Karnataka High Court

Mr Naveen Pinto vs State Of Karnataka on 29 January, 2025

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                                                              NC: 2025:KHC:3979
                                                          WP No. 32132 of 2024
                                                      C/W WP No. 32061 of 2024
                                                          WP No. 32145 of 2024


                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF JANUARY, 2025

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                             WRIT PETITION NO. 32132 OF 2024 (CS-EL/M)
                                               C/W
                                 WRIT PETITION NO. 32061 OF 2024
                                 WRIT PETITION NO. 32145 OF 2024
                      IN WP No. 32132/2024

                      BETWEEN:

                      1.    MR. ADDU
                            S/O HAMAD
                            AGED ABOUT 31 YEARS
                            SONANDUR VILLAGE, PANAKAJE POST
                            BELTHANGADY TALUK
                            DAKSHINA KANNADA-574 224
                            MEMBERSHIP NO. 1374

                      2.    MR. SIRAJUDDIN
                            S/O DAWOOD
                            AGED ABOUT 47 YEARS
Digitally signed by
MAHALAKSHMI B M             SONANDUR VILLAGE, PANAKAJE POST
Location: HIGH              BELTHANGADY TALUK
COURT OF                    DAKSHINA KANNADA-574 224
KARNATAKA
                            MEMBERSHIP NO 5508

                      3.    MRS. KRERUNISA
                            W/O HANJHU
                            AGED ABOUT 48 YEARS
                            SONANDUR VILLAGE, PANAKAJE POST
                            BELTHANGADY TALUK
                            DAKSHINA KANNADA-574 224
                            MEMBERSHIP NO 5459

                      4.    MRS. ASMA PU
                            W/O ISMAIL
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     AGED ABOUT 38 YEARS
     SONANDUR VILLAGE, PANAKAJE POST
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574 224
     MEMBERSHIP NO 3089

5.   MR. JHAKER HUSSAIN
     S/O MOHAMMED
     AGED ABOUT 44 YEARS
     SONANDUR VILLAGE, PANAKAJE POST
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574 224
     MEMBERSHIP NO 3233

6.   MR. MOHAMMED
     S/O ABBAS A.S
     AGED ABOUT 67 YEARS
     SONANDUR VILLAGE, PANAKAJE POST
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574 224
     MEMBERSHIP NO 3673

7.   MR. P.A. YUSEF
     S/O ABBUBACKER
     AGED ABOUT 58 YEARS
     SONANDUR VILLAGE, PANAKAJE POST
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574 224
     MEMBERSHIP NO 3713

8.   MRS. RAHEMATH
     W/O RAMLA
     AGED ABOUT 50 YEARS
     SONANDUR VILLAGE, PANAKAJE POST
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574 224
     MEMBERSHIP NO 3716

9.   MR. R RAZAK M.A.
     S/O ABDUL REHMAN
     AGED ABOUT 34 YEARS
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    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3719

10. MR. MOHAMMED YUSEF
    S/O ISUBULLA
    AGED ABOUT 55 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3724

11. MR. HAMZATH
    S/O HUSSAIN
    AGED ABOUT 46 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3819

12. MR. AZUF
    S/O IBRAHIM
    AGED ABOUT 39 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3870

13. MR. K. ABBAS
    S/O SULEMAN
    AGED ABOUT 64 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1658

14. MR. ABDU LATHIF
    S/O ABBAS
    AGED ABOUT 42 YEARS
    PARENKY VILLAGE, MALADY POST
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    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO.1930

15. MRS. SUSHEELA
    W/O KOLAPPA PUJARI
    AGED ABOUT 68 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO. 2251

16. MRS. RESHMI BENNY
    W/O M.K. BAIG
    AGED ABOUT 41 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3461

17. MRS. SAGEERABANO
    W/O SHEIKH BASHA SAHEB
    AGED ABOUT 39 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3787

18. MR. M.K. BENNY
    S/O KURIYA ROSI
    AGED ABOUT 47 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4116

19. MRS. RIZWANA PARVEEN
    D/O SHEIKH HASAN SAHEB
    AGED ABOUT 27 YEARS,
    PARENKY VILLAGE, MALADY POST
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    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4141

20. JAIBUNNISA
    W/O HAMED SAHEB
    AGED ABOUT 43 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4223

21. MR. USMAN
    S/O ISUBULLA
    AGED ABOUT 48 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4401

22. MR. HASMATH
    S/O ISUBULLA
    AGED ABOUT 45 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4780

23. MRS. NOORJAHAN
    W/O HASNAB
    AGED ABOUT 40 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5366

24. MS. JEENATABANU
    D/O SHEIKH IBRAHIM SAHEB
    AGED ABOUT 29 YEARS,
    PARENKY VILLAGE, MALADY POST
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    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5377

25. MRS.ZUBEDHA
    W/O BASHIR
    AGED ABOUT 35 YEARS,
    MALADY VILLAGE, MALADY POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 5217

26. MRS ATEEJAMMA
    W/O HAMID
    AGED ABOUT 29 YEARS
    MALADY VILLAGE, MALADY POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 5377

27. MRS. ZUBEDA
    W/O ABDUL MANJEEDHA
    AGED ABOUT 34 YEARS
    MALADY VILLAGE, MALADY POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 5406

