Karnataka High Court
Padmashree K S vs The State Of Karnataka on 24 January, 2025
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NC: 2025:KHC:3327
WP No. 806 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 806 OF 2025 (CS-EL/M)
BETWEEN:
1. PADMASHREE K S
W/O SRIDHAR GUPTA K V
AGED 55 YEARS,
SHARE NO.7525
2. ANAND KUMAR T S
S/O SUBBARAYA SHETTY S R
AGED ABOUT 56 YEARS,
SHARE NO.678
3. T A NATARAJ
S/O NAMA ASHWATHAIAH SETTY
AGED ABOUT 59 YEARS,
SHARE NO.518
4. SUKANYA K V
W/O K N SHANKARANARAYANA SETTY
AGED ABOUT 79 YEARS,
Digitally signed by SHARE NO.684
MAHALAKSHMI B M
Location: HIGH 5. SWETHA RAGHAV
COURT OF W/ RAGHAV C M
KARNATAKA
AGED ABOUT 33 YEARS,
SHARE NO.8207
6. RAGHAV C M
S/O MURALIDHAR C S
AGED ABOUT 36B YEARS,
SHARE NO.(7395)(1588)
7. NEELIMAK K S
W/O SATHISH K S
AGED ABOUT 47 YEARS,
SHARE NO.7220
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NC: 2025:KHC:3327
WP No. 806 of 2025
8. LATHA NATARAJ
S/O T A NATARAJ
AGED ABOUT 65 YEARS,
SHARE NO.4168
9. THEJOVATHI
S/O NATESH M S
AGED ABOUT 52 YEARS,
SHARE NO.4915
10. NAGALAKSHMI G A
W/O NATARAJU
AGED ABOUT 55 YEARS,
SHARE NO.7949(1830)
11. DINESH K J
S/O K V JANARDHAN
AGED ABOUT 59 YEARS,
SHARE NO.872
12. MANJULA BABU N S
W/O SRINIVAS BABU N
AGED ABOUT 45 YEARS,
SHARE NO.4154
13. SANJAY BABU N @ SRINI @ BABU
S/O NANJUNDAIAH SETTY N K
AGED ABOUT 59 YEARS,
SHARE NO.611 (171)
