Karnataka High Court

Sri Mahadev vs The State Of Karnataka on 20 March, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                      WP No. 3036 of 2025




                        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. 3036 OF 2025 (CS-EL/M)


                   BETWEEN:

                   1.    SRI. MAHADEV
                         AGED ABOUT 60 YEARS,
                         S/O. JAVAREGOWDA,
                         SHARE NO.47/13

                   2.    SRI. H.V.VEERAIAH
                         AGED ABOUT 77 YEARS,
                         S/O. KALLAMMA
                         SHARE NO.64/1.

                   3.    MADHEGOWDA
                         SRI. AGED ABOUT 76 YEARS,
                         S/O. JOGAIAH,
Digitally signed         SHARE NO.65/1
by SHWETHA
RAGHAVENDRA
Location: HIGH     4.    SRI. K.B.BORAIAH
COURT OF
KARNATAKA                AGED ABOUT 72 YEARS,
                         S/O. BOREJOGAIAH,
                         SHARE NO.70/1

                   5.    SMT. CHIKKAMADAMMA
                         AGED ABOUT 73 YEARS,
                         S/O. DYAVARASAIAH,
                         SHARE NO.184/1
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6.   SRI. MALLESH
     AGED ABOUT 49 YEARS,
     S/O. SANNAIAH,
     SHARE NO.15/2

7.   SRI. NAGAIAH
     AGED ABOUT 66 YEARS,
     S/O. ERAIAH,
     SHARE NO.111

8.   SRI. CHIKKARAIAH
     AGED ABOUT 53 YEARS,
     S/O. ERRAIAHMOTEGOWDA,
     SHARE NO.53/2

9.   SMT. MANJULA
     AGED ABOUT 58 YEARS,
     D/O. MADHEGOWDA,
     SHARE NO.100/2

10. SRI. NAGAIAH
    AGED ABOUT 63 YEARS,
    S/O. ERAMOTAIAH,
    SHARE NO.117/2

11. SRI. SHIVARAMU
    AGED ABOUT 60 YEARS,
    S/O. CHANCHALUTHISAIAH,
    SHARE NO.126/2

12. SRI. RAMIRAIAH
    AGED ABOUT 55 YEARS,
    S/O. CHIKKIRAIAH,
    SHARE NO.181/2
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13. SRI. H.V.NINGARAJU
    AGED ABOUT 58 YEARS,
    S/O. DODDIRALAH,
    SHARE NO.193/2.

14. SRI. DODDASIDHAMMA
    SAGED ABOUT 69 YEARS,
    D/O. MARABALAIH,
    SHARE NO.23/3

15. SRI. THIMANNA
    AGED ABOUT 74 YEARS,
    S/O. BORAIAH,

16. SRI. P. PUTTASWAMY
    AGED ABOUT 48 YEARS,
    S/O. KENCHARAIAH,
    SHARE NO.36/3

17. SRI. BASAVARAJU
    AGED ABOUT 34 YEARS.
    S/O. MAHADEV,
    SHARE NO.49/3

18. SMT. PADMAMMA
    AGED ABOUT 46 YEARS,
    W/O. MADHAIAH,

19. SMT. CHENNAMMA
    AGED ABOUT 55 YEARS,
    W/O. DAIVYAPOJE,
    SHARE NO.170/3

20. SMT. JAYAMMA
    AGED ABOUT 63 YEARS,
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    W/O. MALLAIAH,
    SHARE NO.191/3

21. SMT. POORNIMA
    AGED ABOUT 38 YEARS,
    W/O. KUMAR N.,
    SHARE NO.41/4

22. SMT. BHAGYAMMA
    AGED ABOUT 55 YEARS,
    W/O. MALLAIAH.,
    SHARE NO.56/4

23. SRI. PUTTABAIRA HEGDE
    SAGED ABOUT 46 YEARS,
    S/O. MARIYAIAH,
    SHARE NO.86/4

24. SMT. SAROJAMMA
    AGED ABOUT 55 YEARS,
    D/O. MUTHAMMA
    SHARE NO.93/2

25. SRI. SIDDAIAH
    AGED ABOUT 62 YEARS,
    S/O. SIDDANATHA
    SHARE NO.47/2

26. SRI. NANJUNDALAH
    AGED ABOUT 68 YEARS,
    S/O. KALLAIAH,
    SHARE NO.194/13

27. SMT. V. S.TEJAMANI
    AGED ABOUT 46 YEARS,
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    D/O. B. BORAIAH,
    SHARE NO.78/3