28. ABDUL SALEEM
    S/O HAJI ISMAIL
    AGED ABOUT 37 YEARS
    MALADY VILLAGE, MALADY POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 5615

29. FEDRIK D'SOUZA
    S/O BENJAMIN D'SOUZA
    AGED ABOUT 28 YEARS
    MALADY VILLAGE, MALADY POST,
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    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 5656

30. SHARIEF
    S/O USMAN
    AGED ABOUT 41 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO2174

31. SAFIA UMARAB
    S/O UMARAB
    AGED ABOUT 34 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 2955

32. MOHAMMAD.P
    S/O MOIDNABBA
    AGED ABOUT 42 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO.3288

33. ABDUL HAREEM
    S/O MOHAMMED
    AGED ABOUT 36 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 3295

34. ILIYAS M
    S/O UMAR ABBA
    AGED ABOUT 29 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
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    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO.3598

35. ASMA
    W/O KHALANDAR
    AGED ABOUT 39 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 4685

36. NEBISA
    W/O ABHDUL KHAYUM
    AGED ABOUT 46 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 4688
37. ASMA
    W/O ASHRAF
    AGED ABOUT 52 YARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 4766

38. D. ABDHUL REHAMAN
    S/O K. KASIM SAHEB
    AGED ABOUT 38 YEARS
    KUKKALA VILLAGE, PUNJALAKATTE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574224
    MEMBERSHIP NO 1283
39. ILIYAS
    S/O HAMAD
    AGED ABOUT 28 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
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    MEMBERSHIP NO 3881

40. HARRIS
    S/O MAHAMMADALI
    AGED ABOUT 49 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3916

41. IBHARIM
    S/O HASANAB
    AGED ABOUT 46 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3919

42. SAFINABHANU
    W/O SAJIDHA
    AGED ABOUT 33 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4044

43. A.S ABBAS
    S/O D. HAMMAD
    AGED ABOUT 29 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4093

44. RASHID
    S/O IBRAHIM
    AGED ABOUT 35 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO4208
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45. P.A ABBAS
    S/O ABUBAKAR
    AGED ABOUT 41 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4302

46. ABBUBAK
    S/O KHADRI
    AGED ABOUT 46 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4355

47. JAMIL
    S/O ADAM
    AGED ABOUT 27 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4521

48. JANNATH
    S/O ABBAS
    AGED ABOUT 48 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4522

49. AMMENAMMA
    D/O KHADAR
    AGED ABOUT 39 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4530
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50. ATTEKH
    S/O ABUBAKAR
    AGED ABOUT 56 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4551

51. MUNEER REHAMAN
    S/O FREDIYA
    AGED ABOUT 31 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4618

52. ISMAIL
    S/O MOOSA
    AGED ABOUT 24 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4660

53. JUBEDHABI
    S/O SHAKE NASEER SAHIB
    AGED ABOUT 57 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4692

54. ABDUL SALEEM
    S/O YUSUB
    AGED ABOUT 46 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4725
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55. ASIYA
    D/O HAMIDH BYARI
    AGED ABOUT 51 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4912

56. MAHMMADH
    S/O ABDUL
    AGED ABOUT 30 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5146

57. MUNEER
    S/O ADAM
    AGED ABOUT 38 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5154

58. RAHEEM
    W/O MUNEER
    AGED ABOUT 41 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5173

59. ABDHUL SAMEER
    S/O IBHARIM
    AGED ABOUT 43 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5237
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60. HIMAYATH P.A
    S/O ABHDUL REHAMAN
    AGED ABOUT 46 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5460

61. ANOOP PRAVEEN
    S/O VINODH
    AGED ABOUT 51 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5665

62. JOHANA
    D/O HAMEEDH
    AGED ABOUT 41 YEARS
    SONANDUR VILLAGE, PANAKAJE POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5765

63. LATHIF
    S/O ABDHUL REHAMAN
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4006

64. PUTHMAM
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4695

65. ASMATH.K
    S/O DAWOODH
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    AGED ABOUT 41 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4780

66. MAHAMMAD SHARIEF
    S/O HAMIDH
    AGED ABOUT 31 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5097

67. NOORJAHAN
    D/O HASNABH
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5366

68. JAMEEL
    S/O ABDHUL REHAMAN
    AGED ABOUT 38 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5573

69. EALLIJ MADHAYAN
    S/O LAWRANCE MADHAYAN
    AGED ABOUT 31 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1718

70. BAPPAYI
    S/O HESKAR
    AGED ABOUT 41 YEARS
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    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1322

71. REMOND D SOUZA
    S/O THOMAS PRABHU
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1416

72. PRAVEEN
    S/O DAKAYYA POOJARI
    AGED ABOUT 36 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1877

73. NENEL REGO
    D/O GREGOLI MONNIS
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1949

74. JENITHA D'SILVA
    S/O ADHUR D'SILVA
    AGED ABOUT 41 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1960

75. VERONIKA CORREYA
    D/O LAWRENCE CORREYA
    AGED ABOUT 36 YEARS
    PARENKY VILLAGE, MALADY POST
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    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 1975

76. JULIYAT DAYANA PINTO
    D/O VINNI MANOJAN
    AGED BOUT 27 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 2749