14. PRANADEVA SETTY T S
S/O T P SANJEEVARAYA SETTY
AGED ABOUT 70 YEARS,
SHARE NO.3215
15. SANJAY T P
S/O PRANADEVA SETTY T S
AGED ABOUT 48 YEARS,
SHARE NO.3212
16. HEMALATHA N G
W/ SANJAY T P
AGED ABOUT 44 YEARS,
SHARE NO.6760
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WP No. 806 of 2025
17. SRIDEVI D
W/O K J DINESH
AGED ABOUT 55 YEARS,
SHARE NO.2650
18. VIDYA SHASHIDHAR
W/O SHASHIDHAR
AGED ABOUT 52 YEARS,
SHARE NO.2852
19. B C PADMA HARITHA
W/O CHINNAIAH SETTY
AGED ABOUT 50 YEARS,
SHARE NO.2569
20. INDIRA
W/O KANTHARAJA SETTY
AGED ABOUT 75 YEARS,
SHARE NO.1010
21. MANOJ D
S/O DINESH K J
AGED ABOUT 29 YEARS,
SHARE NO.8209
22. NAGALAKSHMI N S
S/O B PREM KUMAR
AGED ABOUT 45 YEARS,
SHARE NO.35
23. RAVINDRANATH K.V.
S/O VENKATACHALA SETTY
AGED ABOUT 50 YEARS,
SHARE NO.878
24. N S VENKATESH
S/O SATHYANARAYANA SETTY
AGED ABOUT 47 YEARS,
SHARE NO.1149
25. MAHADESH BABU C N
SO NARASIMHA SETTY C N
AGED ABOUT 63 YEARS,
SHARE NO.166
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NC: 2025:KHC:3327
WP No. 806 of 2025
26. PUSHPA
W/O ATHMANANDA GUPTA
AGED ABOUT 68 YEARS,
SHARE NO.365
27. N S LAKSHMI
W/O N S VENKATESH
AGED ABOUT 57 YEARS,
SHARE NO.1700
28. PREM KUMAR B
S/O SHANKARA
AGED ABOUT 70 YEARS,
SHARE NO.34
29. NAGARAJU S K
S/O VENKATAGIRIYAPPA S K
AGED ABOUT 52 YEARS,
SHARE NO.1791
30. SHOBHA
W/O C A JAGADEESH BABU
AGED ABOUT 63 YEARS,
SHARE NO.3321
31. SARASWATHI
W/O ATHMARAMA SETTY
AGED ABOUT 67 YEARS,
SHARE NO.5434
32. POORNIMA K A
D/O ATHMARAMA SETTY
AGED ABOUT 42 YEARS,
SHARE NO.5435
33. PRAVEEN K A
S/O ATHMARAMA SETTY
AGED ABOUT 40 YEARS,
SHARE NO.5436
34. DIVYA JYOTHI L S
D/O SATHYANARAYANA L
AGED ABOUT 40 YEARS,
SHARE NO.5692
-5-
NC: 2025:KHC:3327
WP No. 806 of 2025
35. NAGENDRA PRASAD A
S/O ASHOK KUMAR
AGED ABOUT 53 YEARS,
SHARE NO.5694
36. K. LAKSHMINARAYANA MURTHY
S/O KRISHNAMURTY
AGED ABOUT 65 YEARS,
SHARE NO.7468
37. M L NAGARAJA SETTY
S/O LAKSHMAIAH SETTY
AGED ABOUT 70 YEARS,
SHARE NO.7452
38. M A SUNIL
S/O ADINARAYANA SETTY N K
AGED ABOUT 45 YEARS,
SHARE NO.7451
39. BHARATH M P
S/O PRASAD GIRIDHANVA
AGED ABOUT 40 YEARS,
SHARE NO.7533
40. MANGALA PRASAD
W/O PRASAD
AGED ABOUT 65 YEARS,
SHARE NO.8149
41. S. VENKATA CHALAPATHY
S/O SHANKARANARAYANA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.7449
42. K V MANJUNATHA
S/O VISHWESHWARAIAH K N
AGED ABOUT 68 YEARS,
SHARE NO.7450
43. SREENATH G R
S/O RATHNA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.7463
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NC: 2025:KHC:3327
WP No. 806 of 2025
44. LAKSHMI SRINATH
W/O SREENTH G R
AGED ABOUT 52 YEARS,
SHARE NO.8252
45. K P ASHWATH NARAYANA
S/O L T PATTABHIRAMA
AGED ABOUT 65 YEARS,
SHARE NO.7448
46. ARCHAN KUMAR K L
S/O LAKSHMINARAYANA MURTHY
AGED ABOUT 42 YEARS,
SHARE NO.8253
47. K P SHANKAR
S/O L T PATTABHIRAMA SETTY
AGED ABOUT 62 YEARS,
SHARE NO.8113
48. ANNAPURNA K S
W/O SHANKAR K P
AGED ABOUT 55 YEARS,
SHARE NO.8519
49. ANANDA KRISHNA M N
S/O NAGAPRASAD M R
AGED ABOUT 46 YEARS,
SHARE NO.7447
50. H J GEETHA LAKSHMI
W/O JANARDHANA GUPTA
AGED ABOUT 59 YEARS,
SHARE NO.8530
51. G N PRAMILA
W/O NAGARAJU G V
AGED ABOUT 56 YEARS,
SHARE NO.8544
52. RAKESH T G
D/O GOVINDA RAO T V
AGED ABOUT 30 YEARS,
SHARE NO.8475
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NC: 2025:KHC:3327
WP No. 806 of 2025
53. GOVINDARAJU T V
S/O VENKATACHALA SETTY
AGED ABOUT 58 YEARS,
SHARE NO.8474
54. T G PRABHAVATHAMMA
W/O GOVINDARAJU T V
AGED ABOUT 56 YEARS,
SHARE NO.8548
55. E G VENUGOPAL
S/O GOVINDA SETTY
AGED ABOUT 58 YEARS,
SHARE NO.8508
56. KRISHNA MURTHY K M
S/O MYLARA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.8554
57. H S PRASANNA KUMAR
S/O SAMBA MURTHY SETTY
AGED ABOUT 64 YEARS,
