Karnataka High Court
K.R Sudhakar Reddy vs The State Of Karnataka on 14 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:10684
WP No. 4436 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.4436 OF 2025 (CS-EL/M)
BETWEEN:
1. B V BYRAREDDY
S/O R. VENKATARAYAPPA
AGE:55
VILLAGE BESTARAPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR-561 207
SHARE NO.5197
2. VENKATARAMANAPPA
S/O VENKATARAYAPPA
AGE 72
VILLAGE DODDIVARIPALLI
POST SOMANATHAPURA
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207.
Digitally signed SHARE NO. 3695
by SHWETHA
RAGHAVENDRA
Location: HIGH 3. VENKATARAVANAPPA
COURT OF S/O VENKATARAMANNA
KARNATAKA
AGE 65
VILLAGE DODDIVARIPALLI
POST SOMANATHAPURA
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207.
SHARE NO 3728
4. VENKATAREDDY. D
S/O OBULAREDDY
AGE 58
VILLAGE DODDIVARIPALLI
-2-
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WP No. 4436 of 2025
POST SOMANATHAPURA
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 3985
5. LAKSHMIDEVAMMA
VENKATARAVANAPPA
AGE 62
VILLAGE DUGGINAYAKANAPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO.4421
6. NAGARAJU. K. V
S/O VENKATARAVANAPPA
AGE 67
VILLAGE JANGALAPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 3796
7. JAYALAKSHMAMMA
S/O NAGARAJ
AGE 62
VILLAGE JANGALAPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 4373
8. BEERAPPA
S/O NAGAPPA
AGE 66
VILLAGE KADIRANNAGARIKOTE
POST CHAKAVELU
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 887
9. BAVASAB
S/O R. MAHABUB SAB
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WP No. 4436 of 2025
AGE 59
VILLAGE NAREMADDEPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 4922
10. SHAMEER BASHA. H
S/O CHIKKAHUSEN SABI
AGE 65
VILLAGE RASCHERVU
POST RASCHERVU
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 1070
11. BAYAPPA K B
S/O BAYYAPPA
AGE 70
VILLAGE KURUBAVANDIAPALLI
POST CHAKAVELU
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 344
12. SUBBIREDDY
S/O SUBBANNA
AGE 55
VILLAGE DORANALAPALLI
POST CHAKAVELU
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 5677
13. CHOUDAMMA
S/O VENKATARAMAPPA
AGE 64
VILLAGE SHIVAPURA
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 4107
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WP No. 4436 of 2025
14. RAVANAREDDY
S/O NAGIREDDY
AGE 64
VILLAGE INDUKUROLLAPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO 4469
15. GANGULAPPA
S/O VENKATARAMAPPA
AGE 62
VILLAGE INDUKUROLLAPALLI
POST NAREMADDEPALLI
TALUK BAGEPALLI
DISTRICT CHIKBALLAPUR - 561 207
SHARE NO.4495
...PETITIONERS
(BY SRI. ARUN KUMAR .Y.H, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
MS BUILDING, BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE -ELECTION AUTHORITY
3RD FLOOR, TTMC A BLOCK, K.H.ROAD
SHANTHINAGAR, BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
3. PRIMARY CO OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.
BAGEPALLI TALUK
REPRESENTED BY ITS CEO
A SOCIETY REGISTERED UNDER
KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959.
BAGEPALLI-563 124.
4. THE RETURNING OFFICER
PRIMARY CO OPERATIVE AGRICULTURAL
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WP No. 4436 of 2025
AND RURAL DEVELOPMENT BANK LTD.
BAGEPALLI TALUK
CHIKKABALLAPURA-563 124.
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. RAKSHITH KUMAR, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONER
IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C
CONSEQUENTIALLY, PERMIT THE PETITIONER TO CAST THEIR
VOTES IN THE UPCOMING ELECTIONS TO RESPONDENT NO. 3
SOCIETY WHICH IS SCHEDULED TO BE HELD ON 16.02.2025
IN SO FAR AS THESE PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. This matter is de-linked from main cases.
2. 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 -6- NC: 2025:KHC:10684 WP No. 4436 of 2025 and that the votes cast by the petitioners shall be kept in separate ballot boxes.
3. 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 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.
4. 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. 1 W.P.No.8502/2022 dated 7.6.2022 -7- NC: 2025:KHC:10684 WP No. 4436 of 2025
5. In that view of the matter, I pass the following:
ORDER
i) The Writ Petition is 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.
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 -8- NC: 2025:KHC:10684 WP No. 4436 of 2025 disposal of the dispute if any raised within the time frame prescribed.
SD/-
(SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 88