77. NAVEEN D'SOUZA
    S/O LYANI CORREYA
    AGED ABOUT 36 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 2785

78. SIRIL VEGAS
    S/O SABESTIYAN VEGAS
    AGED ABOUT 31 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 2978

79. SISSILIYA LOBA
    S/O MASWELL VEGAS
    AGED ABOUT 33 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3386

80. FLEVI MORRAN
    S/O MORRIES MORRAN
    AGED ABOUT 41 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
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    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3500

81. YASIN
    S/O B.H.ABBAS
    AGED ABOUT 43 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3496

82. AYUSHA SHAHNAZ
    D/O UMLAR FAROOK
    AGED ABOUT 42 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 3497

83. P.ALI HASSAN
    S/O HAMEED N.A
    AGD ABOUT 44 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4117

84. ABDHUL HAKEEM
    S/O YAKUBH
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4529

85. MAHAMMAD RAHEEM
    S/O SHAKE KHAN SAHEB
    AGED ABOUT 31 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
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                                     WP No. 32145 of 2024


    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4590

86. NEBEEN
    S/O IBRAHIM
    AGED ABOUT 38 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4642

87. VICTOR MONIIS
    S/O MOCHER MONNIS
    AGED ABOUT 37 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4646

88. INMA
    S/O RAMLA
    AGED ABOUT 34 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 5169

89. MUMTAJ SAHEB
    S/O HASSAN SAHEB
    AGED ABOUT 54 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4982

90. AMEEN HUSSEAN
    S/O AMEEN SAHEEB
    AGED ABOUT 48 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
                          - 19 -
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                                      WP No. 32132 of 2024
                                  C/W WP No. 32061 of 2024
                                      WP No. 32145 of 2024


     DAKSHINA KANNADA-574 224
     MEMBERSHIP NO 5119

91. GULSHAN KHAN
    S/O ABDHUL REHAMAN
    AGED ABOUT 46 YEARS
    PARENKY VILLAGE, MALADY POST
    BELTHANGADY TALUK
    DAKSHINA KANNADA-574 224
    MEMBERSHIP NO 4946
                                             ...PETITIONERS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
    SRI. VENKATESH SOMAREDDI, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY SECRETARY
     DEPARTMENT OF CO-OPERATION
     M.S.BUILDING, BENGALURU- 560 001

2.   THE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, SHANTI NAGARA
     TTMC 'A' BLOCK, K.H.ROAD
     SHANTI NAGARA
     BENGALURU-560 027
     REPRESENTED BY SECRETARY

3.   RETURNING OFFICER AND ASSISTANT
     REGISTRAR OF CO-OPERATIVE SOCIETIES
     DAKSHINA KANNADA DISTRICT
     JANTA BAZAR, 1ST FLOOR
     GANAPATHI HIGH SCHOOL ROAD
     MANGALORE-575 003

4.   MADANTYARU PRIMARY AGRICULTURAL
     CO-OPERATIVE SOCIETY,
     MADANTYARU POST,
     BELTHANGADY TALUKU
     DAKSHINA KANNADA-574 224
     REPRESENTED BY IT'S
                           - 20 -
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                                       WP No. 32145 of 2024


     CHIEF EXECUTIVE OFFICER
     REGISTERED UNDER KCS ACT, 1959 IT'S
     A CO-OPERATIVES SOCIETY

5.   JOEL E MENDONCA
     S/O ALBERT MENDONCA
     AGED ABOUT 38 YEARS
     R/O NO.2/25, ALMA COTTAGE
     ASHADEEP CHURCH ROAD
     MALADI, MADANTHYAR
     DAKSHINA KANNADA-574 224

6.   AMITA PRIYA LOBO
     W/O CLIFFORD D SOUZA
     AGED 36 YEARS
     R/O NO.1-45(1), LOVE NEST
     CONVENT ROAD, 2ND RIGHT CROSS
     KAKKEKADU, BELTHANGADY TALUK
     MANDANTHYAR, BELTHANGADY
     DAKSHINA KANNADA-574 224

7.   DHANALAXMI
     C/O CHANDRASHEKARA
     AGED ABOUT 46 YEARS
     R/O NO.2-250/3, SHIVAGIRI NIVASA
     KARIYABE SONANDRU, MALADY POST
     DAKSHINA KANNADA-574 224

8.   K. MAHABALA
     S/O SUNDARA POOJARY
     AGED ABOUT 46 YEARS
     R/O NO.3-170-1, PUNJALAKATTE
     PURIYA HOSUE, MALADY
     DAKSHINA KANNADA-574 224

9.   KANTHAPPA GOWDA
     S/O VASU GOWDA
     AGED ABOUT 65 YEARS
     R/O 2-44, HATTATHODY HOUSE
     SHREELAXMI KRIPA, BELTHANGADY
     DAKSHINA KANNADA-574 224
                         - 21 -
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                                 C/W WP No. 32061 of 2024
                                     WP No. 32145 of 2024


10. GOPALAKRISHNA K
    S/O DOMBA
    AGED ABOUT 45 YEARS
    R/O NO.1-176, KUKKALA HOUSE
    KUKKALA, DAKSHINA KANNADA-574 223

