Karnataka High Court
Rathnakara Prabhu vs The State Of Karnataka on 16 January, 2025
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NC: 2025:KHC:1830
WP No. 457 of 2025
C/W WP No. 166 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.457 OF 2025 (CS-EL/M)
C/W
WRIT PETITION NO.166 OF 2025 (CS-EL/M)
IN W.P. No.457/2025
BETWEEN:
1. SRI SEETHARAMA BHAT
S/O MAHALABALESHWARA BHAT
AGED ABOUT 55 YEARS,
HOLMANE UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.105.
2. NARAYANA / KUPPAYYA GOWDA
S/O GOVINDA GANIGA
AGED ABOUT 56 YEARS,
SOORUADI UPPUNDA
BYNDOOR TALUK, UDUPI-576232
Digitally signed by
MAHALAKSHMI B M MEMBERSHIP NO.174.
Location: HIGH
COURT OF 3. MANJAYYA GANIGA
KARNATAKA S/O. GOVINDA GANIGA
AGED ABOUT 46 YEARS,
KANTADA MANE UPPUNDA
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.205.
4. VENKATA KHARVI
S/O. DAARA
AGED ABOUT 47 YEARS,
AMMANORATOPLU
TODMANE UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-57632
MEMBERSHIP NO.257.
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WP No. 457 of 2025
C/W WP No. 166 of 2025
5. MAHABALA SHETTY
S/O. EERANAN SHETTY
AGED ABOUT 56 YEARS,
CHMTEHARLU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.272.
6. SUKRA DEVADIGA
S/O. SUBBI
BAYAMHITHLU HONDADAHITLU
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232.
MEMBERSHIP NO.309.
7. RAMA KHARVI
S/O. KANAKANA GOVINDA
AGED ABOUT 46 YEARS,
KANAKANAMANE KARKIKALI
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.728.
8. MARLA KHARVI
S/O. KANAKANA GOVINDA
AGED ABOUT 46 YEARS,
KANAKANAMEN KARKIKALI
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.729.
9. DURGA KHARVI
S/O. MANJA KAHARVI
AGED ABOUT 45 YEARS,
PUTTIMANE MADIKAL,
TARAPATHI UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1234.
10. DURGA KHARVI
S/O. GULLI KANNA,
AGED ABOUT 43 YEARS,
GULIMANE MADIKAL,
UPPUNDA VILLAGE, TARAPATHI,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1281.
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WP No. 457 of 2025
C/W WP No. 166 of 2025
11. BADARA KHARVI
S/O. KALI RAMA,
AGED ABOUT 44 YEARS,
OLAGADA KATTE, TARAPATHI
UPPUNA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1307.
12. THIMMA KHARVI .K
S/O. AJJAYYA
AGED ABOUT 45 YEARS
KELAMANE, UPPUNDA VILLAGE,
TARAPATHI, BYNDOOR TALUK,
UDDUPI-576232
MEMBERSHIP NO.1358.
13. NAGAPPAYYA ACHARI
S/O. NARAYANA ACHARI
AGED ABOUT 44 YEARS,
HOUSURU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1446.
14. TUNGA
D/O. PUTTI GANIGA
AGED ABOUT 40 YEARS,
KRISHNAMMANA MANE,
NANDANAVANA VILLAGE,
KERGALU, BYNDOOR TALUK,
UDUPI-576219
MEMBERSHIP NO.1511.
15. KUPPU
W/O. ANNAPPA
AGED ABOUT 42 YEARS
BALVADI, KELSIMANE,
BIJOOR VILLAGE,
BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.1649.
16. KRISHNA DEVADIGA
S/O. MANJI
AGED ABOUT 46 YEARS,
HANEBTTU BIJOOR VILLAGE,
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WP No. 457 of 2025
C/W WP No. 166 of 2025
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1805.
17. NAGAYYA/ANGESH GANIGA
S/O DEVAMMA
AGED ABOUT 45 YEARS,
SANNANAMAKKI, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232.
MEMBERSHIP NO.1842.
18. KAVEERI (SC)
D/O. EERU
AGED ABOUT 40 YEARS,
BELAVADI, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.2110.
19. MUTTAYA DEVADIGA
S/O. MUDOORI
AGED ABOUT 45 YEARS
KOTABETTU BIJOOR VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.2136.
20. NARAYANA POOJARI
S/O. RAMA POOJARI
AGED ABOUT 46 YEARS,
MELTHAUR BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232.
MEMBERSHIP NO.2160.
21. GURUVA DEVADIGA
S/O. DURGI
AGED ABOUT 45 YEARS,
KOTTIGEMANE, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.2237.
22. GANAPATHI BHAT
S/O. DEVAPPA BHAT
AGED ABOUT 49 YEARS,
MAKKI TEMPLE, BIJOOR VILLAGE
BYNDOOR TALUK, UDUPI-576232.
MEMBERSHIP NO.2253.
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WP No. 457 of 2025
C/W WP No. 166 of 2025
23. DEVIDAS RAO
S/O. SHANKAR SHET
AGED ABOUT 43 YEARS
NAGOOR, KIRIMANJEHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219.
