Karnataka High Court
Sundramma vs The State Of Karnataka on 17 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 6757 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 6757 OF 2025 (CS-EL/M)
BETWEEN:
1. SUNDRAMMA
D/O SIDDALINGA SWAMY
AGED ABOUT 45 YEARS
2. MAHADEVAMMA
W/O S SANGAPPA
AGED 40 YEARS
3. JAYAMMA
W/O SHIVA MADAPPA
AGED 50 YEARS
4. BASAVARAJAMMA
D/O MAHADEVAPPA
AGED 40 YEARS
5. THIMAMMA
W/O DEVRAJ
Digitally signed
by SHWETHA AGED 50 YEARS
RAGHAVENDRA
Location: HIGH 6. PRAMILA D C
COURT OF W/O P SIDDALINGA SWAMY
KARNATAKA
AGED 40 YEARS
7. GOWRAMMA
D/O BHIME GOWDA
AGED 45 YEARS
8. PREMA
W/O SHIVANNA
AGED 33 YEARS
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9. SAROJAMMA
W/O CHIKKAPUTTE GOWDA
AGED 40 YEARS
10. NILAMMA
W/O S DAKSHINAMURTHY
AGED 45 YEARS
11. MARISWAMY
S/O YEDEYURAPPA
AGED 50 YEARS
12. RAJANNA
S/O PUTTA SWAMY
AGED 52 YEARS
13. KUMAR
S/O SHIVARUDRAPPA
AGED 51 YEARS
14. SOMANNA
S/O KULAPPA
AGED 55 YEARS
15. SHIVAKUMAR SWAMY M
S/O MADAPPA
AGED 46 YEARS
16. P SIDDALINGA SWAMY
S/O PRABHU SWAMY
AGED 45 YEARS
17. RUSHABENDRA SWAMY
S/O BASAVANNA
AGED 48 YEARS
18. BASAVARAJU
S/O SANGAPPA
AGED 45 YEARS
19. PUTTARAM
S/O THIMMAIAH
AGED 40 YEARS
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20. NAGARAJU
S/O PUTTE GOWDA
AGED 50 YEARS
21. M SUMA
W/O MALLIKARJUNA P
AGED 40 YEARS
23. S RUDRAARADHYA
W/O SHIVANNA
AGED 45 YEARS
23. RAMESH
S/O KARIKUNNA SHETTY
AGED 49 YEARS
24. HIRE GOWDA
S/O BASAVE GOWDA
AGED 45 YEARS
25. GIRISH (THIMMARAJU)
S/O THIMMEGOWDA
AGED 55 YEARS
26. SWAMY
S/O BHIME GOWDA
AGED 45 YEARS
27. I A JAYANNA
S/O ANNAPPA
AGED 40 YEARS
28. I B SWAMY
S/O BHIMAIAH
AGED 40 YEARS
29. M RAJESH
S/O MARI SWAMY
AGED 48 YEARS
30. KUMAR
S/O DEVARAJU
AGED 40 YEARS
31. PUTTA SWAMY B
S/O BORAIAH
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AGED 45 YEARS
32. NAGARAJU
S/O GUNDE GOWDA
AGED 48 YEARS
33. MARI SWAMY
S/O MOLLE MARA BHOVI
AGED 40 YEARS
34. THAYAMMA
W/O PUTTA SWAMY
AGED 40 YEARS
PETITIONERS NO. 1 TO 34 ARE
R/AT IGGALURU VILLAGE AND POST,
VERRUPAKSHIPURA HOBLI,
CHANNAPATNA HOBLI
RAMANAGARA DISTRICT-562183
35. NINGE GOWDA MALLE GOWDA
S/O SIDDE GOWDA
AGED 48 YEARS
36. BORE GOWDA
S/O CHIKKA BORE GOWDA
AGED 40 YEARS
37. SIDDAIAH
S/O PIDDE NAGE GOWDA
AGED 40 YEARS
38. NAGEGOWDA
S/O SANNE GOWDA
AGED 48 YEARS
39. NAGE GWODA
S/O SIDDE GOWDA
AGED 44 YEARS
40. NINGE GOWDA
S/O SIDDE GOWDA
AGED 45 YEARS
41. MARI SWAMY
S/O SANNE GOWDA
