Karnataka High Court

Sri B Raghunatha Reddy vs The State Of Karnataka on 21 March, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                          WP No. 4416 of 2025




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 21ST DAY OF MARCH, 2025

                                           BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                          WRIT PETITION NO. 4416 OF 2025 (CS-EL/M)
                   BETWEEN:

                   1.    SRI B RAGHUNATHA REDDY
                         S/O. BYYAREDDY
                         AGED ABOUT 67 YEARS
                         SAJJALAVARIPALLI VILLAGE,
                         PULGAL GRAMA PANCHAYATHI
                         CHELURU TALUK,
                         CHIKKABALLAPURA DISTRICT
                         PIN -563124.
                         MEMBERSHIP NO.5376

                   2.    SRI. VENKATAPPA @ G VENKATAPPA
                         S/O. SRI GANGULAPPA
                         AGED ABOUT 81 YEARS
                         SAJJALAVARIPALLI VILLAGE,
                         PULGAL GRAMA PANCHAYATHI
                         CHELURU TALUK,
Digitally signed         CHIKKABALLAPURA DIST.
by SHWETHA               PIN -563124.
RAGHAVENDRA
Location: HIGH
                         MEMBERSHIP NO.0554
COURT OF
KARNATAKA
                   3.    SRI. ESHWARAREDDY.P
                         S/O. LATE PEDDARAMANNA
                         AGED ABOUT 54 YEARS
                         R/AT VANTRIVANDARAPALLI VILLAGE,
                         NAREMADDEPALLI POST
                         CHELUR TALUK,
                         CHIKKABALLAPURA DISTRICT.
                         PIN -561212
                         MEMBERSHIP NO.0805
                           -2-
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4.   SRI.GANGULAPPA
     S/O. YELLAPPA
     AGED ABOUT 65 YEARS
     SAJJALAVARIPALLI VILLAGE,
     PULGAL GRAMA PANCHAYATHI
     CHELURU TALUK, CHIKKABALLAPURA DIST.
     PIN -563124.
     MEMBERSHIP NO.5040

5.   SRI. BAYYAREDDY.V @CHINNA BAYYAREDDY
     S/O. VENKATAREDDY @ VENKATAPPA,
     AGED ABOUT 66 YEARS
     R/AT VENTEERAVANDLAPALLI VILLAGE,
     NAREMADDEPALLI POST
     CHELUR TALUK, CHIKKABALLAPURA DISTRICT.
     PIN -561212
     MEMBERSHIP NO.0813

6.   SRI. PAPIREDDY
     S/O. LATE VENKATAREDDY,
     AGED ABOUT 66 YEARS
     R/AT VENTEERAVANDLAPALLI VILLAGE,
     NAREMADDEPALLI POST
     CHELUR TALUK, CHIKKABALLAPURA DISTRICT.
     PIN -561212
     MEMBERSHIP NO.6336

7.   SRI.P.B.BAYYAREDDY
     W/O. LATE BYYAPPA
     AGED ABOUT 54 YEARS
     R/AT YAGAVAPYALAVANDLAPALLI VILLAGE,
     CHAKAVELU POST,
     CHELUR TALUK,
     CHIKKABALLAPURA DISTRICT
     PIN -563124.
     MEMBERSHIP NO.0640

8.   SRI VENKATARAVANAPPA
     @ VENKATARAMANAPPA
     S/O. GADI YAMAREDDY
     @ GADHI VEMANNA
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                                    WP No. 4416 of 2025




     AGED ABOUT 77 YEARS
     R/AT RAMANUPADI VILLAGE,
     NAREMADDEPALLI POST
     CHELURU TALUK,
     CHIKKABALLAPURA DISTRICT
     PIN -561212.
     MEMBERSHIP NO.3980

9.   SRI.K.R.VENUGOPAL REDDY
     S/O.K.T.RAMACHANDRA REDDY
     AGED ABOUT 63 YEARS
     R/AT VENKATAREDDYPALLI VILLAGE
     CHAKAVELU POST,
     CHELURU TALUK, CHIKKABALLAPURA DISTRICT
     PIN -563124.
     MEMBERSHIP NO.6444

10. SRI. CHIKKAVENKATARAYAPPA
    @ VENKATARAYAPPA
    S/O. BOMMENARAYANAPPA @ NARAYANAPPA
    AGED ABOUT 78 YEARS
    R/AT VENKATESHAPALLI VILLAGE,
    CHAKAVELU POST,
    CHELURU TALUK, CHIKKABALLAPURA DISTRICT
    PIN -563124.
    MEMBERSHIP NO.787

11. SMT. AMARAMMA
    W/O. SRI NAGARAJ
    AGED ABOUT 38 YEARS
    R/AT VENKATESHAPALLI VILLAGE,
    CHAKAVELU POST,
    CHELURU TALUK,
    CHIKKABALLAPURA DISTRICT
    PIN -563124.
    MEMBERSHIP NO.6098

