Karnataka High Court

Sri M Shankar Kharvi vs The State Of Karnataka on 31 January, 2025

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                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 31ST DAY OF JANUARY, 2025

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                             WRIT PETITION NO. 35406 OF 2024 (CS-EL/M)

                      BETWEEN:

                      1.   SRI M SHANKAR KHARVI
                           S/O M S SHESHA,
                           AGED ABOUT 55 YEARS,
                           SHRI GANESH
                           MARAVANTHE VILLAGE AND POST,
                           BYNDOOR TALUK, UDUPI-576224,
                           MEMBERSHIP NO.129,

                      2.   SRI. G RAMAKRISHNA KHARVI,
                           S/O MACHA KHARVI,
                           AGED ABOUT 59 YEARS,
                           GADDE MANE MARAVANTHE
                           MARAVANTHE VILLAGE AND POST,
                           BYNDOOR TALUK, UDUPI-576224,
                           MEMBERSHIP NO.182,

                      3.   SMT. NAGAMMA SHEDTHI,
                           W/O SUBBANNA SHETTY,
Digitally signed by        AGED ABOUT 57 YEARS,
MAHALAKSHMI B M            ANGADI MAKKI MARAVANTHE,
Location: HIGH             MARAVANTHE VILLAGE AND POST,
COURT OF                   BYNDOOR TALUK, UDUPI-576224
KARNATAKA
                           MEMBERSHIP NO.198,

                      4.   SRI. SANJEEVA SHETTY,
                           S/O SUBBANNA SHETTY,
                           AGED ABOUT 51 YEARS,
                           MARAVANTHE VILLAGE AND POST,
                           BYNDOOR TALUK, UDUPI-576224,
                           MEMBERSHIP NO.239

                      5.   SRI. G ANANDA,
                           S/O NARAYANA KHARVI,
                           AGED ABOUT 41 YEARS,
                           GADDE MANE MARAVANTHE,
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      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.241

6.    SRI. K M DURGA,
      S/O K M MUDURA,
      AGED ABOUT 52 YEARS,
      MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.334

7.    SMT. SUSHILA A BILLAVA
      W/O.M. ANNAPPA BILLAVA,
      AGED ABOUT 47 YEARS,
      NAVACHETHANA SADANAMARGA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.397,

8.    SMT. M GIRIJA,
      W/O.ANANDA GANIGA
      AGED ABOUT 49 YEARS,
      SUNKADA KOTE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.398,

9.    SRI. SHRIDHARA SHENOY,
      S/O.KRISHNAPPAYYA SHANBHAG,
      AGED ABOUT 39 YEARS,
      MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.436

10.   SRI. M LINGA BHATT,
      S/O. SHESHA BHAT,
      AGED ABOUT 62 YEARS,
      MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.446,

11.   SRI. RAMAKRISHNA ACHARY,
      S/O. GANAPAYYA ACHARY,
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      AGED ABOUT 38 YEARS,
      MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.457,

12.   SRI. SHIVARAMA ACHARI
      S/O.SHESHA ACHARI,
      AGED ABOUT 62 YEARS,
      HANABINAMAKKI MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.465

13.   SRI. CHANDRA M KHARVI
      S/O.GOVINDA KHARVI,
      AGED ABOUT 53 YEARS,
      BAIRAMMANA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.521,

14.   SRI. SHEKHAR KUNDAR
      S/O.MUDURA KUNDAR,
      AGED ABOUT 57 YEARS,
      BANSALI MANE SUSHMA NIVAS MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.633,

15.   SRI. MOHAN HEBBAR,
      S/O.SANNAYYA HEBBAR,
      AGED ABOUT 53 YEARS,
      HADI HEBBAR MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.644,

16.   SRI. BABU MADIVALA,
      S/O.RAMA MADIVALA,
      AGED ABOUT 52 YEARS,
      MADIVALARA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.645
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17.   SRI. RAVI MADIVALA,
      S/O.NANDI MADIVALA,
      AGED ABOUT 47 YEARS,
      MADIVALARA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.659,

