Karnataka High Court

Ramalingachar A V vs The State Of Karnataka on 16 January, 2025

                                                  -1-
                                                           NC: 2025:KHC:1643
                                                         WP No. 257 of 2025




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 16TH DAY OF JANUARY, 2025

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                              WRIT PETITION NO.257 OF 2025 (CS-EL/M)
                      BETWEEN:

                      1.     RAMALINGACHAR A.V.,
                             S/O VEERABRAMHACHAR,
                             AGED ABOUT 72 YEARS,
                             HEALTH INSPECTOR,
                             VIDHYANAGAR,
                             HASSAN-573 201,
                             SHARE NO.158/1.

                      2.     SURESH. S.G,
                             S/O GOPAL GOWDA,
                             AGED ABOUT 36 YEARS,
                             SRI RANGA NILAYA,
                             N.R. EXTENSION,
Digitally signed by          HASSAN-573 201,
MAHALAKSHMI B M              SHARE NO.195/1.
Location: HIGH
COURT OF
KARNATAKA             3.     GOPALAKRISHNA. B.G,
                             S/O GOVINDA B.H.,
                             AGED ABOUT 50 YEARS,
                             SOFTECH COMPUTER ACADEMY,
                             N.R. EXTENSION,
                             HASSAN-573 201,
                             SHARE NO.41/2.

                      4.     SHIVAKUMAR. A.M,
                             S/O MANJUNATH.A.P,
                          -2-
                                      NC: 2025:KHC:1643
                                     WP No. 257 of 2025




     AGED ABOUT 52 YEARS,
     SHIVAKUMAR TRADERS,
     HASANAMBA CIRCLE,
     HASSAN-573201,
     SHARE NO. 398, 5/3

5.   MANJUNATH. H.S,
     S/O SHAMANNA,
     AGED ABOUT 51 YEARS,
     GONSHA AUTO ELECTRICAL,
     B.M. ROAD,
     HASSAN-573201,
     SHARE NO.408, 15/3

6.   HARISH. S,
     S/O SATHYANARAYANA. H.B,
     AGED ABOUT 54 YEARS,
     NO. 3073, YELLAMMA TEMPLE STREET,
     HASSAN-573201,
     SHARE NO. 521, 128/3

7.   PRAVEEN. G.R,
     S/O RAGAVENDRA RAO,
     AGED ABOUT 45 YEARS,
     HOTEL SONMAN, SUBASH SQUARE,
     HASSAN-573 201,
     SHARE NO. 145/8.

8.   JAYAMMA,
     W/O SATHYANARAYANA .H.B,
     AGED ABOUT 43 YEARS,
     3073, YELLAMMA TEMPLE STREET,
     HASSAN-573201,
     SHARE NO.21/9
                            -3-
                                       NC: 2025:KHC:1643
                                      WP No. 257 of 2025




9.    ARVIND KUMAR,
      S/O POOL CHAND JAIN. S.C,
      AGED ABOUT 56 YEARS,
      GANDHI BAZAR,
      HASSAN-573 201,
      SHARE NO.62/9

10.   KOUSALYA,
      W/O UTTAM KUMAR,
      AGED ABOUT 50 YEARS,
      ALANKAR JEWELLER'S,
      GANDHI BAZAR,
      HASSAN-573 201,
      SHARE NO. 63/9.

11.   RAKESH KUMAR,
      S/O POOL CHAND JAIN.S.C,
      AGED ABOUT 51 YEARS,
      ALANKAR JEWELLER'S,
      GANDHI BAZAR,
      HASSAN-573 201,
      SHARE NO.64/9.

12.   RAMACHANDRA. A.P,
      S/O POORVACHAAR,
      AGED ABOUT 58 YEARS,
      SHUBHA GLASS, GANDHI BAZAR,
      HASSAN-573201,
      SHARE NO. 29/10.

13.   SHALINI. H.V
      W/O HARISH. H.S,
      AGED ABOUT 37 YEARS,
      3073, YELLAMMA TEMPLE STREET,
      HASSAN-573201,
                               -4-
                                     NC: 2025:KHC:1643
                                    WP No. 257 of 2025




      SHARE NO. 520, 127/3.

14.   LOKESH,
      S/O BASAVARAJACHAR,
      AGED ABOUT 57 YEARS,
      BANANA MERCHANT,
      YELLAMMA TEMPLE STREET,
      HASSAN-573 201,
      SHARE NO. 173/3

15.   VIMALA,
      W/O LOKESH,
      AGED ABOUT 51 YEARS,
      YELLAMMA TEMPLE STREET,
      HASSAN-573 201,
      SHARE NO.174/3.

