Karnataka High Court
Sri Ramesh N C vs The State Of Karnataka on 21 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:12571
WP No. 3478 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. 3478 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI RAMESH N C
S/O CHANNAPPA V.
AGED ABOUT 59 YEARS,
SHARE NO.30/52,
R/O NERALAGHATTA VILLAGE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561203.
2. SRI.SHETTAPPA
S/O HANUMAIAH,
AGED ABOUT 69 YEARS,
SHARE NO.9/36,
R/O JODIKAREPURA VILLAGE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561203.
3. SRI.KEMPAIAH,
S/O NARASAPPA,
Digitally signed AGED ABOUT 70 YEARS,
by SHWETHA SHARE NO.56/41,
RAGHAVENDRA
R/O MARALENAHALLI VILLAGE,
Location: HIGH DODDABALLAPURA TALUK,
COURT OF
KARNATAKA BENGALURU RURAL DISTRICT-561203.
4. SRI.H.SANJEEVAIAH,
S/O HANUMAIAH,
AGED ABOUT 80 YEARS,
SHARE NO.128/36,
R/O HANABE VILLAGE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561203.
...PETITIONERS
(BY SRI. K.L. SREENIVAS, ADVOCATE)
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NC: 2025:KHC:12571
WP No. 3478 of 2025
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING,
BENGALURU-560010.
2. THE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, SHANTHINAGAR
TTMC 'A' BLOCK, K.H. ROAD,
SHANTHINAGAR,
BENGALURU-560027,
REP. BY ITS COMMISSIONER.
3. THE ELECTION OFFICER AND
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
BENGALURU REGION,
BENGALURU-560001.
4. THE RETURNING OFFICER,
DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE
AGRICULTURE RURAL DEVELOPMENT BANK LIMITED,
DODDABALLAPURA-561203,
BENGALURU RURAL DISTRICT.
5. DODDABALLAPURA TALUK PRIMARY CO-OPERATIVE
AGRICULTURE RURAL DEVELOPMENT BANK LIMITED,
REGISTERED CO-OPERATIVE BANK,
DODDABALLAPURA-561203,
BENGALURU RURAL DISTRICT,
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2
SRI. H.V. SUBRAMANYA, ADVOCATE FOR R5
SRI. K. BALAKRISHNA, ADVOCATE FOR
IMPLEADING APPLICANT ON I.A.NO.1/2025)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE
VOTERS LIST OF HANABE CONSTITUENCY DATED NIL, VIDE
ANNEXURE-C, OF THE RESPONDENT NO. 5 - DODDABALLAPURA
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WP No. 3478 of 2025
TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK LIMITED, DODDABALLAPURA, BENGALURU
RURAL DISTRICT, AS FAR AS IT RELATES TO THE PETITIONERS ETC.
THIS PETITION, COMING ON FOR ORDERS, 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 order 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
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:12571
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 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 in each of
the above matter.
iii) In the event of any proceeding being filed in
relation to the results of the election under Section
NC: 2025:KHC:12571
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
AMM
