[Cites 3, Cited by 0]
Karnataka High Court
Subramaya. S. Rao vs Department Of Co-Operation on 6 March, 2026
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NC: 2026:KHC:13690
WP No. 7520 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.7520 OF 2026 (CS-EL/M)
BETWEEN:
1. SUBRAMAYA. S. RAO
S/O SWAMY RAO,
AGED ABOUT 45 YEARS,
R/AT SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO.24/3
SL NO. 22.
2. VISWHWANATH
S/O. PARAMESHWAR BANDARI,
AGED ABOUT 52 YEARS,
R/AT. BILLODI, SONALE POST,
HOSANAGARA TALUK,
Digitally signed SHIVAMOGGA DISTRICT-577418
by CHAYA S A
Location: HIGH SHARE NO. 112/4
COURT OF SL NO. 25.
KARNATAKA
3. RAJESH
S/O UMAPATHI,
AGED ABOUT 35 YEARS,
R/AT. SONALE POST
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 247/4,
SL NO. 28.
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4. SUNDAR BHANDARI
S/O. KALABANDARI,
AGED ABOUT 65 YEARS,
R/AT. BILLODI,
SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 66/4, SL NO. 59.
5. MADHUSUDHAN
S/O. MALLIKARJUNAPPA,
AGED ABOUT 40 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 68/4, SL NO. 59.
6. PRAKASH H.M.
S/O. MALLIKARJUNA,
AGED ABOUT 45 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 72/4, SL NO. 60.
7. RATHNAMMA
W/O. MALLIKARJUN,
AGED ABOUT 65 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 41/3,
SI NO. 30.
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8. SHANKAR NARAYANA UPPUR
S/O. MAHABALESHWAR BHAT UPPUR,
AGED ABOUT 68 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 48/3, SL NO.77.
9. SAVITHRI,
W/O. NAGESH,
AGED ABOUT 55 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 66/2, SL. NO. 99.
10. NINGAMMA
W/O. RUDRA SHETTY,
AGED ABOUT 68 YEARS,
R/AT. KOLAGI,
SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 30/3, SL NO. 106.
11. JAYAMMA
W/O. KRISHNA BHANDARI,
AGED ABOUT 65 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 99/3,
SL NO. 109.
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12. ASHOKA
S/O. KRISHNAPPA,
AGED ABOUT 50 YEARS,
R/AT. KOLAGI,
SONALE POST, HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 93/1,
SL NO. 110.
13. SHEKARAPPA
S/O. RUDRAPPA,
AGED ABOUT 45 YEARS,
R/AT. KOLAGI,
SONALE POST, HOSANAGARA TALUK, S
HIVAMOGGA DISTRICT-577418
SHARE NO. 66/4,
SL NO. 112.
14. SHANKAIAH SHETTY
S/O. KRISHNA SHETTY,
AGED ABOUT 66 YEARS,
R/AT. KOLAGI,
SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 36/1,
SL NO. 116.
15. MANJA SHETTY
S/O. PUTTA SHETTY,
AGED ABOUT 62 YEARS,
R/AT. KOLAGI,
SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
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WP No. 7520 of 2026
HC-KAR
SHARE NO. 99/1,
SL NO. 134.
16. SWAMY SHETTY
S/O. PUTTA SHETTY,
AGED ABOUT 55 YEARS,
R/AT. KOLAGI,
SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 1/2,
SL NO. 136.
17. RAMAPPA
S/O. HALANAIK,
AGED ABOUT 63 YEARS,
R/AT. SONALE POST, HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO.46/2,
SI NO.158.
18. RUDRAPPA
S/O. YOGA SHETTY,
AGED ABOUT 58 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 46/2,
SL NO.159.
19. BHUJANGA SHETTY
S/O. MAHABALA SHETTY,
AGED ABOUT 66 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
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WP No. 7520 of 2026
HC-KAR
SHIVAMOGGA DISTRICT-577418
SHARE NO. 68/2,
SL NO. 168.
20. GOPALA
S/O. RAMAPPA GOWDA,
AGED ABOUT 55 YEARS,
R/AT. SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 90/2, SL NO. 171.
21. SUBBAIAH
S/O. GOPAIAH GOWDA,
AGED ABOUT 58 YEARS,
HOSANAGARA TALUK,
R/AT. NEVANE,
SONALE POST,
SHIVAMOGGA DISTRICT-577418
SHARE NO. 105/1, SL NO. 23.
...PETITIONERS
(BY SRI. SHASHANKA K., ADVOCATE)
AND:
1. DEPARTMENT OF CO-OPERATION,
M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION
AUTHORITY 3RD FLOOR,
TTMC 'A' BLOCK, K. H. ROAD,
SHANTINAGAR,
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WP No. 7520 of 2026
HC-KAR
BENGALURU -560 027.
REPRESENTED BY ITS SECRETARY.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577 201.
4. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES
SAGAR SUB-DIVISION
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577 432.
5. THE RETURNING OFFICER
PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LTD.
AND AGRICULTURE OFFICER,
HUMCHA HOBLI, SONALE POST,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577 418.
6. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LTD.,
SONALE POST, HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577 418
(A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT-1959)
REP. BY ITS SECRETARY.
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 & R5;
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WP No. 7520 of 2026
HC-KAR
SRI. A. DEVARAJA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NO.2 TO 6 TO INCLUDE THE NAME
OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST
PRODUCED AT ANNEXURE-B AND C AND PERMIT THE
PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO
THE RESPONDENT NO.6 WHICH IS SCHEDULED TO BE HELD
ON 06/03/2026 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this Writ Petition, the petitioners have sought for a writ
of mandamus to direct respondent Nos.2 to 6 to include name
of the petitioners in the eligible voters' list as per Annexures - B
and C and permit the petitioners to cast their votes in the
ensuing election to be held today.
2. Heard Sri. Shashanka K., learned counsel appearing for
the petitioners and Sri. Yogesh D. Naik, learned Additional
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Government Advocate appearing for the respondent Nos.1, 3,
4 and 5.
3. It is argued by Sri. Shashanka K., learned counsel
appearing for the petitioners, that the voters' list was
provisionally issued however, name of the petitioners was not
found in the said provisional voters' list and it is also stated
that while removing the name of the petitioners from the
voters' list, and in this regard no notice was issued and
accordingly, learned counsel sought for a direction to the
respondents to include the name of the petitioners in the
voters' list.
4. Per contra, Sri. Yogesh D. Naik, learned Additional
Government Advocate, placed reliance on the Judgment of
Division Bench of this Court in W.A.No.100619/2024 dated
06.06.2025, wherein, under similar circumstances, the Division
Bench of this Court has opined that the appellants therein have
efficacious remedy under S.70(2) of the Karnataka Co-
operative Societies Act, 1959. In that view of the matter, I am
of the view that, no interference is called for in this Writ
Petition.
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5. It is also to be noted that prior to finalisation of the
voters' list, the respondent - authorities have already issued
the provisional voters' list and also the same was published in
the Society. In that view of the matter, I am of the view that,
the contention raised by the petitioners in this Writ Petition
cannot be accepted.
6. Accordingly, the Writ Petition is dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
sac
List No.: 1 Sl No.: 45