16.   SHIVALINGAIAH. M.T,
      S/O LATE THIMMAIAH,
      AGED ABOUT 58 YEARS,
      CITY CO-OPERATIVE BANK,
      DEVARAJ URS MARKET,
      HASSAN-573 201,
      SHARE NO. 26/4.

17.   CHIDHANANDA. H.R,
      S/O RAMAPPA. S.N,
      AGED ABOUT 50 YEARS,
      LAXMI COMPLEX, B.M.ROAD,
      HASSAN-573 201,
      SHARE NO. 38/5

18.   YASHWANTH. H.M,
      S/O MUDLAGIRI,
      AGED ABOUT 51 YEARS,
                            -5-
                                         NC: 2025:KHC:1643
                                        WP No. 257 of 2025




      804, 2ND MAIN, 36TH CROSS,
      K.H.B COLONY,
      NEW BUS STAND ROAD,
      HASSAN-573 201,
      SHARE NO. 44/5.

19.   KHUTHIJA BHANU,
      W/O MOHAMMAD HAZIM,
      AGED ABOUT 80 YEARS,
      BANGLE STREET, MANIYAPPA GALLI,
      HASSAN-573201,
      SHARE NO. 109/9

20.   IRFAAN PASHA,
      S/O MOHAMAD HAZIM,
      AGED ABOUT 50 YEARS,
      BANGLE STREET, MANIYAPPA GALLI,
      HASSAN-573201,
      SHARE NO. 110/9

21.   CHANDRASHEKAR,
      S/O THAMMANNA,
      AGED ABOUT 52 YEARS,
      RANGOLI HALLA,
      HASSAN-573201,
      SHARE NO. 190/9.

22.   MANJUNATHA. N,
      S/O MUNISWAMY,
      AGED ABOUT 52 YEARS,
      304, SAI ADHITHYA,
      3RD MAIN, 7TH CROSS,
      SHANTHI NAGAR,
      HASSAN-573 201,
                            -6-
                                      NC: 2025:KHC:1643
                                     WP No. 257 of 2025




      SHARE NO.98/10.

23.   POORNIMA,
      W/O MANJUNATHA. N,
      AGED ABOUT 44 YEARS,
      304, SAI ADHITHYA, 3RD MAIN,
      7TH CROSS, SHANTHI NAGAR,
      HASSAN-573 201,
      SHARE NO. 99/10.

24.   SUDHARSHAN. H.A,
      S/O ANANTHARAJAIAH,
      AGED ABOUT 62 YEARS,
      DODDA BASTHI ROAD,
      HASSAN-573201,
      SHARE NO. 129/10

25.   FAYAZ AHAMAD. H.K,
      S/O KHALANDAR,
      AGED ABOUT 46 YEARS,
      BHARATH MANZIL,
      V.B. MAIN ROAD,
      HASSAN-573201,
      SHARE NO. 194/5

26.   SHAKEERA BHANU,
      W/O KHALANDAR SAB,
      AGED ABOUT 68 YEARS,
      4310, BHARATH MANZIL,
      V.B. MAIN ROAD,
      HASSAN-573201,
      SHARE NO. 195/5

27.   ATHOULLA BAIG,
      S/O MOHIDDIN BAIG,
                            -7-
                                        NC: 2025:KHC:1643
                                    WP No. 257 of 2025




      AGED ABOUT 69 YEARS,
      3RD CROSS, 3RD MAIN,
      ADHARSHA NAGAR,
      HASSAN-573201,
      SHARE NO.6/6.

28.   VENUGOPAL. H.P,
      S/O PUNDALIK RAO. H.B,
      AGED ABOUT 55 YEARS,
      D.R.K COMPOUND,
      HASSAN-573201,
      SHARE NO.55/6.

29.   PREMALATHA. B,
      W/O VENUGOPAL.H.P,
      AGED ABOUT 50 YEARS,
      D.R.K COMPOUND,
      HASSAN-573201,
      SHARE NO. 57/6.

30.   GIRISH. K. SHETTY,
      S/O KRISHNA. B. SHETTY,
      AGED ABOUT 52 YEARS,
      HOTEL SANTHOSH,
      THANNIRU HALLA,
      B.M.ROAD,
      HASSAN-573201,
      SHARE NO.93/6.

