Karnataka High Court

Mahadevaiah vs The State Of Karnataka on 5 February, 2025

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                                                         WP No. 1859 of 2025




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH DAY OF FEBRUARY, 2025

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                             WRIT PETITION NO.1859 OF 2025 (CS-EL/M)


                      BETWEEN:

                      1.     MAHADEVAIAH
                             S/O. DODAIAH
                             AGED ABOUT 50 YEARS
                             SAHRE NO.6906

                      2.     RAMEGOWDA.C
                             S/O. CHANNEGOWDA
                             AGED ABOUT 46 YEARS
                             SHARE NO.7383

                      3.     GOWRAMMA
                             W/O NANJAYYA
Digitally signed by          AGED ABOUT 52 YEARS
MAHALAKSHMI B M              SHARE NO.7431
Location: HIGH
COURT OF
KARNATAKA             4.     SIDDAJAH
                             S/O. PARANGI SIDDAIAH
                             AGED ABOUT 61 YEARS
                             SHARE NO.8171

                      5.     KUMARA
                             S/O. MADAPPA
                             AGED ABOUT 58 YEARS
                             SHARE NO.5836
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6.    MARISIDDEGOWDA
      S/O. CHIKKANNA
      AGED ABOUT 65 YEARS
      SHARE NO.6351

7.    NINGEGOWDA
      S/O. THIBBEGOWDA A
      GED ABOUT 65 YEARS
      SHARE NO.5841

8.    MUDDEGOWDA
      S/O. LAXMEGOWDA
      AGED ABOUT 62 YEARS
      SHARE NO.2621

9.    CHIKKAPUTTEGOWDA
      S/O. LAXMEGOWDA
      AGED ABOUT 60 YEARS
      SHARE NO.2963

10.   MARISWAMIGOWDA K
      S/O. KEMPEGOWDA
      AGED ABOUT 70 YEARS
      SHARE NO.3801

11.   SIVANNA
      S/O. PUTTALINGEGOWDA
      AGED ABOUT 64 YEARS
      SHARE NO.5794

12.   KHADAR S A
      S/O. SHEK IMAMA SAB
      AGED ABOUT 61 YEARS
      SHARE NO.2880
      MANDYA DISTRICT-571438
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13.   CHIKAMARIGOWDA
      S/O. CHIKASIDDEGOWDA
      AGED ABOUT 61 YEARS
      SHARE NO.1702

14.   SIDDARAMEGOWDA
      S/O. CHIKKASIDDEGOWDA
      AGED ABOUT 67 YEARS
      SHARE NO.2440

15.   KANNEGOWDA
      S/O. DASEGOWDA
      GED ABOUT 68 YEARS
      SHARE NO.5873

16.   KAMALAMMA
      W/O. JAVAREGOWDA
      AGED ABOUT 70 YEARS
      SHARE NO.6575

17.   SIDDAPPA
      S/O. BASAVARAJAPPA
      AGED ABOUT 55 YEARS
      SHARE NO.6878

18.   VENKATAIAH
      S/O. VENKATAIAH
      AGED ABOUT 61 YEARS
      SHARE NO.6890

19.   BANDIGAIAH
      S/O. PITRAYYA
      AGED ABOUT 71 YEARS
      SHARE NO. 1851
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20.   RAMAMMA
      W/O. KARIGOWDA
      AGED ABOUT 68 YEARS
      SHARE NO.6917

21.   DEVRAJ B Y
      S/O. BORAIAH A
      GED ABOUT 59 YEARS
      SHARE NO.7535

22.   RAMESH
      S/O VENKATARAMANE GOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.7290

23.   SHIVARAM.D
      S/O CHANNEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1315

24.   BALAKRISHNA P
      S/O PUTTARAMEGOWDA P C
      AGED ABOUT 45 YEARS
      SHARE NO. 1348

25.   CHANDRASHEKARA P V
      S/O VENKATARAMANAIAH
      AGED ABOUT 45 YEARS
      SHARE NO.1603

26.   GOVINDA T
      S/O KARITIMMEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1964
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27.   NARAYANA
      S/O HANUMAIAH
      AGED ABOUT 45 YEARS
      SHARE NO.4903