12. SRI.SOMASHEKARA REDDY.P.S
    S/O. SUBBAREDDY P.S.
    AGED ABOUT 52 YEARS
    R/AT BUDDLAVARAPALLI VILLAGE
                          -4-
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                                  WP No. 4416 of 2025




    CKAVELU GRAMA PANCHAYATHI
    CHELURU TALUK, CHIKKABALLAPURA DISTRICT
    PIN - 563124.
    MEMBERSHIP NO.5662

13. SRI.NARAYANAPPA @ NARAYANASWAMY
    S/O.LATE VENKATARAYAPPA
    AGED ABOUT 55 YEARS,
    R/AT KOTHURU VILLAGE
    CHAKAVELU POST,
    CHELURU TALUK,
    CHIKKABALLAPURA DISTRICT
    PIN -563124.
    MEMBERSHIP NO.0806

14. SRI.B.KASIGANGULAPPA @ B. GANGULAPPA
    S/O. LATE NARASIHAPPA @ NARASIMHALU
    AGED ABOUT 63 YEARS
    R/AT BELALLAMPALLI VILLAGE,
    PULAGEL GRAMA PANCHAYATHI
    BAGEPALLI TALUK,
    CHIKKABALLAPURA DISTRICT
    PIN - 563124
    MEMBERSHIP NO.0323

15. SRI. REDDAPPA V.N. @ V.N.REDDAPPAREDDY
    S/O. NARAYANAREDDY
    AGED ABOUT 75 YEARS
    R/AT UDAVARAPLLI VILLAGE,
    PULAGEL GRAMA PANCHAYATHI
    BAGEPALLI TALUK,
    CHIKKABALLAPURA DISTRICT
    PIN -563124
    MEMBERSHIP NO.0982

16. SRI VENKATASHIVAREDDY M.P.
    S/O. PAPANNA @ MULAKAPADDAPAPIREDDY
    AGED ABOUT 61 YEARS
    R/AT UDAVARAPALLI VILLAGE,
    PULAGEL GRAMA PANCHAYATHI
    BAGEPALLI TALUK,
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    CHIKKABALLAPURA DISTRICT
    PIN -563124
    MEMBERSHIP NO.0034

17. SRI PEDDAMUNISWAMY
    @ MUNISWAMY NAYAKA
    S/O. LATE MUNENAYAKA
    AGED ABOUT 78 YEARS
    VENKATAREDDIPALLU THANDA
    (MADDIREDDYPALLI VILLAGE)
    CHAKAVELU POST CHELURU TALUK
    CHIKKABALLAPURA DISTRICT-563124
    MEMBERSHIP NO. 0309

18. SRI NARASIMHAREDDY
    S/O. LATE GANGIREDDY
    AGED ABOUT 71 YEARS
    R/AT SAJJALAVARIPALLI VILLAGE,
    PULGAL GRAMA PANCHAYATHI
    CHELURU TALUK,
    CHIKKABALLAPURA DISTRICT
    PIN -563124.
    MEMBERSHIP NO.0872

19. SRI. RANGAPPA
    S/O LATE VENKATAPPA
    AGED ABOUT 85 YEARS
    R/AT SAJJALAVARIPALLI VILLAGE,
    PULGAL GRAMA PANCHAYATHI
    CHELURU TALUK
    CHIKKABALLAPURA DISTRICT PIN-563124
    MEMBERSHIP NO.0829

20. SMT. JAYAMMA
    W/O. M.N.VENKATARAVANAPPA
    AGED ABOUT 55 YEARS
    R/AT MYAKALAPALLI VILLAGE
    PULAGALU POST
    CHELURU TALUK - 563124
    MEMBERSHIP NO.6517
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21. SRI. SR. S.R.VENKATAPPA
    S/O. RANGAPPA
    AGED ABOUT 46 YEARS
    R/AT SAJJALAVARIPALLI VILLAGE,
    PULGAL GRAMA PANCHAYATHI
    CHELURU TALUK,
    CHIKKABALLAPURA DISTRICT
    PIN -563124.
    MEMBERSHIP NO.4843

22. SRI.B.R.VENKATA REDDY
    S/O. CHINNABYYAPPA
    AGED ABOUT 71 YEARS
    R/AT RAGIMAKALAPALLI VILLAGE
    PULAGALU POST
    CHELURU TALUK - 563124
    MEMBERSHIP NO. 5325

23. SRI. GANGI REDDY
    S/O. CHINNAVENKATARAYAPPA
    AGED ABOUT 74 YEARS
    R/AT MARAVAPALLI VILLAGE
    CHAKAVELU POST
    CHELURU TALUK - 563124
    MEMBERSHIP NO. 6075