MEMBERSHIP NO.2671.
24. MANJUNATH KARANTH
S/O. ANANTH KAMATH
AGED ABOUT 40 YEARS,
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.2724.
25. SEENA GANIGA
S/O. ANTHA GANIGA
AGED ABOUT 46 YEARS,
KADKE MANE HERANJALU VILLAGE
BYNDOOR TALUK, UDUPI-576219.
MEMBERSHIP NO.2734.
26. NARAYANA GANIGA
S/O. MUTHA GANIGA
AGED ABOUT 42 YEARS,
JADDINAKONA HEJANRALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.2735.
27. RAMA GANIGA
S/O. SHESHA GANIGA
AGED ABOUT 41 YEARS,
HRAJALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMERSHIP NO.2738.
28. MACHA BILALVA
S/O. KUPPU
AGED ABOUT 46 YEARS
MOORMUDI HERANJALU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.2742.
29. NARAYANA SHETTY
S/O. KAVERI SHETTY
AGED ABOUT 48 YEARS
BATNDI, KALTHODU VILLAGE,
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WP No. 457 of 2025
C/W WP No. 166 of 2025
BYNDOOR TALUK, UDUPI-576219
MEMBERHIP NO.2748.
30. PRUTHIVIRAJ JAIN
S/O. CHANDRAYAY SHETTY,
AGED ABOUT 38 YEARS,
BOLAMBALLI KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.3038.
31. BALAKRISHNA SHANUBHAG
S/O. SBURAYA SHANUBHAG
AGED ABOUT 48 YEARS,
GANAPRIYA, KRIIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.3421.
32. NARAYANA POOJARI
S/O. THIMMA POOJARI
AGED ABOUT 48 YEARS,
GUMMITHOTA, HALGERI,
KAMBADAKONE VILLAGE
BYNDOOR TALUK, UDPUI-576219
MEMBERSHIP NO.3436.
33. SADHU
W/O. MANJU BHANDARI
AGED ABOUT 49 YEARS,
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.3732.
34. SUBBAYYA KHARVI
S/O. NARAYANA
AGED ABOUT 46 YEARS,
BADIKANE, KARKIKALI,
TARAPATHI, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDPUI-57632
MEMBERSHIP NO.4367.
35. SHRIDHAR MERTA .H
S/O. RAMA MERTA
AGED ABOUT 42 YEARS,
KALGERI, HERANJALLUR VILLAGE,
BYNDOOR TALUK, UDUPI-576219.
MEMBERSHIP NO.4387.
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C/W WP No. 166 of 2025
36. MANJUANTH MERTA .H
S/O. RAMA MERTA
AGED ABOUT 38 YEARS,
KALGERI, HERANALLU VILLAGE,
BYNDOR TALUK, UDUPI-576219
MEMBERSHIP NO.4388.
37. NAGAMMA SHEDTHI
D/O. AKKAMMA SHEDHTHI
AGED ABOUT 75 YEARS,
KADKERA MANE KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4399.
38. JAANAKI AMMA
W/O. VENAKTARAMA ITAL
AGED ABOUT 68 YEARS,
NAGOOR, KIRIMANJESHWARA VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4421.
39. DHARMARAJ JAIN
S/O. CHANDRAYYA SHETTY
AGED ABOUT 49 YEARS,
BOLAMBALLI,
KALTHODU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4436.
40. GOURI POOJARITHI
D/O. MUDOORI,
AGED ABOUT 56 YEARS,
MOLEBAILU, KODERI,
KRIIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4442.
41. RAMA DEVADIGA
S/O. AMAMKKA
AGED ABOUT 51 YEARS
CHITRADHI MANE,
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4457.
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42. KUPPAYYA KHARVI
S/O. OMA KHARVI
AGED ABOUT 60 YEARS,
JOGIMANE, KODERI
KIRIMANJESHWARI VILLAGE,
BYNDOOR TALUK, UDUPI-576219.
MEMBERSHIP NO.4493.
43. AKKAMMA
W/O. MANJA SAMAGARA
AGED ABOUT 52 YEARS,
AMBABILU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4504.
44. MACHI DEVADIGA
D/O. PADDU
AGED ABOUT 52 YEARS,
HOSAMANE, KERGALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4592.
45. RAGHURAMA SHETTY
S/O. ANNAPPA
AGED ABOUT 62 YEARS
GOVINDA SHETTAR MANE
MOODUMATA, ULLOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4595.
46. MARLA DEVADIGA
S/O. PUTTI
AGED ABOUT 51 YEARS,
SOORUBETTU,
KHAMBADANKONE VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4737.
47. NARAYANA KHARVI
S/O. DURGA
AGED ABOUT 52 YEARS,
SANKAMMANA MANE,
FISHEREIS COLONY, UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4788.
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48. DURGI KHARVI
D/O. KAVERI MARAVANTE
AGED ABOUT 52 YEARS,
JANATA COLONY, UPPUNA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4803.
49. KRISHNA KHARVI
S/O. NARAYANA
AGED ABOUT 53 YEARS,
MURUDESHWARA MANE MADIKAL
TARAPATHI, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4860.
