Karnataka High Court

Sri H Lokesh vs State Of Karnataka on 14 March, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                           WP No. 848 of 2025
                                                      C/W WP No. 1514 of 2025




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF MARCH, 2025

                                          BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                        WRIT PETITION NO.848 OF 2025 (CS-EL/M)
                                         C/W
                        WRIT PETITION NO.1514 OF 2025 (CS-EL/M)

                   IN WP No. 848/2025

                   BETWEEN:

                   1.   SRI. S. MALLIAH
                        S/O LATE G M SIDDAPPA
                        AGED ABOUT 56 YEARS
                        MEMBER ID NO. 930,

                   2.   SRI. HARSHA H. D.
                        S/O. H. T. DEVENDRA,
                        AGED ABOUT 34 YEARS
                        MEMBER ID NO 435

                   3.   SRI. B. MURTHY
                        S/O. BELERANGAPPA
Digitally signed
by SHWETHA              AGED ABOUT 67 YEARS
RAGHAVENDRA             MEMBER ID NO 168
Location: HIGH
COURT OF
KARNATAKA          4.   SRI. VENUGOPALAIAH G V
                        S/O. G. N. VENKATARAMAIAH,
                        AGED ABOUT 75 YEARS,
                        MEMBER ID NO 544

                   5.   SMT. LALEETHAMMA
                        W/O. VENUGOPALA,
                        AGED ABOUT 60 YEARS,
                        MEMBER ID NO 473
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6.   SRI. M S. SATHEESH KUMAR
     S/O. M. N. SHADAKSHRAIHA,
     AGED ABOUT 55 YEARS,
     MEMBER ID NO 598

7.   SRI.MURALI.D.A
     S/O.LATE DODDAMALLAPPA,
     AGED ABOUT 48 YEARS,
     MEMBER ID NO 748

8.   SRI. P. NATARAJU
     S/O. PUSHKARA,
     AGED ABOUT 38 YEARS,
     MEMBER ID NO 1038

9.   SRI. K. SHIVALINGAMMA
     D/O. LATE KENCHAVEERAIAH,
     AGED ABOUT 52 YEARS,
     MEMBER ID NO 1068

10. SRI. M. PRAKASH
    S/O. LATE MAHADEVAIAH,
    AGED ABOUT 45 YEARS,
    MEMBER ID NO 1064

11. SMT. SUSHILAMMA
    D/O. LATE KENCHAVEERAIAH,
    AGED ABOUT 59 YEARS,
    MEMBER ID NO 1019

12. SRI. RANGAPPA
    S/O. LATE KEMPAIAH,
    AGED ABOUT 77 YEARS,
    MEMBER ID NO 865

13. SMT.VIJAYAKUMARI. H
    W/O. SIDDARAJU,
    AGED ABOUT 53 YEARS,
    MEMBER ID NO 1084

14. SMT.CHANDRAKALA. V
    W/O. MURALI D. A,
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    AGED ABOUT 42 YEARS,
    MEMBER ID NO 1092

15. SRI. SIDDAGANGAPPA
    S /O. LATE HONNAGANGAPPA,
    AGED ABOUT 76 YEARS,
    MEMBER ID NO 984

16. SRI. RUDRAPPA
    S/O. LATE GANGAPPA,
    AGED ABOUT 67 YEARS,
    MEMBER ID NO 916

17. SMT. S. SUSHEELA
    W/O.VEDHAMURTHY,
    AGED ABOUT 45 YEARS,
    MEMBER ID NO 1177

18. SMT. KAMALAMMA
    D/O. SIDDAPPA,
    AGED ABOUT 81 YEARS,
    MEMBER ID NO 1114

19. SRI. P. REVANNASIDDAPPA
    S/O. LATE PUTTAREVANNA,
    AGED ABOUT 83 YEARS,
    MEMBER ID NO 769

20. SMT. SIDDALINGAMMA
    D/O. LATE BASAPPA,
    AGED ABOUT 75 YEARS,
    MEMBER ID NO 1086

21. SRI. VEERAPPA
    S/O. LATE CHIKKA ADAVIYAPPA,
    AGED ABOUT 68 YEARS,
    MEMBER ID NO 958

22. SMT. SHARADAMMA
    D/O. LATE MADHURAYYA,
    AGED ABOUT 60 YEARS,
    MEMBER ID NO 811
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23. SRI. H. T. PRAKASH
    S/O. LATE R. THIMMEGOWDA,
    AGED ABOUT 48 YEARS,
    MEMBER ID NO 725