31.   KISHORE KUMAR,
      S/O MANIKCHAND,
      AGED ABOUT 54 YEARS,
      FASHION CENTRE, BUS STAND ROAD,
      HASSAN-573201,
      SHARE NO.17/11.
                          -8-
                                        NC: 2025:KHC:1643
                                    WP No. 257 of 2025




32.   NIRMALA,
      W/O KISHORE KUMAR,
      AGED ABOUT 48 YEARS,
      FASHION CENTRE, BUS STAND ROAD,
      HASSAN-573201,
      SHARE NO.19/11.

33.   RAMESH.T.M,
      S/O MANJUNATH PRASAD. D,
      AGED ABOUT 67 YEARS,
      1443, N.R. EXTENSION,
      HASSAN-573 201,
      SHARE NO. 56/11

34.   CHANDRA MURTHY.H.M,
      S/O MADAPPA,
      AGED ABOUT 60 YEARS,
      C/O CHANNAVEERAPPA,
      N.R. EXTENSION,
      HASSAN-573201,
      SHARE NO.164/11.

35.   GAYATHRI.H.C,
      W/O CHANDRA MURTHY.H.M,
      AGED ABOUT 56 YEARS,
      N.R. EXTENSION,
      HASSAN-573201,
      SHARE NO.165/11.

36.   MAHESHA.H.S,
      S/O SATHYANARAYANA H.B.,
      AGED ABOUT 50 YEARS,
      YELLAMMA TEMPLE STREET,
      HASSAN-573201,
      SHARE NO.174/11.
                           -9-
                                 NC: 2025:KHC:1643
                                WP No. 257 of 2025




37.   JAGADISH.K.SHETTY,
      S/O KRISHNA.B.SHETTY,
      AGED ABOUT 45 YEARS,
      HOTEL SANTHOSH,
      THANNIRU HALLA,
      B.M.ROAD,
      HASSAN-573201
      SHARE NO. 94/6.

38.   CHANDMAL SURANA,
      S/O MOHANLAL,
      AGED ABOUT 66 YEARS,
      GANDHI BAZAR,
      HASSAN-573201,
      SHARE NO.194/6.

39.   HARISH.K.R,
      S/O RAJU.H.M,
      AGED ABOUT 45 YEARS,
      CITY CO-OPERATIVE BANK,
      HASSAN-573201,
      SHARE NO. 9/7.

40.   KAVITHA,
      W/O RAJENDRA PRASAD,
      AGED ABOUT 61 YEARS,
      CITY CO-OPERATIVE BANK,
      K.K.MARKET,
      HASSAN-573201,
      SHARE NO. 16/7.

41.   PRAJWAL,
      S/O RAJENDRA KUMAR H N
      AGED ABOUT 35 YEARS,
      5091/3, 4TH CROSS,
                           - 10 -
                                        NC: 2025:KHC:1643
                                     WP No. 257 of 2025




      RAVINDRA NAGAR,
      HASSAN-573201,
      SHARE NO. 178/7.

42.   MADHU KUMAR. B.S,
      S/O SHIVASHANKAR,
      AGED ABOUT 52 YEARS,
      P.W.D QUATRESS,
      1366, HASSAN-573201,
      SHARE NO. 81/8.

43.   ARIVND KUMAR,
      S/O MANIKCHAND,
      AGED ABOUT 61 YEARS,
      FASHION CENTRE, BUS STAND ROAD,
      HASSAN-573201,
      SHARE NO. 154/12.

44.   KARTHIK.T.M,
      S/O MUDLAPPA
      AGED ABOUT 35 YEARS,
      SRINIDHI NILAYA, 2ND MAIN,
      3RD CROSS, HEMAVATHI NAGARA,
      HASSAN-573201,
      SHARE NO.3047, 78/16.

45.   MUDLAPPA,
      S/O ANNIAH,
      AGED ABOUT 70 YEARS,
      SRINIDHI NILAYA,
      2ND MAIN, 3RD CROSS,
      HEMAVATHI NAGARA,
      HASSAN-573201,
      SHARE NO.3270, 100/17.
                           - 11 -
                                       NC: 2025:KHC:1643
                                      WP No. 257 of 2025




46.   SHOBHA.H,
      W/O MUDLAPPA,
      AGED ABOUT 60 YEARS,
      SRINIDHI NILAYA,
      2ND MAIN, 3RD CROSS,
      HEMAVATHI NAGARA,
      HASSAN-573201,
      SHARE NO.3272, 102/17.

47.   RAMYA. C.V,
      W/O BALASUBRAMANYA.H.S,
      AGED ABOUT 38 YEARS,
      2840, KURUHINA SHETTY ROAD,
      KASTURBA ROAD, HASSAN-573201,
      SHARE NO.3386, 17/18.

