Karnataka High Court
S M Padma vs The Election Officer Cum on 20 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.16956 OF 2022 (CS-EL/M)
BETWEEN:
1. S M PADMA
D/O S MAYALINGAIAH,
AGED 54 YEARS,
2. NEELAMMA
W/O THAMMAIAH,
AGED 59 YEARS,
3. LINGARAJU
S/O CHIKKASUBBAIAH,
AGED ABOUT 55 YEARS,
4. M G ANURADHAVATHI
W/O GOOLI GOWDA,
AGED 52 YEARS,
5. S V PUSHPA
D/O VENKATESHAIAH,
AGED 53 YEARS,
6. A DEVAMMANNI
W/O B APPAJI,
AGED ABOUT 55 YEARS,
7. B M LOKESH
S/O MALLESHAIAH,
AGED 53 YEARS,
8. B V MANGALAGOWRAMMA
D/O VENKATACHALA SHETTY,
AGED 53 YEARS,
2
9. H K SUMITHRAMMA
W/O KEMPEGOWDA
AGED 50 YEARS,
10. K GOWRAMMA
D/O MAYIGAYYA
AGED 58 YEARS,
11. M G PUTTASWAMY GOWDA
S/O GIRIGOWDA
AGED 54 YEARS,
(WRONGLY MENTIONED IN THE
LIST AS M.J. PUTTASWAMY GOWDA)
12. VARADHAIAH
S/O KARIAIAH
AGED 59 YEARS,
13. D MAHADEVAPPA
S/O DODDIAH
AGED 56 YEARS,
14. SUMATHI
D/O CHANNEGOWDA M C
AGED 35 YEARS,
15. SARASWATHAMMA
W/O CHIKKALINGEGOWDA
AGED 47 YEARS,
16. K S SUMA
D/O SATHYANARAYANA
AGED 42 YEARS,
17. NAGARAJU S/O RAMAIAH
AGED 49 YEARS,
18. M L SHIVALINGAIAH
S/O LINGEGOWDA
AGED 53 YEARS,
19. G R MEENAKSHI
D/O RAMAPPA
AGED 45 YEARS,
3
20. K B SUVARNA
W/O K BOREGOWDA
AGED 50 YEARS,
21. S RATHNAMMA
D/O T SIDAPPA
AGED 53 YEARS,
22. S ILIN SOWMYALATHA
D/O M NAMUVETT
AGED 54 YEARS,
23. B V POORNIMA
D/O VENKATACHALA SHETTY
AGED 50 YEARS,
24. S K SHARADAMMA
D/O KENCHEGOWDA
AGED 58 YEARS,
25. ASHARANI K B
W/O P BALASUNDRA
AGED 50 YEARS,
26. SUSHEELA G C
D/O CHIKKALINGAIAH
AGED 58 YEARS,
27. PADMAVATHI V
D/O VENKATACHALAIAH
AGED 53 YEARS,
(WRONGLY MENTIONED IN THE
LIST AS PADMAVATHI)
28. GEETHA M
W/O NAGARAJA MURTHY
AGED 52 YEARS,
29. K L GEETHA D/O LINGAIAH
AGED 47 YEARS,
30. K NAGAMMA
W/O J DASAPPA
AGED 50 YEARS,
4
31. S INDIRA
W/O K SIDDARAJU
AGED 52 YEARS,
32. SAHANAZ BEGUM
W/O AMIR KHAN
AGED 52 YEARS,
33. H R JAYAMMA
D/O RACHAIAH
AGED 51 YEARS,
34. K C RENU
S/O CHAITHANYA ARADHYA
AGED 53 YEARS,
35. S JAYAMMA
W/O STEPHEN
AGED 50 YEARS,
36. P PRAKASH
S/O PUTTARAMAIAH
AGED 45 YEARS,
37. G P KUMARI
D/O PUTTASWAMY SHETTY
AGED 58 YEARS,
38. S RAJASHEKAR
S/O SIDDAIAH
AGED 55 YEARS,
39. H T SANNASHETTY
S/O THIMMASHETTY
AGED 53 YEARS,
40. K M VEDAVATHY
D/O MAYIGAYYA
AGED 47 YEARS,
41. B V HEMALATHA
D/O VENKATACHALA SHETTY
AGED 53 YEARS,
5
42. CHANDRAKALA
W/O SIDDAMALLARADHYA SHASTRY
AGED 50 YEARS,
43. N SHYLA
D/O H C NANJUNDAPPA
AGED 53 YEARS,
44. RENUKADEVI
D/O BOMMAIAH
AGED 46 YEARS,