SHARE NO.7551
58. H P SUDHA
D/O PRASANNA KUMAR
AGED ABOUT 59 YEARS,
SHARE NO.8547
59. G R DHANPAL
S/O RADHA KRISHNA G
AGED ABOUT 55 YEARS,
SHARE NO.7465
60. MAHESHWARI P MAKAM
D/O PARTHASARATHI T A
AGED ABOUT 48 YEARS,
SHARE NO.7085
61. USHA
W/O NATESH BABU
AGED ABOUT 43 YEARS,
SHARE NO.1997
-8-
NC: 2025:KHC:3327
WP No. 806 of 2025
62. PRAFUL N
W/O NATESH BABU K
AGED ABOUT 52 YEARS,
SHARE NO.8581
63. GURUPRASAD H
S/O HARIKRISHNA SETTY
AGED ABOUT 57 YEARS,
SHARE NO.6695
64. SRINIVASA P N
S/O NARAYANA MURTHY
AGED ABOUT 50 YEARS,
SHARE NO.2698
65. P S SRINIVASA
W/O P V SUBBARAYA SETTY
AGED ABOUT 56 YEARS,
SHARE NO.6695
66. MALINI S
W/O KARTHIK S
AGED ABOUT 48 YEARS,
SHARE NO.7616
67. KRISHNAMURTHY S
S/O SURYA NARAYANA SETTY
AGED ABOUT 54 YEARS,
SHARE NO.3094
68. PRATHIBA Y
W/O RAVIKIRAN R V
AGED ABOUT 44 YEARS,
SHARE NO.8595
69. PRABHAKAR H
S/O SRINVIAS H
AGED ABOUT 57 YEARS,
SHARE NO.8073
70. CHANDRAKUMAR P N
S/O NARAYANA SETTY
AGED ABOUT 51 YEARS,
SHARE NO.2644
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NC: 2025:KHC:3327
WP No. 806 of 2025
71. ARCHANA K G
W/O SHEKHAR S
AGED ABOUT 42 YEARS,
SHARE NO.6982
72. KRISHNAIAH SETTY C
S/O RAMAIAH SETTY
AGED ABOUT 54 YEARS,
SHARE NO.6965
73. NATESH BABU K
S/O KANTHARAJU K
AGED ABOUT 56 YEARS,
SHARE NO.393
74. RACHANA H
W/O PRABHAKARA H
AGED ABOUT 42 YEARS,
SHARE NO.8074
75. VANI P C
W/O CHANDRA KUMAR P N
AGED ABOUT 47 YEARS,
SHARE NO.8629
76. PAVITHRA
W/O CHIDAMBAR KUMAR
AGED ABOUT 48 YEARS,
SHARE NO.7569
77. VIUTHA C
W/O KRISHNAIAH SETTY C
AGED ABOUT 52 YEARS,
SHARE NO.6964
78. RAVIKIRAN R V
S/O VARADARAJ R S
AGED ABOUT 54 YEARS,
SHARE NO.6926
79. LASYA UMESH
W/O UMESH BABU K
AGED ABOUT 45 YEARS,
SHARE NO.6646
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NC: 2025:KHC:3327
WP No. 806 of 2025
80. LIKHITHA UMESH
D/O UMESH BABU K
AGED ABOUT 42 YEARS,
SHARE NO.6645
81. HARISH K N
S/O K N NARAYANA SETTY
AGED ABOUT 54 YEARS,
SHARE NO.1656
82. ASHA K N S BABU
W/O SUBRAMANYA BABU K N
AGED ABOUT 52 YEARS,
SHARE NO.145
83. RADHAGOPAL K
W/O K N VENUGOPAL
AGED ABOUT 58 YEARS,
SHARE NO.484
84. PRUTHVIRAJ
S/O VENUGOPAL
AGED ABOUT 42 YEARS,
SHARE NO.8558
85. LAKSHMI NIKHIL
W/O NIKHIL UMESH
AGED ABOUT 42 YEARS,
SHARE NO.8580
86. K P CHAYALAKSHMI
W/O PRAKASH K R
AGED ABOUT 52 YEARS,
SHARE NO.4824
87. LAKSHMI UMESH
W/O UMESH BABU
AGED ABOUT 55 YEARS,
SHARE NO.1998
88. NIKHIL U
S/O UMESH BABU K
AGED ABOUT 40 YEARS,
SHARE NO.7184
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NC: 2025:KHC:3327
WP No. 806 of 2025
89. LELAVATHAMMA
W/O KANTHARAJU SETTY
AGED ABOUT 56 YEARS,
SHARE NO.4451
90. SINDHU R
D/O RAJENDRA PRASAD K N
AGED ABOUT 38 YEARS,
SHARE NO.6687
91. SRILAKSHMI B H
D/O M K SUBBARAMAIAH SETTY
AGED ABOUT 35 YEARS,
SHARE NO.1960
92. DEEPTHI K
W/O RAMU N S
AGED ABOUT 44 YEARS,
SHARE NO.4862
93. SRIMATHI K N
W/O K S NAGESH
AGED ABOUT 45 YEARS,
SHARE NO.886
94. ACHUTHA T S
S/O SHESHANNA
AGED ABOUT 45 YEARS,
SHARE NO.5711
95. ARCHANA K
D/O SHESHANNA
AGED ABOUT 41 YEARS,
SHARE NO.1961
96. ARPITHA T S
D/O SHESHANNA
AGED ABOUT 38 YEARS,
SHARE NO.3289
97. VISHALAKSHI
D/O NAGARAJU M K
AGED ABOUT 45 YEARS,
SHARE NO.825
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NC: 2025:KHC:3327
WP No. 806 of 2025
98. KASTHURI M V
W/O N K VASUDEVA SETTY
AGED ABOUT 55 YEARS,
SHARE NO.830
99. NAGAMMA B R
W/O RAMACHANDRA SETTY B R
AGED ABOUT 58 YEARS,
SHARE NO.821
100. MANJULA M S
W/O M K SHESHANNA
AGED ABOUT 58 YEARS,
SHARE NO.832
101. RAMYA A
D/O RAMACHANDRA SETTY
AGED ABOUT 35 YEARS,
SHARE NO.3316
102. NAGARATHNA K N
W/O N K NAGARAJ
AGED ABOUT 54 YEARS,
SHARE NO.835
103. RAGHAVENDRA T N
S/O NAGARAJ N K
AGED ABOUT 32 YEARS,
SHARE NO.826
104. RADHAMOHAN B
W/O B R MOHAN