28. SRI. VENKATESH
    AGED ABOUT 63 YEARS,
    S/O. VENKATBOI,
    SHARE NO.71/11

29. SRI. SHIVARAJU
    AGED ABOUT 57 YEARS,
    S/O. KULLAMUTHAIAH,
    SHARE NO.107/14

30. SMT. MUTHAMMA
    AGED ABOUT 52 YEARS,
    W/O. SHIVARAJU,
    SHARE NO.168/2

31. SRI. DEEPAK KUMAR
    AGED ABOUT 32 YEARS,
    S/O. CHANDRAMOULY
    SHARE NO.57/4

32. SMT. RATHANA
    AGED ABOUT 45 YEARS,
    W/O. MAHADEVA
    SHARE NO.182/3

33. SRI. MADAIAH
    AGED ABOUT 70 YEARS,
    S/O. CHENNEGOWDA
    SHARE NO.34/1

34. SRI. CHENNEGOWDA
    AGED ABOUT 65 YEARS,
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    S/O. CHANNAIAH
    SHARE NO.42/13

35. SRI. SIDDEGOWDA
    AGED ABOUT 56 YEARS,
    S/O. HOTTEGOWDA
    SHARE NO. 182/13

36. SMT. RATHANAMMA
    AGED ABOUT 49 YEARS,
    W/O. HONNALAH
    SHARE NO.187/13

37. SRI. K.G. SWAMY
    AGED ABOUT 51 YEARS,
    S/O. JOGAIAH
    SHARE NO.2/14

38. SRI. NAGARAJU K.B
    AGED ABOUT 57 YEARS,
    S/O. BETTAIAH
    SHARE NO.158/14

39. SMT. BEERAMMA
    AGED ABOUT 55 YEARS,
    W/O. SIDDAIAH
    SHARE NO.174/14

40. SRI. SIDDEGOWDA
    AGED ABOUT 50 YEARS,
    S/O. JOGI
    SHARE NO.175/14

41. SRI. SHIVASHANKAR
    AGED ABOUT 44 YEARS,
    S/O. CHIKKAPUTTAIAH
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    SHARE NO.188/14

42. SRI. CHANNACHARI
    AGED ABOUT 58 YEARS,
    S/O. KENCHACHARI
    SHARE NO.200/14

43. SRI. JOGAIAH
    AGED ABOUT 64 YEARS,
    S/O. PEDDAJOGAIAH
    SHARE NO.52/1

44. SRI. S. SIDDAIAH
    AGED ABOUT 66 YEARS,
    S/O. SIDAIAH
    SHARE NO.87/1

45. SMT. MARISIDDAMMA
    AGED ABOUT 64 YEARS,
    W/O. SIDDAIAH
    SHARE NO.152/1

46. SMT. CHANNAMMA
    AGED ABOUT 65 YEARS,
    W/O. CHANNAIAH @ SHILLAIAH
    SHARE NO.159/1

47. SRI. HAKKI CHENNEGOWDA
    AGED ABOUT 59 YEARS,
    S/O. CHANNAIAH @ BUKKALAIAH
    SHARE NO.68/2

48. SRI. HONNAIAH
    AGED ABOUT 48 YEARS,
    S/O. CHIKKAPUTTAIAH
    SHARE NO.70/2.
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49. SRI. CHANNAMALLEGOWDA
    AGED ABOUT 54 YEARS,
    S/O. CHIKKEGOWDA
    SHARE NO.98/2

