Karnataka High Court
Shivananjappa vs The State Of Karnataka on 27 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:13115
WP No. 8887 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 8887 OF 2025 (CS-EL/M)
BETWEEN:
1. SHIVANANJAPPA
S/O. DASAPPA
AGED ABOUT 67 YEARS
R/AT/SHANTHINIKETHANA, 3RD MAIN
OPP. GANESHA TEMPLE ARCH
SHANTHINAGARA
TUMAKURU-572 102.
MEMBERSHIP NO.339/2
2. SMT.SUJATHA,
W/O.ASWATHANARAYAN.N
AGED ABOUT 48 YEARS,
R/AT. NO.7TH 'A' CROSS
HANUMANTHAPURA,
TUMAKURU - 572 102.
SHARE NO.2204/14
Digitally signed
by SHWETHA PC NO 572 103.
RAGHAVENDRA
Location: HIGH 3. G.C.GANGAIAH
COURT OF
KARNATAKA S/O.CHALUVAIAH
AGED ABOUT 70 YEARS
R/AT. NISARGA, 2ND CROSS
T.P. KAILASAM ROAD SAPTHAGIRI
TUMAKURU-572 102.
SHARE NO.572102
SHARE NO.2204/14
4. K. VARADAIAH
S/O. KANCHIGAIAH
AGED ABOUT 70 YEARS
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WP No. 8887 of 2025
R/AT. SRI LAKSHMI NARASIMHA
KURUPSAPTHAGIRI EXTENSION
OPP. HMSSCHOOL, SETTIHALLI ROAD
TUMAKURU - 572 102.
SHARE NO.408/3, PC NO 572 102.
5. B.H.RAJESH
S/O. LATE. HANUMAIAH
AGED ABOUT 60 YEARS
R/AT. BEHIND NALANDA HIGH SCHOOL
BHEEMASANDRA
TUMAKURU-572 102.
SHARE NO. 756/6, PC NO.572107.
6. K.N.RAJU
S/O. LATE. K. NANJAPPA
AGED ABOUT 60 YEARS
R/AT. "SHIVASHAKTHI", 1ST MAIN
SARASWATHIPURAM, TUMAKURU - 572 102.
SHARE NO.291/2, PC NO.572105.
7. NINGAIAH.T
S/O. THIRUMALAIAH
AGED ABOUT 62 YEARS
IV TH MAIN, 1ST CROSS,
SADASHIVA NAGARA,
TUMAKURU- 572 102.
SHARE NO. 712/6 PC NO.572101
8. SMT.D.O.SUJATHA
W/O.P. BASAVARJU
AGED ABOUT 55 YEARS
R/AT. 'MATHRASREENIVAS'
NEAR SAMUDHAYA BHAVAN
CYCLE SAND FACTORY ROAD
UPPARAHALLI
TUMAKURU-572 102.
SHARE NO.685/5 PC NO.572102.
9. GANGARAJU.G.V.
S/O. VENKATACHALAIAH
AGED ABOUT 56 YEARS
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WP No. 8887 of 2025
C/O.CHANNAIAH, 2ND CROSS
CSI LAYOUT, TUMAKURU - 572 102.
SHARE NO.1019/7 PC NO.572105.
10. A. JAYAMURTHY,
S/O. ANJANAPPA
AGED ABOUT 62 YEARS
R/AT. BELAGUMBA MAIN
KOTHI THOPPU, AUTO CIRCLE
TUMAKURU-572 102.
SHARE NO.430/3.
11. SIDDALINGAIAH
S/O. LATE. LINGAIAH
AGED ABOUT 70 YEARS
R/AT.149, 11TH A CROSS,
MAHALAKSHMI NAGARA,
BATAVADI, TUMAKURU-572 102.
SHARE NO.505/14.
...PETITIONERS
(BY SRI GEORGE ANTHONY CRUZ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S. BUILDINGS
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560 001.
2. THE CO-OPERATIVE ELECTION COMMISSION
OFFICE AT 3RD FLOOR, SHANTHINAGAR TTMC,
'A' BLOCK, DOUBLE ROAD, SHANTHINAGAR
BENGALURU - 560 027.
REPRESENTED BY CO-OPERATIVE
ELECTION COMMISSIONER.
3. THE CO-OPERATIVE ELECTION AUTHORITY
ELECTION AUTHORITY FOR CONDUCTION TO
PRIMARY CO-OPERATIVE SOCIETIES
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WP No. 8887 of 2025
SIRA, TUMAKURU DISTRICT -572 129.
REPRESENTED BY DEPUTY ELECTION
COMMISSIONER.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, TUMAKURU DISTRICT, TUMAKURU,
MINI VIDHANA SOUDHA, 2ND FLOOR
ROOM NO.305, TUMAKURU-572 101.
5. NAGARJUNA PATHINASAHAKARA SANGHA
NIYAMITHA, KUNIGALROAD, SADHASHIVANAGARA
TUMAKURU DISTRICT-572 137.
REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER/SECRETARY.
6. THE RETURNING OFFICER,
NAGARJUNA PATHINASAHAKARA SANGHA
NIYAMITHA, KUNIGAL ROAD, SADHASHIVANAGARA
TUMAKURU DISTRICT-572 137
(SOCIETY REGISTERED UNDER THE KCS ACT, 1959).
...RESPONDENTS
(BY SRI YOGESH D NAIK, AGA FOR R1, R4, R6
SRI T L KIRAN KUMAR, ADVOCATE FOR R2 & R3
SRI A C BALARAJ, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RELEVANT RECORDS PENDING ON THE FILE OF THE
RETURNING OFFICER-R-6 PERTAINING TO THE ELECTION
RECORDS PENDING ON THE FILE OF RESPONDENT NO.5
PERTAINING TO NAGARJUNA PATHINASAHAKARA SANGHA
NIYAMITHA, KUNIGAL ROAD, SADHASHIVANAGARA,
TUMAKURU DISTRICT PERTAINING TO THE ELECTION RESULT
HELD ON 16-02-2025 AND ETC.,
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. 8887 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 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
may be raised are left open for consideration in
accordance with the applicable law, this court has
not expressed any opinion on those issues.
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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
MR