24. SMT. H. V. RATHNAMMA
    D/O. VENKATARAMANAPPA,
    AGED ABOUT 63 YEARS,
    MEMBER ID NO 812

25. SRI.V. RAMCHANDRA
    S/O. LATE VENKATACHALAYA,
    AGED ABOUT 42 YEARS,
    MEMBER ID NO 1076

26. SRI. H. PRAKASH
    S/O. LATE HANUMANTHAPPA,
    AGED ABOUT 60 YEARS,
    MEMBER ID NO 1014

27. SRI. B. SURESH
    S/O. LATE K. BEERALINGAYA,
    AGED ABOUT 48 YEARS,
    MEMBER ID NO 978

28. SRI. G. DASHARATH
    S/O. LATE S. MARKANDAYA,
    AGED ABOUT 55 YEARS,
    MEMBER ID NO 658

29. SRI. H. K. RAMESH
    S/O. KEMPAHANUMAYA,
    AGED ABOUT 48 YEARS,
    MEMBER ID NO 715

30. SRI. M. G. CHANDRASHEKARAIAH
    S/O. GURUBASAIAAH
    AGED ABOUT 70 YEARS,
    MEMBER ID NO 316
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31. SRI. M. S. BANU PRAKASH
    S/O.C. SOMASHEKAR,
    AGED ABOUT 43 YEARS,
    MEMBER ID NO 1045

32. SRI. S. VIJAYSHANKAR
    S/O. A. SHIVANNA,
    AGED ABOUT 75 YEARS,
    MEMBER ID NO 1069

33. SRI. B. JAYDEVAIAH
    S/O. BASAPPA,
    AGED ABOUT 70 YEARS
    MEMBER ID NO 557

34. SRI. B. MUNRAME GOWDA
    S/O. LATE H. B. BYREGOWDA,
    AGED ABOUT 62 YEARS,
    MEMBER ID NO 12

35. SRI. KALAPPA
    S/O. LATE BYRANNA,
    AGED ABOUT 78 YEARS,
    MEMBER ID NO 805

36. SRI. G. SAMPATH KUMAR
    S/O. GOVINDRAJU,
    AGED ABOUT 42 YEARS,
    MEMBER ID NO 74

37. SRI. RAMANJINEYA
    S/O. LATE HANUMANTAIAH,
    AGED ABOUT 62 YEARS,
    MEMBER ID NO 687

38. SRI. NARAYANAPPA
    S/O. LATE KARAGAYYA,
    AGED ABOUT 57 YEARS,
    MEMBER ID NO 884

39. SRI. SIDDPPA
    S/O. NARAYANAPPA,
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    AGED ABOUT 53 YEARS,
    MEMBER ID NO 708