28.   MANCHEGOWDA
      S/O LXMAIAH
      AGED ABOUT 45 YEARS
      SHARE NO.7147

29.   JAYARAMU
      S/O NINGAPPA A
      GED ABOUT 45 YEARS
      SHARE NO.4426

30.   JAYADEVAMMA
      W/O JAYARAM P.D
      AGED ABOUT 45 YEARS
      SHARE NO.5430

31.   JAYARAM P.D
      S/O DEVEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5377

32.   BALAKUMARI
      S/O JAYARAM
      AGED ABOUT 45 YEARS
      SHARE NO.7557

33.   BOORAPPA
      S/O KRISHANAPPA
      AGED ABOUT 45 YEARS
      SHARE NO.0620
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34.   CHANDRASHEKAR P.S
      S/O SHINGREGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1093

35.   LOKESH P.S
      S/O SHINGREGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1100

36.   SHANKAR P.M
      S/O MARIYAPPA.G
      AGED ABOUT 45 YEARS
      SHARE NO.1155

37.   SHRIKANTU
      S/O BOOREGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1284

38.   MANJUNATH P.N
      S/O NARASHIMAIAH
      AGED ABOUT 45 YEARS
      SHARE NO.1413

39.   BOOREGOWDA
      S/O BORAIAH
      AGED ABOUT 45 YEARS
      SHARE NO. 4772

40.   SURENDRA R
      S/O RAAMEGOWDA D
      AGED ABOUT 45 YEARS
      SHARE NO.4904
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41.   BALARAAMU
      S/O ALADHAHALLI THIMAPPA
      AGED ABOUT 45 YEARS
      SHARE NO.7155

42.   KRISHNA S
      S/O SINGRIGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.4467

43.   CHANNEGOWDA K
      S/O DAANEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5385

44.   NAGESH P.D
      S/O DAASEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5795

45.   VIJAYENDRA D
      S/O DANEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.4838

46.   LAXMINARAYANA
      S/O GEERIGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1431

47.   PREMA
      W/O BETTEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.1710
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48.   BASAVARAAJU
      S/O PUTTASWAMY
      AGED ABOUT 45 YEARS
      SHARE NO.4731

49.   NARAYANA
      S/O GIRIGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.4763

50.   NAGARAJU C.M
      S/O MALLEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.4797

51.   KRISHNEGOWDA
      S/O CHIKKANNA
      AGED ABOUT 45 YEARS
      SHARE NO.4868

52.   MAHESH C
      S/O CHIKKANNA A
      GED ABOUT 45 YEARS
      SHARE NO.5331

53.   KUMAR D
      S/O DODDATAMMEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5459

54.   SARASWATAMMA
      W/O VENKATARAMANASHETTY
      AGED ABOUT 50 YEARS
      SHARE NO.5593
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55.   ANITHA
      W/O PUTTEGOWDA M
      AGED ABOUT 40 YEARS
      SHARE NO.5790

56.   HOYSALARAAJU
      S/O KRISHEGOWDA
      AGED ABOUT 65 YEARS
      SHARE NO.6285

57.   SUBBEGOWDA
      S/O KEMPEGOWDA
      AGED ABOUT 70 YEARS
      SHARE NO.7980

58.   NAGANNA
      S/O BASAVEGOWDA
      AGED ABOUT 50 YEARS
      SHARE NO.0670

59.   PRAKASH C
      S/O CHIKKANNA
      AGED ABOUT 54 YEARS
      SHARE NO.5341

60.   NINGAMMA
      S/O HUCCHEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.7024

61.   K.M SOMASHEKARA
      S/O MAHALINGEGOWDA
      AGED ABOUT 55 YEARS
      SHARE NO.6969
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62.   INDIRA B.C
      W/O SHANKARA K.J
      AGED ABOUT 40 YEARS
      SHARE NO.1027

