Karnataka High Court

Smt Parvathi vs State Of Karnataka on 20 March, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                       WP No. 35859 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 20TH DAY OF MARCH, 2025

                                            BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                          WRIT PETITION NO. 35859 OF 2024 (CS-EL/M)


                   BETWEEN:

                   1.    SMT. PARVATHI
                         W/O CHANNAYYA,
                         AGED ABOUT 64 YEARS,
                         SHARE NO.00001001946
                         (BENEFIT OF SENIOR CITIZEN NOT CLAIMED).

                   2.    SRI. SRIHARSHA K R
                         S/O K. RAMAMURTHY,
                         AGED ABOUT 57 YEARS,
                         SHARE NO.00001000968

                         PETITIONER NO.1 & 2 ARE
                         R/AT KONDIBAILU, UTTAMESHWARA POST,
                         KOPPA TALUK,
                         CHIKKAMAGALURU DISTRICT - 577 126.
Digitally signed
by SHWETHA         3.    SRI. S. G. RAMESH
RAGHAVENDRA              S/O GANESHAIAH,
Location: HIGH           AGED ABOUT 65 YEARS,
COURT OF
KARNATAKA                R/AT SAMPIGEMANE,
                         BELAVINAKODIGE POST,
                         KOPPA TALUK,
                         CHIKKAMAGALURU DISTRICT - 577 126.
                         SHARE NO.00001001069
                         (BENEFIT OF SENIOR CITIZEN NOT CLAIMED).

                   4.    SRI. NARAYANA M R
                         S/O RAMACHAR,
                         AGED ABOUT 54 YEARS,
                         SHARE NO.00001001899
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5.   SRI. CHANDRASHEKHARA B T
     S/O THIMMAPPAIAH B,
     AGED ABOUT 74 YEARS,
     SHARE NO.00001001501
     (BENEFIT OF SENIOR CITIZEN NOT CLIAMED).

6.   SRI. GIRISHA B N
     S/O NAGABHUSHAN RAO,
     AGED ABOUT 44 YEARS,
     SHARE N. 00001001786

     PETITIONER NO.4 TO 6 ARE
     R/AT BELAVINAKODIGE VILLAGE AND POST,
     KOPPA TALUK,
     CHIKKAMAGALURU DISTRICT - 577 126.

7.   SMT. KALAVATHI
     W/O CHANDRU HOSAHALLI,
     AGED ABOUT 39 YEARS,
     SHARE NO. 00001001781

8.   SRI. JAYANTHA H P
     S/O PUTTACHARI,
     AGED ABOUT 53 YEARS,
     SHARE NO.00001001451

     PETITIONER NO.7 & 8 ARE
     R/AT HOSAHALLI,
     BELAVINAKODIGE POST,
     KOPPA TALUK,
     CHIKKAMAGALURU DISTRICT - 577 126.

9.   SMT. PREMA B S
     W/O PRASANNA H M
     AGED ABOUT 42 YEARS,
     SHARE NO.00001001930

10. SRI. PARAMESHWARA
    S/O GOVINDA PUJARI,
    AGED ABOUT 62 YEARS,
    (BENEFIT OF SENIOR CITIZEN NOT CLAIMED),
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11. SMT. SHAKUNTHALA
    W/O PARAMESHWARA,
    AGED ABOUT 40 YEARS,
    SHARE NO.00001001692

12. SRI. CHANDRASHEKAR B J
    S/O JANNA POOJARI,
    AGED ABOUT 51 YEARS,
    SHARE NO.00001001625

    PETITIONER NO.9 TO 12 ARE
    R/AT GANAPATHI KATTE,
    BELAVINAKODIGE POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT - 577 126.