40. SRI. R. SHIVAKUMAR
    S/O. RAMIAH,
    AGED ABOUT 51 YEARS,
    MEMBER ID NO 686

41. SMT. SUNANDA
    W/O. PALANETRA,
    AGED ABOUT 55 YEARS
    MEMBER ID NO 1126

42. SRI. PALANETRA
    S/O. YENJAPPA,
    AGED ABOUT 59 YEARS,
    MEMBER ID NO 628

43. SRI. SIDGANGAPPA
    S/O. LATE SIDRAMAIAH
    AGED ABOUT 80 YEARS,
    MEMBER ID NO 341

44. SRI. H. MARIYALAGAIAH
    S/O. LATE HANUMAIAAH,
    AGED ABOUT 80 YEARS
    MEMBER ID NO 283

45. SRI. S. ANANDAPPA
    S/O. SIDRAMAIAH,
    AGED ABOUT 73 YEARS
    MEMBER ID NO 615

46. SRI. SIDALINGAPPA
    S/O. CHIKGURSIDAIIAH,
    AGED ABOUT 80 YEARS
    MEMBER ID NO 378

47. SRI. S. HEMANTH KUMAR
    S/O. M. S. SHIVPRAKASH
    AGED ABOUT 30 YEARS,
    MEMBER ID NO 990
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48. SRI. C. RAJANNA
    S/O. CHIKGURSIDAIAH
    AGED ABOUT 70 YEARS
    MEMBER ID NO 712

49. SRI. SHIVAPRAKASH
    S/O.LATE MALAPPA,
    AGED ABOUT 56 YEARS,
    MEMBER ID NO 923

50. SRI. S. BASAVALINGAYYA
    S/O. SIDLINGAPPA
    AGED ABOUT 58 YEARS,
    MEMBER ID NO 991

51. SRI. M. S. CHANDRAMOHAN
    S/O. SADASHIVAIAH
    AGED ABOUT 67 YEARS,
    MEMBER ID NO 375

52. SMT. PARTAMMA
    W/O BASVARAJU
    AGED ABOUT 68 YEARS
    MEMBER ID NO 678

53. SRI. N. KIDIYAPPA
    S/O. LATE NANJUNDAPA
    AGED ABOUT 78 YEARS
    MEMBER ID NO 239

54. SMT. SEETHAMMA
    W/O. NAGRAJU
    AGED ABOUT 65 YEARS
    MEMBER ID NO 937

55. SRI. NANJUNDAPPA
    S/O. CHIKKAMUNIYAPPA
    AGED ABOUT 64 YEARS,
    MEMBER ID NO 179

56. SRI. S. RAJANNA
    S/O. SIDDAPPA
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    AGED ABOUT 70 YEARS,
    MEMBER ID NO 427

57. SRI. V. MUNIYAPPA
    S/O. VENKATASHAMAYYA
    AGED ABOUT 64 YEARS,
    MEMBER ID NO 133

58. SMT. RATHAMMA
    S/O. KRISHNAMURTHY
    AGED ABOUT 41 YEARS,
    MEMBER ID NO 821

59. SRI. R. BASAVARAJAPPA
    S/O. LATE RUDRAPPA,
    AGED ABOUT 65 YEARS,
    MEMBER ID NO 635

60. SRI. YELLAPPA
    S/O. MARIYALLAGAYA,
    AGED ABOUT 52 YEARS,
    MEMBER ID NO 729

61. SMT. SIDDAGANGAMMA
    D/O. LATE GUNDAPPA,
    AGED ABOUT 67 YEARS,
    MEMBER ID NO 744

62. SRI. BYLANJINAPPA
    S/O. LATE GANGAYYA,
    AGED ABOUT 75 YEARS,
    MEMBER ID NO 400

63. SRI. BYRE GOWDA
    S/O. LATE BYRAPPA,
    AGED ABOUT 75 YEARS,
    MEMBER ID NO 280

64. SRI. PANCHAKSHARIAH
    S/O. MARISIDAIAAH
    AGED ABOUT 72 YEARS,
    MEMBER ID NO 562
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65. SRI. V. GANGANARAJU
    S/O. VENKATAPPA
    AGED ABOUT 60 YEARS,
    MEMBER ID NO 590

