Karnataka High Court
Manjunatha B T vs The State Of Karnataka on 3 April, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 35245 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 35245 OF 2024 (CS-EL/M)
BETWEEN:
1. MANJUNATHA B T
S/O THAMMYYA GOWDA
AGED ABOUT 55 YEARS
BYARALI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200900
2. NAGAMMA
W/O APPANNA GOWDA
AGED ABOUT 88 YEARS
BYARALI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200344
Digitally signed 3. JAGADISH B
by SHWETHA
RAGHAVENDRA S/O MARIYAPPA GOWDA
Location: HIGH AGED ABOUT 52 YEARS
COURT OF
KARNATAKA BYARALI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201111
4. KRISHNAMURTHY K A
S/O ANANTH JOYES
AGED ABOUT 59 YEARS
KOGODU, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200401
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5. SHESHPPA GOWDA A B
S/O BULLAYYA GOWDA
AGED ABOUT 75 YEARS,
AJJANAHALLI, KADTHUR POST
THIRTHAHALLI TQ SHIVAMOGGA -577432
SHARE NO.2200430
6. YOGAPPA A G
S/O GOPAL GOWDA
AGED ABOUT 78 YEARS,
AJJANAHALLI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO. 2200506
7. PUNDARIKA A S
S/O SHESHGIRI RAO
AGED ABOUT 60 YEARS,
AJJANAHALLI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200808
8. GUNDAYYA GOWDA
S/O PUTTAYYA GOWDA GOWDA
AGED ABOUT 85 YEARS,
HASANGI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200056
9. ANNAPPA GOWDA
S/O SOMANNA GOWDA
AGED ABOUT 80 YEARS,
HASANGI ,KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200046
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10. GOPAMMA
W/O MARIYAPPA GOWDA
AGED ABOUT 82 YEARS,
HADSE, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200977
11. YASHODHA
W/O DUGGAPPA GOWDA
AGED ABOUT 62 YEARS,
HADSE, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201107
12. BADIYAMMA
W/O DEVAPPA GOWDA
AGED ABOUT 90 YEARS,
HORNEBYLE, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200493
13. SHUSHELAMMA
W/O VENKAPPA
AGED ABOUT 65 YEARS,
AREHALLI, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200289
14. SUNDRESH K GOWDA
S/O KRISHNAPPA GOWDA AREHALLI
AGED ABOUT 40 YEARS,
AREHALLI, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201078
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15. KADAPPA GOWDA
S /O PUTTAPPA GOWDA
AGED ABOUT 78 YEARS,
SURULI BYLE, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201123
16. VAPAPPA
S /O RAMANAYKA
AGED ABOUT 58 YEARS,
SURULI BYLE, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201137
17. SHRIENIVAS GOWDA
S /O GIDDAYYA GOWDA
AGED ABOUT 57 YEARS,
HADALUKOPPA, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200417
18. SURESHA H K
S /O KUMAR JOGI
AGED ABOUT 55 YEARS,
HADLUKOPPA, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201231
19. PARMESHVAR BHAT
S /O ANANATH BHAT
AGED ABOUT 90 YEARS,
KAMMARDI, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200127
-5-
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20. SUNDRESH K S
S /O SHIVARAM BHAT
AGED ABOUT 65 YEARS,
KAMMARDI, KAMMARDI POST
THIRTHAHALLI TQ SHIVAMOGGA -577432
SHARE NO.2200497
21. NAGARATHNA K P
W /O PRABHAKAR JOYES
AGED ABOUT 80 YEARS,
KAMMARDI, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200571
22. NAGRAJ G M
S /O MANJUNATH SOMAYAJI G
AGED ABOUT 62 YEARS,
HANDIGODU, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200517
23. SHREERAM G M
S /O MANJUNATH SOMAYAJI
AGED ABOUT 58 YEARS,
HANDIGODU, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200602
24. GOVINDA NAYKA
S /O KEMPA NAYKA
AGED ABOUT 65 YEARS,
PADBYLE, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200096
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25. ANANTHA NAYKA P C
S /O CHINNANAYKA
AGED ABOUT 68 YEARS,
PADBYLE, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200354
26. VISHVANATH S ADIGA
S /O SHREENIVAS ADIGA
AGED ABOUT 48 YEARS,
BAGODU, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200187
27. ANNPPA NAYKA K S
S /O SEENA NAYKA
AGED ABOUT 52 YEARS,
KAMPAGODU, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200257
28. RAMMANNA GOWDA
S/O KUMARA GOWDA
AGED ABOUT 88 YEARS,
ARAMANE GADDE, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200019
29. MANJUNATH SOMAYYAJI G
S /O GANAPATHI SOMAYYAJI