48.   SARDAR AHAMAD,
      S/O ABDUL SAHEB,
      AGED ABOUT 60 YEARS,
      1629/A, LAXMIPURA EXTENSION,
      HASSAN-573201,
      SHARE NO.145/10.

49.   SALMA. S. AHAMAD,
      W/O SARDAR AHAMAD.M,
      AGED ABOUT 50 YEARS,
      1629/A, LAXMIPURA EXTENSION,
      HASSAN-573201,
      SHARE NO. 146/10.

50.   ASHA JAIN. H. A,
      W/O BAHUBALI JAIN.M.V,
      AGED ABOUT 63 YEARS,
      DODDA BASTHI ROAD,
      HASSAN-573201,
                           - 12 -
                                     NC: 2025:KHC:1643
                                    WP No. 257 of 2025




      SHARE NO. 178/10.

51.   BAHUBALI JAIN. M.V,
      S/O VARDHAMANIAH
      AGED ABOUT 66 YEARS,
      DODDA BASTHI ROAD,
      HASSAN-573201,
      SHARE NO. 179/10.

52.   RANGANATHA.M.C,
      S/O CHIKKEGOWDA,
      AGED ABOUT 70 YEARS,
      ESHWARAM NILAYA,
      4TH CROSS, 2ND MAIN ROAD,
      HEMAVATHI NAGAR,
      HASSAN-573201,
      SHARE NO. 3/11.

53.   KRISHNA KUMARI,
      W/O RANGANATHA.M.C.
      AGED ABOUT 63 YEARS,
      ESHWARAM NILAYA,
      4TH CROSS, 2ND MAIN ROAD,
      HEMAVATHI NAGAR,
      HASSAN-573 201,
      SHARE NO. 4/11.

54.   CHANNAVEERAPPA,
      S/O VEERABADRAPPA,
      AGED ABOUT 80 YEARS,
      FRUIT MERCHANT, SANTHEPETE,
      HASSAN-573201,
      SHARE NO. 147/10.

55.   RAJAMMA,
                          - 13 -
                                     NC: 2025:KHC:1643
                                    WP No. 257 of 2025




      W/O CHANNAVEERAPPA,
      AGED ABOUT 70 YEARS,
      SANTHEPETE,
      HASSAN-573 201,
      SHARE NO. 137/10.

56.   NETHRAVATHI GIRISH,
      W/O GIRISH H C.,
      AGED ABOUT 44 YEARS,
      SANTHEPETE,
      HASSAN-573 201,
      SHARE NO. 139/10.

57.   ANANDA MURTHY.K,
      S/O KRISHNA MURTHY,
      AGED ABOUT 75 YEARS,
      SANTHEPETE,
      HASSAN-573 201,
      SHARE NO. 141/10.

58.   RAMAMANI,
      W/O ANANDA MURTHY.K,
      AGED ABOUT 65 YEARS,
      CHANNAVEERAPPA FRUIT MANDI,
      SANTHEPETE,
      HASSAN-573 201,
      SHARE NO. 142/10.

59.   LALITHA
      W/O KRISHNA.C.M.
      AGED ABOUT 35 YEARS,
      CHANNAVEERAPPA FRUIT MANDI,
      SANTHEPETE,
      HASSAN-573 201,
      SHARE NO. 143/10.
                           - 14 -
                                        NC: 2025:KHC:1643
                                       WP No. 257 of 2025




60.   SHASHI KUMAR.H.C,
      S/O CHANNAVEERAPPA
      AGED ABOUT 44 YEARS,
      SANTHEPETE,
      HASSAN-573201,
      SHARE NO. 144/10.

61.   VINAY KUMAR H.C,
      S/O CHANNAVEERAPPA,
      AGED ABOUT 32 YEARS,
      1483, PARK ROAD,
      HASSAN-573201,
      SHARE NO.3585, 16/19.

62.   SHARIFF,
      S/O LATE REHAMAN,
      AGED ABOUT 45 YEARS,
      SRI NAGARA,
      HASSAN-573201,
      SHARE NO.3586, 17/19.

63.   MOHAMAD SHAREEK,
      S/O MOHAMAD SALEHA,
      AGED ABOUT 35 YEARS,
      KEB BACK SIDE, AMBEDKAR NAGAR,
      HASSAN-573201,
      SHARE NO.3587, 18/19.