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AGED 48 YEARS
42. SIDDAPPA
S/O CHIKKA SIDDE GOWDA
AGED 40 YEARS
43. THIMME GOWDA
S/O THIBBE GOWDA
AGED 45 YEARS
44. CHIKKA BORE GOWDA
S/O BORAPPA
AGED 48 YEARS
45. SIDDE GOWDA
S/O NAGE GOWDA MINKE GOWDA
AGED 45 YEARS
46. CHIKKA LINGAMMA
S/O CHIKDE GOWDA
AGED 48 YEARS
47. BILE GOWDA
S/O NINGE GOWDA
AGED 40 YEARS
48. ANAND C S
W/O SIDAMMA
AGED 45 YEARS
49. SIDDARAJU
S/O MALLE GOWDA
AGED 48 YEARS
50. NAGARAJU C
S/O CHIKKA SIDDE GOWDA
AGED 40 YEARS
51. CHIKKA SIDDE GOWDA
S/O SIDDE GOWDA
AGED 45 YEARS
52. SIDDESH C M
S/O MARI GOWDA
AGED 48 YEARS
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53. NINGARAJU C N
S/O NINGE GOWDA
AGED 45 YEARS
54. CHIKKANA GOWDA
S/O CHIKKANNA
AGED 48 YEARS
55. SIDAPPA
S/O CHIKKATHIMAIAH
AGED 40 YEARS
56. NAGE GOWDA
S/O BOGE GOWDA
AGED 45 YEARS
57. SIDDARAJU
S/O BORE GOWDA
AGED 48 YEARS
58. SHENE GOWDA
S/O THIMME GOWDA
AGED 40 YEARS
59. C N SHIVANNA
S/O NATHE GHOWDA
AGED 45 YEARS
60. GADDE GOWDA
S/O MARI GOWDA
AGED 48 YEARS
61. CHIKANNA
S/O MARI GOWDA
AGED 40 YEARS
62. KARI GOWDA
S/O NATHE GOWDA
AGED 45 YEARS
63. SHIVALINGE GOWDA
S/O BORAMMA
AGED 48 YEARS
64. MARI SWAMY
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S/O KARI GOWDA
AGED 40 YEARS
65. PUTTA SWMAY
S/O THIBBE GOWDA
AGED 45 YEARS
66. SIDAMMA
W/O BORE NATHE GOWDA
AGED 48 YEARS
PETITIONERS NO. 35 TO 66 ARE
R/AT D B DODDE IGGALURU POST,
VERRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK
RAMANAGARA DISTRICT-562183
67. CHICK MOGA
S/O HALE GOWDA
AGED ABOUT 40 YEARS
68. MAHENDRA
S/O BEERAIAH
AGED 45 YEARS
69. T SACHIN GOWDA
S/O T THIMME GOWDA
AGED 48 YEARS
70. SAGAR M R
S/O RUDRAIAH
AGED 40 YEARS
71. KRISHNA
S/O KADE GOWDA
AGED 48 YEARS
72. NAVEEN
S/O MARI SHEERE GOWDA
AGED 40 YEARS
73. KALAIAH
S/O KALA NINGAIAH
AGED 48 YEARS
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74. CHENNAMMA
W/O JAWARAIAH GOWDA
AGED 40 YEARS
PETITIONERS NO. 67 TO 74 ARE
R/AT M G DODDE VILLAGE
IGGALURU POST
VERRUPAKSHIPURA HOBLI,
CHANAPATNA TALUK
RAMANAGARA DISTRICT-562183
75. M D RAJU
S/O DYAVE GOWDA
AGED 48 YEARS
76. KARI GOWDA
S/O KUNDE GOWDA
AGED 40 YEARS
77. SURESH S H
S/O S HUCCHE GOWDA
AGED 48 YEARS
78. S D MARI SWAMY
S/O DEVE GOWDA
AGED 40 YEARS
79. SRINIVAS
S/O PUTTA SWMAY
SIDDE GOWDA
80. PUTTAMMA
W/O RAMAKRISHNE GOWDA
AGED 40 YEARS
81. NAGESH
S/O SIDDE GOWDA
AGED 48 YEARS
82. NAGARAJU
S/O MARI GOWDA
AGED 40 YEARS
83. KULLE GOWDA
S/O PUTTA RAME GOWDA
AGED 48 YEARS
