Karnataka High Court
Mahendra vs The State Of Karnataka on 30 August, 2023
Author: R Devdas
Bench: R Devdas
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WP No. 18006 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 18006 OF 2023 (CS-EL/M)
BETWEEN:
1. MAHENDRA,
S/O MAHABALA KULAL,
AGED 29 YEARS,
MEMBER NO.5033.
2. KARUNAKARA HANDA,
S/O RAMA HANDA,
AGED 46 YEARS,
MEMBER NO.5531,
3. JYOTHI POOJARTHI,
W/O SHEKARA POOJARY,
AGED 41 YEARS,
MEMBER NO.5612.
Digitally signed
by VINUTHA M 4. SHASHIKANTHA,
Location: HIGH S/O RAJU MOOLYA,
COURT OF AGED 38 YEARS,
KARNATAKA MEMBER NO.5504.
5. KRISHNA SHETTIGAR,
S/O BOGRA SHETTIGAR,
AGED 66 YEARS,
MEMBER NO.5783.
6. GANESHA KULAL,
S/O RAJU KULAL,
AGED 36 YEARS,
MEMBER NO.5451.
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7. UMESHA PRABHU,
S/O SUBBANNA PRABHU,
AGED 36 YEARS,
MEMBER NO.5350.
8. MADHUKARA ACHARYA,
S/O PADMANABHA ACHARYA,
AGED 35 YEARS,
MEMBER NO.5337.
9. SHAKUNTHALA,
W/O SHANKARA POOJARY,
AGED 44 YEARS,
MEMBER NO.5291.
10. RATHNAKARA ACHARYA,
S/O LATE KITTANNA ACHARYA,
AGED 52 YEARS,
MEMBER NO.5242.
11. KIRANA SHETTY,
S/O VASU SHETTY,
AGED 30 YEARS,
MEMBER NO.5239.
12. SATHISHA PRABHU,
S/O GOVINDA PRABHU,
AGED 44 YEARS,
MEMBER NO.5235,
13. SURENDRA SHERIGARA,
S/O NARASHIMHA SHERIGARA,
AGED 38 YEARS,
MEMBER NO.5225.
14. MALLIKA
W/O PRASHANTHA SHETTY,
AGED 32 YEARS,
MEMBER NO 5223
15. UMESHA,
S/O KITTA KULALA,
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AGED 31 YEARS,
MEMBER NO.5217.
16. JYOTHI S SHETTY,
W/O SUNDARA SHETTY,
AGED 48 YEARS,
MEMBER NO.5213.
17. PRAKASHA ACHARYA,
S/O LATE KRISHNA ACHARYA,
AGED 52 YEARS,
MEMBER NO.5212.
18. GOPALA POOJARY,
S/O GOVINDA POOJARY,
AGED 48 YEARS,
MEMBER NO.5193.
19. USHA SHETTY,
W/O VASU SHETTY,
AGED 47 YEARS,
MEMBER NO.5188.
20. BHASKARA MOOLYA,
S/O GOVINDA MOOLYA,
AGED 51 YEARS,
MEMBER NO.5182.
21. SANDESH,
S/O KRISHNA ACHARYA
AGED 58 YEARS,
MEMBER NO.5163.
22. STAHISH SHERIGAR,
S/O LATE APPU SHERIGAR,
AGED 40 YEARS,
MEMBER NO.5134.
23. VEDHA PRABHA S KADAMBA,
W/O SEETHARAM KADAMBA,
AGED 54 YEARS,
MEMBER NO.5062.
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24. SHANTHARAMA SHETTIGAR,
S/O SHEENA SHETTIGAR,
AGED 56 YEARS,
MEMBER NO.5039.
25. VENKATRAYA PAI,
S/O MANJUNATHA PAI,
AGED 78 YEARS,
MEMBERJNO.1338.
26. SATHISH KULAL,
S/O SHIVAYYA HANDA,
AGED 32 YEARS,
MEMBER NO.5035.