63.   SOMASHEKAR K.C
      S/O CHAMUNDEGOWDA
      AGED ABOUT 62 YEARS
      SHARE NO.3643

64.   SHIVANNA
      S/O BOOJAYYA
      AGED ABOUT 55 YEARS
      SHARE NO.6982

65.   SOMASHEKAR N.K
      S/O KALEGOWDA
      AGED ABOUT 62 YEARS
      SHARE NO.0645

66.   DAKSHINAMURTHI K
      S/O KALEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.0994

67.   KALEGOWDA
      S/O KARIGOWDA
      AGED ABOUT 53 YEARS
      SHARE NO.1813

68.   PRAKASH N.D
      S/O DAASEGOWDA N.T
      AGED ABOUT 58 YEARS
      SHARE NO.4569
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69.   DEVEGOWDA N.K
      S/O KAEGOWDA
      AGED ABOUT 49 YEARS
      SHARE NO.5980

70.   PARTHASARATHI N.M
      S/O MAAYIGOWDA N.M
      AGED ABOUT 49 YEARS
      SHARE NO.6016

71.   THANDAVAMURTY
      S/O R.CHALUVACHAR
      AGED ABOUT 54 YEARS
      SHARE NO.6359

72.   KUMAR N.K
      S/O KALEGOWDA
      AGED ABOUT 47 YEARS
      SHARE NO.6937

73.   RAAJU S
      S/O SIDDEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.7936

74.   NAYARANA K.G
      S/O GOPAALAGOWDA B.C
      AGED ABOUT 52 YEARS
      SHARE NO.5356

75.   LOKESH B.K
      S/O KEMPEGOWDA
      AGED ABOUT 43 YEARS
      SHARE NO.1801
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76.   NINGEGOWDA C
      S/O CHIKKABOREGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.2738

77.   JAGADISH B.N
      S/O NARASHIMEGOWDA
      AGED ABOUT 55 YEARS
      SHARE NO.3473

78.   KRISHNEGOWDA
      S/O KENCHEGOWDA
      AGED ABOUT 50 YEARS
      SHARE NO.3614

79.   BETTEGOWDA B.C
      S/O CHALUVEGOWDA
      AGED ABOUT 58 YEARS
      SHARE NO.4193

80.   SUVARNA B.S
      W/O PADMANABHA B.N
      AGED ABOUT 39 YEARS
      SHARE NO.4570

81.   CHALUVARAAJU
      S/O CHALUVEGOWDA
      AGED ABOUT 49 YEARS
      SHARE NO.4574

82.   DEVARAJ
      S/O SANNEGOWDA
      AGED ABOUT 51 YEARS
      SHARE NO.4719
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83.   CHETHAN G.L
      S/O LAXMEGOWDA
      AGED ABOUT 38 YEARS
      SHARE NO.4747

84.   SHRINIVAS S
      S/O SINGEGOWDA
      AGED ABOUT 42 YEARS
      SHARE NO.4765

85.   KRISHNAMURTY B.C
      S/O CHALUVEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5243

86.   JAYARAMU B
      S/O BOREGOWDA
      AGED ABOUT 48 YEARS
      SHARE NO.5246

87.   BASAVALINGEGOWDA
      S/O BOREGOWDA
      AGED ABOUT 58 YEARS
      SHARE NO.5254

88.   KUMAR B
      S/O BELTEGOWDA
      AGED ABOUT 40 YEARS
      SHARE NO.5255

89.   SHANKARA
      S/O BOREGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5256
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90.   ALAMELAMMA
      W/O SHANKREGOWDA
      AGED ABOUT 50 YEARS
      SHARE NO.5330