66. SMT. MANJULA
    W/O. V. VENKATESH,
    AGED ABOUT 35 YEARS,
    MEMBER ID NO 909

67. SRI. G. S. ANNAIAH SHETTY
    S/O. SIDDALINGAIAH,
    AGED ABOUT 72 YEARS,
    MEMBER ID NO 173

68. SMT. VISHALASHKAMMA
    W/O. G. C. HANUMANTHA RAO,
    AGED ABOUT 65 YEARS,
    MEMBER ID NO 474

69. SRI. SHIVANAND
    S/O. LATE GURU SIDDAPPA,
    AGED ABOUT 61 YEARS,
    MEMBER ID NO 1001

70. SRI. NARASAPPA
    S/O. SHIVANNA,
    AGED ABOUT 59 YEARS,
    MEMBER ID NO 856

71. SRI. NANJUNADAPPA
    S/O. VENKETRAMAMAPA @ PAPPAYA,
    AGED ABOUT 80 YEARS,
    MEMBER ID NO 429

72. SRI. GANGARAJU
    S/O. SIDAPPA,
    AGED ABOUT 63 YEARS,
    MEMBER ID NO 741

73. SRI. G. VARDHARAJU
    S/O. S. V. GOPALAYYA,
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     AGED ABOUT 80 YEARS,
     MEMBER ID NO 685

74. SRI. M. GOVINDARAJU
    S/O. LATE MARAPPA
    AGED ABOUT 59 YEARS,
    MEMBER ID NO 690

75. SRI. H. G. CHANDRASHEKAR
    S/O. HANUMANTHARAO
    AGED ABOUT 58 YEARS,
    MEMBER ID NO 88

76. SRI. KRISHNAMURTHY
    S/O. LATE POOJAYYA,
    AGED ABOUT 55 YEARS,
    MEMBER ID NO. 734

     ALL THE PETITIONERS ARE
     MEMBER OF THE GOLLAHALLI MULTIPURPOSE
     PRIMARY RURAL AGRICULTURE CO-OPERATIVE
     SOCIETY LTD, O/AT: GOLLAHALLI
     KASABA HOBLI, NELAMANGALA TALUK
     BENGALURU RURAL,
     BENGALURU-562 123.
                                        ...PETITIONERS

(BY SRI. AMAR CORREA, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     DEPARTMENT OF CO OPERATION,
     M.S. BUILDING, DR AMBEDKAR VEEDHI
     BENGALURU - 560 001.
     REP BY PRINCIPAL SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION COMMISSION
     3RD FLOOR, SHANTHINAGAR
     TTMC A BLOCK, SHANTHI NAGAR,
     BANGALORE - 560 027.
     REP. BY SECRETARY
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3.   THE DEPUTY REGISTRAR OF
     CO-OPERATIVE SOCIETIES
     DISTRICT ELECTION OFFICER,
     DEVANAHALLI TALUK
     BENGALURU RURAL DISTRICT
     BENGALURU - 562 110.

4.   RETURNING OFFICER
     APPOINTED FOR GOLLAHALLI
     MULTIPURPOSE PRIMARY RURAL
     AGRICULTURAL CO OPERATIVE SOCIETY LTD.,
     GOLLAHALLI KASABA HOBLI
     NELAMANGALA TALUK, BENGALURU RURAL
     BENGALURU - 562 123.

5.   GOLLAHALLI MULTIPURPOSE PRIMARY RURAL
     AGRICULTURAL CO-OPERATIVE SOCIETY LTD
     GOLLAHALLI KASABA HOBLI, NELAMANGALA TALUK
     BENGALURU RURAL, BENGALURU - 562 123.
     REP BY CHIEF EXECUTIVE OFFICER.

     R4 AND R5 ARE REG. UNDER THE
     CO-OPERATIVE SOCIETY ACT, 1960.
                                           ...RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
    SRI. B.R. PRASANNA, ADVOCATE R5;
    SRI. CHETAN JADHAV, ADVOCATE FOR IMPLEADING
    APPLICANT ON I.A.1/2025)

     THIS W.P. IS FILED UNDEER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2
TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE
ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO
CONTEST AND CAST THEIR VOTES IN THE ELECTIONS TO THE
R-5 WHICH IS SCHEDULED TO BE HELD ON 23.01.2025 VIDE
ANNEXURE-A AND ETC.
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IN WP NO. 1514/2025

BETWEEN:

1.   SRI H LOKESH
     S/O. LATE HONNAGANGAIAH
     AGED ABOUT 48 YEARS,
     MEMBER ID NO. 934

2.   SRI. SIDDAPPA
     S/O. LATE. NARASAYYA,
     AGED ABOUT 65 YEARS,
     MEMBER ID NO. 124

3.   SMT. S. SARVAMANGALAMMA
     W/O. RENUKARADIYA,
     AGED ABOUT 49 YEARS,
     MEMBER ID NO. 755

4.   SMT. M. SAROJA
     W/O. NAGARAJU,
     AGED ABOUT 42 YEARS,
     MEMBER ID NO. 776

5.   SRI. M. KRISHNAPPA
     S/O. MASTAPPA,
     AGED ABOUT 40 YEARS,
     MEMBER ID NO. 777

6.   SRI. RENUKAPPA
     S/O. REVANNA
     AGED ABOUT 86 YEARS,
     MEMBER ID NO. 840

7.   SRI. PUTTAHUNAMAPPA
     S/O. LATE GANGAPPA,
     AGED ABOUT 66 YEARS,
     MEMBER ID NO. 904

8.   SRI. M. MUNIRAJU
     S/O. LATE MASTAPPA,
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     AGED ABOUT 33 YEARS,
     MEMBER ID NO. 986

9.   SMT. RATNAMMA
     W/O. NAGARAJU,
     AGED ABOUT 63 YEARS,
     MEMBER ID NO. 1065

10. SRI. S. NAGARAJAYYA
    S/O. LATE L. SHIVANNA,
    AGED ABOUT 68 YEARS,
    MEMBER ID NO. 1074

11. SRI. A. G. SHIVARAJU
    S/O. GURUSIDDAPPA,
    AGED ABOUT 59 YEARS,
    MEMBER ID NO. 1078

12. SRI. G. S. JAGADISH
    S/O. LATE G V SWAMI,
    AGED ABOUT 48 YEARS,
    MEMBER ID NO. 199

13. SRI. G. R. ARUN KUMAR
    S/O. LATE RAJANNA,
    AGED ABOUT 40 YEARS,
    MEMBER ID NO. 719

14. SRI. S. VENKATESH NATESH
    S/O. G. R. SRINIVASA MURTHY,
    AGED ABOUT 58 YEARS,
    MEMBER ID NO. 810

15. SRI. GANGABIRAPPA
    S/O. LATE KALAPPA,
    AGED ABOUT 60 YEARS,
    MEMBER ID NO. 195

16. SMT. PUTAMARAMMA
    W/O. LATE BAILAPPA,
    AGED ABOUT 85 YEARS,
    MEMBER ID NO. 630
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17. SRI. PUTTAYYA
    W/O. LATE MUNISHANAIAH,
    AGED ABOUT 57 YEARS,
    MEMBER ID NO. 631

18. SRI. G. ANANTHRAMAIAH
    S/O. R. GANGAPPA,
    AGED ABOUT 63 YEARS,
    MEMBER ID NO. 634

19. SRI. D. RAJANNA
    S/O. LATE RAJANNA,
    AGED ABOUT 66 YEARS,
    MEMBER ID NO. 944

20. SRI. VENKATARAMAIAH
    S/O. LATE MAYAPPA,
    AGED ABOUT 50 YEARS,
    MEMBER ID NO. 945

21. SRI. ASHWATHAIAH
    S/O. LATE MAYAPPA,
    AGED ABOUT 44 YEARS,
    MEMBER ID NO. 1042

22. SRI. SIDDARAJU
    S/O. GANGANNA,
    AGED ABOUT 42 YEARS,
    MEMBER ID NO. 1026

23. SRI. N. KUMAR SWAMY
    S/O. LATE NAGARAJU
    AGED ABOUT 45 YEARS,
    MEMBER ID NO. 927

24. SRI. S. CHAKARVARTHI
    S/O. SRINIVASA
    AGED ABOUT 36 YEARS,
    MEMBER ID NO. 1025

25. SMT. S. REKHA
    W/O. PRAVEEN KUMAR
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    AGED ABOUT 32 YEARS,
    MEMBER ID NO. 1110