50. DURGAYYA KHARVI
S/O. NARAYANA
AGED ABOUT 58 YEARS,
MURUDESHWARA MANE MAHABALESHWARA
NANDANAVANA, KERGALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4861.
51. GULABI SHEDHTI
D/O. MOOKAMMA SHEDTHI
AGED ABOUT 50 YEARS,
KADERI MANE,
MOODUMATA, ULLOORU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4865.
52. RAMA KHARVI
S/O. VENKATA
AGED ABOUT 55 YEARS,
ANNAPPANNAMANE KASANADI
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4886.
53. NARAYANA KHARVI
S/O. ANNAPPA
AGED ABOUT 51 YEARS,
HUSHAARANA MANE, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4947.
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54. KUPPAYYA SAMAGARA
S/O. BUDDIVANTHA
AGED ABOUT 56 YEARS,
AMBAGILU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.4957.
55. PARVATHI SAMAGARA
W/O. BAIRA
AGED ABOUT 48 YEARS,
AMBAGILU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-57632
MEMBERSHIP NO.4958.
56. SIDDU POOJARI
D/O. BACHI @ NAGAMMA
AGED ABOUT 49 YEARS,
SOOLINITHLU HALAGERI,
KHAMBADAKONE VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5201.
57. SUBBI DEVADIGA
D/O. EERU
AGED ABOUT 55 YEARS,
HOSAVOKLUMANE, KONOORU,
BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5257.
58. MASTHI KHARVI
S/O. MANJA
AGED ABOUT 52 YEARS,
KOORANAMANE, MADIKALLU
TARAPATHI, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5263.
59. GOPALAKRISHNA SHEREGAR .B
S/O. ACHYUTHA
AGED ABOUT 49 YEARS,
KALIHITHLU, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5314.
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60. LAKSHMANA KHARVI
S/O. DURGI
AGED ABOUT 52 YEARS,
KOMBADIMANE, TARAPATHI
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232,
MEMBERSHIP NO.5382.
61. NARAYANA KHARVI
S/O. SOMAYYA KHARVI
AGED ABOUT 49 YEARS,
BELIYANA MANE AMNORATOPLU,
TARAPATHI, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5480.
62. ANANDA KHARVI .B
S/O. SEETHU
AGED ABOUT 50 YEARS,
BADANAMANE, TARAPATHI
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5506.
63. JANARDAN SHET K.S.
S/O. SHESHA K. SHET
AGED ABOUT 48 YEARS
KHAMBADAKONE VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5545.
64. NAGU KHARVI
W/O. NARAYANA KHARVI
AGED ABOUT 51 YEARS,
KANNAMMANA MANE JANATA COLONY,
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5563.
65. JANAKI BILLAVA
D/O. BABU
AGED ABOUT 50 YEARS,
KABSE MANE, KALSANKA BIJOOR VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5592.
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66. GANAPA BILLAVA
S/O. VENKAMMA
AGED ABOUT 45 YEARS,
KOBRIMANE, KERGAL VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5736.
67. NAGAMMA KHARVI
W/O. SOMA MARAVANTHE
AGED ABOUT 49 YEARS,
MARAVANTHEMANE, AMBAGILU
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5790.
68. SOORA POOJARTHI
D/O. MANJI
AGED ABOUT 49 YEARS,
KULLANAMANE, NAGOORU,
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5852.
69. NAAGU SHETTY
S/O. NARAYANA
AGED ABOUT 48 YEARS,
KOOKANAADI MANE MOODUMATTA
ULLOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5961.
70. SHEENA DEVADIGA
S/O. MARLI
AGED ABOUT 50 YEARS,
DOMBLIMANE, BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5995.
71. GOPAL JOGI
S/O. GOVINDA
AGED ABOUT 52 YEARS,
BALEGARA MANE, MOODUMATA
ULLOORU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.6016.
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72. LAKSHMI DEVADIGA
D/O. KAVERI
AGED ABOUT 51 YEARS,
BAYAMHITHLU, KAYAPPIMANE
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.6085.
73. NARASIMHA SHENAI
S/O. NARAYANA SHENAI
AGED ABOUT 54 YEARS,
MATNAKATTEMANE, KERGALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.6249.
74. KOTI (BALEGAR)
S/O. DURGI POOJARI
AGED ABOUT 58 YEARS,
KOTIPOOJARIMANE, BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7005.
75. NARAYANA KHARVI
S/O. MUDOORA
AGED ABOUT 52 YEARS,
CHONANAMANE, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7033.
76. KRISHNA POOJARI
S/O. AMMAKKA
AGED ABOUT 54 YEARS,
BIRMU MANE, BIJOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7369.
77. GIRIJA POOJARTHI
D/O. BACCHI POOJARTHI
AGED ABOUT 59 YEARS,
BETTINAMANE, NEAR KALSANKA
BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7500.
78. LAKSHMI DEVADIGA
D/O. SHESHI
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AGED ABOUT 54 YEARS,
KARICHIKKIMANE, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7614.
79. RAMA KHARVI
S/O. NARAYANA @ THIMMA
AGED ABOUT 56 YEARS,
DOOLINAMANE, GANDHINAGARA
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.7671.