45. D K SUMITHRA
D/O K DASAIAH
AGED 49 YEARS,
46. S M LALITHAMMA
D/O S MAYIGAYYA
AGED 50 YEARS,
47. B M GANGADHARA
S/O MARIYAPPA
AGED 53 YEARS,
48. N SARVAMANGALAMMA
D/O NAGANNA
AGED 48 YEARS,
49. B R RAJESHWARI
W/O N V REVURADHYA
AGED 52 YEARS,
50. KAMALAMMA
D/O ANKEGOWDA
AGED 54 YEARS,
51. P B RANI
D/O BOMMEGOWDA
AGED 48 YEARS,
52. J ANITHACHRISTY
D/O D J JOHN
AGED 50 YEARS,
6
53. YASMEEN TAJ
W/O MOHAMMED KALANDAR
AGED 53 YEARS,
54. MADHURA RAJITHA
D/O SATHYAVIJAYA
AGED 50 YEARS,
(WRONGLY MENTIONED IN THE
LIST AS MADHURA RANJITHA)
55. NAGARATHNA
D/O SEENAPPA
AGED 54 YEARS,
56. R SHANKARA
S/O RAMANNA
AGED ABOUT 47 YEARS
57. K B MAHENDRA
S/O BOMMAIAH
AGED 50 YEARS
58. SAVITHRI
W/O SHIVANANJAIAH
AGED 50 YEARS,
59. SARASWATHI
D/O K NARAYANA
AGED 54 YEARS,
60. B K RAMAIAH
S/O KARIAIAH
AGED 55 YEARS,
61. NAGARATHNAMMA
W/O MADAIAH
AGED 50 YEARS,
62. B K KALAIAH
S/O BHAGURANA KALAIAH
AGED 58 YEARS,
7
63. N C UMAVATHI
D/O CHINNAPPA N B
AGED 4 1 YEARS,
64. SHIVAKUMAR
S/O PANCHAIAH
AGED 56 YEARS,
65. K S SUJATHA
D/O K C SUBBANNA
AGED 50 YEARS,
66. P M PREMAMMANNI
D/O S MADAIAH
AGED 52 YEARS,
67. H R INDIRA
D/O RAMEGOWDA
AGED 52 YEARS,
68. C RAJESHA
S/O CHIKKACHOWDAIAH
AGED 47 YEARS,
69. PARASHIVAIAH
S/O MAHADEVA SHETTY
AGED 56 YEARS,
70. S SUMA
D/O SRIRANGARAJU
AGED 42 YEARS,
71. K N LATHAMANI
D/O C NAGALINGAIAH
AGED 50 YEARS,
72. LUURD MARY
S/O ANTHONY NADAN
AGED 52 YEARS,
73. SARVAMANGALA
D/O LINGAIAH
AGED 47 YEARS,
8
74. SAKAMMA
D/O MANCHEGOWDA
AGED 48 YEARS,
75. AMITHA LOBO
D/O PHELIP LOBO
AGED 53 YEARS,
76. N S NAGARATHNA
D/O SIDDIAH
AGED 40 YEARS,
77. B S SIDDARAJU
S/O B S SHIVANNA
AGED 54 YEARS,
78. C VIJAYA
D/O M C CHANNAIAH
AGED 35 YEARS,
79. D K BORAIAH
S/O KULLAIAH
AGED 56 YEARS,
80. CHANDRASHEKARA C L
S/O LAKKEGOWDA
AGED 52YEARS,
81. M NARAYANASWAMY
S/O MAYIGAYYA
AGED 54 YEARS,
82. M K CHIKKAIAH
S/O KALAIAH
AGED ABOUT 54 YEARS,
83. K N MANJULA
D/O B K NAGARAJU
AGED 49 YEARS,
84. IRSHAD JAHAN
D/O GAHIB PEER
AGED 50 YEARS,
9
85. R RAGHAVENDRA
S/O K NAGANNA
AGED 46 YEARS,
86. B S RAJU
S/O HOMBALEGOWDA
AGED 43 YEARS,
87. K MANJULA
D/O KAPANEGOWDA
AGED 43 YEARS,
88. H R BHAGYA
D/O RAMANNA
AGED 44 YEARS,
89. SARASWATHI
D/O VENKATARATHNA P
AGED 46 YEARS,
90. S NETHRAVATHI
W/O BASAVARAJU
AGED 49YEARS,
91. G VINUTHA
D/O B L GOVINDA RAO
AGED 49 YEARS,
92. B C SUMA
D/O CHANNASHETTY
AGED 48 YEARS,
93. S H VIJAYAKUMARI
D/O HANUMASIDDAIAH
AGED 49 YEARS,
94. S LATHAMANI
D/O STEPHEN