26. SMT. N. THIMARAJAMMA
    S/O. LATE. BYLAPPA
    AGED ABOUT 56 YEARS,
    MEMBER ID NO. 1097

27. SRI. VEERAPPADEVARU
    S/O. LATE. GANGAPPA
    AGED ABOUT 90 YEARS,
    MEMBER ID NO. 955

28. SRI. NARASAPPA
    S/O. LATE YELLAPPA
    AGED ABOUT 70 YEARS,
    MEMBER ID NO. 936

29. SRI. B. LAKSHMAN
    S/O. BYRAPPA
    AGED ABOUT 58 YEARS,
    MEMBER ID NO. 421

30. SRI. H. THIMMEGOWDA
    S/O. HANUMANTHRAYAPPA
    AGED ABOUT 48 YEARS,
    MEMBER ID NO. 767

31. SMT. YASHODHAMMA
    W/O. VASUDEV MURTHY
    AGED ABOUT 83 YEARS,
    MEMBER ID NO. 922

32. SRI. RAMANJINAPPA
    S/O. NARAYANAPPA
    AGED ABOUT 66 YEARS,
    MEMBER ID NO. 244

33. SRI. H. K SANJEEV KUMAR
    S/O. KEMPAHANUMAIAH
    AGED ABOUT 43 YEARS,
    MEMBER ID NO. 772
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34. SRI. G. VENKATESH
    S/O. LATE GIDDAPPA
    AGED ABOUT 53 YEARS,
    MEMBER ID NO. 917

35. SMT. SIDDAMMA
    D/O. LATE GANGAIAH,
    AGED ABOUT 80 YEARS,
    MEMBER ID NO. 752

36. SRI. SIDDAGANGAPPA
    S/O. LATE HUCHANARASIMHAIAH,
    AGED ABOUT 80 YEARS,
    MEMBER ID NO. 835

37. SRI. NARASAPPA
    S/O. LATE KADARAPPA,
    AGED ABOUT 59 YEARS,
    MEMBER ID NO. 980

38. SMT. GANGABAIRAMMA
    D/O. LATE NARASIMHAIAH,
    AGED ABOUT 74 YEARS,
    MEMBER ID NO. 982

39. SMT. DODDAHANUMAKKA
    D/O. LATE DODDAHANUMAIAH,
    AGED ABOUT 79 YEARS,
    MEMBER ID NO. 1075

40. SRI. RAJANNA
    S/O. CHIKKARANGAYYA,
    AGED ABOUT 69 YEARS,
    MEMBER ID NO. 1096

41. SRI. T. THIMMARAYAPPA
    S/O. LATE GIDDAPPA,
    AGED ABOUT 58 YEARS,
    MEMBER ID NO. 981

42. SRI. NARASIMHAIAH
    S/O. LATE NARASIMHIAH,
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    AGED ABOUT 57 YEARS,
    MEMBER ID NO. 1142

43. SMT. ASHA
    W/O. V. RAMACHANDRAPPA,
    AGED ABOUT 36 YEARS,
    MEMBER ID NO. 1077

44. SMT. VISHALAKSHI
    W/O. A. KRISHNA MURTHY
    AGED ABOUT 55 YEARS,
    MEMBER ID NO. 702

45. SRI. KRISHNAPPA
    S/O. DODDAHANUMANTHAIAH
    AGED ABOUT 70 YEARS,
    MEMBER ID NO. 775

46. SRI. A. KRISHNA MURTHY
    S/O. ANJINAPPA
    AGED ABOUT 62 YEARS,
    MEMBER ID NO. 443

47. SMT. G. B SARVAMMA
    W/O. LATE SHIVANNA
    AGED ABOUT 60 YEARS,
    MEMBER ID NO. 531

    ALL THE PETITIONERS ARE
    MEMBER OF THE GOLLAHALLI
    MULTIPURPOSE PRIMARY RURAL
    AGRICULTURE CO-OPERATIVE SOCIETY LTD
    O/AT. GOLLAHALLI, KASABA HOBLI
    NELAMANGALA TALUK, BENGALURU RURAL
    BENGALURU-562 123.
                                    ...PETITIONERS