18.   SRI. BHASKAR SHETTY,
      S/O.SUBBANNA SHETTY,
      AGED ABOUT 48 YEARS,
      ANGADI MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.683,

19.   SRI. K M PURUSHOTTHAMA,
      S/O GOVINDA KHARVI,
      AGED ABOUT 52 YEARS,
      K M MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.706

20.   SRI. SHRIDHAR PRASAD,
      S/O SHESHA KHARVI,
      AGED ABOUT 47 YEARS,
      LAXMI PRASAD, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.711,

21.   SRI. RAMA KHARVI,
      S/O GOVINDA KHARVI,
      AGED ABOUT 51 YEARS,
      BALSALU MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.723,

22.   SRI. NARAYANA KHARVI,
      S/O KANNA KHARVI,
      AGED ABOUT 47 YEARS,
      ASHIRVAD, JAKKANKATTE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
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      MEMBERSHIP NO.724

23.   SRI LAXMAN KHARVI
      S/O MACHA KHARVI,
      AGED ABOUT 37 YEARS,
      GANGANA MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.729

24.   SRI CHANDRASHEKHAR SHETTY
      S/O MUTTHAYYA SHETTY,
      AGED ABOUT 61 YEARS,
      GANESH NILAYA, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.749

25.   SMT. K M RADHA,
      W/O KRISHNA K M,
      AGED ABOUT 51 YEARS
      K M MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.750

26.   SRI CHANDRAGUPTA KHARVI
      S/O PURUSHOTTHAMA KHARVI,
      AGED ABOUT 46 YEARS,
      MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.752

27.   SRI SHEKHAR BILLAVA
      S/O THIMMAPPA POOJARI,
      AGED ABOUT 47 YEARS
      KALITHLU, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.753

28.   SRI MANJUNATHA KHARVI
      S/O RAMA KHARVI,
      AGED ABOUT 56 EYARS
      BHANDARI MANE, MARAVANTHE,
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      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.800

29.   SRI GOPALA SHETTY
      S/O RAMAYYA SHETTY,
      AGED ABOUT 63 YEARS
      ANGADI MAKKI, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.812

30.   SRI RAMA KHARVI
      S/O MARLI KHARVI,
      AGED ABOUT 62 YEARS
      BHOOTHAKKI MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.823

31.   SRI PARAMESHWARA KHARVI
      S/O MACHA KHARVI,
      AGED ABOUT 54 YEARS
      GANDHI NAGARA, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.828

32.   SRI CHANDRA KHARVI
      S/O MANJA KHARVI,
      AGED ABOUT 47 YEARS
      CHANDU MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.838

33.   SRI BHASKARA KHARVI
      S/O DARA KHARVI,
      AGED ABOUT 42 YEARS
      GANGA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.851

34.   SRI UDAYA
      S/O VASU MOGAVEERA,
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      AGED ABOUT 47 YEARS
      UGRANI MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.875

35.   SMT. SURYAKALA
      W/O SHRIDHARA
      AGED ABOUT 48 YEARS
      GANESH NILAYA,
      SEA LAND HATTIRA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.887

36.   SRI SUKRA KHARVI
      S/O SUBBA KHARVI,
      AGED ABOUT 46 YEARS
      BULLANA MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.908

37.   SMT. VEDHAVATHI
      W/O NARAYANA KHARVI,
      AGED ABOUT 52 YEARS
      JANATHA COLONY, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.919

38.   SRI NAGA KHARVI
      S/O HONNA KHARVI,
      AGED ABOUT 56 YEARS
      KARIKANNA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.926

39.   SRI SOMAYYA KHARVI
      S/O SUBBAYYA KHARVI,
      AGED ABOUT 49 YEARS
      CHALLU MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
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      MEMBERSHIP NO.928

40.   SRI NAGAPPA KHARVI
      S/O SUBBAYYA KHARVI,
      AGED ABOUT 57 YEARS
      CHALLU MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.929

41.   SMT. JYOTHI
      D/O SHESHI,
      AGED ABOUT 47 YEARS
      MALAGADDE MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.947

42.   SRI BABU KHARVI
      S/O KUPPA KHARVI,
      AGED ABOUT 46 YEARS
      PATKAR MANE, JANATHA COLONY, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.963

43.   SRI KRISHNA MOGAVEERA
      S/O SEETHU
      AGED ABOUT 51 YEARS
      GURUVAMMANA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO 965.