27. PRASHANTH,
S/O MAHABALA SHETTY,
AGED 38 YEARS,
MEMBER NO.5025.
28. PRAKASH.K,
S/O SHIVAYYA MOOLYA,
AGED 31 YEARS,
MEMBER NO.5021.
29. RAJESH KUMAR,
S/O LAKSHMANA,
AGED 31 YEARS,
MEMBER NO.5017.
30. NITHISH POOJARY,
S/O VASU POOJARY,
AGED 30 YEARS,
MEMBER NO.4993.
31. SHASHIDHARA,
S/O KARIYA MERA,
AGED 37 YEARS,
MEMBER NO.4880.
32. MAHESH KULAL,
S/O KITTA KULAL,
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WP No. 18006 of 2023
AGED 36 YEARS,
MEMBER NO.4837.
33. JYOTHI POOJARTHI,
W/O GOPALA POOJARY,
AGED 41 YEARS,
MEMBER NO.4765.
34. SUJATHA SHETTY,
W/O SHEKHARA SHETTY,
AGED 48 YEARS,
MEMBER N. 4751.
35. DAYANANDA POOJARY,
S/O DEVU POOJARY,
AGED 52 YEARS,
MEMBER NO.4512.
36. RAJESH SHETTY,
S/O VITTALA SHETTY,
AGED 37 YEARS,
MEMBER NO.4470.
37. SHANKARA SHETTY,
S/O SADHU SHETTY,
AGED 56 YEARS,
MEMBER NO. 4463.
38. CHELUVAYYA POOJARY,
S/O NEELAYYAPOOJARY,
AGED 65 YEARS,
MEMBER NO. 4284
39. PRASHANTH JAIN,
S/O MRUTHYUNJAYA JAIN,
AGED 40 YEARS,
MEMBER NO.4242.
40. HRUDAYA SHETTY,
S/O LATE LOKAYYA SHETTY,
AGED 50 YEARS,
MEMBER NO.3424.
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WP No. 18006 of 2023
41. RAJU POOJARY,
S/O MANJU POOJARY,
AGED 70 YEARS,
MEMBER NO.3350.
42. SUNDARA POOJARY,
S/O CHINKRA POOJARY,
AGED 58 YEARS,
MEMBER NO.2540.
43. SHRIDHAR PAI,
S/O RAMACHANDRA PAI,
AGED 80 YERS,
MEMBER NO.1274.
44. SANDESH SHETTY,
S/O SADANANDA SHETTY,
AGED 30 YEARS,
MEMBER NO.5312.
45. VIDYANANDA,
S/O SHREENIVAS NAYAK,
AGED 30 YEARS,
MEMBER NO.5276.
46. VIGHNESH
S/O SHIVANANDA NAYAK,
AGED 29 YEARS,
MEMBER NO.5270.
47. VARIJA KULALTHI,
W/O SHANKARA KULAL,
AGED 43 YEARS,
MEMBER NO.5258.
48. PRATHIBHA,
W/O RAVIKIRAN,
AGED 35 YEARS,
MEMBER NO.5219.
49. POORNIMA,
W/O KRISHNA POOJARY,
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AGED 36 YEARS,
MEMBER NO.5498.
50. KANCHANA MALA.S,
W/O NIRMAL KUMAR JAIN,
AGED 38 YEARS,
MEMBER NO.5477.
51. SUDHEER,
S/O ANNAYYA ACHARYA,
AGED 34 YEARS,
MEMBER NO.5428.
52. PREETHI POOJARTHI,
W/O YOGISH POOJARY,
AGED 38 YEARS,
MEMBER NO.5295.
53. SANTHOSH,
S/O GOPALA SHETTIGAR,
AGED 40 YEARS,
MEMBER NO.5364.
54. GURUPRASAD POOJARY,
S/O RAVINDRA POOJARY,
AGED 38 YEARS,
MEMBER NO.5344.
55. VANITHA POOJARTHI,
W/O ASHOKA POOJARY,
AGED 34 YEARS,
MEMBER NO.5271.