64.   MOHAMAD SALEHA,
      S/O LATE SABJAN SAB,
      AGED ABOUT 65 YEARS,
      31, AMBEDKAR NAGAR,
      HASSAN-573201,
      SHARE NO.3589, 20/19.
                          - 15 -
                                   NC: 2025:KHC:1643
                                  WP No. 257 of 2025




65.   ABDUL MAJEED,
      S/O LATE ABDUL REHAMAN,
      AGED ABOUT 45 YEARS,
      4343/1, AMEER TOHALLA,
      VALLABHAI ROAD,
      HASSAN-573201,
      SHARE NO.3590, 21/19.

66.   JAYAMMA,
      W/O RAMU,
      AGED ABOUT 70 YEARS,
      29, HUNSINAKERE BEEDHI,
      HASSAN-573201,
      SHARE NO.3592, 23/19.

67.   HUSSAIN,
      S/O NAZEER,
      AGED ABOUT 35 YEARS,
      1ST CROSS, SIDDIAH NAGAR,
      HASSAN-573201,
      SHARE NO.3493, 24/19.

68.   RAMESH GOWDA,
      S/O LATE CHANDREGOWDA,
      AGED ABOUT 55 YEARS,
      E.W.G-331, 9TH CROSS,
      NEAR HOLY MOTHER SCHOOL,
      K.R.PURAM,
      HASSAN-573201,
      SHARE NO.3476, 107/18.

69.   RADHIKA RAMESH GOWDA,
      W/O RAMESH GOWDA,
      AGED ABOUT 45 YEARS,
      E.W.G-331, 9TH CROSS,
                          - 16 -
                                     NC: 2025:KHC:1643
                                    WP No. 257 of 2025




      NEAR HOLY MOTHER SCHOOL,
      K.R.PURAM,
      HASSAN-573201,
      SHARE NO.3477, 108/18.

70.   SACHIN GOWDA,
      S/O RAMESH GOWDA,
      AGED ABOUT 35 YEARS,
      E.W.G-331, 9TH CROSS,
      NEAR HOLY MOTHER SCHOOL,
       K.R.PURAM,
       HASSAN-573201,
      SHARE NO.3478, 109/18.

71.   KANAKALAXMI.H.T,
      W/O SANTHOSH KUMAR.H.K,
      AGED ABOUT 38 YEARS,
      424, 28TH CROSS, NEW HOUSING BOARD,
      HASSAN-573201,
      SHARE NO.3556, 187/18.

72.   SANTHOSH KUMAR.H.K,
      S/O KRISHNAPPA H B
      AGED ABOUT 45 YEARS,
      424, 28TH CROSS, NEW HOUSING BOARD,
      HASSAN-573201,
      SHARE NO.3557, 188/18.

73.   LIYAKATH ALI,
      S/O ISMAIL KHAN,
      AGED ABOUT 45 YEARS,
      KEB BACK SIDE,
      AMBEDKAR NAGAR,
      B.M.ROAD,
      HASSAN-573201,
                           - 17 -
                                      NC: 2025:KHC:1643
                                     WP No. 257 of 2025




      SHARE NO.3588, 19/19.

74.   SUJATHA.H.M,
      W/O SHIVARAMU. H.V,
      AGED ABOUT 45 YEARS,
      2625, GANIGARA BEEDHI,
      HASSAN-573201,
      SHARE NO.3596, 27/19.

75.   PRAVEEN.H.M,
      S/O LATE MUIRAPPA,
      AGED ABOUT 40 YEARS,
      MATHRUDRI S.R.T ROAD,
      HASSAN-573201,
      SHARE NO.3597, 28/19.

76.   PUSHPALATHA.A.R,
      W/O DHARMARAJ,
      AGED ABOUT 40 YEARS,
      47, 3RD MAIN, 9TH CROSS,
      SHANTHI NAGAR,
      HASSAN-573201,
      SHARE NO.3598, 29/19.

77.   JYOTHI,
      W/O SRINIVAS.H.S,
      AGED ABOUT 42 YEARS,
      WARD NO.28, BESTHARA BEEDHI,
      HASSAN-573201,
      SHARE NO.3599, 30/19.

78.   KAMALA,
      W/O MAHADEV,
      AGED ABOUT 42 YEARS,
      WARD NO.28, BESTHARA BEEDHI,
                           - 18 -
                                    NC: 2025:KHC:1643
                                   WP No. 257 of 2025




      HASSAN-573201,
      SHARE NO.3600, 31/19.

79.   SHIVARAMU.H.V,
      S/O VENKATACHALA,
      AGED ABOUT 48 YEARS,
      2625, GANIGARA BEEDHI,
      HASSAN-573201,
      SHARE NO.3601, 32/19.