80. PRAKASH KINI
S/O. NARAYANA KINI
AGED ABOUT 60 YEARS
KANCHIKAN, BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7879.
81. NARASIMHA DEVADIGA
S/O. NARAYANA
AGED ABOUT 51 YEARS,
KALUMANE, MOODUMAT,
ULLOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.7971.
82. ABBU (SC)
D/O. GANAPU
AGED ABOUT 58 YEARS,
KORAKOPPADA HAADI,
MOODUMATA ULLOORU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8008.
83. RAMA DEVADIGA
S/O. DEVAMMA
AGED ABOUT 60 YEARS,
KODLAKERE, MOODUMATA,
ULLOORU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8009.
84. ANNAPPA SAMAGARA
S/O. KAVERI
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AGED ABOUT 52 YEARS,
JANATA COLONY AMBAGILU,
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8013.
85. VEERABHADRA KARVI
S/O. NARAYANA
AGED ABOUT 51 YEARS,
MURUDESHWARA MANE MADIKAL,
TARAPATHI UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8049.
86. SAROJA POOJARI
D/O. NAGAMMA
AGED ABOUT 45 YEARS,
SOORINAHITHLU HALAGERI
KHAMBADAKONE VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8143.
87. DOTTAMMA DEVADTHI
D/O. MARLI
AGED ABOUT 50 YEARS,
KAASINA MANE, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8147.
88. MAHABALA SHETTY
S/O. CHANDAYYA SHETTY
AGED ABOUT 60 YEARS,
UDDINAHAKLU, MOODUMATA
ULLOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8160.
89. GOWRI DEVADIGA
D/O. KALAMMA
AGED ABOUT 53 YEARS
KODIKERI MANE, BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8203.
90. MUTTHAYYA ACHARI
S/O. NAGAPPAYYA,
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AGED ABOUT 62 YEARS,
VENKAPPA ACHARIMANE BAVALADI,
BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8233.
91. RAMA DEVADIGA
S/O. DAARU
AGED ABOUT 58 YEARS,
HOOGIMANE, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8238.
92. MUDOORI DEVADTHI
D/O. CHANNAMMA
AGED ABOUT 57 YEARS,
KEDIGEMANE, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8239.
93. LAKSHMI SAMAGARTHI
W/O. ANNAPPA
AGED ABOUT 48 YEARS,
JANATHA COLONY, AMBAGILU
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8308.
94. JAGADISHWARA
S/O. MANJAYYA
AGED ABOUT 60 YEARS,
HAADIKIRIYANA MANE BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8445.
95. LAKSHMI KHARVI
W/O. VASU KHARVI
AGED ABOUT 48 YEARS,
KAYINAMANE, MADIKAL TARAPATHI,
UPPUNDA VILLAGE BYNDOOR TALUK,
UDUPI-576232,
MEMBERSHIP NO.8446.
96. KRISHNADAS
S/O. ERAPPA
AGED ABOUT 53 YEARS,
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C/W WP No. 166 of 2025
JANATHA COLONY, UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8473.
97. GULABI GANIGA
W/O. NAGAPPA GANIGA
AGED ABOUT 57 YEARS,
DEVAMMANAMANE, KATGERI
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8494.
98. NAGAPPA GANIGA
S/O. SUBBAYYA GANIGA
AGED ABOUT 57 YEARS,
DEVAMMANAMANE, KATGERI
UPPUNDA VILLAGE, BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8495.
99. NARAYANA KHARVI
S/O. BELIYA @ BACCHA
AGED ABOUT 58 YEARS,
BELIYANAMANE,
AMMANORTOPLU TARAPATI
UPPUNDA VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8673.
100. SHEKARA POOJARI
S/O. NARASIMHA POOJARI
AGED ABOUT 48 YEARS,
HOSKOTE, MANIYADIBETTU
BIJOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576232,
MEMBERSHIP NO.8886.
101. LAKSHMI KHARVI (MOGAVEERA)
W/O. MANJUNATH
AGED ABOUT 44 YEARS,
HATTIMANE, JANATA COLONY
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8928.
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102. GOPAL ACHAR
S/O. VENKATARAMANA
AGED ABOUT 50 YEARS,
HOSOORU, AMBAGILU UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9069.
103. AKKAMMA POOJARTHI
D/O. MACHI
AGED ABOUT 60 YEARS,
HOSKOTE MANE, KERGALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.9092.
104. PRABHAKARA KHARVI
S/O. DAARA KHARVI
AGED ABOUT 52 YEARS,
ANDAADI MANE,
KAASANAADI UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9235.
105. GANGADHARA KARANTH
S/O. RAMA KARANTH
AGED ABOUT 55 YEARS,
RAMA NILAYA NAGOORU
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.9335. ... PETITIONERS
(BY SRI VASANTH RAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
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,
BANGALORE-560027
REPRESENTED BY ITS SECRETARY.
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C/W WP No. 166 of 2025
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
UDUPI DISTRICT, A BLOCK,
RAJATADRI MANIPAL, UDUPI-576104
4. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
KUNDAPURA SUB-DIVISION,
KUNDAPURA TALUK,
UDUPI DISTRICT-576201.