91.   LOKESHA B.C
      S/O CHALUVEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5389

92.   HEMANTHKUMAR
      S/O SHIVALINGEGOWDA
      AGED ABOUT 40 YEARS
      SHARE NO.5435

93.   LOKESH B.C
      S/O CHALUVEGOWDA
      AGED ABOUT 49 YEARS
      SHARE NO.5479

94.   SARASAMMA B.N
      W/O NARASIMHEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.5582

95.   JAVAREGOWDA
      S/O CHALUVEGOWDA
      AGED ABOUT 55 YEARS
      SHARE NO.5583

96.   B.D RAJANIKANTHE
      S/O DANANJAYA
      AGED ABOUT 43 YEARS
      SHARE NO.6784
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97.   SOMASHEKARA S.N
      S/O CHIKKANINGEGOWDA
      AGED ABOUT 55 YEARS
      SHARE NO.1788

98.   RAAMEGOWDA
      S/O MALLEGOWDA
      AGED ABOUT 51 YEARS
      SHARE NO.6924

99.   S.P DEVARAJU
      S/O PUTTAMALLEGOWDA
      AGED ABOUT 45 YEARS
      SHARE NO.6927

100. KUMARI
     S/O KALEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.7727

101. GOWRAMMA
     W/O CHANDRU
     AGED ABOUT 50 YEARS
     SHARE NO.5812

102. RAMACHANDRU B.S
     S/O SANNENARAYA B.C
     AGED ABOUT 49 YEARS
     SHARE NO.6044

103. CHIKKATHIMMEGOWDA B.S
     S/O SANNEGOWDA
     AGED ABOUT 53 YEARS
     SHARE NO.5910
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104. CHALUVARAJU B.H
     S/O HANUMEGOWDA
     AGED ABOUT 52 YEARS
     SHARE NO.6033

105. LEELA S.N
     W/O BOMMANNI
     AGED ABOUT 70 YEARS
     SHARE NO.5261

106. SHRIDARA T
     S/O TAMMAYYA
     AGED ABOUT 55 YEARS
     SHARE NO.5476

107. RUKMINI
     W/O TAMMAYYA
     AGED ABOUT 55 YEARS
     SHARE NO.4718

108. BETTEGOWDA K
     S/O HARIHARA GOWDA
     AGED ABOUT 55 YEARS
     SHARE NO.4655

109. MALLARAAJU
     S/O MANNEGOWDA
     AGED ABOUT 42 YEARS
     SHARE NO.7169

110. MALLESH
     S/O KEMPEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.7630
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111. NARENDRA S
     S/O SHETTYGOWDA
     AGED ABOUT 75 YEARS
     SHARE NO.0608

112. PADMANABHA B.N
     S/O NARASIMHEGOWDA B.M
     AGED ABOUT 69 YEARS
     SHARE NO.925

113. MARIGOWDA
     S/O PUTTASWAMYGOWDA
     AGED ABOUT 51 YEARS
     SHARE NO.3222

114. SIDDEGOWDA S
     S/O BHANGEGOWDA
     AGED ABOUT 68 YEARS
     SHARE NO.1176

115. NINGEGOWDA K.N
     S/O NANJEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.5340

116. CHANNEGOWDA
     S/O CHIKKACHANNAYYA
     AGED ABOUT 36 YEARS
     SHARE NO.7299

117. ANANDA K.N
     S/O NAGARAJ K.S
     AGED ABOUT 42 YEARS
     SHARE NO.7922
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118. LOKESH K.N
     S/O NAGARAJ K.S
     AGED ABOUT 45 YEARS
     SHARE NO.7923

119. NARASIMHEGOWDA N
     S/O BOREGOWDA
     AGED ABOUT 72 YEARS
     SHARE NO.0660

120. SHIVANNA S
     S/O NANJEGOWDA
     AGED ABOUT 43 YEARS
     SHARE NO.7180

121. RAVIKUMAR N.S
     S/O SIDDEGOWDA
     AGED ABOUT 48 YEARS
     SHARE NO.7657

122. SUCHITRA H.C
     S/O NAGENDRAPRASAD R
     AGED ABOUT 45 YEARS
     SHARE NO.7865

123. PREMA
     W/O DEVARAJU
     AGED ABOUT 45 YEARS
     SHARE NO.4720

124. LATHAMANI N.K
     W/O RAMESH B.T
     AGED ABOUT 56 YEARS
     SHARE NO.4381
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125. CHANDRASHEKARA
     S/O CHIKKANNA
     AGED ABOUT 58 YEARS
     SHARE NO.4867