AGED 54 YEARS,
95. C N NAGENDRA
S/O NARASHIMAMURTHY
AGED 50 YEARS,
10
96. K ANJALADEVI
W/O K N KARIYAPPA GOWDA
AGED 50 YEARS,
97. C M NANDINI
D/O MARISWAMY
AGED 39YEARS,
98. LAKKEGOWDA A T
S/O THIMMARAYA GOWDA
AGED 55 YEARS,
99. K POORNIMA
D/O KRISHNAMURTHY
AGED 41 YEARS,
100. PRABHA
W/O P PHILIP
AGED 45 YEARS,
101. R VINOD
W/O NAGEGOWDA
AGED 45 YEARS,
102. P.T. BHAGYAMMA
W/O P.T. THIMMAIAH,
AGED 43 YEARS,
103. K.G. LOKESHWARI
W/O HEMANTH KUMAR
AGED 40 YEARS,
104. D SUJATHA
W/O PARAMESH S
AGED 36 YEARS,
105. H.N PREMA
W/O NANJUNDA SHETTY
AGED 55 YEARS,
106. S.R. RATHNAMMA
W/O RAMARADHYA
AGED 54 YEARS,
11
107. B INDIRA
D/O BETTAIAH B
AGED 41 YEARS,
108. C. RAJU
S/O CHOWDAIAH
AGED ABOUT 57 YEARS,
109. M C INDU
D/O CHELUVAIAH
AGED ABOUT 44 YEARS,
110. B R MANJUNATHA
S/O RAJAPPA
AGED ABOUT 47 YEARS
111. B S NANJAPPA
S/O B L SHIVANNA
AGED ABOUT 50 YEARS,
112. S N LALITHA
D/O NANJUNDAIAH B S
AGED ABOUT 37 YEARS,
113. B UMABAI
W/O BHIMA NAIK
AGED ABOUT 43 YEARS,
114 . N LAKSHMI
D/O NANJAIAH
AGED ABOUT 50 YEARS
115. M N KUSUMA LATHA
W/O M N NANJAPPA
AGED ABOUT 49 YEARS,
116. LEELAVATHI GAA JOSHI
D/O GAJANANA JOSHI
AGED ABOUT 46 YEARS,
117. H J BORAMMA
W/O JOGI GOWDA
AGED ABOUT 55 YEARS,
12
118. KAMAKSHIBAYI
W/O K S VENKADESH RAO
AGED ABOUT 49 YEARS,
119. SHAILASHREE
D/O M R VENKATARANGAIAH
AGED ABOUT 40 YEARS,
120. SHEELA
W/O CHIKKANAGEGOWDA
AGED ABOUT 57 YEARS,
121. S S AMBADEVI
W/O S P SUKUMAR
AGED ABOUT 40 YEARS,
122. S G UMESH KUMAR
S/O GANGAREVAIAH S
AGED ABOUT 41 YEARS
123. G R RASHMI
D/O RAGHUNATHAN
AGED ABOUT 46 YEARS,
124. P BASAVARAJU
S/O PAVADI GOWDA
AGED ABOUT 52 YEARS,
125. C P SHYALAJA
D/O PUTTARAJU
AGED ABOUT 46 YEARS,
126. M P SAVITHA
D/O PANCHALINGE GOWDA
AGED ABOUT 39 YEARS,
127. G J SHRUTHI
D/O JAYARAMAIAH
AGED ABOUT 40 YEARS,
128. A R SUMALATHA
D/O E N RAMAIAH
AGED ABOUT 39 YEARS,
13
129. K B SUKANYA
D/O BEERAIAH H
AGED ABOUT 47 YEARS,
130. S SUBBEGOWDA
S/O SIDDEGOWDA C
AGED ABUT 49 YEARS,
131. ANURADHA C M
D/O MAHADEVAIAH
AGED ABOUT 51 YEARS,
132. NETHRAVATHI C K
W/O C B KRISHNAMURTHY
AGED ABOUT 38 YEARS,
133. JALAJA KUMARI
D/O VEDARATHANA
AGED 40 YEARS,
134. K M SHILPA D/O MALLU
AGED 37 YEARS,
135. D NARAYANA
S/O DASASHETTY
AGED 54 YEARS,
136. S POOJA
W/O C SURESHA,
AGED 40 YEARS,
137. GEETHA H
D/O HALAIAH
AGED 56 YEARS,
138. B R SREEDHARA
S/O B M RAJU
AGED 49 YEARS,
139. SHIVAMMA
D/O SIDDIAH
AGED 50 YEARS,
(WRONGLY MENTIONED IN THE
LIST AS SHIVAMMA A.M.)