5. KAMBADAKONE RAITHARA SEVA
SAHAKARI SANGA NIYAMITHA,
UPPUNDA, BYNDOOR TALUK,
UDUPI-576230
REP. BY ITS CHIEF EXECUTIVE OFFICER,
(SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT-1959)
6. THE RETURNING OFFICER,
KAMBADAKONE RAITHARA SEVA
SAHAKARI SANGA NIYAMITHA,
UPPUNDA BYNDOOR TALUK,
UDUPI-576230
(SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT-1959). ... RESPONDENTS
(BY SRI K. PRASANNA SHETTY, ADVOCATE FOR C/R-5
SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6;
SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN
THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-B AND PERMIT THE
PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-5
SOCIETY WHICH IS SCHEDULED TO BE HELD ON 12.01.2025.
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C/W WP No. 166 of 2025
IN W.P. NO. 166/2025
BETWEEN:
1. RATHNAKARA PRABHU
S/O. DEVADAS PRABHU
AGED ABOUT 45 YEARS,
VIGNESHA KRUPA UPPUNDA
BYNDOOR TALUK, UDUPI-576232.
MEMBERSHIP NO.143.
2. RUKKAMMA SHEDTHI
D/O. NAGAMMA SHEDTHI
AGED ABOUT 48 YEARS,
KATGERI UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232,
MEMBERSHIP NO.328.
3. JANARDANA MAYYA
S/O. GANAPPAYYA MAYYA
AGED ABOUT 45 YEARS
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.360.
4. MANJUNATH KHARVI
S/O. KANNA KHARVI
AGED ABOUT 40 YEARS
HUNDANA MANE KARKIKALI
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.615.
5. SHESHAGIRI ACHAR
S/O. PARAMESHWAR
AGED ABOUT 42 YEARS,
HOSURU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1317.
6. SEENA ACHAR
S/O. MANJAYYA ACHAR
AGED ABOUT 40 YEARS,
HOSURU, NAGAPPAYYA ACHAR MANE
UPPUNDA VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.1447.
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7. NARAYANA DEVADIGA
S/O. NAGI
AGED ABOUT 45 YEARS
KOTYADI, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1682.
8. SUBRAYA SHET
S/O. GOVINDRAYA SHET
AGED ABOUT 48 YEARS,
KANCHIKAN, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.1824.
9. SUBBU SHETTY
D/O. MOOKAMMA
AGED ABOUT 44 YEARS,
HOSMANE GANTEHOLE,
BIJOOR VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.2314.
10. GOPAL SHETTY
S/O. VENKAPPA SHETTY .M
AGED ABOUT 45 YEARS,
HALAGERI KHAMBADAKONE VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.2764.
11. VILASINI SHEDTI
S/O. SHEENAPPA
AGED ABOUT 41 YEARS,
HALAGERI KHAMBADAKONE VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.2768.
12. VEERANNA SHETTY
S/O. ANNAPPA SHETTY .N
AGED ABOUT 48 YEARS
HALASINAKATTE MANE GORKALLU
KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.2955.
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13. RAMAYYA ARCHAKA
S/O. SUBBAYYA
AGED ABOUT 46 YEARS,
MAHALASA MARIKAMBA TEMPLE,
KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.3555.
14. MUTHAMMA SHETTY
D/O. KANAKAMMA SHEDTHI
AGED ABOUT 53 YEARS
KABSE HOSMANE, KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219,
MEMBERSHIP NO.3615.
15. BAIRA POOJARI
S/O. MARLI
AGED ABOUT 48 YEARS,
CHAARKODLU BIJOOR VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.3675.
16. VENKATA POOJARI
S/O. KALU
AGED ABOUT 60 YEARS,
UBJERI, KERGALU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.3814.
17. RAMA NAIK
S/O. APPU NAIK
AGED ABOUT 46 YEARS,
PAYNAADI KALTHODU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4005.
18. GANAPPU SHEDTHI
D/O. CHIKKAYYA SHETTY
AGED ABOUT 65 YEARS,
HAKLAMANE YADERI,
KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4168.
19. GANGE BALEGARTHI
W/O. VENKATRAMANA BALEGAR
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AGED ABOUT 53 YEARS,
GADDEMANE, KERGAL VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.4703.
20. PREMA SHETTY
D/O. SOORU SHETTY
AGED ABOUT 53 YEARS,
MADIKAL MANE GANTIHOLE,
BIJOOR VILLAGE, BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.4772.
21. GOURI (SC)
W/O. SOORA
AGED ABOUT 52 YEARS,
JANATHA COLONY, AKALABAILU
KIRIMANJESHWARA VILLAGE
BYNDOOR TALUK, UDUPI-576219,
MEMBERSHIP NO.5117.
22. RAMA KHARVI
S/O. DURGA KHARVI
AGED ABOUT 50 YEARS,
KANNAMMANA MANE JANATA COLONY,
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5225.
23. KRISHNA POOJAR
S/O. DEVI POOJARI
AGED ABOUT 58 YEARS,
JULPANA MANE, ADRAGOLI,
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5285.