11   SURESH S
     S/O S. RAVI POOJARY
     AGED ABOUT 41 YEARS
     R/O NO.2-280, SONANDOOR HOUSE
     BELTHANGADY TALUK, MALADY
     DAKSHINA KANNADA-574 224

12. GANESHA MOOLYA
    S/O ANILADE
    AGED ABOUT 54 YEARS
    R/O PUNJALA KATTE, BELTHANGADY
    KUKKALA
    DAKSHINA KANNADA-574 233

13. SHASHIPRABHA
    W/O CHANDRASHEKHARA
    AGED ABOUT 28 YEARS
    R/O NO.2-129, KUNJATHODI HOUSE
    BELTHANGADY TALUK, KUKKALA
    DAKSHINA KANNADA-574 224

14. KISHOR KUMAR
    S/O APPAYYA BHANDARI
    AGED ABOUT 48 YEARS
    R/O MOODAYUR, MALADI POST
    BELTHANGADI, PARENKY
    DAKSHINA KANNADA-574 224

15. PURUSHOTHAMA SHETTY
    S/O NARAYANA SHETTY
    AGED ABOUT 62 YEARS
    R/O UTTHAM HOUSE, SONANDOOR
    MALADY
    DAKSHINA KANNADA-574 224
                            - 22 -
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                                    C/W WP No. 32061 of 2024
                                        WP No. 32145 of 2024


16. PUSHPARAJA
    S/O SHRIDHARA HEDGE
    AGED ABOUT 57 YEARS
    R/O NO.3-88/1, SHREE CHANDANA
    KOLPEDABAILU GUTHU
    MALADY, MADANTHYAR
    DAKSHINA KANNADA-574 224

                                              ...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R3;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
    SRI. RAJARAM SURYAMBAIL, ADVOCATE FOR R4;
    SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R5 TO R16)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R-3 AND 4 TO INCLUDE THE NAMES OF THE
PETITIONER IN THE LIST OF ELIGIBLE VOTERS FOR THE
ELECTION TO BE HELD ON 1.12.2024 WHICH IS PUBLISHED
VIDE ANNX-A IN SO FAR AS PETITIONER CONCERNED.



IN WP NO. 32061/2024

BETWEEN:

1.   MR. RONALD PRAVIG CORREA
     S/O BAPTIST CORREA
     AGED 44 YEARS
     MALADI VILLAGE, MADANTHYAR POST
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574224
     MEMBERSHIP NO.2124

2.   MRS. I.V. CORREA
     W/O HERALD DESOZA,
     AGED ABOUT 38 YEARS
     MANGALAJYOTHI MANI,
                          - 23 -
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                                  C/W WP No. 32061 of 2024
                                      WP No. 32145 of 2024


     PARENKI GRAMA,
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224.
     MEMBERSHIP NO 3413
3.   MR. MAXIM CORREA,
     S/O BAPTIST CORREA,
     AGED 62 YEARS
     AMARA JYOTHI MANE
     MALADI GAMA,
     MADANTHYAR POST, BELTHANGADY TALUK
     DAKSHINA KANNADA-574224.
     MEMBERSHIP NO.1461

4.   MR. SHAYKH HASAN SAHEB,
     S/O DAWOOD SAHEB,
     AGED 32 YEARS
     NACH MAMBEL ARTHILA MANE,
     MALADI GAMA,
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224.
     MEMBERSHIP NO 2344

5.   MR. SATRAR SAHEB,
     S/O ISMAIL SAHEB,
     AGED 36 YEARS
     PADPU MANE, PARENKI VILLAGE
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224.
     MEMBERSHIP NO.4704

6.   MR. HAMEED SAHEB
     S/O ISMAIL SAHEB,
     AGED ABOUT 42 YEARS
     PADPU MANE, PARENKI VILLAGE
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224
     MEMBERSHIP NO 3493
                          - 24 -
                                          NC: 2025:KHC:3979
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                                  C/W WP No. 32061 of 2024
                                      WP No. 32145 of 2024




7.   MR. FEDRIK D'SOUZA
     S/O LATE ALBERT D'SOUZA
     AGED ABOUT 48 YEARS
     NITYADAR MANE, MALDADI GRAMA,
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224.
     MEMBERSHIP NO 1453

8.   MRS. PELSI DSOUZA
     W/O FEDRIK DSOUZA
     AGED ABOUT 34 YEARS
     NITYADAR MANE, MALDADI GRAMA,
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224.
     MEMBERSHIP NO 1889

9.   MR. P. ALVIN TAMRO
     S/O LATE S. SILVISTAR
     AGED ABOUT 38 YEARS
     REMA VILLA, MALADI GRAMA
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA- 574224.
     MEMBERSHIP NO 1610

10. MR. ANEES SAHEB
    S/O HARON SAHEB
    AGED ABOUT 52 YEARS,
    MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 4703

11. MRS. NALINI KUMARI
    W/O SUNITH KUMAR
    AGED ABOUT 40 YEARS
    JAYA NILAYA, MALDADI GRAMA,
    MADANTHYAR POST,
                         - 25 -
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    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224
    MEMBERSHIP NO 3877

12. MR. AJAY. M.D KUNHA
    S/O ALPHONS D KUNHA
    AGED ABOUT 45 YEARS
    KOLPEDA BAILU MANE,
    MALDADI GRAMA, MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 2653