44.   SMT. SHANTHA
      W/O KRISHNA KHARVI,
      AGED ABOUT 51 YEARS
      ANUGRAHA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST
      BYNDOOR TALUK, UDUPI - 576 224
      MEMBERSHIP NO.1007

45.   SRI. KESHAVA KHARVI,
      S/O MARLI HENGSU,
      AGED ABOUT 54 YEARS,
      DARANA MANE, MARAVANTHE
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      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1022,

46.   SMT. SUSHILA KHARVI,
      W/O PRABHAKARA KHARVI,
      AGED ABOUT 47 YEARS,
      ANUGARAHA, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1036,

47.   SRI. RAJESH ACHARI,
      S/O NARASIMHA ACHARI,
      AGED ABOUT 48 YEARS,
      NADUBETTU MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1039,

48.   SRI. MAHESH KHARVI
      S/O RAMA KHARVI,
      AGED ABOUT 46 YEARS,
      BEERAMMA ANUGARAHA, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1059,

49.   SRI. SHANKAR KHAVI,
      S/O NAGAMMA KHARVI,
      AGED ABOUT 51 YEARS,
      VAYINA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1062,

50.   SRI. SUBRAYA ACHARI
      S/O MAHABALA ACHARI,
      AGED ABOUT 48 YEARS,
      NADUBETTU MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1067,

51.   SRI. BHASKAR KHARVI,
      S/O SUBBA KHARVI,
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      AGED ABOUT 46 YEARS,
      THODU MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1077,

52.   SRI. DURGA KHARVI,
      S/O KUPPA KHARVI,
      AGED ABOUT 46 YEARS,
      ANNAPPANA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1084,

53.   SRI. VASU KHARVI,
      S/O DHURGA KHARVI,
      AGED ABOUT 49 YEARS,
      KARIKANNA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1095,

54.   SRI. MADHUKARA ACHARI,
      S/O KRISHNAPPAYYA ACHARI,
      AGED ABOUT 48 YEARS,
      NADUBETTU MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1101,

55.   SRI. RAMA ACHARI,
      S/O DARA ACHAR,
      AGED ABOUT 67 YEARS,
      MOODU MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1103,

56.   SRI.JAGANNATHA KHARVI,
      S/O KAMALA,
      AGED ABOUT 51 YEARS,
      BAIRAMMA PRASAD MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1112,
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57.   SRI. JAGADISH KHARVI,
      S/O M S KHARVI,
      AGED ABOUT 48 YEARS,
      NISHANTH NIVASA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1124,

58.   SMT. DEVAKI,
      W/O GANESH BHANDARI,
      AGED ABOUT 44 YEARS,
      MARASWAMI MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1148,

59.   SRI. SUDHAKARA,
      S/O MACHA KHARVI,
      AGED ABOUT 46 YEARS,
      GANGANA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1174,

60.   SRI. RAMESH MOGAVEERA,
      S/O MALINGA MOGAVEERA,
      AGED ABOUT 48 YEARS,
      GANDHI NAGARA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1175,

61.   SMT. SINGARI SHEDTHI,
      D/O CHANDRAMMA SHEDTHI,
      AGED ABOUT 51 YEARS,
      ANGADI MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1194,

62.   SRI. RAMACHANDRA KHARVI,
      S/O NARAYANA KHARVI,
      AGED ABOUT 54 YEARS,
      BULLANA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
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      MEMBERSHIP NO.1234,

63.   SRI. RAMACHANDRA KHARVI,
      S/O GOVINDA KHARVI,
      AGED ABOUT 52 YEARS,
      GADI MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1244,

64.   SRI. CHANDRASHEKAR KHARVI,
      S/O NARAYANA KHARVI,
      AGED ABOUT 47 YEARS,
      ANANTHANA MANE GANDHI NAGARA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1251,

65.   SRI KRISHNADAS
      S/O SHRINIVAS DAS
      AGED ABOUT 54 YEARS,
      DASARA MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1284,