24. DOTTAYYA POOJARI
S/O. CHIKKAMMA
AGED ABOUT 58 YEARS,
GURAMAKKI, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5317.
25. SAROJINI SHEDTHI
D/O. NAGAYYA SHETTY
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C/W WP No. 166 of 2025
AGED ABOUT 49 YEARS,
ACHARIBETTU, GANTIHOLE,
BIJOOR VILLAGE, BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.5322.
26. NARAYANA KHARVI
S/O. GOVINDA
AGED ABOUT 48 YEARS,
BADKIMANE, KODERI,
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5364.
27. NARAYANA HEBBAR
S/O. KRISHNA HEBBAR
AGED ABOUT 52 YEARS
KODERI, KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5380.
28. GOVINDA DEVADIGA
S/O. KAVERI
AGED ABOUT 51 YEARS,
KEREBETTU, HOSKOTE,
BIJOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.5459.
29. SEETHABAI
W/O. RAMACHANDRA SHET
AGED ABOUT 55 YEARS,
BETTINAMANE, UPPUNDA VILLAGE,
BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.5599.
30. VEKA GANIGA
S/O. LINGA GANIGA
AGED ABOUT 51 YEARS,
HADIMANE, NANDANAVANA
KERGAL VILLAGE,
BYNDOOR TALUK,
UDUPI-576219,
MEMBERSHIP NO.5658.
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31. RAMA KHARVI
S/O. PURSU
AGED ABOUT 56 YEARS,
GOVEHAADIMANE, KODERI
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.5888.
32. CHANDU DEVADIGA
D/O. MANJI
AGED ABOUT 50 YEARS,
MOORTHI MANE SAALIMAKKI,
BIJOORU VILLAGE, BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.5921.
33. SUBRAYA ACHARI
S/O. KRISHNA
AGED ABOUT 50 YEARS,
SAALIMAKKI, BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.6118.
34. KRISHNADEVA SHASTHRI
S/O. NARAYANA SHASTHRI
AGED ABOUT 48 YEARS,
KIRIMANJESHWARA VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.6266.
35. AKKAMMA KHARVI
W/O. MASTHI
AGED ABOUT 53 YEARS,
JANATA COLONY, KOORANAMANE,
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.6428.
36. SUBBU BHOVI
D/O. SOORU BHOVI
AGED ABOUT 49 YEARS,
PADUVAYINAMANE, KOORSE,
KALTHODU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.6607.
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37. KAMALA GANIGA
D/O. SHESHI
AGED ABOUT 50 YEARS,
SANMAKKI, BIJOOR VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7009.
38. SOMU KHARVI
W/O. GANAPA KHARVI
AGED ABOUT 52 YEARS,
HOLLARA HITHLU, KARKIKALI,
TARAPATI, UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7104.
39. BHASKAR ACHARI
S/O. PARAMESHWARA
AGED ABOUT 50 YEARS
HOSOORU MANE,
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7166.
40. MANJU B.A.
S/O. RAMA DEVADIGA
AGED ABOUT 51 YEARS,
ARMUDI, BIJOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7229.
41. KUPPAYYA SHETTY
S/O. GIRIJAMMA SHEDTHI
AGED ABOUT 65 YEARS
KURKUNDI MELNIRKULI,
KALTHODU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.7355.
42. PARVATHI SHEDTHI
W/O. SHIVARAM SHETTY
AGED ABOUT 60 YEARS,
KAADERIMANE, MOODMATA
ULLOORU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.7381.
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43. MAHABALA POOJARI
S/O. SOMA POOJARI
AGED ABOUT 52 YEARS
KUPPANAMANE, NANADANAVAN,
KERGALU VILLAGE BYNDOOR TALUK,
UDUPI-576219
MEMBERSHIP NO.7460.
44. ADIRAJ JAIN
S/O. PADMARAJ JAIN
AGED ABOUT 52 YEARS,
CHAPPARIKE, KALTHODU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.7473.
45. RATHNAKARA SHET
S/O. MANJUNATH SHET
AGED ABOUT 58 YEARS,
HOSURU AMBAGILU,
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232,
MEMBERSHIP NO.7525.
46. SHESHU ACHARI
S/O. SUBBANNA ACHARI
AGED ABOUT 53 YEARS,
KATTINAMAKKI, BAVALADI,
BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7537.
47. JAINABI
W/O. HASAN BEARY
AGED ABOUT 48 YEARS,
SHAALEBAAGILU,
UPPUNDA VILLAGE BYNDOOR TALUK,
UDUPI-576232,
MEMBERSHIP NO.7566.
48. KRISHNA KHARVI
S/O. NAGA
AGED ABOUT 51 YEARS,
ANNAPPANAMANE, MADIKAL
TARAPATHI, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7629.
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49. ABDUL HAMEED
S/O. MOIDDEEN
AGED ABOUT 58 YEARS
JANATHA COLONY, AMBAGILU,
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.7638.
50. UMESHCHANDRA BHAT
S/O. GANAPATHI BHAT
AGED ABOUT 62 YEARS
BAVALADI MAKKI TEMPLE,
BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8057.