50. SRI. GANESH
    AGED ABOUT 53 YEARS,
    S/O. CHANAIAH
    SHARE NO.99/2

51. SMT. CHIKKAWAYAMMA
    AGED ABOUT 62 YEARS,
    W/O. MUDDEGOWDA
    SHARE NO.111/2

52. SRI. K.J. SHEKAR
    AGED ABOUT 63 YEARS,
    S/O. JOGIGOWDA
    SHARE NO.140/2

53. SMT. LAKSHMI K J
    AGED ABOUT 39 YEARS,
    W/O. CHENNEGOWDA
    SHARE NO.171/2

54. SMT. LAKSHMI M
    AGED ABOUT 40 YEARS,
    W/O. SHIVASHANKAR
    SHARE NO.175/2

55. SRI. LAKSHMAN K.P
    AGED ABOUT 46 YEARS,
    S/O. CHIKKAPUTAIAH
    SHARE NO.27/3
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                                 WP No. 3036 of 2025




56. SMT. B. G. HEMATHLATHA
    AGED ABOUT 58 YEARS,
    W/O. C. CHENNEGOWDA
    SHARE NO.151/3

57. SRI. KULLAJOGAIAH
    AGED ABOUT 62 YEARS,
    S/O. KULLAJOGAIAH
    SHARE NO.157/3

58. SRI. KENCHEGOWDA
    AGED ABOUT 54 YEARS,
    S/O. NANJUNDAIAH
    SHARE NO.159/3

59. SRI. DOLLAIAH
    AGED ABOUT 59 YEARS,
    S/O. GOWDAIAH SIDDAIAH
    SHARE NO.179/3

60. SRI. PUTTASWAMACHARI
    AGED ABOUT 61 YEARS,
    S/O. KENCHACHARI
    SHARE NO.188/3

61. SMT. GAYATHRI
    AGED ABOUT 54 YEARS,
    W/O. SIDDEGOWDA
    SHARE NO.9/4

62. SMT. K.S. SIDDAMADAMMA
    AGED ABOUT 24 YEARS,
    W/O. K.S. JOGAIAH
    SHARE NO.91/4
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63. SRI. H. PUTTARAJU
    AGED ABOUT 51 YEARS,
    S/O. HONNAIAH
    SHARE NO.196/11

64. SRI. C.N. SHANKARNARAYANARAO
    AGED ABOUT 66 YEARS,
    S/O. NANJUNDASWAMY
    LOAN NO.127/3

65. SMT. SUNDARAMANI
    AGED ABOUT 63 YEARS,
    W/O. MADARAJEARUSU
    LOAN NO.158/10

66. SMT. PUTTAGOWRAMMA
    AGED ABOUT 48 YEARS,
    W/O. MAHADEVAIAH
    LOAN NO.176/11

67. SMT. SUJATHA
    AGED ABOUT 53 YEARS,
    W/O. B. PUTTAIAH
    LOAN NO.187/11

68. SRI. K.S. RAJANNA
    AGED ABOUT 51 YEARS,
    S/O. SIDDAIAH
    LOAN NO.190/11

69. SRI. C. GURUMURTHY
    AGED ABOUT 43 YEARS,
    S/O. SIREGOWDA
    LOAN NO.27/13
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70. SMT. NEELAMMA
    AGED ABOUT 54 YEARS,
    W/O. SHIVARAJU
    LOAN NO.94/13

71. SRI. SHIVUMAHADEVA
    AGED ABOUT 49 YEARS,
    S/O. JAVAREGOWDA
    LOAN NO.197/13

72. SMT. GIRIMALLAMMA
    AGED ABOUT 53 YEARS,
    W/O. KUNDAPALA
    LOAN NO.117/14

73. SRI. MALLESHA
    AGED ABOUT 41 YEARS,
    S/O. JAVARAIAH
    LOAN NO.144/14

74. SRI. JOGAIAH
    AGED ABOUT 58 YEARS,
    S/O. PITTAIAH
    LOAN NO.167

75. SRI. JOGAIAH
    AGED ABOUT 46 YEARS.
    S/O. JOGAIAH
    LOAN NO. 185/14

76. SRI. H.V. MADAIAH
    AGED ABOUT 63 YEARS,
    S/O. EREGOWDA
    LOAN NO.74/1
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77. SRI. JOGAIAH
    AGED ABOUT 53 YEARS,
    S/O. SIDDAMADAMMA
    LOAN NO.172/1