24. SRI K.V. VENKATARAVANAPPA
    S/O. LATE KUKKALA RAMANNA
    AGED ABOUT 63 YEARS
    R/AT SAJJALAVARAPALLI VILLAGE,
    PULGAL GRAMA PANCHAYATHI
    CHELUR TALUK,
    CHIKKABALLAPURA DISTRICT PIN -563124.
    MEMBERSHIP NO. 1002

25. SRI. G. VENKATAREDDY
    S/O. LATE GANGUPPA
    AGED ABOUT 72 YEARS
    R/AT DEGAVAPAYALAVARAPALLI VILLAGE
    CHAKAVELU POST, CHELURU TALUK
    CHIKKABALLAPURA DSITRICT- 563124
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    MEMBERSHIP NO. 0860

26. SMT. LAKSHMIDEVAMMA
    W/O. SRI VENKATARAVANAPPA @ VENKATARAYAPPA
    AGED ABOUT 50 YEARS
    R/AT SAJJALAVARAPALLI VILLAGE,
    PULGAL GRAMA PANCHAYATHI
    CHELUR TALUK, CHIKKABALLAPURA DISTRICT.
    PIN -563124.
    MEMBERSHIP NO.6341

27. SMT.PADMAVATHAMMA
    W/O. VENKATARAVANAPPA @ VENKATARAYAPPA
    AGED ABOUT 72 YEARS
    R/AT SAJJALAVARAPALLI VILLAGE,
    PULGAL GRAMA PANCHAYATHI
    CHELUR TALUK,
    CHIKKABALLAPURA DISTRICT.
    PIN -563124.
    MEMBERSHIP NO. 6340

28. SMT. NARAYANAMMA
    W/O. LATE SRIRAMAPPA
    AGED ABOUT 58 YEARS
    R/AT SAJJALAVARAPALLI VILLAGE
    PULIGALE POST,
    CHELURU TALUK-563124
    MEMBERSHIP NO.6342


29. SMT. NARAYANAMMA
    W/O. LATE RAMAPPA
    AGED ABOUT 58 YEARS
    R/AT SAJJALAVARAPALLI VILLAGE
    PULGAL GRAMA PANCHAYATHI,
    CHELUR TALUK-563124
    MEMBERSHIP NO.6099

30. SRI. SEETHARAM M.
    S/O. M. KRISHNAMURTHY
    AGED ABOUT 51 YEARS
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                                    WP No. 4416 of 2025




     R/AT PULIGAL AT AND POST
     CHELURU TALUK - 563124
     MEMBERSHIP NO.0988

     NOW CAMPED AT NO. 1352, 1ST FLOOR,
     5TH CROSS, ASHOKANAGAR,
     BSK 1ST STAGE VTC
     BANASHANKARI
     BENGALURU -560 050.

     ALL ARE MEMBERS OF THE PRIMARY CO-OPERATIVE
     AGRICULTURE AND RURAL DEVELOPMENT BANK
     LIMITED, BAGEPALLI TALUK,
     CHIKKABALLAPURA DISTRICT WHICH IS
     REGISTERED UNDER THE KARNATAKA COOPERATIVE
     SOCIETIES ACT
                                         ...PETITIONERS
(BY SRI. CHOWDAREDDY T.M., 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.   THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
     BANGALORE RANGE,
     SAHAKARA SOUDHA
     MARGOUS ROAD,
     MALLESHWARAMA
     BENGALURU - 560 003.
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                                     WP No. 4416 of 2025




4.   THE DEPUTY REGISTRAR OF CO-OPERATIVE
     SOCIETIES
     CHIKKABALLAPURA DISTRICT,
     CHIKKABALLAPURA -562101

5.   THE PRIMARY CO-OPERATIVE AGRICULTURE AND
     RURAL DEVELOPMENT BANK LIMITED.,
     BAGEPALLI TALUK,
     CHIKKABALLAPURA DISTRICT-561207
     BY ITS MANAGER
     REGISTERED UNDER THE PROVISION OF THE
     KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959

6.   THE RETURNING OFFICER
     THE PRIMARY CO-OPERATIVE AGRICULTURE AND
     RURAL DEVELOPMENT BANK LTD.,
     BAGEPALLI TALUK,
     CHIKKABALLAPURA DIST- 561207
                                        ...RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 AND R6;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
    SRI. RAKSHITH KUMAR, ADVOCATE FOR R5)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2
TO R-6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE
ELIGIBLE VOTERS LIST PRODUCED AT ANNX-C AND PERMIT
THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS
TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON
16.02.2025.GRANT AN INTERIM ORDER TO DIRECT THE R-2 TO
6 TO PREPARE AND CONDUCT THE ELECTION TO THE R-5
SOCIETY BY PERMITTING THE PETITIONER TO CAST THEIR
VOTES IN THE ELECTIONS SCHEDULED TO BE HELD ON
16.02.2025 AS PER ANNX-C.

     THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM:   HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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                                           WP No. 4416 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

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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 of 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 of 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