126. CHALUVARAJU C.N
     S/O NARASEGOWDA
     AGED ABOUT 51 YEARS
     SHARE NO.5468

127. MAHALAXMI B.H
     W/O SHANKAREGOWDA
     AGED ABOUT 58 YEARS
     SHARE NO.2899

128. SHANKREGOWDA
     S/O BASAVEGOWDA
     AGED ABOUT 80 YEARS
     SHARE NO 0669

129. PUTTASWAMI C R
     S/O RAMEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.7773

130. CHANDRASHEKARA K M
     S/O MAHADEVAGOWDA
     AGED ABOUT 62 YEARS
     SHARE NO.4700

131. NARAYANA KG
     S/O B C GOPALAGOWDA
     AGED ABOUT 45 YEARS.
     SHARE NO.5356
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132. VISHALAXMAMMA
     W/O CHALUVEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.4358

133. CHAWDEGOWDA
     S/O CHAVDWGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.3486

134. CHANDREGOWDA M C
     S/O CHALUVEGOWDA
     AGED ABOUT 82 YEARS
     SHARE NO.0006

135. PURUSHOTTAMA
     S/O NINGEGOWDA
     AGED ABOUT 65 YEARS
     SHARE NO.1752

136. CHIKKABOREGOWDA
     S/O GAVISIDDEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.3000

137. RAGHU M K
     S/O KRISHNEGOWDA
     AGED ABOUT 51 YEARS
     SHARE NO.3761

138. UMESH T
     S/O TIRAPEGOWDA
     AGED ABOUT 54 YEARS
     SHARE NO.3768
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139. YASHODAMMA
     W/O TIRAPEGOWDA
     AGED ABOUT 55 YEARS
     SHARE NO.3769

140. BASAVARAJU M S
     S/O SIDDEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.6011

141. M B SHIVAKUMAR
     S/O K BOREGOWDA
     AGED ABOUT 55 YEARS
     SHARE NO.6946

142. PUTTALINGAMMA
     W/O KALAYYA
     AGED ABOUT 45 YEARS
     SHARE NO.7217

143. NAGESH H B
     S/O BALACHANDRA H M
     AGED ABOUT 63 YEARS
     SHARE NO.1400

144. JAVAREGOWDA H M
     S/O MAGEGOWDA
     AGED ABOUT 67 YEARS
     SHARE NO.3237

145. JAYARAMU H E
     S/O EREGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.4523
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146. PAPACHARI C R
     S/O BORACHARI
     AGED ABOUT 51 YEARS
     SHARE NO.5896

147. SHIVARAM HD
     S/O DODDALINGEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.6232

148. NINGEGOWDA M
     S/O MARAVEGOWDA
     AGED ABOUT 32 YEARS
     SHARE NO.7469

149. SHANTAMMA
     S/O JAVAREGOWDA
     AGED ABOUT 36 YEARS
     SHARE NO.7516

150. MAHESH H B
     S/O BALACHANDRA H M
     AGED ABOUT 69 YEARS
     SHARE NO.1404

151. DEVARAJ
     S/O SANNEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.3987

152. SUSHILA
     W/O PAPACHARI
     AGED ABOUT 40 YEARS
     SHARE NO.5844
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153. KEMPEGOWDA B
     S/O BOREGOWDA
     AGED ABOUT 60 YEARS
     SHARE NO.3607

