Karnataka High Court
Sri Pampapati S/O Narayanappa ... vs The State Of Karnataka on 13 February, 2025
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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WA No. 100081 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 100081 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI PAMPAPATI S/O. NARAYANAPPA ARALIKATTI,
AGE: 61 YEARS, OCC: AGRICULTURE, R/O.
DOTIHAL,TQ: KUSTAGI,
DIST: KOPPAL-583278
2. NARAYANAPPA S/O. VEERUPAKSHAPPA KOLLI
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O. DOTIHAL, TQ: KUSHTAGI,
Digitally signed DIST: KOPPAL-583278.
by
SHAKAMBARI
3. SHAKRAPPA S/O. RAMANNA VADDARA.
Location: High
Court of AGE: 39 YEARS, OCC: AGRICULTURE, R/O.
Karnataka, DOTIHAL,TQ: KUSHTAGI,
Dharwad Bench
DIST: KOPPAL-583278.
4. HANAMANTAPPA S/O. BASAPPA GANAKI,
AGE:46 YEARS, OCC: AGRICULTURE,
R/O. WARD NO.2, SHUKAMUNI MATHA,
NEAR NEKARA ONI, DOTIHAL,
TQ: KUSTAGI,
DIST: KOPPAL-583278.
5. NAGARAJ S/O. SHANKRAPPA MALAGI,
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WA No. 100081 of 2025
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O. WARD NO. 2, DOTIHAL,
TQ: KUSTAGI, DIST: KOPPAL 583278.
6. NAGARAJ S/O. VEERABHADRAPPA KALAGI,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. MARUTI NAGAR, WARD NO.3 DOTIHAL,
TQ: KUSTAGI, DIST: KOPPAL-583278.
7. SRINIVAS S/O. VITHTHAPPA KANTLI,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O WARD NO.3, DOTIHAL,
TQ: KUSTAGI, DIST: KOPPAL 583278
...APPELLANTS
(BY SRI. H. M. DHARIGOND AND
SRI. A. B. PATIL, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S.BUILDING,
AMBEDKAR VEEDHI, BENGALURU-560001
2. THE STATE CO OPERATIVE ELECTION AUTHORITY,
REP. BY ITS COMMISSIONER,
3RD FLOOR, SHATI NAGAR,
TTMC 'A' BLOCK, BENGALURU-560027
3. DISTRICT ELECTION OFFICER AND
THE DEPUTY REGISTRAR OF CO-OP SOCIETIES,
KOPAL, DIST: KOPPAL 583231
4. THE RETURNING OFFICER
KAIMAGGA NEKAARA SAHAKARI UTPADAKA
MATTU MAARAATA SANGHA NI, DOTIHAL,
TQ: KUSHTAGI, DIST: KOPPAL-583278
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WA No. 100081 of 2025
5. KAIMAGGA NEKAARA SAHAKAR UTPADAKA
MATTU MAARAATA SANGHA NI, DOTIHAL
TQ. KUSHTAGI, DIST. KOPPAL-583278
R/BY ITS SECRETARY
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, ADDITIONAL
GOVERNMENT ADVOCATE FOR R1 AND R3)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DTD. 05/02/2025, PASSED BY THE LEARNED SINGLE
JUDGE IN WRIT PETITION NO. 100787/2025 BY ALLOWING
THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, COURT DELIVERED THE JUDGMENT THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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WA No. 100081 of 2025
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The appellants are the petitioners in WP No.
100787/2025, and they have called in question in the writ
Court's interim order dated 05.02.2025. The writ Court,
while considering the petitioner's request for interim order
"to contest election and cast vote in the elections scheduled to
be held on 16.02.2025 to the Committee of the Management of
the fifth respondent" has rejected the request by reason
which reads as under:
"Having heard learned counsel for
the petitioners. There is no dispute as
regards the names of the petitioners
having been deleted from the list of
eligible voters. The aspect of whether the
deletion is made properly or not would
have to be considered by this Court after
hearing all the parties. In that view of the
matter, I am of the considered opinion that
no right could be conferred on the
petitioners to contest the elections since if
so permitted, the same would result in a
situation which cannot be reversed,
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thereby pre judging the matter before
hearing the parties, in that view of the
matter, the interim prayer sought for is
rejected."
Sri.H.M.Dharigond, the learned counsel for the
appellants, submits that the aforesaid order is only because
the appellants were insisting on the right to contest elections
along with the right vote, but this Court may consider
granting relief to the appellants in the light of the fact that
the appellants will confine their request to cast vote in the
upcoming elections subject to the terms as is stipulated by a
Coordinate Bench of this Court in WA No.100602/2024
while considering whether a member who is excluded from
the eligible voters list must be permitted to vote subject to
the outcome of the pending appeal. The order of the
Coordinate Bench in such appeal reads as under:
"Appellants' have filed an
application as per I.A.No.3/2024 seeking
direction to the Returning Officer to
permit them to cast their vote in the
election to be held on 08.12.2024.
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Pending consideration of this Writ Appeal
on merits, Returning Officer is hereby
directed to permit the appellants to cast
their vote. The Returning Officer shall
arrange a separate ballot box to enable
the appellants to cast their vote, and the
said ballot box shall be sealed and kept
separately.
The Returning Officer is free to
declare the election results without
considering the votes of the appellants.
The consideration of the votes cast
by the appellants is subject to further
orders in this appeal."
This request is considered calling upon Sri.Praveen K.
Uppar, the learned Additional Government Advocate to take
notice for the first and the third respondents while
dispensing with notice to the other respondents.
This Court does not find a irreversible consequence if
the appellants are permitted to cast votes on the terms as
stipulated in the WA No.100602/2024. In the light of the
afore, the appeal stands disposed of leaving open all the
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questions to be decided in the writ petition, but directing the
forth respondent [the Returning Officer] to permit the
appellants to cast vote arranging a separate Ballot Box for
the appellants and to keep such Ballot Box sealed
separately. It is also clarified that the Returning Officer will
be free to declare the results without considering the votes of
the appellants.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
PJ/Ct-VG