13. SMT. SRI GOWRI
    W/O SINGAPPA,
    AGED ABOUT 44 YEARS,
    R/AT HURALI HAKLU,
    BELAVINAKODIGE POST, KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT - 577 126.
    SHARE NO. 00001001937

14. SRI. BHARATH H R
    S/O RAMESH PUJARI,
    AGED ABOUT 32 YEARS,
    SHARE NO. 00001001429

15. SRI. MRUTHUNJAYA U R
    S/O LATE U V RAM RAO,
    AGED ABOUT 59 YEARS,
    SHARE NO. 0000100950

16. SRI. H. R. PRAKASH
    S/O RAMAPPA POOJARI,
    AGED ABOUT 45 YEARS,
    SHARE NO. 00001001429

    PETITIONER NO.14 TO 16 ARE
    R/AT HALLIMANE, BHUVANAKOTE,
    UTTAMESHWARA POST,
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    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT - 577 126.

17. SRI. RAJESH U M
    S/O MANJESH,
    AGED ABOUT 36 YEARS,
    SHARE NO.00001000887

18. SRI. ASHOKA U H
    S/O HARISHA U A,
    AGED ABOUT 40 YEARS,
    SHARE NO.00001001811

19. SRI. RATHNAKARA U A
    S/O ANANDA SEREGARA,
    AGED ABOUT 50 YEARS,
    SHARE NO.00001001810

20. SRI. S S VIJAY
    S/O SHIVANNA,
    AGED ABOUT 51 YEARS,
    SHARE NO.00001001435

21. SRI. SUDHAKARA
    S/O SOMAPPA POOJARI,
    AGED ABOUT 45 YEARS,
    SHARE NO.00001001809

    PETITIONER NO.17 TO 21 ARE
    R/AT UTTAMESHWARA,
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT - 577 126.

22. SRI. B. V. RAVINDRA
    S/O B VENKATAKRISHNAIAH,
    AGED ABOUT 55 YEARS,
    R/AT BHUVANAKOTE,
    BELAVINAKODIGE POST,
    KOPPA TALUK
    CHIKKAMAGALURU DISTRICT - 577 126.
    SHARE NO. 00001001497
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23. SRI. H V SRINIVASAMURTHY
    S/O VISHWANATH BHAT H,
    AGED ABOUT 78 YEARS,
    R/AT HOLASHE KOPPA,
    BELAVINAKODIGE POST,
    KOPPA TALUK
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO. 0000100456
    (BENEFIT OF SENIOR CITIZEN NOT CLAIMED).

24. SRI. MANJUNATHA V S
    S/O SREEKANTA BHATTA V,
    AGED ABOUT 62 YEARS,
    SHARE NO.00001000987
    BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

25. SRI. SUBRAMANYA H V
    S/O VISHWANATHA BHATTA V,
    AGED ABOUT 62 YEARS,
    SHARE NO.00001000959
    BENEFIT OF SENIOR CITIZEN NOT CLAIMED

    PETITIONER NO.24 & 25 ARE
    R/AT HUNASEKOPPA,
    BELAVINAKODIGE POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126.

26. SRI. SATYAVATHI B S
    W/O B C SRINIVASAMURTHY,
    AGED ABOUT 71 YEARS,
    SHARE NO.00001001942
    BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

27. SRI. IRFAN
    S/O USMMAN,
    AGED ABOUT 41 YEARS,
    SHARE NO.00001001817

    PETITIONER NO.26 & 27 ARE
    R/AT BAGGUNJI,
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    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126

28. SMT. LAKSHMIDEVI J S
    W/O K S KUMARA,
    AGED ABOUT 58 YEARS,
    R/AT MUTTURA,
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO.00001001671

29. SRI. M V MOHAN RAO
    S/O VENKATARAMANAIAH,
    AGED ABOUT 64 YEARS,
    R/AT SOUTHEHALLI,
    BELAVINAKODIGE POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126.
    SHARE NO.00001001507
    BENEFIR OF SENIOR CITIZEN NOT CLAIMED.