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84. PUTTA SWAMY
S/O MAIHAIDAIAH
AGED 40 YEARS
85. GAVI SIDDEAIH
S/O KEMPAIAH
AGED 48 YEARS
86. ANDANAPPA
S/O CHIKKA MARIAPPA
AGED 40 YEARS
87. SIDDAIAH
S/O KEMPAIAH GOWDA
AGED 48 YEARS
88. GURU SIDDAIAH
S/O BORAIAH
AGED 40 YEARS
89. CHIKKA THIMAIH
S/O UCHEERAIAH
AGED 48 YEARS
90. SHIVALINGAIAH
S/O DODAIAH
AGED 40 YEARS
91. MAHADEAVA
S/O MADAIAH
AGED ABOUT 48 YEARS
92. SANNAIAH
S/O KARIAIAH
AGED ABOUT 40 YEARS
93. GAVI SIDDAIAH
S/O KEMPAIAH
AGED ABOUT 48 YEARS
94. KARIAIAH
S/O SIDDAIAH
AGED ABOUT 40 YEARS
95. SIDDAIAH S
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S/O SIDDAIH
AGED ABOUT 48 YEARS
96. SIDAMMA
W/O SIDAIAH
AGED ABOUT 40 YEARS
97. RENUKA
W/O MAHADEVA
AGED ABOUT 42 YEARS
PETITIONERS 75 TO 97 ARE
R/AT. SARGURU VILLAGE,
IGGALURU POST VERRUPAKSHI PURA HOBLI
CHANNAPATNA TALUKU
RAMANAGARA DISTRICT-562183
98. ARUBERALAIH
S/O SAVUAIAH
AGED ABOUT 40 YEARS
99. KEMPE GOWDA N K
S/O KENCHE GOWD
AGED ABOUT 42 YEARS
100. KEMPE GOWDA
S/O KENCHE GOWD
AGED ABOUT 42 YEARS
101. MUTTAIAH
S/O MANGAIAH
AGED ABOUT 40 YEARS
102. GIRIAIAH
S/O KARI DASAIAH
AGED ABOUT 42 YEARS
103. JAYALAKSHMI
W/O MUTTA RAJU
AGED ABOUT 40 YEARS
104. PUTTAMMA
W/O GIRIAIAH
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AGED ABOUT 42 YEARS
PETITIONERS 98 TO 104 ARE
R/AT.NELMAKNHALLI
IGGALURU POST
VERRUPAKSHI PURA HOBLI
CHANNAPATNA TALUKU
RAMANAGARA DISTRICT-562183
105. SUNIL
S/O MAHADEVAIAH
AGED ABOUT 40 YEARS
106. ANKARAJU K M
S/O MAHADEVAIAH
AGED ABOUT 42 YEARS
107. MANJUNATH M
S/O MARI SIDDIAH
AGED ABOUT 40 YEARS
108. CHIKKATHAIAM
D/O MAHADEVAMMA
AGED ABOUT 40 YEARS
109. NAGARATHNA
W/O ANKARAJU
AGED ABOUT 40 YEARS
KUNTANA DODDI
110. BHAGYAMMA
W/O SIDDARAJU
AGED ABOUT 40 YEARS
111. LAKSHMI
W/O CHIKKA MADAIAH
AGED ABOUT 40 YEARS
PETITIONERS 105 TO 111 ARE
R/AT.KUNTANA DODDI
IGGALURU POST
VERRUPAKSHI PURA HOBLI
CHANNAPATNA TALUKU
RAMANAGARA DISTRICT-562183
112. NAGAHEDGE
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S/O HUCCHA HEGDE
AGED ABOUT 52 YEARS
113. MUTTARAJU
S/O N T NATHAIAH
AGED ABOUT 50 YEARS
114. PRAJWAL N G
S/O JAYARAME GOWDA
AGED ABOUT 33 YEARS
115. RADHA
S/O JAYA RAME GOWDA
AGED ABOUT 50 YEARS
116. RAJESH NK
S/O KARIAIAH
AGED ABOUT 50 YEARS
117. YASHODAMMA
S/O MARANKE GOWDA
AGED ABOUT 50 YEARS
PETITIONERS 112 TO 117 ARE
R/AT.NELAMANKNAHALLI
IGGALURU POST
VERRUPAKSHI PURA HOBLI
CHANNAPATNA TALUKU
RAMANAGARA DISTRICT-562183.