80.   SHAKIRA UNNEESA,
      W/O MOHAMMAD SALEHA,
      AGED ABOUT 57 YEARS,
      WARD NO.31, KEB BACK SIDE,
      HASSAN-573201,
      SHARE NO.3603, 34/19.

81.   DHARMA RAJ,
      S/O RANGASWAMY,
      AGED ABOUT 45 YEARS,
      47, 3RD MAIN, 9TH CROSS,
      SHANTHINAGAR,
      HASSAN-573201,
      SHARE NO.3604, 35/19.

82.   CHANNAPPA,
      S/O MADHAPPA,
      AGED ABOUT 72 YEARS,
      1460, PARK ROAD,
      N.R.EXTENSION,
      HASSAN-573201,
      SHARE NO.3607, 38/19.

83.   PARVATHAMMA,
      W/O CHANNAPPA,
                           - 19 -
                                    NC: 2025:KHC:1643
                                   WP No. 257 of 2025




      AGED ABOUT 65 YEARS,
      1460, PARK ROAD,
      N.R. EXTENSION,
      HASSAN-573201,
      SHARE NO.3608, 39/19.

84.   VARADHARAJ B,
      S/O BASAVARAJU.B,
      AGED ABOUT 5 YEARS,
      WARD NO.8, PARK ROAD,
      N.R.EXTENSION,
      HASSAN-573201,
      SHARE NO.3795, 24/20.

85.   AMRUTHA .H.A.,
      W/O BHARATH KUMAR
      AGED ABOUT 30 YEARS,
      STADIUM OPPOSITE,
      HASSAN-573201,
      SHARE NO.4153, 183/21.

86.   BHARATH KUMAR H.C,
      S/O CHELUVE GOWDA,
      AGED ABOUT 40 YEARS,
      STADIUM OPPOSITE,
      HASSAN-573201,
      SHARE NO.4154, 184/21.

87.   VIJAY KUMAR H.C
      S/O CHANDREGOWDA .H.V,
      AGED ABOUT 52 YEARS,
      1ST CROSS,
      HALUVASILU ROAD,
      HASSAN-573201,
      SHARE NO.112/6.
                           - 20 -
                                    NC: 2025:KHC:1643
                                   WP No. 257 of 2025




88.   VASU.H.R,
      S/O RANGASWAMY,
      AGED ABOUT 55 YEARS,
      5027, NARASIMHA SADHANA,
      RAVINDRA NAGAR,
      HASSAN-573201,
      SHARE NO.41/6.

89.   ARUN KUMAR,
      S/O HANUMANTHEGOWDA,
      AGED ABOUT 4 YEARS,
      4316, 1ST MAIN ROAD,
      VALLABHAI ROAD,
      HASSAN-573201,
      SHARE NO.3427, 58/18.

90.   VINUTHA. G.E,
      W/O ARUN KUMAR,
      AGED ABOUT 38 YEARS,
      4316, 1ST MAIN ROAD,
      VALLABHAI ROAD,
      HASSAN-573201,
      SHARE NO.3426, 57/18.

91.   RENUKA.P,
      W/O SRINIVASA.C,
      AGED ABOUT 35 YEARS,
      1ST CROSS,
      HALUVAGILU ROAD,
      HASSAN-573201,
      SHARE NO.1138, 148/6.

92.   CHANDRASHEKAR. J.R,
      S/O RAMEGOWDA,
      AGED ABOUT 52 YEARS,
                          - 21 -
                                        NC: 2025:KHC:1643
                                    WP No. 257 of 2025




      SRI RAMA KUTEERA HEMAVATHI NAGAR,
      HASSAN-573201,
      SHARE NO.368, 113/19

93.   ROOPA,
      W/O CHANDRASHEKAR,
      AGED ABOUT 45 YEARS,
      SRI RAMA KUTE, HEMAVATHI NAGAR,
      HASSAN-573201,
      SHARE NO.3682, 114/19.

94.   SATHYANARAYANA M.C,
      S/O CHANNEGOWDA,
      AGED ABOUT 55 YEARS,
      5155, RAVINDRA NAGAR,
      HASSAN-573201, S
      HARE NO.3356, 186/17.

95.   CHAITHRA,
      W/O SATHYANARAYANA M C
      AGED ABOUT 50 YEARS,
      5155, RAVINDRA NAGAR,
      HASSAN-573201,
      SHARE NO.3357, 187/17.