AGED ABOUT 43 YEARS,
SHARE NO.1329
105. SHYAM B M
S/O B R MOHAN
AGED ABOUT 57 YEARS,
SHARE NO.5373
106. RAMU B M
S/O B R MOHAN
AGED ABOUT 53 YEARS,
SHARE NO.5372
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WP No. 806 of 2025
107. RAJESHWARI N D
W/O DHRUVA RAJ
AGED ABOUT 48 YEARS,
SHARE NO.1157
108. MANJULA K R
W/O K S RAMANUJA
AGED ABOUT 50 YEARS,
SHARE NO.1654
109. R P VINODA LEELA
W/O R S PRABHAKARA
AGED ABOUT 65 YEARS,
SHARE NO.1287
110. SARASWATHAMMA K N
W/O NANJUNDA SHETTY K N
AGED ABOUT 75 YEARS,
SHARE NO.255
111. NAGABHUSHANA K N
S/O K S NARASIMHA MURTHY
AGED ABOUT 53 YEARS,
SHARE NO.3030
112. CHETHANA NAGABHUSHANA
W/O K N NAGABHUSHANA
AGED ABOUT 48 YEARS,
SHARE NO.3031
113. SRIVIDYA MANJUNATH
W/O MANJUNATH
AGED ABOUT 38 YEARS,
SHARE NO.7309
114. RAVI T V
S/O T A VIJAYAKUMAR
AGED ABOUT 51 YEARS,
SHARE NO.1851
115. LAVANYA N
W/O RAVI T V
AGED ABOUT 46 YEARS,
SHARE NO.7678
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WP No. 806 of 2025
116. T A VIJAYAKUMAR
S/O K S ASHWATHANARAYANA SETTY
AGED ABOUT 80 YEARS,
SHARE NO.1515
117. SHANTHAKUMAR S
S/O K S ASHWATHANARAYANA SETTY
AGED ABOUT 70 YEARS,
SHARE NO.40
118. LAKSHM L V
W/O VENKATESHWARALU L
AGED ABOUT 70 YEARS,
SHARE NO.841
119. GOWRAMMA K
W/O KRISHNAIAH SETTY
AGED ABOUT 80 YEARS,
SHARE NO.997
120. SINDHU L.P.
W/O PRADEEP L S
AGED ABOUT 42 YEARS,
SHARE NO.5779
121. DIVYA JYOTHI L S
D/O SATHYANARAYANA L
AGED ABOUT 43 YEARS,
SHARE NO.5692
122. RAJESH S
S/O SRIRAMA SETTY
AGED ABOUT 41 YEARS,
SHARE NO.6609
123. BHAVANA N
D/O NAVANEETHKUMAR V
AGED ABOUT 45 YEARS,
SHARE NO.7345
124. SRILALITHA
D/O SRIRAMA SETTY S K
AGED ABOUT 46 YEARS,
SHARE NO.6608
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125. BADARINATH G L
S/O G LAKSHMINARAYANA SETTY
AGED ABOUT 53 YEARS,
SHARE NO.1804
126. SHOBHARANI
W/O BADARINATH G L
AGED ABOUT 50 YEARS,
SHARE NO.4855
127. LAKSHMINARAYANA SETTY
S/O NARAYANA SETTY
AGED ABOUT 85 YEARS,
SHARE NO.928
128. SATHYAVATHI R N
W/O NAGESH BABU
AGED ABOUT 57 YEARS,
SHARE NO.6783
129. SATHISH
S/O VEERANNA SETTY
AGED ABOUT 54 YEARS,
SHARE NO.7045
130. S SINDHU
W/O ANANTH T S
AGED ABOUT 52 YEARS,
SHARE NO.7956
131. S KANTHALAKSHMI
W/O K N SAMPATH KUMAR
AGED ABOUT 58 YEARS,
SHARE NO.967
132. CHANDRAKALA
W/O AMARANATH K
AGED ABOUT 56 YEARS,
SHARE NO.6931
133. KOKILA T G
W/O GOPALAKRISHNA SETTY
AGED ABOUT 28 YEARS,
SHARE NO.265
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WP No. 806 of 2025
134. GOPALAKRISHNA T C
S/O CHANDRAIAH SETTY
AGED ABOUT 67 YEARS,
SHARE NO.264
135. PRAKRUTHI S
W/O MANJUNATHA R B
AGED ABOUT 47 YEARS,
SHARE NO.8030
136. VIMALA
W/O E V VENKATESH
AGED ABOUT 52 YEARS,
SHARE NO.1746
137. PUSHPAVALLI
W/O JAYAKUMAR C L
AGED ABOUT 57 YEARS,
SHARE NO.566
138. PAVITHRA D
W/O CHIDAMAR KUMAR
AGED ABOUT 54 YEARS,
SHARE NO.7569
139. PRAKRUTHI S
D/O SRINIVASA S
AGED ABOUT 44 YEARS,
SHARE NO.8823
140. ARJUN M J
S/O JAGADISH M S
AGED ABOUT 56 YEARS,
SHARE NO.7154
141. MURALIDHAR C S
S/O SUBRAMANYA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.299
142. SURESH C S
S/O SUBRAMANYA SETTY C S
AGED ABOUT 57 YEARS,
SHARE NO.300
- 17 -
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143. SATHISH BABU
S/O T K ANANTHA PADMANABHA SETTY
AGED ABOUT 57 YEARS,
SHARE NO.2151
144. SAMPATH KUMAR
S/O LAKSHMINARASIMHA SETTY
AGED ABOUT 65 YEARS,
SHARE NO.971
145. RAJENDRA
S/O SRIRAMA SETTY
AGED ABOUT 57 YEARS,
SHARE NO.7292
146. VIGHNESH
S/O MURALI KRISHNA SETTY
AGED ABOUT 57 YEARS,
SHARE NO.7937
147. PARVATHI T V
W/O R N SHIVAKUMAR GUPTA
AGED ABOUT 54 YEARS,
SHARE NO.2606
148. SHIVAKUMAR GUPTA R N
S/O T R NANJUNDA
AGED ABOUT 58 YEARS,
SHARE NO.2605
149. PRIYANKA
D/O NARAYANAMURTHY C A
AGED ABOUT 43 YEARS,
SHARE NO.7775