30. SRI. KRISHNA MURTHY K V
    S/O VENKATAGIRIYAPPA,
    AGED ABOUT 71 YEARS,
    R/AT CHEPUGODU,.
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO.00001000653
    BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

31. SRI. NAGESH V S
    S/O SHREEKANTAIAH V B,
    AGED ABOUT 68 YEARS,
    R/AT MUTTUGODU,
    BHUVANAKOTE,
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT - 577126
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                                  WP No. 35859 of 2024




    SHARE NO.00001000718
    BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

32. SRI. V S VISHVESHWARA
    S/O V SHIVASWAMI RAO,
    AGED ABOUT 70 YEARS,
    R/AT NIDADALLI, BHUVANAKOTE,
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO.00001000689
    BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

33. SRI. H L DINESH
    S/O LAKSHMINARAYANA BHAT,
    AGED ABOUT 59 YEARS,
    R/AT HALASEGODU, BHUVANAKOTE,
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO.00001000954


34. SRI. ASHOK
    S/O RAMACHANDRA ACHARY,
    AGED ABOUT 53 YEARS,
    R/AT SINGANURU HADSE,
    LOKANATHAPURA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577123.
    SHARE NO.00001001267

35. SRI. PRASANNA
    S/O MUDDACHARI,
    AGED ABOUT 49 YEARSM
    R/AT SINGANURU HADSE,
    LOKANATHAPURA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577123
    SHARE NO.00001001267
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36. SRI. PRADEEPA
    S/O T K NARAYANA POOJARY,
    AGED ABOUT 50 YEARS,
    R/AT TENGINAMANE,
    KARIMANE POST, KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO.00001001254

37. SRI. YOGENDRA S A
    S/O APPU SEREGARA,
    AGED ABOUT 41 YEARS,
    R/AT SALAMARA, BHUYANAKOTE,
    UTTAMESHWARA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO. 00001001800

38. SRI. PREM G
    S/O GOPALA GOWDA,
    AGED ABOUT 29 YEARS,
    R/AT B G KATTE, BELEGOLA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT-577126
    SHARE NO.00001001928

39. SRI. K. NAVEENA
    S/O K M KRISHNAMURTHY,
    AGED ABOUT 37 YEARS,
    R/AT KELA HADSE,
    LOKANATHAPURA POST,
    KOPPA TALUK,
    CHIKKAMAGALURU DISTRICT - 577 123.
    SHARE NO.00001001894
                                            ...PETITIONERS
(BY SRI. VIJAYA KUMAR K.,ADVOCATE)

AND:
1.   STATE OF KARNATAKA
     DEPARTMENT OF CO-OPERATION,
     M.S.BUILDING,
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                                   WP No. 35859 of 2024




     DR. B. R. AMBEDKAR VEEDHI,
     BENGALURU - 560 001.
     REPRESENTED BY ITS PRINCIPAL SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, T.T.M.C. 'A' BLOCK,
     K.H.B ROAD, SHANTINAGAR,
     BENGALURU - 560 027.
     REPRESENTED BY ITS SECRETARY.

3.   DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
     CHIKKAMAGALURU DISTRICT,
     CHIKKAMAGALURU - 577 123.
     REPRESENTED BY ITS DISTRICT ELECTION OFFICER.

4.   THE RETURNING OFFICER
     PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA
     NIYAMITHA,
     THENGINAMANE, KOPPA TALUK,
     CHIKKAMAGALURU DISTRICT - 577 123.

5.   PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA
     NIYAMITHA
     THENGINAMANE, KOPPA TALUK,
     CHIKKAMAGALURU DISTRICT - 577 123.
     REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
     REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT.

                                         ...RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4;
    SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2;
    R5 - PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA
    NIYAMITHA SERVED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
DIRECTING THE R2 TO 4 TO INCLUDE THE NAMES OF THE
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PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R5 SOCIETY
AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS
TO THE R5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON
05/01/2025.

    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 votes 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 a separate ballot boxes.

2. A Co-ordinate 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

W.P.No.8502/2022 dated 7.6.2022

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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 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.

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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 a separate box shall

continue to be retained in a separate box until the