56. SUDHAKRA KULAL,
S/O BACCHA KULAL,
AGED 40 YEARS,
MEMBER NO.5145.
57. SHIVANANDA PRABHU,
S/O LATE RAMACHANDRA PRABHU,
AGED 42 YEARS,
MEMBER NO.5111.
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58. SHRINIVAS SHETTIGAR,
S/O LATE KALU SHETTIGAR,
AGED 48 YEARS,
MEMBER NO.5084.
59. SEETHARAM SHETTIGAR,
S/O KALU SHETTIGAR,
AGED ABOUT 50 YEARS,
MEMBER NO.5085.
60. PRAVEEN HEGDE,
S/O SHEENA HEGDE,
AGED 42 YEARS,
MEMBER NO.4989.
61. GURUPRASAD SHETTY,
S/O SUNDARA SHETTY,
AGED 36 YEARS,
MEMBER NO.4598.
62. MAHESH NAIK,
S/O SUBBANNA NAIK,
AGED 36 YEARS,
MEMBER NO.4510.
63. KRISHNA NAIK,
S/O LATE DHAOOMA NAIK,
AGED 37 YEARS,
MEMBER NO.4353.
64. SHIVANANDA ACHARYA,
S/O JANARDHAN ACHARYA,
AGED 46 YEARS,
MEMBER NO.3921.
65. SANTHOSH KUMAR SHETTY,
S/O BHASKAR SHETTY,
AGED 41 YEARS,
MEMBER NO.3841.
66. VITTALA POOJARY,
S/O YELLAPPA POOJARY,
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WP No. 18006 of 2023
AGED 51 YEARS,
MEMBER NO.3472.
67. LAKSHMI NAIK,
W/O LOKAYYA NAIK,
AGED 48 YEARS,
MEMBER NO.3439.
68. SATHISH HEBBAR,
S/O VENKATAGIRI HEBBAR,
AGED 41 YEARS,
MEMBER NO.2615.
69. VISHALAKSHI POOJARY,
W/O BHASKAR POOJARY,
AGED 44 YEARS,
MEMBER NO.5537.
70. KRISHNA SHETTIGAR,
S/O LATE SHEENA SHETTIGAR,
AGED 44 YEARS,
MEMBER NO.5407,
71. MANJUNATHA SHETTIGAR,
S/O LATE SUDHAKAR SHETTIGAR,
AGED 41 YEARS,
MEMBER NO.5361.
72. JYOTHI K.
W/O MANDARA POOJARY,
AGED 37 YEARS,
MEMBER NO.5339,
73. MOHINI SHETTIGAR,
W/O PANDURANGA SHETTIGAR,
AGED 38 YEARS,
MEMBER NO.5336.
74. RAJESH,
S/O SHANKAR NAIK,
AGED 30 YEARS,
MEMBER NO.5322.
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75. RADHIKA,
W/O HARISH NAIK,
AGED 34 YEARS,
MEMBER NO.5297.
76. RAVI SHETTIGAR,
S/O NARAYAN SHETTIGAR,
AGED 40 YEARS,
MEMBER NO.5279,
77. PRAKASH ACHARYA,
S/O LATE RUDRAYYA ACHARYA,
AGED 43 YEARS,
MEMBER NO.5245,
78. DINESH SHETTIGAR,
S/O VENKAPPA SHETTIGAR,
AGED 32 YEARS,
MEMBER NO.5228.
79. DIRESH,
S/O ANNAPPA SHETTIGAR,
AGED 36 YEARS,
MEMBER NO.5227.
80. KRISHNA POOJARY,
S/O LATE KOOKRA POOJARY,
AGED 54 YEARS,
MEMBER NO.5183.
81. PRAKASH DEVADIGA,
S/O KRISHNA DEVADIGA,
AGED 40 YEARS,
MEMBER NO.5010.
82. RAGHAVENDRA,
S/O SUNDAR SHETTIGAR,
AGED 38 YEARS,
MEMBER NO.4959.