150. CHANDRAKALA
D/O S R NAGARAJA SETTY
AGED ABOUT 44 YEARS,
SHARE NO.1895
151. VIJAYAKUMAR K V
S/O K S VENKATACHALA SETTY
AGED ABOUT 54 YEARS,
SHARE NO.2919
- 18 -
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WP No. 806 of 2025
152. BHRAMARAMBHA
W/O ANJAN KUMAR
AGED ABOUT 47 YEARS,
SHARE NO.7683
153. ANJAN KUMAR K S
S/O K N SHANKAR
AGED ABOUT 55 YEARS,
SHARE NO.3097
154. MEENAKSHAMMA G V
W/O VENKATACHALA SETTY G A
AGED ABOUT 57 YEARS,
SHARE NO.1117
155. SATHYANARAYANA SETTY K M
S/O PANDURANGA SETTY K M
AGED ABOUT 58 YEARS,
SHARE NO.6945
156. PADMAVATHI K S
W/O SATHYANARAYANA SETTY K M
AGED ABOUT 52 YEARS,
SHARE NO.6944
157. T.N. DIVYA
W/O T V RAGHAVENDRA
AGED ABOUT 46 YEARS,
SHARE NO.7352
158. CHINMAYI N S
D/O SURESH BABU
AGED ABOUT 48 YEARS,
SHARE NO.6923
159. CHETHANA N S
S/O SURESH BABU N R
AGED ABOUT 53 YEARS,
SHARE NO.8192
160. RAGHAVENDRA N
S/O NAGARAJA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.6857
- 19 -
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161. N R NAGARAJA SETTY
S/O N K RAMACHANDRA SETTY
AGED ABOUT 53 YEARS,
SHARE NO.1498
162. BRUNDRA B N
D/O NAGABHUSHANA B A
AGED ABOUT 49 YEARS,
SHARE NO.8240
163. SHWETHA S
W/O RAGHAVENDRA
AGED ABOUT 48 YEARS,
SHARE NO.7540
164. AJAY S
S/O SUBBAIAH SETTY
AGED ABOUT 57 YEARS,
SHARE NO.6933
165. NANDA KISHOR M R
S/O RAJAGOPALA SETTY M R
AGED ABOUT 58 YEARS,
SHARE NO.7273
166. SHRUTHI B A
W/O NAGARAJU B
AGED ABOUT 54 YEARS,
SHARE NO.6807
167. PADMAVATHAMMA T C
W/O CHANDRASHEKHAR T N
AGED ABOUT 50 YEARS,
SHARE NO.3253
168. T N KIRAN KUMAR
S/O NANJUNDA SETTY B S
AGED ABOUT 58 YEARS,
SHARE NO.2809
169. T K APARNA
W/O KIRAN KUAMR T N
AGED ABOUT 50 YEARS,
SHARE NO.7332
- 20 -
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170. RAMAKRISHNA PRASAD G R
S/O G C RANGANATHA SETTY
AGED ABOUT 58 YEARS,
SHARE NO.1326
171. SAMPATH KUMAR D N
S/O NAGARAJA SETTY L M
AGED ABOUT 50 YEARS,
SHARE NO.7314
172. ADILAKSHMI NARAYANA MURTHY
W/O NARAYANAMURTHY L M
AGED ABOUT 57 YEARS,
SHARE NO.7310
173. SEETHARAMU B V
S/O VENKATARAMAIAH SETTY
AGED ABOUT 68 YEARS,
SHARE NO.1390
174. JAYALAKSHMI B S
W/O SEETHARAMU B V
AGED ABOUT 59 YEARS,
SHARE NO.1391
175. NAGESH T K
S/O T V KONDAIAH SETTY
AGED ABOUT 63 YEARS,
SHARE NO.1731
176. VENKATESH BABU L N
S/O NAGARAJA SETTY
AGED ABOUT 38 YEARS,
SHARE NO.2610
177. BALAJI G V
S/O G V DWARAKANATH
AGED ABOUT 46 YEARS,
SHARE NO.2767
178. SAVITHA K S
W/O K R VENKATACHALAPAHY
AGED ABOUT 38 YEARS,
SHARE NO.2783
- 21 -
NC: 2025:KHC:3327
WP No. 806 of 2025
179. JYOTHI M
W/O V P MANOHARA SETTY
AGED ABOUT 58 YEARS,
SHARE NO.2800
180. LAKSHMI K KUMAR
W/O KRISHNAKUMAR K A
AGED ABOUT 59 YEARS,
SHARE NO.2848
181. KRISHNAMUMAR K A
S/O N ASHWATHAIAH
AGED ABOUT 67 YEARS,
SHARE NO.2849
182. NAGENDRA KUMAR
S/O N ASHWATHAIAH
AGED ABOUT 38 YEARS,
SHARE NO.2853
183. DEEPA C R
D/O C G RAGHAVENDRA
AGED ABOUT 32 YEARS,
SHARE NO.2887
184. SREEDHARA K
S/O G T KRISHNA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.2921
185. RADHAKRISHNA SETTY N
S/O NAGARAJA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.3025
186. SANDHYARANI S S
W/O A V N PRASAD
AGED ABOUT 36 YEARS,
SHARE NO.3066
187. PRABHAKAR S
S/O LATE SATHYANARAYANA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.3089
- 22 -
NC: 2025:KHC:3327
WP No. 806 of 2025
188. SASHIKALA H R
S/O S PRABHAKAR
AGED ABOUT 57 YEARS,
SHARE NO.3090
189. LAKSHMI G V
W/O M A NAGESH
AGED ABOUT 48 YEARS,
SHARE NO.3101
190. LATHA S
D/O K N VENKATACHALAPATHY
AGED ABOUT 36 YEARS,
SHARE NO.3128
191. MANJULA
W/O D R SRINIVASA
AGED ABOUT 42 YEARS,
SHARE NO.3246
192. PARIJATHA
W/O T V RAMESH BABU
AGED ABOUT 47 YEARS,
SHARE NO.3300
193. SHAILAJA VENUGOPAL
W/O VENUGOPAL T N
AGED ABOUT 55 YEARS,
