Karnataka High Court
Mr Ashok Kulal M K vs State Of Karnataka on 14 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:10683
WP No. 5351 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.5351 OF 2025 (CS-EL/M)
BETWEEN:
1. MR ASHOK KULAL M K
S/O. LATE M. KANTHAPPA
AGED ABOUT 62 YEARS
R/AT NO. 2-93/8, VISHVESH
NEAR GOVT. JUNIOR COLLEGE
GANDHINAGAR, KAVOOR
MANGALURU - 575 015.
2. MRS. UMAVATHI
W/O. AITAPPA MOOLYA
AGED ABOUT 68 YEARS,
R/A. NO.1-40, MAINDAGURI
THOKURU, MANGALURU - 575 011.
3. MR. BHOJA MOOLYA
AGED ABOUT 52 YEARS
Digitally signed S/O. BOGGU MOOLYA
by SHWETHA
RAGHAVENDRA NO.1-172, MATHRU CHAYA NILAYA
Location: HIGH MAINDAGURI, THOKURU
COURT OF
KARNATAKA MANGALURU - 575 011.
4. MR. DEEKSHITH
AGED ABOUT 33 YEARS
S/O. BHOJA KULAL
R/A. NO.1-200/A, THOKURU SHEDIGURI
MANGALURU - 575 011.
5. MR. VASANTHA KULAL
AGED ABOUT 49 YEARS
S/O. LATE VENKAPPA MOOLYA
R/A. NO.1-18/5/3, JAYAPRIYA NIVAS
-2-
NC: 2025:KHC:10683
WP No. 5351 of 2025
NEAR PETROL PUMP, MAINDAGURU
THOKURU, MANGALURU - 575 011.
6. MRS. SATHYAVATHI YANE ANUSHA
AGED ABOUT 48 YEARS
W/O. PADMANABHA BANGERA
NO.1-70/3, NEAR SEZ COLONY
MAINDAGURU, THOKURU
MANGALURU 575 011.
7. MR. SUDHAKARA SALIAN
AGED ABOUT 47 YEARS
S/O. VASU MOOLYA
NO.4-91 B, ELINJE
MANGALURU - 574 141.
8. MRS. GAYATHRI D
AGED ABOUT 38 YEARS
W/O. KISHORE KUMAR
R/A. NO.3-353, SANTOSH NAGAR
MUNNUR POST, MANGALURU 575 017.
9. MRS. KAMALA BAI
AGED ABOUT 86 YEARS
W/O. LATE M. KANTHAPPA
R/AT NO. 2-93/8, VISHVESH
NEAR GOVT. JUNIOR COLLEGE
GANDHINAGAR, KAVOOR
MANGALURU - 575 015.
10. MS. VANAMALA KULAL M.K
AGED ABOUT 53 YEARS
W/O. LATE M. KANTHAPPA
R/AT NO. 2-93/8, VISHVESH
NEAR GOVT. JUNIOR COLLEGE
GANDHINAGAR, KAVOOR
MANGALURU 575 015.
11. MR. DEVADAS S
AGED ABOUT 38 YEARS
S/O. ANTHAPPA MODLIYA
R/AT. SRI NILAYA
-3-
NC: 2025:KHC:10683
WP No. 5351 of 2025
NEAR VENKATARAMANA SCHOOL, KULAI,
MANGALURU TOWN, MANGALURU - 575 015.
12. MS. BHARATHI
AGED ABOUT 47 YEARS
D/O. SUNDARA MOOLYA
R/AT NO. 4-71/2
NEAR RAILWAY BRIDGE, KULAI GUDDE
KULAI, MANGALURU - 575 019.
13. MR. ASHOK KUMAR
AGED ABOUT 59 YEARS
S/O. VASU BANGERA
R/AT NO. 1-105/1, KULURU FERY ROAD
BANGRA KULOORU, MANGALURU - 575 013.
...PETITIONERS
(BY SRI. ARAVIND REDDY .H, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF CO-OPERATION
GOVERNMENT OF KARNATAKA
6TH FLOOR, 3RD GATE, M.S. BUILDING
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001.
2. THE KARNATAKA STATE CO-OPERATIVE
ELECTION AUTHORITY, BMTC BUILDING
3RD FLOOR, SHANTHINAGARA
BENGALURU-560027
REP. BY ITS SECRETARY.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETY
MANGALURU DISTRICT
MANGALURU 575 015.
4. KUMBARA GUDI KAIGARIKA
CO-OPERATIVE SOCIETY LTD.
-4-
NC: 2025:KHC:10683
WP No. 5351 of 2025
CENTRAL OFFICE, CHAKRASOUDHA
KULAYI, MANGALURU - 575 019
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
(REGISTERED UNDER THE KARNATAKA
CO-OP SOCIETIES ACT 1959)
5. THE RETURNING OFFICER
KUMBARA GUDI KAIGARIKA
CO-OPERATIVE SOCIETY LTD.
CENTRAL OFFICER, CHAKRASOUDHA
KULAYI, MANGALURU-575 019.
[CAUSE TITLE AMENDED
VIDE COURT ORDER DATED 24.02.2025]
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO FOLLOW THE PROVISIONS CONTAINED IN
RULE 13 D (2-A) OF THE KCS RULES, 1960 AS THE MANDATE
OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO
CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE
4TH RESPONDENT SOCIETY BY INCLUDING THE NAME OF THE
PETITIONERS AND 1378 IN ELIGIBLE A CLASS MEMBERS IN
THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING THEM TO
CONTEST AND CAST THEIR VOTE IN THE ELECTION
SCHEDULED TO BE HELD ON 02.03.2025.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
-5-
NC: 2025:KHC:10683
WP No. 5351 of 2025
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
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
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:10683
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 Petition is disposed of.
ii) The Returning Officer in the above matter is
directed to announce the result within seven days
of the receipt of a copy of this order by taking into
account the votes cast by the petitioners in the
above matter.
iii) In the event of any proceeding being filed in
relation to the results of the election under Section
70(2) of the Karnataka Co-operative Societies Act,
1959, all the contentions raised herein and any that
may be raised are left open for consideration in
NC: 2025:KHC:10683
accordance with the applicable law, this court has
not expressed any opinion on those issues.
iv) The votes cast by the respective petitioners which
had been directed to be kept in separate box shall
continue to be retained in a separate box until the
disposal of the dispute if any raised within the time
frame prescribed.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
NBM
