,
     AGED ABOUT 51 YEARS,
     MEMBERSHIP NO. 2607.

202. MAHAMMAD ASHRAF,
     S/O HUSSAIN,
     AGED ABOUT 47 YEARS,
     MEMBERSHIP NO. 3778.
                          - 30 -
                                         NC: 2025:KHC:5103
                                     WP No. 1977 of 2025




203. RAHAMATH,
     W/O MOHAMMED ASHRAF,
     AGED ABOUT 41 YEARS,
     MEMBERSHIP NO. 3790.

204. NEELAYYA,
     S/O HONNAPPA GOWDA,
     AGED ABOUT 52 YEARS,
     MEMBERSHIP NO. 1659.

205. RUKMINI,
     W/O NEELAYA GOWDA,
     AGED ABOUT 45 YEARS,
     MEMBERSHIP NO. 3225.

206. VIJAYA,
     W/O HARISH NAIK,
     AGED ABOUT 59 YEARS,
     MEMBERSHIP NO. 2752.

     ALL ARE MEMBERS OF KOKKADA PRIMARY
     AGRICULTURAL CREDIT CO-OPERATIVE
     SOCIETY LTD.,
     A SOCIETY REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959.
     KOKKADA VILLAGE, BELTHANGADY TALUK,
     DAKSHINA KANNADA DISTRICT - 574 198.
     (THE PETITIONERS AGED ABOVE 60 YEARS DO NOT
     CLAIM THE BENEFIT OF SENIOR CITIZEN)
                                         ...PETITIONERS
(BY SRI. RAKSHITH KUMAR.,ADVOCATE)

AND:
 1. THE STATE OF KARNATAKA,
    DEPARTMENT OF CO-OPERATION,
    M S BUILDING, BANGALORE - 560 001,
                          - 31 -
                                       NC: 2025:KHC:5103
                                    WP No. 1977 of 2025




     REPRESENTED BY ITS PRINCIPAL SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD,
     SHANTHINAGAR, BANGALORE - 560 027,
     REPRESENTED BY ITS SECRETARY.

3.   KOKKADA PRIMARY AGRICULTURAL CREDIT
     COOPERATIVE SOCIETY LTD.,
     A SOCIETY REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959.
     KOKKADA VILLAGE, BELTHANGADY TALUK
     DAKSHINA KANNADA DISTRICT - 574 198,
     REPRESENTED BY ITS CEO.

4.   THE RETURNING OFFICER,
     KOKKADA PRIMARY AGRICULTURAL CREDIT
     COOPERATIVE SOCIETY LTD.,
     KOKKADA VILLAGE, BELTHANGADY TALUK,
     DAKSHINA KANNADA DISTRICT - 574 198.
                                       ...RESPONDENTS
(BY SRI. SIDHRTH BABU RAO., AGA FOR R1 AND R4;
    SRI. T. L. KIRAN KUMAR., ADVOCATE FOR R2)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE THESE
PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND
PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE
UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS
SCHEDULED TO BE HELD ON 27.01.2025 AND ETC.,

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MRS JUSTICE K.S. HEMALEKHA
                              - 32 -
                                            NC: 2025:KHC:5103
                                         WP No. 1977 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 27.01.2025.

2. This Court, by way of interim arrangement on

25.01.2025, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 27.01.2025

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:

"13-D. Preparation of electoral rolls and calendar of events.-(1) Election Officer shall, after

- 33 -

NC: 2025:KHC:5103

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.-

(i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of

- 34 -

NC: 2025:KHC:5103

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.

(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election

- 35 -

NC: 2025:KHC:5103

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;

(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

- 36 -

NC: 2025:KHC:5103

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 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

- 37 -

NC: 2025:KHC:5103

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

(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in

- 38 -

NC: 2025:KHC:5103

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."

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

ILR 2024 KAR 1901

- 39 -

NC: 2025:KHC:5103

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?

(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)

- 40 -

NC: 2025:KHC:5103

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

(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.

- 41 -

NC: 2025:KHC:5103

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 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.

- 42 -

NC: 2025:KHC:5103

(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

(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

- 43 -

NC: 2025:KHC:5103

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 debtor whether such debt or demand is admitted or not;

- 44 -

NC: 2025:KHC:5103

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

- 45 -

NC: 2025:KHC:5103

(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

- 46 -

NC: 2025:KHC:5103

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 27.01.2025 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

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.