SHARE NO.4180
194. SRINIVAS K V
S/O K VENKATARAMAIAH
AGED ABOUT 56 YEARS,
SHARE NO.3161
195. ROOPANADA R
W/O RAGHUNAND M S
AGED ABOUT 47 YEARS,
SHARE NO.6904
196. KATTA PERUMAL
S/O KATTA KRISHNAIAH SETTY
AGED ABOUT 56 YEARS,
SHARE NO.3180
- 23 -
NC: 2025:KHC:3327
WP No. 806 of 2025
197. G P PRAMODKUMAR
S/ PRASANNAKUMAR G S
AGED ABOUT 53 YEARS,
SHARE NO.8497
198. SUDHALAKSHMI
W/O PRAMODKUMAR G P
AGED ABOUT 47 YEARS,
SHARE NO.8498
199. PRASANNAKUMAR G S
S/O LATE G SHANKAR SETTY
AGED ABOUT 57 YEARS,
SHARE NO.3179
200. NATARAJ M S
S/O SURYANARAYANA SETTY
AGED ABOUT 59 YEARS,
SHARE NO.8374
201. SUGUNA M
W/O NATARAJ M S
AGED ABOUT 55 YEARS,
SHARE NO.8365
202. DEVIPRASAD S
S/O VISHWANATH SETTY
AGED ABOUT 59 YEARS,
SHARE NO.8452
203. ANIL KUMAR G
S/O DHARAMPAL G S
AGED ABOUT 51 YEARS,
SHARE NO.8461
204. VENKATESH BABU S V
S/O VENKAIAH SETTY
AGED ABOUT 58 YEARS,
SHARE NO.3157
205. NAGAMANI S
W/O VENKATESH BABU S V
AGED ABOUT 53 YEARS,
SHARE NO.8410
- 24 -
NC: 2025:KHC:3327
WP No. 806 of 2025
206. VENKATARAMAN T S
W/O SATHYANARAYANA GUPTA
AGED ABOUT 56 YEARS,
SHARE NO.8462
207. S L MANJUNATH
S/O LAKSHMINARAYANA SETTY
AGED ABOUT 57 YEARS,
SHARE NO.8125
208. M J MOHAN BABU
S/O JANARDHANA BABU
AGED ABOUT 59 YEARS,
SHARE NO.8123
209. NAGARAJA N K
S/O N V KRISHNA SETTY
AGED ABOUT 47 YEARS,
SHARE NO.3159
210. SATHYA PRAKASH M C
S/O M CHAYANNA SETTY
AGED ABOUT 54 YEARS,
SHARE NO.3165
211. D SHIVAPRASAD
S/O SUBBARAYA GUPTA D
AGED ABOUT 64 YEARS,
SHARE NO.8146
212. NITHIN S V
S/O VENKATESH BABU S V
AGED ABOUT 45 YEARS,
SHARE NO.8412
213. KEERTHI S V
D/O VENKATESH BABU S V
AGED ABOUT 43 YEARS,
SHARE NO.8411
214. S MANJUNATHA GUPTA
S/O VENKAIAH
AGED ABOUT 62 YEARS,
SHARE NO.8407
- 25 -
NC: 2025:KHC:3327
WP No. 806 of 2025
215. LAKSHMI S
W/O MANJUNATH GUPTA S
AGED ABOUT 56 YEARS,
SHARE NO.8408
216. SIRISHA S M
D/O MANJUNATHA GUPTA S
AGED ABOUT 44 YEARS,
SHARE NO.8409
217. Y A NARAYANA SETTY
S/O ANJANEYA SETTY K
AGED ABOUT 54 YEARS,
SHARE NO.8121
218. K SRINIVAS
S/O VENKATARAMAIAH K
AGED ABOUT 59 YEARS,
SHARE NO.8114
219. M S JAGADISH
S/O SURYANARAYANA SETTY
AGED ABOUT 51 YEARS,
SHARE NO.3166
220. KIRAN TALANKI S V
S/O VENKATARAMA SETTY
AGED ABOUT 38 YEARS,
SHARE NO.7919
221. NAGARJUNA T A
S/O ANANTHAMURTHY
AGED ABOUT 32 YEARS,
SHARE NO.7882
222. GANGAIAH GUPTHA M
S/O ASHWATHANARAYANA SETTY M
AGED ABOUT 44 YEARS,
SHARE NO.4119
223. SRILAKSHMI N
W/O T K NAGARAJA SETTY
AGED ABOUT 65 YEARS,
SHARE NO.1005
- 26 -
NC: 2025:KHC:3327
WP No. 806 of 2025
224. G V LAKSHMI
W/O VIVEK G N
AGED ABOUT 59 YEARS,
SHARE NO.7001
225. NIRUSHA G V
W/O VINOD G N
AGED ABOUT 36 YEARS,
SHARE NO.7725
226. GAYATHRI
W/O SRINIVASA T
AGED ABOUT 62 YEARS,
SHARE NO.4509
227. SRINIVASA T
S/O LATE GAVAIAH SETTY T M
AGED ABOUT 58 YEARS,
SHARE NO.4508
228. SREESHA TALANKI S M
D/O MANJUNATH SETTY S R
AGED ABOUT 33 YEARS,
SHARE NO.7723
229. NAVEEN KUMAR S V
S/O VENKATARAMANA SETTY
AGED ABOUT 36 YEARS,
SHARE NO.7724
230. RAGHAVENDRA T N
S/O NAGARAJA T
AGED ABOUT 46 YEARS,
SHARE NO.4810
231. RATHNAMALA S
W/O H R SUBBARAJA
AGED ABOUT 51 YEARS,
SHARE NO.2897
232. VENKATESH BABU
S/O VENAKATARAMAIAH SETTY
AGED ABOUT 56 YEARS,
SHARE NO.5441
- 27 -
NC: 2025:KHC:3327
WP No. 806 of 2025
233. NAGA PRAVEEN
S/O ADIRAMA SETTY
AGED ABOUT 51 YEARS,
SHARE NO.5806
234. SMITHA R C
D/O CHANDRASHEKHAR GUPTA
AGED ABOUT 35 YEARS,
SHARE NO.6744
235. LAVANYA K R
W/O DEEPAK T N
AGED ABOUT 36 YEARS,
SHARE NO.6877
236. ANANDALAKSMI K S
W/O SRIDHARAMURTHY K R
AGED ABOUT 57 YEARS,
SHARE NO.6884
237. SHOBHA MALLIKARJUNA B M
D/O NARAYANA SETTY T N
AGED ABOUT 43 YEARS,
SHARE NO.6885
238. SWATHI BHAGAWAN
W/O HARI BHAGAWAN MAKAM T S
AGED ABOUT 38 YEARS,
SHARE NO.7012
239. RAGHAVENDRA T S