118. SHIVALINGE GOWDA
S/O BORE GOWDA
AGED ABOUT 52 YEARS
119. RAMESH
S/O CHANNE GOWDA
AGED ABOUT 52 YEARS
120. SIDDAPPA
S/O NINGE GOWDA
AGED ABOUT 52 YEARS
121. MADHU NC
S/O CHIKKA SWAMY
AGED ABOUT 52 YEARS
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PETITIONERS 118 TO 121 ARE
R/AT.NODGODE VILLAGE
IGGALURU POST
VERRUPAKSHI PURA HOBLI
CHANNAPATNA TALUKU
RAMANAGARA DISTRICT-562183.
122. SIDDESH
S/O MARI GOWDA
AGED ABOUT 52 YEARS
123. CHIKKA SIDE GOWDA
S/O SIDDE GOWDA
AGED ABOUT 52 YEARS
124. K T SUJATHA
S/O SIDDAPPA
AGED ABOUT 52 YEARS
PETITIONERS 122 TO 124
R/AT.C.B.DODDE VILLAGE
IGGALURU POST
VERRUPAKSHI PURA HOBLI
CHANNAPATNA TALUKU
RAMANAGARA DISTRICT-562183.
...PETITIONERS
(BY SRI. NATARAJ BABA K.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COOPERATION DEPARTMENT,
M.S.BUILDINGS,
BANGALORE-1.
2. THE REGISTRAR OF COOPERATIVE
SOCIETIES IN KARNATAKA,
NO.1, ALI ASKAR ROAD,
BENGALURU-560 002
REP BY SECRETARY
(THE SOCIETY REGISTERED UNDER THE SOCIETY
REGISTRATION ACT)
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3. THE JOINT REGISTRAR OF COOPERATIVE
SOCIETIES, IN KARNATAKA NO.1,
ALI ASKAR ROAD,
BENGALURU-560 002.
REP BY SECRETARY
(THE SOCIETY REGISTERED UNDER THE SOCIETY
REGISTRATION ACT)
4. THE STATE CO-OPERATIVE
ELECTION AUTHORITY,
REPRESENTED BY ITS SECRETARY
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. 'A' BLOCK, SHANTHI NAGAR,
BANGALORE 27,
(THE SOCIETY REGISTERED UNDER THE CO OP SOCIETY
REGISTRATION ACT)
5. THE RETURNING OFFICER AND
ELECTION OFFICER.
IGGALURU VIVIDODDESHA PRATHAMIKA
KRUSHI GRAMEENA SAHAKARA SANGHA
VIRUPAKSHIPURA HOBLI
CHANNAPATTANA TALUK
RAMANAGARA DISTRICT-562183
(REGISTERED UNDER CO OPERATIVE SOCIETIES ACT)
6. IGGALURU VIVIDODDESHA PRATHAMIKA KRUSHI
GRAMEENA SAHAKARA SANGHA
VIRUPAKSHIPURA HOBLI
CHANNAPATTANA TALUK
RAMANAGARA DISTRICT-562183
REPRESENTED BY ITS CEO
(REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT)
...RESPONDENTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3 & R5;
SRI. T.L KIRAN KUMAR., ADVOCATE FOR R4;
SRI. JAI PRAKASH REDDY.M., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UDNER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA ISSUE APPROPRIATE WRIT, ORDER
OR DIRECTIONS DECLARING THAT CLAUSE (a-iv) AND (a-v) OF
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THE SUB-SECTION (2) OF SECTION 20 OF THE ACT AND SECTION
27-A OF THE ACT ARE ULTRA VIRES OF ARTICLE 243-ZI AND 243-ZO
OF THE CONSTITUTION OF INDIA AND THAT IT IS BEYOND THE
LEGISLATIVE COMPETENCE OF THE STATE LEGISLATURE AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, 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
Constitution of India would not be the proper remedy
W.P.No.8502/2022 dated 7.6.2022
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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 Petition is disposed of.
ii) The Returning Officer 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.
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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 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
SR