96.   CHAYAPATHI.K,
      S/O KRISHNAGOWDA H.B.
      AGED ABOUT 50 YEARS,
      LIG, 201, 26TH CROSS,
      KUVEMPUNAGAR,
      HASSAN-573201,
      SHARE NO.2493, 121/23.

97.   KANCHANAMALA,
      W/O MANIKCHAND,
                          - 22 -
                                        NC: 2025:KHC:1643
                                       WP No. 257 of 2025




      AGED ABOUT 76 YEARS,
      FASHION CENTRE, BUS STAND ROAD,
      HASSAN-573201,
      SHARE NO.18/11.

98.   BHASKAR.S,
      S/O SALIYANA SHETTY,
      AGED ABOUT 60 YEARS,
      HOTEL SWAPNA SAGAR,
      SHANKAR MUTT ROAD,
      HASSAN-573201,
      SHARE NO.179/9.

99.   RAVI,
      S/O HANAMANTHU,
      AGED ABOUT 55 YEARS,
      MURALI NILAYA, SHANKARI PURAM,
      HASSAN-573201,
      SHARE NO. 71/9.

100. KOMALA.K.R,
     W/O RAVI.H,
     AGED ABOUT 50 YEARS,
     MURALI NILAYA, SHANKARI PURAM,
     HASSAN-573201,
     SHARE NO.72/9.

101. RAMESH.M.K,
     S/O KALEGOWDA M.G,
     AGED ABOUT 65 YEARS,
     366/A, KAVANA NILAYA,
     UDAYAGIRI BADAVANE,
     HASSAN-573201,
     SHARE NO.9/9.
                         - 23 -
                                      NC: 2025:KHC:1643
                                     WP No. 257 of 2025




102. CHANDREGOWDA,
     S/O VENKATEGOWDA,
     AGED ABOUT 72 YEARS,
     COUNCILLOR, THANNIR HALLA,
     HASSAN-573201,
     SHARE NO.28/7.

103. PARVATHAMMA,
     W/O CHANDREGOWDA,
     AGED ABOUT 65 YEARS,
     EX-COUNCILLOR, THANNIR HALLA,
     HASSAN-573201,
     SHARE NO.29/7.

104. GNANESH BABU,
     S/O MALLEGOWDA H.M,
     AGED ABOUT 55 YEARS,
     MINI VIDHANA SOUDHA,
     KUVEMPU NAGAR,
     HASSAN-573201,
     SHARE NO.185/6.

105. SANTHOSH KUMAR H.D,
     S/O DASEGOWDA,
     AGED ABOUT 45 YEARS,
     MINI VIDHANA SOUDHA,
     KUVEMPU NAGAR,
     HASSAN-573201,
     SHARE NO. 186/6.

106. PRATHIMA.H.D,
     W/O GNANESH BABU.H.M,
     AGED ABOUT 47 YEARS,
     MINI VIDHANA SOUDHA,
     KUVEMPU NAGAR,
                         - 24 -
                                    NC: 2025:KHC:1643
                                   WP No. 257 of 2025




     HASSAN-573201,
     SHARE NO.188/6.

107. N.T.SRINIVASA,
     S/O THIMMAPPA NAYAK,
     AGED ABOUT 50 YEARS,
     PRT COLONY,
     HEMAVATHI NAGAR,
     HASSAN-573201,
     SHARE NO.136/6.

108. NAGARATHNA.N,
     W/O SRINIVASA.N.T,
     AGED ABOUT 45 YEARS,
     PRT COLONY,
     HEMAVATHI NAGAR,
     HASSAN-573201,
     SHARE NO.135/6.

109. KAMAL KUMAR.M.K,
     S/O KALEGOWDA,
     AGED ABOUT 59 YEARS,
     EWS, 783, KUVEMPU NAGAR,
     HASSAN-573201,
     SHARE NO.28/11.

110. SRINIVAS.C,
     S/O CHANDREGOWDA.H.V,
     AGED ABOUT 45 YEARS,
     1ST CROSS, HALUVAGILU ROAD,
      HASSAN-573201,
     SHARE NO.1128, 138/6.

111. PUTTARAJU.H.C,
     S/O CHANDREGOWDA .H.V,
                            - 25 -
                                       NC: 2025:KHC:1643
                                    WP No. 257 of 2025




     AGED ABOUT 43 YEARS,
     1 CROSS, HALUVAGILU ROAD,
     HASSAN-573201,
     SHARE NO.1134, 144/6.

