Karnataka High Court
Reshme Kaimagga Nekarara Utpadane vs The State Ofkarnataka on 27 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:13114
WP No. 8217 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. 8217 OF 2025 (CS-EL/M)
BETWEEN:
1. RESHME KAIMAGGA NEKARARA UTPADANE
HAGU MAARATHA SAHAKARA SANGHA NIYAMITHA
GUNDLAPALLI TALUK
CHIKKABALLAPUR DISTRICT- 561 207
REPRESENTED BY ITS PRESIDENT/ DELEGATE
GANGADARAPPA, S/O NADAPI VENKATAPPA
AGE 45 YEARS.
2. CHINTAMANI TOWN AND TALUK
HOUSE BUILDING CO-OPERATIVE SOCIETY ITD,
WARD No. 12, NEAR CANARA BANK
CHINTAMANI TOWN
CHIKKABALLAPUR DISTRICT- 563 125.
REPRESENTED BY ITS DIRECTOR/ DELEGATE
M. RAMESH, S/O LATE K.MOHAN
AGE 52 YEARS.
Digitally signed
by SHWETHA
RAGHAVENDRA 3. GOVERNMENT EMPLOYEES' HOUSE BUILDING
Location: HIGH CO-OPERATIVE SOCIETY LTD,
COURT OF
KARNATAKA 1ST CROSS, Y.S GUNDAPPA LAYOUT
CHINTAMANI TOWN
CHIKKABALLAPUR DISTRICT- 563 125.
REPRESENTED BY ITS PRESIDENT/ DELEGATE
PRAKASH REDDY, S/O A.S.PAPANNA
AGE 51 YEARS.
(THE PETITIONERS SOCIETY ARE REGISTERED
UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-
1959)
...PETITIONERS
(BY SRI GIRISH J, DVOCATE)
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NC: 2025:KHC:13114
WP No. 8217 of 2025
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REP. 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 CO-OPERATIVE
SOCIETIES/DISTRICT
ELECTION OFFICER
CHIKKABALLAPUR
CHIKKABALLAPUR-561 207.
4. RETURNING OFFICER
CHIKKABALLAPUR DISTRICT CO-OPERATIVE
UNION LTD, CO-OPERTAIVE BHANVAN,
NH 44, HAROBANDE CROSS
CHIKKABALLAPUR DISTRICT-562 101.
5. CHIKKABALLAPUR DISTRICT CO-OPERATIVE
UNION LTD,
CO-OPERTAIVE BHANVAN, NH 44, HAROBANDE
CROSS, CHIKKABALLAPUR DISTRICT-562 101
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SRI YOGESH D NAIK, AGA FOR R1, R3 & R4
SRI T L KIRAN KUMAR, ADVOCATE FOR R2
SRI DEVI PRASAD SHETTY, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT Nos.2 TO 5 TO INCLUDE THE NAME
OF THE PETITIONERS IN THE ELIGIBLE VOTERS' LIST AND
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NC: 2025:KHC:13114
WP No. 8217 of 2025
PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE
ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED
TO BE HELD ON 23/03/2025 PROVIDED AT ANNEXURE-B
DATED: 05.03.2025 IN THE INTEREST OF JUSTICE AND
EQUITY 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
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
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC:13114
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 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 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