154. KRISHNA B
     S/O BETTEGOWDA
     AGED ABOUT 64 YEARS
     SHARE NO.3677

155. ADARSH M
     S/O MARIGOWDA
     AGED ABOUT 30 YEARS
     SHARE NO.5753

156. SUMITRAMMA
     S/O MARIGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.5754

157. KENCHEGOWDA D
     S/O DYAVARSEGOWDA
     AGED ABOUT 71 YEARS
     SHARE NO.2288

158. CHIKKONU
     S/O MALLAYYA K
     AGED ABOUT 54 YEARS
     SHARE NO.3024

159. SHANKAREGOWDA
     S/O BOREGOWDA
     AGED ABOUT 68 YEARS
     SHARE NO.1198
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160. NAGESHGOWDA
     S/O BETTAYYA T
     AGED ABOUT 45 YEARS
     SHARE NO.3676

161. BETTEGOWDA T
     S/O NARASEGOEDA
     AGED ABOUT 69 YEARS
     SHARE NO.0185

162. CHANDRASHEKARA K M
     S/O MARIGOWDA C
     AGED ABOUT 50 YEARS
     SHARE NO.3984

163. VENKATA SHETTY
     S/O NANJUNDE SHETTY
     AGED ABOUT 57 YEARS
     SHARE NO.1939

164. MADHUMALATHI G K
     W/O VASANTA
     AGED ABOUT 38 YEARS
     SHARE NO.5457

165. SHIVARAM
     S/O BORALINGAYYA
     AGED ABOUT 45 YEARS
     SHARE NO.6008

166. VENKATESH N
     S/O NINGAYYA
     AGED ABOUT 45 YEARS
     SHARE NO.3641
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167. NINGEGOWDA
     S/O NINGEGOWDA
     AGED ABOUT 46 YEARS
     SHARE NO.5322

168. NINGEGOWDA
     S/O CHIKACHOWDEGOWDA
     AGED ABOUT 36 YEARS
     SHARE NO.7453

169. PRASANNAKUMAR M J
     S/O JAYARAMA T
     AGED ABOUT 51 YEARS
     SHARE NO.3796

170. MAHENDRA
     S/O BORAYYA
     AGED ABOUT 54 YEARS
     SHARE NO.3840

171. SATISH M K
     S/O KRISHNEGOWDA
     AGED ABOUT 45 YEARS
     SHARC NO.3874

172. NATARAJU
     S/O CHIKKABOREGOWDA
     AGED ABOUT 39 YEARS
     SHARE NO.6295

173. SAVITRAMMA
     S/O K BOREGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.6945
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174. DINESH M K
     S/O KARIGOWDA
     AGED ABOUT 32 YEARS
     SHARE NO.7307

175. GOWRAMMA
     S/O JAVARIGOWDA
     AGED ABOUT 30 YEARS
     SHARE NO.7681

176. RAVIKUMAR K B
     S/O BETTEGOWDA
     AGED ABOUT 45 YEARS
     SHARE NO.5957

177. MANJESH
     S/O DEEVAYYA
     AGED ABOUT 45 YEARS
     SHARE NO.7554

178. NINGAMMA
     S/O DYAVA
     AGED ABOUT 48 YEARS
     SHARE NO.4997

179. KRISHNA
     S/O KARIEGOWDA
     AGED ABOUT 54 YEARS
     SHARE NO.3050

180. KRISHNEGOWDA M C
     S/O CHWDEGOWDA
     AGED ABOUT 71 YEARS
     SHARE NO.0924
                            - 27 -
                                      NC: 2025:KHC:5288
                                    WP No. 1859 of 2025




181. SHIVANNA C
     S/O CHAWDEGOWDA
     AGED ABOUT 68 YEARS
     SHARE NO.1079

182. CHAMUNDAIAH
     S/O. CHIKKA KUNTAYYA
     AGED ABOUT 55 YEARS
     SHARE NO.0941

183. SIDDEGOWDA
     S/O. CHIKKASIDDEGOWDA
     AGED ABOUT 52 YEARS
     SHARE NO.6895

184. DEVARAJ
     S/O CHALUVEGOWDA
     AGED ABOUT 48 YEARS
     SHARE NO.1277.

       ALL ARE MEMBERS OF
       PRIMARY CO-OPERATIVE AGRICULTURE AND
       RURAL DEVELOPMENT BANK LTD,
       SRIRANGAPATTANA,
       SRIRANGAPATTANA TALUK,
       MANDYA DISTRICT-571 438
                                         ...PETITIONERS
(BY SRI. SANDESH T.B., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     DEPARTMENT OF CO-OPERATION,
     M.S BUILDING,
     DR. B.R. AMBEDKAR VEEDHI,
     BENGALURU-560 001.
                          - 28 -
                                       NC: 2025:KHC:5288
                                     WP No. 1859 of 2025