66.   SRI.K M MANJUNATH,
      S/O MUDURA K M KHARVI,
      AGED ABOUT 47 YEARS,
      KEMU MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1302,

67.   SRI. BABU POOJARI,
      S/O SUBBAYYA POOJARI,
      AGED ABOUT 48 YEARS,
      CHOUDI MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1322,

68.   SRI. MOHAN KHARVI,
      S/O SUBBA KHARVI,
      AGED ABOUT 46 YEARS,
      KUPPANA MANE NITHYANANDA KRUPA MARAVANTHE,
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      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1331

69.   SRI. MAHENDRA KHARVI,
      S/O SUKRA KHARVI,
      AGED ABOUT 51 YEARS,
      BHADARI MANE MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1334,

70.   SRI. RATHNAKAR MOGAVEERA,
      S/O GOVINDA MOGAVEERA,
      AGED ABOUT 48 YEARS,
      SHEE RAMA BHAJANA MADIRA MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1338,

71.   SRI. SANTHOSH M KHARVI,
      S/O MARLI KHARVI,
      AGED ABOUT 46 YEARS,
      NISHNATH NIVASA, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1341,

72.   SRI. GANESH KHARVI
      S/O SUBBA KHARVI,
      AGED ABOUT 46 YEARS,
      THODU MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1351,

73.   SRI. SRIKRISHNA KHARVI
      S/O PURUSHOTTHAMA KHARVI,
      AGED ABOUT 45 YEARS,
      KARIKANNA MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1371,

74.   SMT. SUSHILA
      W/O KOTI POOJARI,
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      AGED ABOUT 48 YEARS,
      MAKKI GADDE MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1377,

76.   SRI. DHARAMARAJ
      S/O PADMAVANTHI
      AGED ABOUT 51 YEARS,
      AKSAL HITHLU, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1418

77.   SRI. NARASIMHA KHARVI
      S/O RAMA KHARVI
      AGED ABOUT 48 YEARS,
      PAYASARA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1423,

78.   SRI. RATHNAKARA KHARVI
      S/O NARAYANA KHARVI
      AGED ABOUT 44 YEARS,
      BHANDARI MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1429,

79.   SRI. DHANANJAYA KHARVI
      S/O NARAYANA KHARVI,
      AGED ABOUT 46 YEARS,
      BHANDARI MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1430,

80.   SRI. LOKESH KHARVI,
      S/O KRISHNA KHARVI
      AGED ABOUT 48 YEARS,
      TULASI NILAYA, PAYASARA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1432,
                            - 15 -
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                                     WP No. 35406 of 2024




81.   SRI. BHASKAR KHARVI
      S/O RAMA KHARVI
      AGED ABOUT 51 YEARS,
      PAYASARA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224,
      MEMBERSHIP NO.1437.

82.   SRI. SHANKAR KHARVI
      S/O RAMA KHARVI
      AGED ABOUT 54 YEARS,
      ANNAPPANA MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1463,

83.   SRI. RANJITHA
      S/O MUTTHAYYA POOJARI
      AGED ABOUT 52 YEARS,
      CHOUDI MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1468,

84.   SRI. UMESH KHARVI
      S/O RAMA KHARVI
      AGED ABOUT 47 YEARS,
      RAGHAVENDRA NILAYA,
      KARIKANNANA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1475,

85.   SRI. ASHOK KHARVI
      S/O RAMA KHARVI
      AGED ABOUT 48 YEARS,
      ASHOKA NILAYA, BHATKANA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1478,

86.   SRI. MOHAN POOJARI,
      S/O SHEENA POOJARI,
      AGED ABOUT 46 YEARS,
      DYASTHARA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
                            - 16 -
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                                     WP No. 35406 of 2024




      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1482,

87.   SRI. MANJUNATH KHARVI
      S/O NANDU KHARVI
      AGED ABOUT 46 YEARS,
      BATHANI MANE, JANATHA COLONY, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1505

88.   SRI. GANESH MOGAVEERA
      S/O SHANKARA MOGAVEERA
      AGED ABOUT 49 YEARS,
      SRI. BHOODEVI NILAYA, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1506