(BY SRI. AMAR CORREA, ADVOCATE)
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AND:

1.   STATE OF KARNATAKA
     DEPARTMENT OF CO-OPERATION
     M.S. BUILDING, DR. AMBEDKAR VEEDHI
     BENGALURU-560 001.
     REP BY. PRINCIPAL SECRETARY

2.   THE STATE CO-OPERATIVE ELECTION COMMISSION
     3 RD FLOOR, SHANTHINAGAR
     TTMC A BLOCK, SHANTHI NAGAR
     BANGALORE-560 027.
     REP BY. SECRETARY

3.   THE DEPUTY REGISTRAR OF
     CO-OPERATIVE SOCIETIES
     DISTRICT ELECTION OFFICER
     DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT
     BENGALURU-562 110.

4.   RETURNING OFFICER
     APPOINTED FOR GOLLAHALLI MULTIPURPOSE
     PRIMARY RURAL AGRICULTURAL CO-OPERATIVE
     SOCIETY LTD, GOLLAHALLI KASABA HOBLI
     NELAMANGALA TALUK, BENGALURU RURAL
     BENGALURU-562 123.

5.   GOLLAHALLI MULTIPURPOSE PRIMARY RURAL
     AGRICULTURAL CO-OPERATIVE SOCIETY LTD
     GOLLAHALLI KASABA HOBLI
     NELAMANGALA TALUK, BENGALURU RURAL
     BENGALURU-562 123.
     REP BY. CHIEF EXECUTIVE OFFICER
     R4 AND R5 ARE REG. UNDER CO-OPERATIVE
     SOCIETY ACT.
                                     ...RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, R4;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R3;
    SRI. B.R. PRASANNA, ADVOCATE FOR R5;
    SRI. CHETAN JADHAV, ADVOCATE FOR IMPLEADING
    APPLICANT ON I.A. 1/2025)
                                   - 19 -
                                                 NC: 2025:KHC:10678
                                                WP No. 848 of 2025
                                           C/W WP No. 1514 of 2025



        THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
    THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
    R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN
    THE ELIGIBLE VOTES LIST AND PERMIT THE PETITIONERS
    TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5
    WHICH IS SCHEDULED TO BE HELD ON 23.01.2025 VIDE
    ANNEXURE-A.

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

    CORAM:    HON'BLE MR JUSTICE SURAJ GOVINDARAJ

                            ORAL ORDER

1. This Court by way of various interim orders had

permitted the petitioners who were declared to be

ineligible voters to cast their vote in the elections of

the Society, subject to the result of the writ petition

and that the votes cast by the petitioners shall be

kept in separate ballot boxes.

2. A Coordinate Bench of this Court in the case of

H.S.Raju vs. State of Karnataka & others1 has

after considering the matter in detail come to a

categorical conclusion that any irregularity in the

conduct of election a petition under Article 226 of the

W.P.No.8502/2022 dated 7.6.2022

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NC: 2025:KHC:10678

Constitution of India would not be the proper remedy

any dispute as regards the eligibility or ineligibility

and the deficiencies in finalization of final electoral

list, could only be considered in a dispute raised as

regard the election under Section 70(2) of the

Karnataka Co-operative Societies Act, 1959 after the

announcement of the results by counting even the

votes cast by the petitioners.

3. The said judgment not having been challenged and

having attained finality, the fact being more or less

similar would equally apply to the present matter.

4. In that view of the matter, I pass the following:

ORDER

i) The Writ Petitions are disposed of.

ii) The Returning Officer in each of the above matters

is directed to announce the result within seven days

of the receipt of a copy of this order by taking into