78. SMT. GOWRAMMA
    AGED ABOUT 48 YEARS,
    W/O. HONNAIAH
    LOAN NO.79/2

79. SRI. KUMARASWAMY
    AGED ABOUT 60 YEARS,
    S/O. NANJUNDAPPA
    LOAN NO.186/2

80. SMT. CHIKKENAMMA
    AGED ABOUT 65 YEARS,
    W/O. BEERAIAH
    LOAN NO.59/3

81. SMT. PUTTACHENNAMMA
    AGED ABOUT 42 YEARS,
    W/O. BEERAIAH
    LOAN NO.60/3

82. SRI. C.N. SURESHA
    AGED ABOUT 48 YEARS,
    S/O. C.S. NAGARAJAIAH
    LOAN NO.87/3

83. SMT. PARVATHAMMA
    AGED ABOUT 54 YEARS,
    W/O. GANESHA
    LOAN NO.184/3
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84. SRI. GANESHA
    AGED ABOUT 59 YEARS,
    S/O. MEESEGURUVAIAH
    LOAN NO.187/3

85. SRI. CHENNAIAH
    AGED ABOUT 65 YEARS,
    S/O. GANTEKULLAKAH
    LOAN NO.87/4

86. SRI. CHOWDALAH
    AGED ABOUT 68 YEARS,
    S/O. ERAIAH
    LOAN NO.57/14

87. SRI. BHARATH MOHAN C
    AGED ABOUT 46 YEARS,
    S/O. SHANKARNARAYANA RAJ
    LOAN NO.64/14

88. SRI..RC SOMESHA
    AGED ABOUT 37 YEARS,
    S/O. CHIKKAJAVARAIAH
    LOAN NO.118/3

89. SRI. MAHADEVA
    AGED ABOUT 38 YEARS,
    S/O. HONGAIAH
    LOAN NO.92/14

90. SMT. LINGAMMA
    AGED ABOUT 52 YEARS,
    W/O. PUTTEGOWDA
    LOAN NO.21/3

    ALL PETITIONERS ARE RESIDING AT
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                                      WP No. 3036 of 2025




     ANNASALE-KURUBARAPURA VILLAGE,
     KIRUGAVALU HOBLI,
     MALLAVALLI TALUK,
     MANDYA DISTRICT-571 424.
                                           ...PETITIONERS
(BY SRI. KANTHARAJU C S., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     DEPARTMENT OF CO-OPERATION
     M.S BUILDING
     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,
     SHANTHI NAGAR,
     BANGALORE-560 027,
     REPRESENTED BY ITS SECRETARY.

3.   DEPUTY REGISTRAR OF COOPERATIVE
     SOCIETIES/DISTRICT ELECTION OFFICER
     DISTRICT OFFICE,
     SUBHASH NAGAR, 1ST CROSS,
     MANDYA DISTRICT-573 201.

4.   RETURNING OFFICER,
     CHIKKAMULAGODU PRIMARY AGRICULTURAL
     CREDIT CO-OPERATIVE SOCIETY LTD.,
     CHIKKAMULAGODU VILLAGE,
     KIRUGAVALU HOBLI, MALLAVALLI TALUK,
     MANDYA DISTRICT - 571 424.
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                                   WP No. 3036 of 2025




5.   CHIKKAMULAGODU PRIMARY AGRICULTURAL
     CREDIT CO-OPERATIVE SOCIETY LTD.,
     REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
     CHIKKAMULAGODU VILLAGE,
     KIRUGAVALU HOBLI,
     MALLAVALLI TALUK,
     MANDYA DISTRICT 571 424.

     5TH RESPONDENT SOCIETY IS REGISTERED UNDER
     KARNATAKA CO OPERATIVE SOCIETIES ACT 1959

                                        ...RESPONDENTS

(BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4;
    SRI. T L KIRAN KUMAR, ADVOCATE FOR R2;
    VIDE ORDER DATED:18.2.25, R5-CHIKKAMULAGODU
    PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY
    LTD., MANDYA SERVED)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT NO.2, 3, 4 AND 5 TO INCLUDE THE
NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST
AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS
TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE
HELD ON 05.02.2025 IN THE INTEREST OF JUSTICE AND
EQUITY.

     THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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                                            WP No. 3036 of 2025




    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

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

W.P.No.8502/2022 dated 7.6.2022

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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.

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