13. MRS. MONIKA D KUNHA
    W/O ALPHONS D KUNHA
    AGED ABOUT 62 YEARS,
    KOLPEDA BAILU MANE,
    MALDADI GRAMA,
    MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 3196

14. MRS. YASHODARA N YOGISHA
    W/O LATE SUNDAR PUJARI
    AGED ABOUT 57 YEARS,
    KODAKKE MANE, PARENKI VILLAGE,
    MADANTHYAR POST, BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 4098

15. MR. RUPESH
    S/O LATE RAMESH ACHARYA
    AGED ABOUT 55 YEARS,
    PARENKI MANE, PARENKI VILLAGE,
    MADANTHYAR POST, BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 5808

16. MRS. DEEKSHITHA
    W/O RUPEESH
                          - 26 -
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    AGED ABOUT 52 YEARS,
    PARENKI MANE, PARENKI VILLAGE,
    MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224
    MEMBERSHIP NO 5809

17. MR. ANISH MELARIK CORREA
    S/O MAXIM CORREA
    AGED ABOUT 40 YEARS,
    MALDADI GRAMA,
    MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 4453

18. MRS. MEHARA BHANU
    W/O SHAYEK MAHAMAD ALI
    AGED ABOUT 38 YEARS,
    KOLLADA BAILU MANE,
    MALDADI GRAMA,
    MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 3245

19. MRS. HALIMABI
    W/O ABDUL BASHEER SAHEEB
    AGED ABOUT 43 YEARS,
    PAPDU MANE, PARANKI GRAMA,
    MALADI POST, BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 4701

20. MRS. SAKINAB
    W/O SHABO SAHEB
    AGED ABOUT 37 YEARS,
    PAPDU MANE, PARANKI GRAMA,
    MALADI POST. DAKSHINA KANNADA- 574224
    MEMBERSHIP NO 4702
                          - 27 -
                                          NC: 2025:KHC:3979
                                      WP No. 32132 of 2024
                                  C/W WP No. 32061 of 2024
                                      WP No. 32145 of 2024


21. MRS. MELITA CRYSTAL CORREA
    D/O MAXIM CORREA
    AGED ABOUT 45 YEARS,
    AMARAJYOTHI MANE, MALADI GRAMA,
    MADANTHYAR POST, BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 4452

22. MRS. SHREYANKA JAIN
    W/O SHREEPATHY JAIN
    AGED ABOUT 40 YEARS,
    HOSAMANE, PARENKI, MALADI,
    MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA- 574224.
    MEMBERSHIP NO 5728

23. MR. HASSAN SAHEB
    S/O LATE SHAYKH ISMAIL SAHEB
    AGED ABOUT 53 YEARS,
    ARTILA MANE, PARENKI VILLAGE,
    MALADI POST, BELTHANGADY TALUK
    DAKSHINA KANNADA- 574221
    MEMBERSHIP NO 4776
                                         ...PETITIONERS

(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
    SRI. VENKATESH SOMAREDDI, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY SECRETARY
     DEPARTMENT OF CO-OPERATION
     M.S.BUILDING
     BENGALURU- 560 001

2.   THE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, SHANTI NAGAR
     TTMC A BLOCK, KH ROAD,
     SHANTI NAGARA
     BENGALURU-560 027
                           - 28 -
                                           NC: 2025:KHC:3979
                                       WP No. 32132 of 2024
                                   C/W WP No. 32061 of 2024
                                       WP No. 32145 of 2024




3.   RETURNING OFFICER AND
     ASSISTANT REGISTRAR OF
     CO-OPERATIVE SOCIETIES
     DAKSHINA KANNADA DISTRICT
     JANTA BAZAR, 1ST FLOOR
     GANAPATHI HIGH SCHOOL ROAD
     MANGALORE 575 003

4.   MADANTYARU PRIMARY AGRICULTURAL
     CO-OPERATIVE SOCIETY,
     MADANTYARU POST,
     BELTHANGADY TALUKU
     DAKSHINA KANNADA 574224
     REPRESENTED BY IT'S
     CHIEF EXECUTIVE OFFICER
     REGISTERED UNDER CO-OPERATIVE
     SOCIETIES ACT



5.   JOEL E MENDONCA
     S/O ALBERT MENDONCA
     AGED ABOUT 38 YEARS
     R/O NO.2/25, ALMA COTTAGE
     ASHADEEP CHURCH ROAD
     MALADI, MADANTHYAR
     DAKSHINA KANNADA-574 224

6.   AMITA PRIYA LOBO
     W/O CLIFFORD D SOUZA
     AGED 36 YEARS
     R/O NO.1-45(1), LOVE NEST
     CONVENT ROAD, 2ND RIGHT CROSS
     KAKKEKADU, BELTHANGADY TALUK
     MANDANTHYAR, BELTHANGADY
     DAKSHINA KANNADA-574 224

7.   DHANALAXMI
     C/O CHANDRASHEKARA
     AGED ABOUT 46 YEARS
     R/O NO.2-250/3, SHIVAGIRI NIVASA
                           - 29 -
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                                       WP No. 32145 of 2024