112. PUSHPA.H.H,
     W/O VIJAYAKUMAR.H.C,
     AGED ABOUT 45 YEARS,
     1ST CROSS, HALUVAGILU ROAD,
     HASSAN-573201,
     SHARE NO.1135, 145/6.

113. PUSHPA.H.B,
     W/O PUTTARAJU.H.C,
     AGED ABOUT 40 YEARS,
     1ST CROSS, HALUVAGILU ROAD,
     HASSAN-573201,
     SHARE NO.146/6

114. SURESH KUMAR.H.P,
     S/O PUTTASWAMAPPA,
     AGED ABOUT 51 YEARS,
     N.R.EXTENSION,
     HASSAN-573201,
     SHARE NO.3686, 118/19

115. HARISHCHANDRA.A.M,
     S/O MALLAPPA,
     AGED ABOUT 50 YEARS,
     WARD NO.29, HUNSINAKERE LAYOUT,
     HASSAN-573201,
     SHARE NO.3689, 121/19.

116. PRATHAP BEHRA,
     S/O PRAPULLA BEHRA,
                            - 26 -
                                        NC: 2025:KHC:1643
                                       WP No. 257 of 2025




       AGED ABOUT 50 YEARS,
       CHIKKA BASTHI ROAD,
       HASSAN-573201,
       SHARE NO.3745, 177/19.

117. JAYARAME GOWDA,
     S/O BOREGOWDA,
     AGED ABOUT 56 YEARS,
     HEMAVATHI NAGAR,
     HASSAN-573201,
     SHARE NO.2726, 156/14.

118. SUMATHI.A.B,
     W/O JAYARAME GOWDA,
     AGED ABOUT 46 YEARS,
     HEMAVATHI NAGAR,
     HASSAN-573201,
     SHARE NO.2727, 157/14.
                                           ...PETITIONERS
(BY SRI. MAHAMAD TAHIR A., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     DEPARTMENT OF CO-OPERATION,
     M.S. BUILDING,
     BANGALORE-560 001,
     REPRESENTED BY ITS PRINCIPAL SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, TTMC A BLOCK,
     K.H.ROAD, SHANTHINAGAR,
     BANGALORE-560027,
     REPRESENTED BY ITS SECRETARY.
                           - 27 -
                                         NC: 2025:KHC:1643
                                       WP No. 257 of 2025




3.   HASSAN CO-OPERATIVE SOCIETY LTD.,
     GANDHI BAZAR,
     HASSAN-573201,
     REPRESENTED BY ITS CEO,
     A SOCIETY REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959.

4.   THE RETURNING OFFICER,
     HASSAN CO-OPERATIVE SOCIETY LTD.,
     GANDHI BAZAR,
     HASSAN-573201.
                                          ...RESPONDENTS


(BY SRI. YOGESH D NAIK, AGA FOR R1 AND R4;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
    V/O/D 16.01.2025 NOTICE TO R3 IS D/W)

      THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS
IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C AND
PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE
UPCOMING    ELECTIONS   TO     R-3   SOCIETY   WHICH    IS
SCHEDULED TO BE HELD ON 12.01.2025 IN SO FAR AS THE
PETITIONERS ARE CONCERNED AND ETC.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:   HON'BLE MRS JUSTICE K.S. HEMALEKHA
                              - 28 -
                                            NC: 2025:KHC:1643
                                          WP No. 257 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 12.01.2025.

2. This Court, by way of interim arrangement on

09.01.2025, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 12.01.2025

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

- 29 -

NC: 2025:KHC:1643

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

- 30 -

NC: 2025:KHC:1643

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

- 31 -

NC: 2025:KHC:1643

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

- 32 -

NC: 2025:KHC:1643

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

- 33 -

NC: 2025:KHC:1643

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

- 34 -

NC: 2025:KHC:1643

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 case of the petitioners is that the

petitioners have paid all membership/share holders due to

respondent No.3-Society and attended all the annual

general body meetings whenever they have received

notice from respondent No.3-Society, in spite of which

- 35 -

NC: 2025:KHC:1643

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:

"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-

ILR 2024 KAR 1901

- 36 -

NC: 2025:KHC:1643

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 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,

- 37 -

NC: 2025:KHC:1643

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:

(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

- 38 -

NC: 2025:KHC:1643

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 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.-

- 39 -

NC: 2025:KHC:1643

(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.

(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.-

- 40 -

NC: 2025:KHC:1643

(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 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,

- 41 -

NC: 2025:KHC:1643

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

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

- 42 -

NC: 2025:KHC:1643

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 12.01.2025 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

- 43 -

NC: 2025:KHC:1643

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.