AGED ABOUT 90 YEARS,
HANDIGODU, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200351
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30. SATHYANARAYANA H.G,
S /O GANESHAYYA
AGED ABOUT 60 YEARS,
HANDIGODU, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200196
31. ANUSUYAMMA
W /O MANJUNATH
AGED ABOUT 57 YEARS,
NADUBURU, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200224
32. CHUDAPPA H M
S /O MARIYAPPA GOWDA
AGED ABOUT 68 YEARS,
HADLUKOPPA, MALALURU POST
THIRTHAHALLI TQ SHIVAMOGGA -577432
SHARE NO.2200469
33. VARADAMMA
W /O RAMAKRISHNAYYA
AGED ABOUT 68 YEARS,
BAGODU, MALALURU POST
THIRTHAHALLI TQ SHIVAMOGGA -577432
SHARE NO.2200069
34. RATHNAMMA
W /O KRISHNAPPA GOWDA
AGED ABOUT 72 YEARS,
HADSE, KADTHUR POST
THIRTHAHALLI TQ SHIVAMOGGA -577432
SHARE NO.2201167
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35. GURURAJ K S
S /O SHIVARAM BAHT RAMANAKOPPA
AGED ABOUT 62 YEARS,
RAMANAKOPPA, KAMMARDI POST
THIRTHAHALLI TQ SHIVAMOGGA -577432
SHARE NO.2201073
36. SHAKRAPPA P S
S /O SEENAPPA NAYKA
AGED ABOUT 58 YEARS,
PADABYLE, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201174
37. ASHOKA A S
S /O SHESHAPPA GOWDA
AGED ABOUT 43 YEARS,
AJJANAHALLI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200529
38. BASAVARAJ A O
S /O OBAYYA NAYKA
AGED ABOUT 54 YEARS,
AJJANAHALLI, MALALURU POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201213
39. SHREE HARSHA
S /O LAKSHMI NARAYANA
AGED ABOUT 42 YEARS,
KELAKAMMARDI, KAMMARDI POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2201214
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40. VENKATESH H L
S /O LINGAPPA GOWDA
AGED ABOUT 62 YEARS,
HASANGI, KADTHUR POST
THIRTHAHALLI TQ, SHIVAMOGGA -577432
SHARE NO.2200190
41. MANJUNATH B G
S/O GUNDAYYA GOWDA B T
AGED ABOUT 50 YEARS
BYARALIKADTHUR POST
THIRTHAHALI TQ, SHIVAMOGGA 577432
SHARE NO. 2201154
42. KAMALA BHAT
W/O. LAKSHMINARAYANA BHAT,
AGED ABOUT 66 YEARS,
KELAKAMMARADI,
THIRTHAHALLI TALUK,
SHIVAMOGGA-577 432.
SHARE NO. 2201125.
...PETITIONERS
(BY SRI. GIREESHA KODGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI
BENGALURU-01,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. A BLOCK,
SHANTHI NAGAR, BANGALORE-27,
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WP No. 35245 of 2024
REPRESENTED BY ITS SECRETARY.
3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
DISTRICT ELECTION OFFICER,
OFF NEAR ZILLAPANCHAYATH,
OPP FIRE STATION,
K.M.ROAD, JYOTHINAGARA
CHICKMAGALURU- 577 102.
4. RETURNING OFFICER APPOINTED FOR
PRATHAMIKA KRUSHI PATHINA SAHAKARA
SANGHA NIYAMITHA, KADTHURU,
THIRTHAHALLITQ,
SHIMOGGA DISTRICT - 577 432.
(REGISTERED UNDER THE KARNATAKA
COOPERATIVE SOCIETIES ACT-1959)
5. PRATHAMIKA KRUSHI PATHINA
SAHAKARA SANGHA NIYAMITHA,
KADTHURU, THIRTHAHALLITQ,
SHIMOGGA DISTRICT-577432,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
(REGISTERED UNDER THE KARNATAKA
COOPERATIVE SOCIETIES ACT-1959)
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1;
R2, R3, R4 AND R5 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 F THE
CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO 5
TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE
VOTERS LIST FOR THE YEAR 2024-25 AS PER ANNX-B AND
PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE
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ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD
ON 29.12.2024 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.
2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy 1 W.P.No.8502/2022 dated 7.6.2022
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NC: 2025:KHC:14532 WP No. 35245 of 2024 any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.
3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.
4. In that view of the matter, I pass the following:
ORDER
i) The Writ Petitions are disposed of.
ii) The Returning Officer in the above matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter.
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iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues.
iv) The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.
SD/-
(SURAJ GOVINDARAJ) JUDGE SS List No.: 1 Sl No.: 59 CT: BHK