     KARIYABE SONANDRU, MALADY POST
     DAKSHINA KANNADA-574 224

8.   K. MAHABALA
     S/O SUNDARA POOJARY
     AGED ABOUT 46 YEARS
     R/O NO.3-170-1, PUNJALAKATTE
     PURIYA HOSUE, MALADY
     DAKSHINA KANNADA-574 224

9.   KANTHAPPA GOWDA
     S/O VASU GOWDA
     AGED ABOUT 65 YEARS
     R/O 2-44, HATTATHODY HOUSE
     SHREELAXMI KRIPA, BELTHANGADY
     DAKSHINA KANNADA-574 224

10. GOPALAKRISHNA K
    S/O DOMBA
    AGED ABOUT 45 YEARS
    R/O NO.1-176, KUKKALA HOUSE
    KUKKALA, DAKSHINA KANNADA-574 223

11   SURESH S
     S/O S. RAVI POOJARY
     AGED ABOUT 41 YEARS
     R/O NO.2-280, SONANDOOR HOUSE
     BELTHANGADY TALUK, MALADY
     DAKSHINA KANNADA-574 224

12. GANESHA MOOLYA
    S/O ANILADE
    AGED ABOUT 54 YEARS
    R/O PUNJALA KATTE, BELTHANGADY
    KUKKALA
    DAKSHINA KANNADA-574 233

13. SHASHIPRABHA
    W/O CHANDRASHEKHARA
    AGED ABOUT 28 YEARS
    R/O NO.2-129, KUNJATHODI HOUSE
                          - 30 -
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                                      WP No. 32145 of 2024


    BELTHANGADY TALUK, KUKKALA
    DAKSHINA KANNADA-574 224

14. KISHOR KUMAR
    S/O APPAYYA BHANDARI
    AGED ABOUT 48 YEARS
    R/O MOODAYUR, MALADI POST
    BELTHANGADI, PARENKY
    DAKSHINA KANNADA-574 224

15. PURUSHOTHAMA SHETTY
    S/O NARAYANA SHETTY
    AGED ABOUT 62 YEARS
    R/O UTTHAM HOUSE, SONANDOOR
    MALADY
    DAKSHINA KANNADA-574 224


16. PUSHPARAJA
    S/O SHRIDHARA HEDGE
    AGED ABOUT 57 YEARS
    R/O NO.3-88/1, SHREE CHANDANA
    KOLPEDABAILU GUTHU
    MALADY, MADANTHYAR
    DAKSHINA KANNADA-574 224

                                        ...RESPONDENTS

(BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R3;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
    SRI. RAJARAM SURYAMBAIL, ADVOCATE FOR R4;
    SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R5 TO R16)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING RESPONDENT NOS. 3 AND 4 TO INCLUDE THE
NAMES OF THE PETITIONERS IN THE LIST OF ELIGIBLE
VOTERS FOR THE ELECTION TO BE HELD ON 01/12/2024
WHICH IS PUBLISHED VIDE ANNEXURE-A IN SO FAR AS
                          - 31 -
                                          NC: 2025:KHC:3979
                                      WP No. 32132 of 2024
                                  C/W WP No. 32061 of 2024
                                      WP No. 32145 of 2024


THE PETITIONERS ARE CONCERNED.

IN WP NO. 32145/2024

BETWEEN:

1.   MR NAVEEN PINTO
     S/O LATE PELLIGE PAINTO
     AGED 43 YEARS
     PARENKI VILLAGE, MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574224.
     MEMBERSHIP NO 5214

2.   REEMA COLLEN D'SLIVA
     W/O MR.NAVEEN PINTO
     AGED 35 YEARS
     PARENKI VILLAGE, MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574224
     MEMBERSHIP NO 5218.

3.   MR.ABDUL HAMEED
     S/O SHEKHAB
     AGED 41 YEARS
     MALADI VILLAGE, MADANTHYAR POST,
     BELTHANGADY TALUK-
     DAKSHINA KANNADA 574224.
     MEMBERSHIP NO 1656.

4.   MRS.JULIAN ANDRADE
     W/O JOSH PHILIP ANDRADE
     AGED 37 YEARS
     PARENKI VILLAGE, MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA-574224
     MEMBERSHIP NO 2556

5.   MRS. IRANADI KOSTHA
     W/O MR.CHATHRADI KOSTHA
     AGED 38 YEARS
     PALLAKE JANATHA COLONY,
                          - 32 -
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     MADANTHYAR POST,
     BELTHANGADY TALUK,
     DAKSHINA KANNADA 574224.
     MEMBERSHIP NO 2837.