83. RAJESH SHETTIGAR,
S/O BACCHA SHETTIGAR,
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AGED 36 YEARS,
MEMBER NO.4940.
84. S.KUMAR,
S/O SHEENA POOJARY,
AGED 50 YEARS,
MEMBER NO.5460.
85. SUREKHA,
W/O RAJU POOJARY,
AGED 38 YEARS,
MEMBER NO.5216.
86. VASANTHI POOJARY,
W/O SHEENA POOJARY,
AGED 42 YEARS,
MEMBER NO.5172.
87. VINODA POOJARTHI,
W/O SADANANDA POOJARY,
AGED 38 YEARS,
MEMBER NO.5182.
88. LAKSHMANA KULAL,
S/O MENPA KULAL,
AGED 66 YEARS,
MEMBER NO.5143.
89. RAMA SHETTY,
S/O LATE MAHABAL SHETTY,
AGED 60 YEARS,
MEMBER NO.5138.
90. UDAYA PRABHU,
S/O RAMANNA PRABHU,
AGED 46 YEARS,
MEMBER NO.5067.
91. SHOBHA,
W/O NILESH SHETTY,
AGED 34 YEARS,
MEMBER NO.4964.
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92. DINESH,
S/O RAJU POOJARY,
AGED 35 YEARS,
MEMBER NO.4824,
93. VISHWANATHA MOOLYA,
S/O SUNDARI HANDTHI,
AGED 34 YEARS,
MEMBER NO.4767.
94. YASHODHARA,
S/O RAJU POOJARY,
AGED 35 YEARS
MEMBER NO.4703.
95. SATHISH POOJARY,
S/O NARAYAN POOJARY,
AGED 36 YEARS,
MEMBER NO.4629.
96. SANTHOSH NAIK,
S/O SUNDAR NAIK,
AGED 38 YEARS,
MEMBER NO.4519.
97. VASUDEVA NAIK,
S/O UPENDRA NAIK,
AGED 76 YEARS,
MEMBER NO.4447.
98. UDAYA POOJARY,
S/O LATE. RANGA POOJARY,
AGED 45 YEARS,
MEMBER NO.5226.
99. SANTHA B POOJARTHI,
W/O BHOJA POOJARY,
AGED 46 YEARS,
MEMBER NO.5204.
100. VASANMTHI POOJARY,
W/O SHEENA POOJARY,
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AGED 48 YEARS,
MEMBER NO.5172.
101. SUREDNRA POOJARY,
S/O SADHU POOJARY,
AGED 40 YEARS,
MEMBER NO.4143.
ALL PETITIONERS ARE MEMBER OF
VARANGA SAHAKARI
VYAVASAYIKA SANGHA NI.,
VARANGA, HEBRI TALUK,
UDUPI DISTRICT-576112.
...PETITIONERS
(BY SRI. DEVIPRASAD SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S BUILDING, DR.B.R.AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY,
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, T.T.M.C.'A' BLOCK,
SHANTHI NAGAR, BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/
DISTRICT ELECTION OFFICER,
RAJATADRI, 'A' BLOCK, 1ST FLOOR,
MANIPAL, UDUPI-576 104.
4. RETURNING OFFICER,
VARANGA SAHAKARI VYAVASAYIKA SANGHA NI.,
VARANGA, HEBRI TALUK, UDUPI DISTRICT-576 112.
5. VARANGA SAHAKARI VYAVASAYIKA SANGHA NI.,
VARANGA, HEBRI TALUK, UDUPI DISTRICT-576 112.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
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(RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT-1959)
...RESPONDENTS
(BY SRI. SIDHARTH BABURAO, AGA FOR R1, R3 & R4;
SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-
2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE
LEGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO
VOTER IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULE
TO BE HELD ON 20.08.2023.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The prayer made in the writ petition has become infructuous since the elections have been held to the Board of the respondent/Co-operative Society.
2. Accordingly, the writ petition stands disposed of as the prayer made in the writ petition has become infructuous.
Sd/-
JUDGE VM List No.: 3 Sl No.: 8