14
140. R GOWRAMMA
W/O D B KUMARASWAMY
AGED 41 YEARS,
141. S N VIJAYA
D/O NANJARAJAIAH S B
AGED 54 YEARS,
142. G RADHA
W/O JAVAREGOWDA,
AGED 46 YEARS,
143. R PADMA
D/O S RANGANATH RAO
AGED 45 YEARS,
144. RATHNAMMA M C
D/O CHANNAIAH,
AGED 39 YEARS,
145. T M BALARAMA
S/O MARIGOWDA,
AGED 48 YEARS,
146. A L ANASUYA
D/O LINGEGOWDA,
AGED 49 YEARS,
147. K J VARADARAJU
S/O JAYEENDRA,
AGED 40 YEARS,
148. H K RAGHUNANDAN
S/O KOTAIAH,
AGED 38 YEARS,
149. H P CHAITHRA
D/O PUTTASWAMY
AGED 37 YEARS,
150. H V INDIRAMMA
D/O VENKATAPATHY GOWDA,
AGED 50 YEARS,
15
151. S M RUDRESH
S/O MALLESHAIAH S C,
AGED 48 YEARS,
152. B L MURTHY
S/O LINGEGOWDA,
AGED 52 YEARS,
153. M S DHANALAKSHMI
D/O SINGARAIAH,
AGED 40 YEARS,
154. D S SHILPASHREE
D/O SHIVALINGAIAH G
AGED 36 YEARS,
155. M SHANKARA
S/O MANCHEGOWDA,
AGED 56 YEARS,
156. B H RAGHAVENDRA
S/O HANUMANTHARAYA,
AGED 36 YEARS,
157. SAKEELAVATHI
D/O JOGIGOWDA,
AGED 36 YEARS,
158. K LATHA
W/O KUMARA
AGED 38 YEARS,
159. M L NAGALAKSHMI
W/O LAKSHMI NARASIMAIAH
AGED 55 YEARS,
160. MANGALAGOWRAMMA
D/O CHIKKAPUTTAIAH
AGED 55 YEARS,
161. AGNES ROSELIN
D/O MAHIMA DAS
AGED 54 YEARS,
16
162. M.N.VARALAKSHMI
D/O NAGAIAH
AGED 50 YEARS,
163. B K RAMAIAH
S/O KARIYAYA
AGED 55 YEARS,
164. JANAKI
W/O NINGAIAH
AGED 55 YEARS,
ALL ARE TEACHERS, EX-MEMBERS
THE GOVERNMENT PRIMARY SCHOOL,
TEACHERS CREDIT CO-OPERATIVE
SOCIETY LIMITED, MANDYA,
MANDYA DISTRICT-571401.
...PETITIONERS
(BY SRI N R KRISHNAPPA, ADV.)
AND:
1. THE ELECTION OFFICER CUM
THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, MYSURU REGION,
PUBLIC OFFICES BUILDING,
NEW SAYAJJI RAO ROAD,
MYSURU-570008.
2. THE RETURNING OFFICER
THE GOVERNMENT PRIMARY SCHOOL,
TEACHERS CREDIT CO-OPERATIVE
SOCIETY LIMITED, MANDYA,
MANDYA DISTRICT-571401.