6.   MRS. ISAMMA
     W/O ISAMAIL
     AGED 39 YEARS
     SHAKTHI NAGAR, MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA 574224
     MEMBERSHIP NO 2875

7.   MRS. PHILOMINA PINTO
     W/O MR.PHILCO MESKRO
     AGED 33 YEARS
     MALADI VILLAGE, MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA 574224
     MEMBERSHIP NO 3024

8.   MRS.LAVINA MORAS
     W/O MR.PHILCO MORAS
     AGED 38 YEARS
     MALADI VILLAGE,
     MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA 574224.
     MEMBERSHIP NO 2888

9.   MRS. ELPIN VEGAS
     W/O MR.VELLERIAN
     AGED 35 YEARS
     MALADI VILLAGE, MADANTHYAR POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA 574224.
     MEMBERSHIP NO 3108

10. MR. WALTER MIRANDA
    S/O MR. VALERIAN MIRANDA
    AGED 43 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
                         - 33 -
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    BELTHANGADY TALUK
    DAKSHINA KANNADA 574224
    MEMBERSHIP NO 3256

11. MRS. EIRON MORAS
    W/O MR.ANTONY MORAS
    AGED 39 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3270.

12. MRS.RAHMEETH
    S/O MR.MOHAMMED ALI
    AGED 48 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 4072

13. MRS. NOOR JAHA MOHAMMED BASHIR
    W/O MR.MOHAMMED BASHIR
    AGED 37 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    . MEMBERSHIP NO 4424.

14. MRS.ZAINABA
    W/O MR.IBRAHIM SHAREEF
    AGED 42 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 4667

15. MRS. SUMAYA
    W/O MR.SHADIK
    AGED 36 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
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    MEMBERSHIP NO 4712

16. MR. SULAIMAN SAHEEB
    S/O MR. YUKOOB SAHEEB
    AGED 44 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 5023

17. MRS.THAHIRA
    W/O MR.IBRAHIM
    AGED 43 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 5199

18. MRS.SHAMEMATHA.B.M
    W/O MR.MOHAMMED MANSOOR
    AGED 46 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 5338

19. MISS.SALOPHAR PARVEEN
    D/O MR. HASAIN SAHEEB
    AGED 32 YEARS
    SHAKTHINAGAR, MALADI VILLAGE,
    MADANTHYAR POST, BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 5741

20. MRS. VIJAYA NOOR POOTRADO
    W/O MR. ALWIN POOTRADO
    AGED 37 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 5769
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21. MRS.HEMAVATHI. P
    W/O MR.CHINKRA POOJARI
    AGED 35 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 2596

22. MRS.SHASHIKALA
    W/O MR.ADAPPA SHETTY
    AGED 38 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 2931.
23. MRS. MEENA D'SOUZA
    W/O MR.VALERIAN MORAS
    AGED 48 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 2971.

24. MR.VALTTER MIRANDA
    S/O MR.VALERIAN MORAS
    AGED 26 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3256.

25. MRS.ANITHA VEGAS
    W/O MALVERN VEGAS
    AGED 34 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3387

26. MR.RAFIQ
    S/O MR.ISABH
    AGED 38 YEARS
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    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3570.

27. MR.HAMEED KUJUNA
    S/O YUKOOB
    AGED 42 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3782.

28. MRS. YELIJA SHANTHI LOBO
    S/O ROBERT SELVISTER D'SOUZA
    AGED 39 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3811

29. MRS.SISILIYA LOBO
    W/O ALEXANDER PAYIS
    AGED 41 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3810.

30. MR.SAHIK HAMAD
    S/O ABDUL RAHEEMAN
    AGED 26 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 3503.

31. MRS.SUSHILA
    W/O KRISHNAPPA
    AGED 45 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
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     DAKSHINA KANNADA 574224.
     MEMBERSHIP NO 4593.

32. MR.JUNAID
    S/O ABDUL HAMEED
    AGED 41 YEARS
    MALADI VILLAGE, MADANTHYAR POST,
    BELTHANGADY TALUK-
    DAKSHINA KANNADA 574224.
    MEMBERSHIP NO 4948.
                                       ...PETITIONERS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
    SRI. VENKATESH SOMAREDDI, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY SECRETARY
     DEPARTMENT OF CO-OPERATION
     M.S.BUILDING
     BENGALURU- 560001

2.   THE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, SHANTI NAGAR
     TTMC A BLOCK,
     K.H.ROAD, SHANTI NAGARA
     BENGALURU-560027
     REPRESENTED BY SECRETARY

3.   RETURNING OFFICER AND ASSISTANT
     REGISTRAR OF CO-OPERATIVE SOCIETIES
     DAKSHINA KANNADA DISTRICT
     JANTA BAZAR, 1ST FLOOR
     GANAPATHI HIGH SCHOOL ROAD
     MANGALORE 575003

4.   MADANTYARU PRIMARY AGRICULTURAL
     CO-OPERATIVE SOCIETY,
     MADANTHYARU POST,
     BELTHANGADY TALUK
     DAKSHINA KANNADA 574224
     REPRESENTED BY IT'S
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     CHIEF EXECUTIVE OFFICER

     CO-OPERATIVE SOCIETY REGISTERED
     UNDER KCS ACT, 1959

5.   JOEL E MENDONCA
     S/O ALBERT MENDONCA
     AGED ABOUT 38 YEARS
     R/O NO.2/25, ALMA COTTAGE
     ASHADEEP CHURCH ROAD
     MALADI, MADANTHYAR
     DAKSHINA KANNADA-574 224

6.   AMITA PRIYA LOBO
     W/O CLIFFORD D SOUZA
     AGED 36 YEARS
     R/O NO.1-45(1), LOVE NEST
     CONVENT ROAD, 2ND RIGHT CROSS
     KAKKEKADU, BELTHANGADY TALUK
     MANDANTHYAR, BELTHANGADY
     DAKSHINA KANNADA-574 224

