Karnataka High Court
H. Kenchappa S/O Sunkanna vs The State Of Karnataka on 5 April, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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WP No. 147623 of 2020
C/W WP No. 148078 of 2020
WP No. 148844 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 05TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 147623 OF 2020 (CS-EL/M)
C/W WRIT PETITION NO. 148078 OF 2020,
WRIT PETITION NO. 148844 OF 2020.
IN WP.NO.147623/2020
BETWEEN:
1. H. KENCHAPPA S/O SUNKANNA
AGE: 39 YEARS, OCC: SOCIAL WORKER,
R/O: S.C. COLONY, SOURABAMUDRA,
BALLARI, KUNDGOD TALUK.
2. K. BABU S/O LATE K. ERANNA
AGE: 44 YEARS, OCC: SOCIAL WORKER,
R/O: WARD NO.22,
NEAR SRI RAMA TEMPLE,
TALUR ROAD, BALLARI.
3. T. PAMPAPATHI S/O THIMAPPA
AGE: 52 YEARS, OCC: AGRICULTURIST,
R/O: KUDITINI VILLAGE,
BALLARI TALUK AND DISTRICT.
4. LAKSHMANA S/O SHIVAMURTHY
AGE: 31 YEARS, OCC: PRESS REPORTER,
R/O: AMBEDKAR NAGAR,
II CROSS, TALUR ROAD, BALLARI.
J 5. Y. ARUNACHALAM S/O LAKSHMANA
MAMATHA
AGE: 34 YEARS, OCC: ADVOCATE,
Digitally signed
by J MAMATHA
Location:
Dharwad
Date: 2022.04.11
10:53:38 +0530
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WP No. 147623 of 2020
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WP No. 148844 of 2020
R/O: ADARSHA COLONY,
CANTONMENT, BALLARI.
6. B.K. MALLIKARJUNA
AGE: 37 YEARS, OCC: CONTRACTOR,
R/O: NO.87, MIG-II AND III,
LINK ROAD, KUVEMPU NAGAR,
BALLARI.
7. M. SOMASHEKHAR S/O MAREPPA
AGE: 52 YEARS, OCC: SOCIAL WORKER,
R/O: MAHANADI KOTTAM,
BALLARI.
8. B.S. GANGADHARA S/O SHANKARAPPA
AGE: 48 YEARS, OCC: FLOUR MILL,
R/O: WARD NO.31, 7TH CROSS,
SATHYAVANI NAGAR,
KOLGAL ROAD, BALLARI.
9. S. MALLINATH S/O K. SHIVANNA
AGE: 38 YEARS, OCC: SOCIAL WORKER,
R/O: MAHANADI KOTTAM,
NEAR SHRI RAM DEVASTHANA,
BALLARI.
10. K. PRUTHVIRAJ S/O K. LINGAPPA
AGE: 42 YEARS, OCC: SOCIAL WORKER,
R/O: BHAGATSINGH NAGAR,
RAJEEVGANDHI MARG,
TALUR ROAD, BALLARI.
...PETITIONERS
(BY SRI JAYAKUMAR S.PATIL, SENIOR COUNSEL FOR
SMT. SUNITHA P. KALASOOR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
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C/W WP No. 148078 of 2020
WP No. 148844 of 2020
DEPARTMENT OF REGISTRATION,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE DEPUTY REGISTRAR OF SOCIETIES
BALLARI DISTRICT,
JANATA BAZAR BUILDING,
STATION ROAD, BALLARI-583101.
3. BALLARI DISTRICT DR.B.R. AMBEDKAR SANGHA
SITUATED AT DOUBLE ROAD,
NEAR OLD KSRTC BUS STAND,
BALLARI-583101,
REPRESENTED BY ITS SECRETARY,
SRI S. CHIDANANDA.
4. BALLARI DISTRICT DR.B.R. AMBEDKAR SANGHA,
SITUATED AT DOUBLE ROAD,
NEAR OLD KSRTC BUS STAND,
BALLARI-583101,
REPRESENTED BY ITS PRESIDENT.
5. SRI K. VEERABASAPPA S/O MAREMMA
AGED ABOUT: 65 YEARS,
HONARARY PRESIDENT OF THE
DR.B.R. AMBEDKAR ASSOCIATION,
R/O: DOOR NO.141, WARD NO.31,
INDIRA NAGAR, BALLARI-583101.
6. SHRI.K. VENKATESH S/O LATE VEERANNA
AGED ABOUT: 49 YEARS,
R/O: 3RD CROSS, VIDYANAGAR,
BALLARI-583101.