3. THE GOVERNMENT PRIMARY SCHOOL
TEACHERS CREDIT CO-OPERATIVE
SOCIETY LIMITED,
NEAR CARMEL CONVENT ROAD,
MANDYA, MANDYA TALUK
AND DISTICT: PIN:571401
BY ITS SECRETARY,
(REGISTERED UNDER CO-OP. SOCIETIES ACT).
17
4. THE COMMISSIONER
CO-OPERATIVE ELECTION COMMISSION
B.M.T.C. BUILDING,
SHANTHINAGAR,
BENGALURU-560027.
...RESPONDENTS
(BY SMT. H.C. KAVITHA., HCGP FOR R-1 AND R-2
R3 IS SERVED
NOTICE TO R4 IS DISPENSED WITH V/O DT:20/09/2022)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO direct the R1
TO 3 TO PERMIT THE PETITIONERS TO CAST THEIR VOTES
IN THE ELECTIONS DATED 04.09.2022, CONDUCTING BY
RESPONDENT NO.2 TO THE RESPONDENT NO.3 SOCIETY IN
PURSUANCE OF CALENDER OF EVENTS DATED 17.08.2022,
COPY OF THE SAME IS PRODUCED AT ANNEXURE-D, BY
IMPOSING ANY CONDITIONS.
THIS W.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In this petition, the petitioners have sought for the following reliefs:
(i) To issue writ of mandamus directing the respondents No.1 to 3 to permit the petitioners to cast their votes in the elections dated 04.09.2022, conducted by respondent No.2 to the respondent No.3/Society in pursuance of calendar of events dated 17.08.2022, copy of the same is produced at Annexure-D, by imposing any conditions in the interest of justice.18
(ii) To grant such other reliefs as deemed fit by this Hon'ble Court under the facts and circumstances of the case in the interest of justice.
2. Heard learned counsel for the petitioners, learned HCGP for respondent Nos.1 and 2 and perused the material on record.
3. On 26.08.2022, this Court passed the following order:
"Learned AGA accepts notice for respondent Nos.1 and 2.
Copies to be served.
Issue emergent notice to respondent Nos.3 and 4 returnable by 20.09.2022.
Meanwhile, by way of interim order, the petitioners are permitted to cast their vote in the ensuing election scheduled to be held/conducted on 04.09.2022.
It is made clear that the permission granted in favour of the petitioners to vote in the ensuing election scheduled to be held/conducted on 04.09.2022 will be without prejudice to the rights and contentions of the 19 parties and that the same would be subject to the final out come of the petition and the petitioners shall not claim any equity in this regard.
It is further directed that the respondents shall not announce the result of the election without leave of the Court.
4. Learned counsel for the petitioners and learned HCGP jointly submits that in the light of the judgment of this Court in the case of H.S. Raju and others Vs. State of Karnataka - W.P.No.8502/2022 C/W W.P.No.8477/2022 dated 07.06.2022. It is therefore submitted that even the present petition deserves to be disposed of in terms of the said petition.
5. A perusal of the material on record and the aforesaid judgment of this Court in the case of H.S. Raju's case (supra) will indicate that after directing the respondents to announce the results, this Court has disposed of the petition reserving liberty in favour of the parties to take recourse to 20 such remedies as available in law including the remedy under Section 70(2) of the Karnataka Co- operative Societies Act, 1959, if they are aggrieved by the results.
6. In view of the aforesaid judgment of this Court in H.S. Raju's case (supra), I am of the considered opinion that even the present petition deserves to be disposed of in terms of the said judgment.
7. In the result, I pass the following:
ORDER
(i) The petition is disposed of in terms of the order passed in H.S. Raju and others Vs. State of Karnataka - W.P.No.8502/2022 C/W W.P.No.8477/2022 dated 07.06.2022.
(ii) The concerned respondents are directed to announce the results of the aforesaid election forthwith, including the votes cast by the 21 petitioners, if not already announced as on today, as expeditiously as possible.
(iii) Liberty is reserved in favour of the parties to take recourse to such remedies as available in law including raising a dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.
(iv) It is made clear that all rival contentions between the parties are kept open and no opinion is expressed on the same and this order is made without prejudice to the rights and contentions of all the parties.
Sd/-
JUDGE mpk/-* CT-bms