89.   SUKRA KHARVI
      S/O MANJA KAHARVI
      AGED ABOUT 48 YEARS,
      CHANDU MANE, MARAVANTHE
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1507

90.   SRI. ANNAPPA R K
      S/O RAMA KHARVI
      AGED ABOUT 67 YEARS
      SRINIDHI MEENUGARIKA ROAD, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1541

91.   SRI. RAJENDAR
      S/O GANAPA KHARVI
      AGED ABOUT 51 YEARS,
      ATTAYYANA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1542

92.   SRI. MAHABALA
      S/O SUBBA KHARVI
      AGED ABOUT 48 YEARS,
      COMPANY MANE, MARAVANTHE
                              - 17 -
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                                      WP No. 35406 of 2024




      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1547

93.   SRI. SHIVUDAS KAHARVI
      S/O MARLA KHARVI
      AGED ABOUT 44 YEARS,
      KUPPANA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1549

94.   SRI. KISHAN KUAMR H
      S/O SHRINIVASA POOJARI H
      AGED ABOUT 46 YEARS,
      YAKESHESHWARI TEMPLE, NEAR MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1551

95.   SMT. GIRIJA
      W/O CHANDRASHEKHARA KHARVI
      AGED ABOUT 48 YEARS,
      NIRONI, VAISHNAVI ANUGARAHA, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1560

96.   SRI. SATHISH KHARVI
      S/O NARAYANA KHARVI
      AGED ABOUT 51 YEARS,
      KARIKANNA MANE, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1567

97.   SMT. SHYAMALA
      W/O ANNAPPA R K
      AGED ABOUT 54 YEARS,
      SHRINIDHI, MARAVANTHE
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1573

98.   SRI. RAGHURAM SHETTY
      S/O SUBBANNA SHETTY
                            - 18 -
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                                     WP No. 35406 of 2024




      AGED ABOUT 52 YEARS,
      ANGADI MAKKI, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1584

99.   SRI. NANDARAJA
      S/O NAGA KHARVI,
      AGED ABOUT 47 YEARS,
      KHATHANA MANE, MARAVANTHE,
      MARAVANTHE VILLAGE AND POST,
      BYNDOOR TALUK, UDUPI-576224
      MEMBERSHIP NO.1585,

100. SRI. HIRANYA KHARVI
     S/O PURUSHOTTHAM KHARVI,
     AGED ABOUT 54 YEARS,
     KARAVALI MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1614,

101. SRI. GOVINDA KHARVI,
     S/O PANDU
     AGED ABOUT 38 YEARS,
     NAIKADI, PANDU MANE, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1619

102. SMT. SHARADA
     W/O SUKRA KHARVI
     AGED ABOUT 47 YEARS,
     BHANDARI MANE, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1622

103. SRI. KRISHNA KHARVI
     S/O NAGA KHARVI
     AGED ABOUT 48 YEARS,
     AJJAMMANA MANE, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1623,
                           - 19 -
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                                     WP No. 35406 of 2024




104. SMT. SHANTHI
     W/O RAVI MADIVALA
     AGED ABOUT 46 YEARS,
     MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1630,

105. SRI. HARISHA
     S/O SHEENA POOJARI
     AGED ABOUT 51 YEARS,
     APARHITHLU, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1639

106. SRI. PANIRAJA
     S/O M. SHRIDHAR PRASAD,
     AGED ABOUT 48 YEARS,
     SHRILAXMI GANESH, MARAVANTHE,
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224,
     MEMBERSHIP NO.1656,

107. SMT. VASANTHI
     D/O RAMAYYA SHETTY
     AGED ABOUT 46 YEARS,
     SUNKADA KOTE, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1667,

108. SRI. KARUNAKARA,
     S/O VENKATA KHARVI
     AGED ABOUT 46 YEARS,
     GADI MANE, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.1669,

109. SRI. KARUNAKARA
     S/O RANGAPPA ACHARYA
     AGED ABOUT 45 YEARS,
     SNEHA NILAYA, MOODU MANE, MARAVANTHE,
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
                           - 20 -
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                                     WP No. 35406 of 2024