S/O D R SRINIVAS
AGED ABOUT 48 YEARS,
SHARE NO.7404
240. KUMUDA T L
D/O LAKSHMINARAYANA SETTY
AGED ABOUT 42 YEARS,
SHARE NO.7386
241. ARJUN C
S/O C S JAGADISH BABU
AGED ABOUT 44 YEARS,
SHARE NO.7401
- 28 -
NC: 2025:KHC:3327
WP No. 806 of 2025
242. NAGAMANI
W/O VENKATESH BABU
AGED ABOUT 47 YEARS,
SHARE NO.7437
243. SRUTHI T N
D/O NAGESH T G
AGED ABOUT 38 YEARS,
SHARE NO.7696
244. NAGASHREE K S
D/O SRIDHARMURTHY K V
AGED ABOUT 38 YEARS,
SHARE NO.7737
245. SRINATH D S
S/O SHANKARANARAYANA SETTY
AGED ABOUT 55 YEARS,
SHARE NO.7460
246. N. SANDYA K.S.
D/O SATISH K V
AGED ABOUT 36 YEARS,
SHARE NO.6614
247. SUPRITHA K S
D/O SATHISH K V
AGED ABOUT 32 YEARS,
SHARE NO.7811
248. POORVI KOMARALU
D/O SRIDHAR K R
AGED ABOUT 34 YEARS,
SHARE NO.7699
249. C J DAKSHAYANI
W/O C S JAGADISH BABU
AGED ABOUT 59 YEARS,
SHARE NO.993
250. JAGADISH BABU C S
S/O SHIVARAMAIAH SETTY C R
AGED ABOUT 66 YEARS,
SHARE NO.994
- 29 -
NC: 2025:KHC:3327
WP No. 806 of 2025
251. K S MEGHANA
W/O SHANKAR K S
AGED ABOUT 38 YEARS,
SHARE NO.7722
252. DEEPA
D/O K N SATHYANARAYANA
AGED ABOUT 40 YEARS,
SHARE NO.4192
253. TEJASWINI S
W/O MANU G R
AGED ABOUT 40 YEARS,
SHARE NO.7243
254. VINODA
W/O G R RAMAMURTHY
AGED ABOUT 70 YEARS,
SHARE NO.3069
255. K S SHANKAR
S/O LATE SATHYANARAYANA SETTY
AGED ABOUT 40 YEARS,
SHARE NO.6903
256. NAVEEN A A
S/O A N ANANDA SETTY
AGED ABOUT 45 YEARS,
SHARE NO.3039
257. RUKMINI A
W/O ANNADA SETTY A N
AGED ABOUT 70 YEARS,
SHARE NO.2737
258. RAMYA P S
D/O NAVEEN A A
AGED ABOUT 45 YEARS,
SHARE NO.6874
259. AMRUTHA A S
W/O A A SHASHIDHARA
AGED ABOUT 52 YEARS,
SHARE NO.5454
- 30 -
NC: 2025:KHC:3327
WP No. 806 of 2025
260. SHASHIDHARA A A
S/O A N ANANDA SETTY
AGED ABOUT 51 YEARS,
SHARE NO.1949
261. CHANDRASHEKHARA H S
S/O ANANTHAPADMANABA SHETTY
AGED ABOUT 50 YEARS,
SHARE NO.405
262. VEENA KUMAR A
D/O A N ANANDA SETTY
AGED ABOUT 55 YEARS,
SHARE NO.406
263. LAKSHMI ARUN
W/O A N ANANDA SETTY
AGED ABOUT 50 YEARS,
SHARE NO.4891
264. LATHA A
D/O A N ANANDA SETTY
AGED ABOUT 54 YEARS,
SHARE NO.4892
265. ATHAMARAMA SETTY K A
S/O ANANTHARAMA SETTY
AGED ABOUT 78 YEARS,
SHARE NO.5428
266. NETHRAVATHI
W/O SURENDRA R S
AGED ABOUT 44 YEARS,
SHARE NO.7660
267. GOWRI JAYAKUMAR
W/O JAYAKUMAR N G
AGED ABOUT 57 YEARS,
SHARE NO.5832
268. JAYAKUMAR N G
S/O GOVINDARAJULU GUPTA
AGED ABOUT 59 YEARS,
SHARE NO.154
- 31 -
NC: 2025:KHC:3327
WP No. 806 of 2025
269. GEETHAMURTHY
W/O VASUDEVAMURTHY K
AGED ABOUT 56 YEARS,
SHARE NO.7595
270. MAHESHA D A
S/O D N ANANTHARAMA SETTY
AGED ABOUT 58 YEARS,
SHARE NO.237
271. RUKMINI S
W/O SHANKARANARAYANA SETTY
AGED ABOUT 44 YEARS,
SHARE NO.1531
272. NAGAJYOTHI D M
W/O D A MAHESH
AGED ABOUT 40 YEARS,
SHARE NO.1907
273. SHILPA D B
W/O D R BHADRESH
AGED ABOUT 54 YEARS,
SHARE NO.4158
274. PRASANNAKUMAR C V
S/O K R VISHWANATH SETTY
AGED ABOUT 56 YEARS,
SHARE NO.2166
275. ARATHI G K
W/O C V CHANDRASHEKHAR GUPA
AGED ABOUT 48 YEARS,
SHARE NO.2167
276. KIRANRAJ C R
S/O RAMACHANDRAIAH SETTY K
AGED ABOUT 39 YEARS,
SHARE NO.7134
277. UMARANI C R
D/O RAMACHANDRAIAH SETTY K
AGED ABOUT 43 YEARS,
SHARE NO.7133
- 32 -
NC: 2025:KHC:3327
WP No. 806 of 2025
278. SUMALATHA C R
D/O RAMACHANDRAIAH SETTY K
AGED ABOUT 40 YEARS,
SHARE NO.7132
279. KRISHNAKUMAR P P
S/O T A PRASANNA KUMAR
AGED ABOUT 45 YEARS,
SHARE NO.1174
280. NIRMALA K
W/O T P KIRAN KUMAR
AGED ABOUT 39 YEARS,
SHARE NO.1165
281. NIKHIL DONTHI
S/O T P KIRANKUMAR
AGED ABOUT 45 YEARS,
SHARE NO.8184
282. RAHUL DONTHI
S/O T P KIRANKUMAR
AGED ABOUT 43 YEARS,
SHARE NO.8183
283. UMA AMARANATH
W/O AMARANATH T P
AGED ABOUT 50 YEARS,
SHARE NO.2733
284. SHOBHA DWARAK T D
W/O D R KASHINATH
AGED ABOUT 44 YEARS,
SHARE NO.2724
285. KASHINATH K R
S/O RAMANANDA GUPTA
AGED ABOUT 50 YEARS,