     REPRESENTED BY ITS PRINCIPAL SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR,
     TTMC 'A' BLOCK,
     K.H.ROAD,
     SHANTINAGAR,
     BANGALORE-560 027.

     REPRESENTED BY ITS SECRETARY.

3.   THE JOINT REGISTRAR OF
     CO-OPERATIVE SOCIETIES
     MYSURU SUB-DIVISION,
     MYSURU DISTRICT-570 001.

4.   THE DEPUTY REGISTRAR
     OF CO-OPERATIVE SOCIETIES
     MANDYA SUB-DIVISION,
     MANDYA DISTRICT-571 401.

5.   CHIEF EXECUTIVE OFFICER.
     SRIRANGAPATTANA TALUK PRIMARY
     CO-OPERATIVE AGRICULTURE AND RURAL
     DEVELOPMENT BANK LTD,
     SRIRANGAPATTANA,
     SRIRANGAPATTANA TALUK,
     MANDYA DISTRICT-571 438.

     (SOCIETY REGISTERED UNDER THE
     KARNATAKA CO-OPERATIVE
     SOCIETIES ACT-1959)

6.   RETURNING OFFICER
     SRIRANGAPATTANA TALUK
                           - 29 -
                                       NC: 2025:KHC:5288
                                    WP No. 1859 of 2025




    PRIMARY CO-OPERATIVE AGRICULTURE
    AND RURAL DEVELOPMENT BANK LTD,
    SRIRANGAPATTANA,
    SRIRANGAPATTANA TALUK,
    MANDYA DISTRICT-571 438.

    (SOCIETY REGISTERED UNDER THE
    KARNATAKA CO-OPERATIVE
    SOCIETIES ACT-1959)
                                         ...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3, R4 & R6;
   SRI. T. DADAKHALANDAR, ADVOCATE FOR R5;
   SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2)


     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2

TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE

ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO

VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED

TO BE HELD ON 25.01.2025 AND ETC.


     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE K.S. HEMALEKHA
                              - 30 -
                                            NC: 2025:KHC:5288
                                         WP No. 1859 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.5-Society, which was scheduled

to be held on 25.01.2025.

2. This Court, by way of interim arrangement on

24.01.2025, 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.5-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:

- 31 -

NC: 2025:KHC:5288

"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.-

- 32 -

NC: 2025:KHC:5288

(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.

- 33 -

NC: 2025:KHC:5288

(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;

- 34 -

NC: 2025:KHC:5288

(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

- 35 -

NC: 2025:KHC:5288

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

- 36 -

NC: 2025:KHC:5288

(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."

- 37 -

NC: 2025:KHC:5288

5. The case of the petitioners is that the

petitioners have paid all membership/share holders due to

respondent No.5-Society and attended all the annual

general body meetings, in spite of which respondent No.5-

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.5-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

- 38 -

NC: 2025:KHC:5288

"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

- 39 -

NC: 2025:KHC:5288

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.

(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:

- 40 -

NC: 2025:KHC:5288

(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

- 41 -

NC: 2025:KHC:5288

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.

- 42 -

NC: 2025:KHC:5288

(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

- 43 -

NC: 2025:KHC:5288

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

- 44 -

NC: 2025:KHC:5288

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.5-Society and shall

announce the results.

ii. Liberty is reserved to the petitioners or any

aggrieved party to raise objections to the validity

- 45 -

NC: 2025:KHC:5288

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.5-

Society.