     MARAVANTHE VILLAGE AND POST,
     MEMBERSHIP NO.1670,

110. SRI. PADMANABHA
     S/O MANJA KHARVI
     AGED ABOUT 48 YEARS,
     PATKAR MANE, MARAVANTHE,
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224,
     MEMBERSHIP NO.1672,

111. SMT. GIRIJA
     D/O SUBBAYYA SHETTY
     AGED ABOUT 67 YEARS,
     ERUKONE, HADI MANE, MARAVANTHE
     MARAVANTHE VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576224
     MEMBERSHIP NO.672,

112. SRI. RAMA NAIK
     S/O MANJA NAIK
     AGED ABOUT 51 YEARS,
     SIDDU MANE, ALAHAGADDE HEROOR
     HEROOR VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576219,
     MEMBERSHIP NO.667

113. SRI. NAGA NAIK,
     S/O MUKU HENGSU,
     AGED ABOUT 48 YEARS,
     MAKKI MANE, ALAGADDE KERE, HEROOR
     HEROOR VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576219,
     MEMBERSHIP NO.637,

114. SMT. TUNGA,
     W/O NARAYANA NAIK
     AGED ABOUT 44 YEARS,
     SIDDU MANE, HEROOR
     HEROOR VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576219,
     MEMBERSHIP NO.730,

115. SMT. CHANDU POOJARTHI
     W/O PANJU POOJARTHI,
     AGED ABOUT 46 YEARS,
                              - 21 -
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                                       WP No. 35406 of 2024




       KOTI MANE, YERUKONE, HEROOR
       HEROOR VILLAGE AND POST,
       BYNDOOR TALUK, UDUPI-576219,
       MEMBERSHIP NO.752.

116. SRI. BABU NAIK
     S/O BACCHU NAIK,
     AGED ABOUT 48 YEARS,
     SIDDU MANE, HEROOR
     HEROOR VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576219,
     MEMBERSHIP NO.784,

117. SMT. GIRIJAMMA SHEDTHI
     W/O SHEENAPPA SHETTY,
     AGED ABOUT 51 YEARS,
     KOTIGADDE, YERUKONE, HEROOR
     HEROOR VILLAGE AND POST,
     BYNDOOR TALUK, UDUPI-576219,
     MEMBERSHIP NO.793,

                                                 ...PETITIONERS
(BY SRI. SHIVARAMA D.A., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF CO-OPERATION,
       M.S BUILDING, DR. B.R AMBEDKAR VEEDHI,
       BENGALURU-560001.
       REPRESENTED BY ITS PRINCIPAL SECRETARY.

2.     THE STATE CO-OPERATIVE ELECTION AUTHORITY,
       3RD FLOOR, TTMC A BLOCK, K.H. ROAD,
       SHANTINAGAR, BANGALORE-560027
       REPRESENTED BY ITS SECRETARY

3.     THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
       UDUPI DISTRICT, A BLOCK,
       RAJATADRI, MANIPAL, UDUPI-576104.

4.     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
       KUNDAPURA SUB-DIVISION
       KUNDAPURA TALUK
       UDUPI DISTRICT-576201.
                                  - 22 -
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                                             WP No. 35406 of 2024




5.   MARAVANTHE BADAKERE VYAVASA SEVA
     SAHAKARI SANGA NIYAMITHA,
     NAVUNDA, BYNDOOR TALUK,
     UDUPI-576230,
     REP BY ITS CHIEF EXECUTIVE OFFICER,
     (SOCIETY REGISTERED UNDER THE
     KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)

6.   THE RETURNING OFFICER,
     MARAVANTHE BADAKERE VYAVASA SEVA
     SAHAKARI SANGA NIYAMITHA,
     NAVUNDA, BYNDOOR TALUK,
     UDUPI-576230
     (SOCIETY REGISTERED UNDER THE
     KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)

                                                     ...RESPONDENTS

(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2 AND R6;
SRI. A. MOHAMMED TAHIR, ADVOCATE FOR R5)

     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-B     AND    PERMIT    THE

PETITIONERS     TO   VOTE   IN   THE      UPCOMING   ELECTIONS   TO

RESPONDENT NO.5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON

29.12.2024.


     THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN

'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:        HON'BLE MRS JUSTICE K.S. HEMALEKHA
                              - 23 -
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                                       WP No. 35406 of 2024




                        ORAL ORDER

Petitioners in this petition are seeking to direct

respondents to include the names of the petitioners in the

eligible voters list and permit the petitioners to cast their

votes in the election of respondent No.5 which was

scheduled to be held on 29.12.2024.

2. This Court, by way of interim arrangement on

27.12.2024, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 29.12.2024

to the Board of Directors of respondent No.5-society

subject to the final outcome of this writ petition.

3. The challenge in this writ petition is on the

premise that notice under Rule 13 of the Karnataka Co-

Operative Societies Rules, 1960 ('the KCS Rules, 1960' for

short) is not issued.

4. Rule 13-D of the KCS Rules, 1960 reads as

under:

- 24 -

NC: 2025:KHC:4602

"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.-

- 25 -

NC: 2025:KHC:4602

(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.

- 26 -

NC: 2025:KHC:4602

(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;

- 27 -

NC: 2025:KHC:4602

(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

- 28 -

NC: 2025:KHC:4602

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

- 29 -

NC: 2025:KHC:4602

(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."

- 30 -

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5. The Co-Ordinate Bench of this Court in the case

of Sri. B Ganganna and others Vs. The State of

Karnataka, Department of Co Operation and others1

(B Ganganna) had given deliberate consideration to the

provisions of Rule 13-D of the KCS Rules, 1960 and

adjudication of dispute under Section 70 of the Karnataka

Co-Operative Societies Act, 1959 ('KCS Act, 1959' for

short). The Co-Ordinate Bench of this Court framed the

following points for consideration at paragraph No.9, which

reads as under:

"9. In the light of the contentions raised, the following questions arise for consideration;

(a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule

14) to redo the voters' list for violation of Rule 13-

D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters' list?

(b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960?

ILR 2024 KAR 1901

- 31 -

NC: 2025:KHC:4602

(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)

6. The Co-Ordinate Bench after giving deliberate

consideration to various judgments has held at paragraph

Nos.50 and 51 as under:

"50. For the reasons recorded, this Court concludes as under:

(a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll.

(b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election.

(c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium

- 32 -

NC: 2025:KHC:4602

(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 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

- 33 -

NC: 2025:KHC:4602

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."

7. Section 70 of the KCS Act, 1959 reads as

under:

"70. Disputes which may be referred to Registrar for decision.-(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.-

(a) among members, past members and persons claiming through members, past members and deceased members, or

(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or

- 34 -

NC: 2025:KHC:4602

(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.-

(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,

- 35 -

NC: 2025:KHC:4602

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, 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

- 36 -

NC: 2025:KHC:4602

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"

8. The plain reading of Section 70 makes it clear

that an extensive and exhaustive mechanism is provided

under the aforesaid Section and the authority under

Section 70 can decide the question on the validity of

electoral roll prepared under the Rules, 1960 and its

impact on the elections, whether the petitioners are the

eligible voters and have paid membership dues, or annual

general body meetings are attended or availed the

minimum services are all questions of fact, which have to

be decided under Section 70 of the KCS Act, 1959 and the

writ petition under Article 226 of the Constitution of India

to challenge the electoral roll, the petitioners have not

made out any exceptional case in this petition to be

entertained and the decision of the Co-Ordinate Bench of

this Court in the case of B. Ganganna as stated supra is

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NC: 2025:KHC:4602

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 29.12.2024 to the Board of

Directors of respondent No.5-society and shall

announce the results.

ii. Liberty is reserved to the petitioners or any

aggrieved party to raise objections to the validity

of the electoral by filing a Election Petition under

Section 70(2) of the KCS Act, 1959.

iii. If any dispute is raised under the provisions of

KCS Act, 1959 the authority under Section 70 of

the KCS Act, 1959 shall examine all questions

including the questions relating to the validity of

the eligible and ineligible voters list and impact of

the election to the Board of respondent No.5-

society.