SHARE NO.8619
286. VIGNESH M
S/O MAHESH C V
AGED ABOUT 31 YEARS,
SHARE NO.7932
- 33 -
NC: 2025:KHC:3327
WP No. 806 of 2025
287. S DHANALAKSHMI
S/O C V MAHESH
AGED ABOUT 54 YEARS,
SHARE NO.791
288. RAMU N G
S/O N GOVINAIAH SETTY
AGED ABOUT 39 YEARS,
SHARE NO.3153
289. SATHYALAKSHMI K
W/O KRISHNAMURTHY
AGED ABOUT 48 YEARS,
SHARE NO.3205
290. VINUTHA R
W/O RUPESHU
AGED ABOUT 39 YEARS,
SHARE NO.3276
ALL ARE MEMBERS OF
VYSYA CO-OPERATIVE BANK LTD,
DR. SRI SRI SHIVAKUMARA SWAMIJI CIRCLE,
B.H. ROAD, TUMKUR-572102
...PETITIONERS
(BY SRI. RAJU S., 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-OEPRATIVE ELECTION AUTHORITY
3RD FLOOR, TTMC A BLOCK,
K.H. ROAD, SHANTHINAGAR,
BANGALORE-560027
REPRESENTED BY ITS SECRETARY
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES/
- 34 -
NC: 2025:KHC:3327
WP No. 806 of 2025
DISTRICT ELECTION OFFICER,
DISTRICT OFFICE,
TUMKUR DISTRICT-572102.
4. RETURNING OFFICER
VYSYA CO-OPERATIVE BANK LTD.,
B.H. ROAD, TUMKUR-572102
5. VYSYA CO-OPERATIVE BANK LTD.,
B.H. ROAD, TUMKUR-572102
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
(SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959)
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3, R4;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI. MANOHAR B.K., ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT NO.2 TO 5 TO INCLUDE THE NAMES OF THE
PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE
PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT
NO.5 AND ALSO TO CONTEST IN THE ELECTION, WHICH IS
SCHEDULED TO BE HELD ON 19.01.2025 (ANNEXURE-A).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
- 35 -
NC: 2025:KHC:3327
WP No. 806 of 2025
ORAL ORDER
Petitioners in this petition are seeking to direct respondent Nos.2 to 5 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 19.01.2025.
2. This Court, by way of interim arrangement on 16.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 19.01.2025 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:
- 36 -
NC: 2025:KHC:3327 WP No. 806 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.-
- 37 -
NC: 2025:KHC:3327 WP No. 806 of 2025
(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.
- 38 -
NC: 2025:KHC:3327 WP No. 806 of 2025
(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;
- 39 -
NC: 2025:KHC:3327 WP No. 806 of 2025
(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
- 40 -
NC: 2025:KHC:3327 WP No. 806 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
- 41 -
NC: 2025:KHC:3327 WP No. 806 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."
- 42 -
NC: 2025:KHC:3327 WP No. 806 of 2025
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
- 43 -
NC: 2025:KHC:3327 WP No. 806 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
- 44 -
NC: 2025:KHC:3327 WP No. 806 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:
- 45 -
NC: 2025:KHC:3327 WP No. 806 of 2025
(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
- 46 -
NC: 2025:KHC:3327 WP No. 806 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:3327 WP No. 806 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:3327 WP No. 806 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
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NC: 2025:KHC:3327 WP No. 806 of 2025 impact on the elections, whether the petitioners are the 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 this petition 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 petition needs 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 19.01.2025 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:3327 WP No. 806 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 MBM List No.: 1 Sl No.: 0