51. ANNAPPA POOKARI
S/O. CHIKKAYYA POOJARI
AGED ABOUT 56 YEARS,
SANKUMANE MADIKAL,
TARAPATI, UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8060.
52. THIRUMALESHWARA BHAT
S/O. MAHADEV BHAT .N
AGED ABOUT 60 YEARS,
MAKKI TEMPLE BAVALADI,
BIJOORU VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8062.
53. LAKSHMI DEVADIGA
W/O. SUKRA DEVADIGA
AGED ABOUT 52 YEARS,
HITHLUMANE, KOTEHAADI,
BIJOORU VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8211.
54. NAGAMMA SHETTY
D/O. KAAVERI
AGED ABOUT 55 YEARS,
NUGGIBETTU, KAAKTOTA
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C/W WP No. 166 of 2025
MOODUMATA, ULLOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8250.
55. MAHABALA DEVADIGA
S/O. MOOKU DEVADIGA
AGED ABOUT 52 YEARS,
GANAPUMANE NEAR MATT,
MOODUMAT, ULLOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8372.
56. RAMESH BHAT
S/O. SHRIDHAR BHAT
AGED ABOUT 54 YEARS,
UPRALLI, MOODUMATA ULLOORU VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8387.
57. LAKSHMI KHARVI
W/O. SUBBA
AGED ABOUT 50 YEARS,
KARKIKALI, TARAPATHI
MURUDESHWARANA MANE
UPPUNDA VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8486.
58. SURESH GANIGA
S/O. MANJUNATH GANIGA
AGED ABOUT 57 YEARS
AMBAGILU, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8512.
59. SHRIDHAR SHETTY
S/O. SHEKAR SHETTY
AGED ABOUT 51 YEARS,
CHAMTEHARLUMANE,
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8519.
60. SUSHEELA GANIGA
W/O. KRISHNA GANIGA
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C/W WP No. 166 of 2025
AGED ABOUT 53 YEARS,
SAALIMAKKIBIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8616.
61. BHASKAR SHETTY .D
S/O. GOVINDA SHETTY
AGED ABOUT 60 YEARS,
DEVIHAADI, BAVALAADI BIJOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8621.
62. RAJEEV SHETTY
S/O. DAARAPPA SHETTY
AGED ABOUT 50 YEARS,
MALAGADDE MANE
BAVALADI BIJOOR VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8623.
63. MANJUNATHA ACHARI
S/O. LAKSHMANA ACHARI
AGED ABOUT 57 YEARS,
HOTLUBAILU, KALTHODU VILLAGE,
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.8668.
64. MUTTU POOJARTI
W/O. MAACHA POOJARI
AGED ABOUT 54 YEARS,
SADINA MANE, TARAPATHI
UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8821.
65. JANARDANA ACHAR
S/O. KRISHNA ACHAR
AGED ABOUT 52 YEARS,
AKSAALIMANE, BAVALAADI,
BIJOORU VILLAGE BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8853.
66. PADMAVATHI
W/O. BHASKARA ACHARI
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C/W WP No. 166 of 2025
AGED ABOUT 43 YEARS,
HOSUR MANE, UPPUNDA VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8910.
67. PADMAVATHI
W/O. NARASIMHA ACHARI
AGED ABOUT 45 YEARS,
PUTTAYYA ACHARYARA MANE,
UPPUNDA VILLAGE, BYNDOOR TALUK,
UDUPI-576232
MEMBERSHIP NO.8913.
68. SHARADA ACHAR
W/O. MAHABALA ACHAR
AGED ABOUT 49 YEARS,
HOSUR, AMBAGILU,
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.8918.
69. SHRIDHAR .S
S/O. SHESHAYYA SHEREGAR
AGED ABOUT 51 YEARS,
SAMPRIMANE, BIJOORU VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9021.
70. AKKAMMA POOJARTHI
W/O. LAKSHMANA POOJARI,
AGED ABOUT 48 YEARS,
KAASANADI, UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9050.
71. KUSUMA
W/O. SHIVARAM ACHAR
AGED ABOUT 45 YEARS,
HOSOORU, AMBAGILU UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9067.
72. CHIKKAMMA SHEDTHI
D/O. SUBBAMMA
AGED ABOUT 61 YEARS
GANTIHOLE ADIGERA MANE
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C/W WP No. 166 of 2025
BIJOORU VILLAGE
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9100.
73. THIMMAPPA KHARVI
S/O. MANJA
AGED ABOUT 54 YEARS,
HAITANAMANE, KARKIKALI TARAPATI,
UPPUNDA VILLAGE,
BYNDOOR TALUK, UDUPI-576232
MEMBERSHIP NO.9113.
74. MARLI KHARVI
W/O. GOVINDA KHARVI
AGED ABOUT 52 YEARS,
PUTTIMANE, FISHERIES COLONY,
UPPUNDA VILLAGE ZEYNDOOR TALUK,
UDUPI-576232.
MEMBERSHIP NO.9146.