7.   DHANALAXMI
     C/O CHANDRASHEKARA
     AGED ABOUT 46 YEARS
     R/O NO.2-250/3, SHIVAGIRI NIVASA
     KARIYABE SONANDRU, MALADY POST
     DAKSHINA KANNADA-574 224

8.   K. MAHABALA
     S/O SUNDARA POOJARY
     AGED ABOUT 46 YEARS
     R/O NO.3-170-1, PUNJALAKATTE
     PURIYA HOSUE, MALADY
     DAKSHINA KANNADA-574 224

9.   KANTHAPPA GOWDA
     S/O VASU GOWDA
     AGED ABOUT 65 YEARS
     R/O 2-44, HATTATHODY HOUSE
     SHREELAXMI KRIPA, BELTHANGADY
     DAKSHINA KANNADA-574 224
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10. GOPALAKRISHNA K
    S/O DOMBA
    AGED ABOUT 45 YEARS
    R/O NO.1-176, KUKKALA HOUSE
    KUKKALA, DAKSHINA KANNADA-574 223

11   SURESH S
     S/O S. RAVI POOJARY
     AGED ABOUT 41 YEARS
     R/O NO.2-280, SONANDOOR HOUSE
     BELTHANGADY TALUK, MALADY
     DAKSHINA KANNADA-574 224

12. GANESHA MOOLYA
    S/O ANILADE
    AGED ABOUT 54 YEARS
    R/O PUNJALA KATTE, BELTHANGADY
    KUKKALA
    DAKSHINA KANNADA-574 233

13. SHASHIPRABHA
    W/O CHANDRASHEKHARA
    AGED ABOUT 28 YEARS
    R/O NO.2-129, KUNJATHODI HOUSE
    BELTHANGADY TALUK, KUKKALA
    DAKSHINA KANNADA-574 224

14. KISHOR KUMAR
    S/O APPAYYA BHANDARI
    AGED ABOUT 48 YEARS
    R/O MOODAYUR, MALADI POST
    BELTHANGADI, PARENKY
    DAKSHINA KANNADA-574 224

15. PURUSHOTHAMA SHETTY
    S/O NARAYANA SHETTY
    AGED ABOUT 62 YEARS
    R/O UTTHAM HOUSE, SONANDOOR
    MALADY
    DAKSHINA KANNADA-574 224
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16. PUSHPARAJA
    S/O SHRIDHARA HEDGE
    AGED ABOUT 57 YEARS
    R/O NO.3-88/1, SHREE CHANDANA
    KOLPEDABAILU GUTHU
    MALADY, MADANTHYAR
    DAKSHINA KANNADA-574 224

                                      ...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R3;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
    SRI. RAJARAM SURYAMBAIL, ADVOCATE FOR R4;
    SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R5 TO R16)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R-3 AND 4 TO INCLUDE THE NAMES OF
THE PETITIONER IN THE LIST OF ELIGIBLE VOTERS FOR
THE ELECTION TO BE HELD ON 1.12.2024 WHICH IS
PUBLISHED VIDE ANNX-A DTD 27.09.2024 BEARING NO.
DRP/ELECTION AA MAM CHU NOTIFICATION 04/2024-25 BY
R-3 IN SO FAR AS PETITIONER CONCERNED.



     THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:



CORAM:   HON'BLE MRS JUSTICE K.S. HEMALEKHA
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                         ORAL ORDER

Petitioners in all the petitions are seeking to direct

respondent Nos.3 and 4 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.4 which was scheduled to be held on 01.12.2024.

2. This Court, by way of interim arrangement on

29.11.2024, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 01.12.2024

to the Board of Directors of respondent No.4-society

subject to the final outcome of these writ petitions.

3. The challenge in these writ petitions 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:

- 42 -

NC: 2025:KHC:3979

"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.-

- 43 -

NC: 2025:KHC:3979

(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.

- 44 -

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(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy.

v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.

(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.-

(a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;

(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;

(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election;

- 45 -

NC: 2025:KHC:3979

(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

- 46 -

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represent the society in the case of a member society,

and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election.

(6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5).

(7) The final electoral roll shall consist of the following,-

(a) all the individual members with right to vote in respect of a primary co-operative society; or

(b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or

- 47 -

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(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."

- 48 -

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5. The case of the petitioners is that the

petitioners have paid all membership/share holders due to

respondent No.4-society and attended all the annual

general body meetings, in spite of which respondent No.4-

society have dropped the petitioners from the eligible

voters list and the provisions of Rule 13-D of KCS Rules,

1960 is overlooked by respondent No.4-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

- 49 -

NC: 2025:KHC:3979

"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

- 50 -

NC: 2025:KHC:3979

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:

- 51 -

NC: 2025:KHC:3979

(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

- 52 -

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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.

- 53 -

NC: 2025:KHC:3979

(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

- 54 -

NC: 2025:KHC:3979

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

- 55 -

NC: 2025:KHC:3979

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 these petitions 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

petitions need 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 01.12.2024 to the Board of

Directors of respondent No.4-society and shall

announce the results. votes cast by the petitioners

shall not be counted for announcement of the

results.

- 56 -

NC: 2025:KHC:3979

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.4-

society.