75. NARAVANA SHANUBHAG
S/O. SHESHA SHANU BHAG,
AGED ABOUT 54 YEARS,
NAGOORU, KIRIMANJESHWARA VILLAGE
BYNDOOR TALUK, UDUPI-576219
MEMBERSHIP NO.9373. ... PETITIONERS
(BY SRI VASANTH RAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
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,
BANGALORE-560027
REPRESENTED BY ITS SECRETARY.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
UDUPI DISTRICT, A BLOCK,
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WP No. 457 of 2025
C/W WP No. 166 of 2025
RAJATADRI MANIPAL,
UDUPI-576104.
4. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES
KUNDAPURA SUB-DIVISION
KUNDAPURA TALUK
UDUPI DISTRICT-576201.
5. KAMBADAKONE RAITHARA SEVA
SAHAKARI SANGA NIYAMITHA,
UPPUNDA, BYNDOOR TALUK,
UDUPI-576230,
REP. BY ITS CHIEF EXECUTIVE OFFICER,
(SOCIETY REGISTERED UNDER
OFFICE KARNATAKA CO-OPERATIVE
SOCIETIES ACT-1959)
6. THE RETURNING OFFICER,
KAMBADAKONE RAITHARA SEVA
SAHAKARI SANGA NIYAMITHA,
UPPUNDA BYNDOOR TALUK,
UDUPI-576230
(SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT-1959)
... RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R-1, R-3, R-4 & R-6;
SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2;
SRI K. PRASANNA SHETTY, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN
THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-B AND PERMIT THE
PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO R-5
SOCIETY WHICH IS SCHEDULED TO BE HELD ON 12.01.2025.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
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NC: 2025:KHC:1830
WP No. 457 of 2025
C/W WP No. 166 of 2025
ORAL ORDER
Petitioners in this petition is seeking to direct respondents to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.5 which was scheduled to be held on 12.01.2025.
2. This Court, by way of interim arrangement on 10.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 12.01.2025 to the Board of Directors of respondent No.5-society subject to the final outcome of this writ petition.
3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co-
Operative Societies Rules, 1960 ('the KCS Rules, 1960' for short) is not issued.
4. Rule 13-D of the KCS Rules, 1960 reads as under:
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 "13-D. Preparation of electoral rolls and calendar of events.-(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.-
(a) the name and address of the society;
(b) number of elected directors of the board;
(c) the date of expiry of the term of office of the board;
(d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority.
(2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-
operative societies indicating the name and address of each society.
(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.-
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(i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years.
(ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice.
(iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer.
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(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy.
v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.
(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.
(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.-
(a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;
(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;
(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election;
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(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.
(4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority.
(5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,-
(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;
(b) the admission number, the name of the society, the name of the delegate proposed to
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election.
(6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5).
(7) The final electoral roll shall consist of the following,-
(a) all the individual members with right to vote in respect of a primary co-operative society; or
(b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025
(c) all the delegates of the member societies with right to vote in respect of a federal and an apex society.
(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer.
(9) The election calendar of events for general election of directors of the board shall provide for.-
(a) date of notification inviting nomination;
(b) last date for receipt of nomination;
(c) date and time for scrutiny of nomination;
(d) date and time for publication of list of validly nominated candidates;
(e) date and time for withdrawal of nomination papers;
(f) Date and time for publication list of contesting candidates;
(g) Date and time for allotment of symbols and publication of contesting candidates with symbols;
(h) Date and time of poll;
(i) Date and time of counting and declaration of results."
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5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-society and attended all the annual general body meetings, in spite of which respondent No.5- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5-society.
6. The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 ('KCS Act, 1959' for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under:
1ILR 2024 KAR 1901
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 "9. In the light of the contentions raised, the following questions arise for consideration;
(a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule
14) to redo the voters' list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters' list?
(b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960?
(c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra."
(Emphasis supplied)
7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under:
"50. For the reasons recorded, this Court concludes as under:
(a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll.
(b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election.
(c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium
(d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases.
51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters' list prepared during the pendency of the petition. Hence, the following:
ORDER Writ petition is disposed of on the following terms:
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(i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results.
(ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.
(iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters' list and impact on the election to the Board of the 6th respondent - Bank.
(iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co-
operative Societies Act, 1959, if raised."
8. Section 70 of the KCS Act, 1959 reads as under:
"70. Disputes which may be referred to Registrar for decision.-(1) Notwithstanding
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.-
(a) among members, past members and persons claiming through members, past members and deceased members, or
(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or
(c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or
(d) between the society and any other co-
operative society, or a credit agency.
such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.-
(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;
(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society.
(d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not.
(3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.
(4) xxxxx (5) x x x x x"
9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in these petitions to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petitions need to be disposed of in similar terms and hence, the following:
ORDER i. The Returning Officer shall count the votes cast in the elections held on 12.01.2025 to the Board of Directors of respondent No.5-society and shall announce the results.
ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity
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NC: 2025:KHC:1830 WP No. 457 of 2025 C/W WP No. 166 of 2025 of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959.
iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.5- society.
iv. All the contentions of the parties are kept open.
v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list.
vi. With the said observations, the writ petition stands disposed of.
Sd/-
________________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 75