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP FOR RESP. NOS.1 AND 2)
(BY SRI K.L.PATIL, ADVOCATE FOR RESP. NOS.5 AND 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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C/W WP No. 148078 of 2020
WP No. 148844 of 2020
ISSUE A WRIT OR ORDER OR A DIRECTION IN THE NATURE OF
WRIT OF MANDAMUS TO THE RESPONDENT NO.2 NOT TO
ALLOW THE RESPONDENT NOS.5 AND 6 TO PARTICIPATE IN
THE ELECTIONS TILL THE ORDER OF REMOVAL OF THEIR
MEMBERSHIP DATED 10.07.2020 PRODUCED AS ANNEXURES-F
AND F1 AND THE CRIMINAL COMPLAINT AT CRIME NO.68/2020
PRODUCED AS ANNEXURE-H ARE IN FORCE AND ISSUE A WRIT
OR ORDER OR A DIRECTION IN THE NATURE OF WRIT OF
MANDAMUS TO THE RESPONDENT NO.2 TO ALLOW THE
PETITIONERS TO PARTICIPATE IN THE ELECTIONS TO BE HELD
BY THE RESPONDENT NO.2 AS PER THE DIRECTIONS OF THIS
COURT IN WP.NO.147059/2020 PRODUCED AS ANNEXURE-C.
IN WP.NO.148078/2020
BETWEEN
01. H. KENCHAPPA S/O SUNKANNA
R/O. SC COLONY SOURABAMUDRA,
BALLARI, KUNDGOD TALUK, 583101
(MEMBERSHIP NO. 45)
02. K BABU S/O LATE K. ERANNA
R/O WARD NO.22
NEAR SRI RAMA TEMPLE
TALURROAD, BALLARI, 583101
(MEMBERSHIP NO. 46)
03. T. PAMPAPATHI S/O.THIMMAPPA
R/O KUDITINI VILLAGE
BALLARITALUK AND DISTRICT. 583101
(MEMBERSHIP NO. 47)
04. LAKSHMANA S/O SHIVAMURTHY
R/O AMBEDKAR NAGAR
II CROSS, TALUR ROAD, BALLARI, 583101
(MEMBERSHIP NO. 48)
05. Y. ARUNACHALAM S/O LAKSHMANA
R/O ADARSHNA COLONY.
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CANTONMENT, BELLARY, 583101.
(MEMBERSHIP NO. 49)
06. B.K MALLIKARJUNA
R/O NO. 87, MIG-II &III, LINK ROAD,
KUVEMPUNAGAR, BALLARI, 583101
(MEMBERSHIP NO. 50)
07. M. SOMASHEKAR S/O. MAREPPA,
R/O MAHANANDIKOTTAM, BALLARI, 583101.
(MEMBERSHIP NO. 51)
08. B.S GANGADHARA S/O SHANKARAPPA
R/O. WARD NO. 31, 7TH CROSS,
SATYAVANINAGAR, KOLAGALROAD,
BALLARI-583101. (MEMBERSHIP NO. 52).
09. K. MALLINATH S/O K. SHIVANNA
R/O MAHANANDIKOTTAM,
NEAR SHRI RAM DEVASTHANA,
BALLARI, 583101 (MEMBERSHIP NO. 53)
10. K. PRUTHVIRAJS/O K. LINGAPPA
R/O BHAGATSINGH NAGAR
RAJEEVGANDHIMARG
TALURROAD, BALLARI, 583101
(MEMBERSHIP NO. 54)
11. B. SHEKANNAS/O EERAPPA,
R/O WARD NO. 31, NEAR AMBEDKAR SCHOOL,
INDIRA NAGAR, 5TH CROSS,
KOLAGALROAD, BALLARI, 583101,
(MEMBERSHIP NO. 55)
12. H. SANNATAYANNA S/O GAMANNA
WARD NO. 31, NEAR AMBEDKAR SCHOOL
INDIRA NAGAR, 3RD CROSS
KOLAGALROAD, BALLARI, 583101
(MEMBERSHIP NO. 56)
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13 SHAMSHALAPPA S/O LAALEPPA
R/O HOUSE NO. MDC24, KHB COLONY
MOKAROAD, GANDHI NAGAR, BALLARI, 583101
(MEMBERSHIP NO. 57)
14 K.C NAGARAJ S/O K. EERANNA
R/O #173 2 LINK ROAD, PARVATHI NAGAR
BALLARI, 583101 (MEMBERSHIP NO. 58)
15 K. KUMARASWAMY S/O K. MALLAYYA
R/O H. NO. 9, SHRI SAI NILAYA, 1ST CROSS
VGDCOLONY, SHASTRI NAGAR,
BALLARI, 583101, (MEMBERSHIP NO. 59).
16 M. CHINNAMARENNA S/O MALLAYYA
R/O H. NO. 28, POOJITHANILAYA
VIDYANAGAR 3RD CROSS EAST, NEAR OPD
CANTONMENT BALLARI, 583101
(MEMBERSHIP NO. 60)
17 H. DEVENDRAPPA S/O LATE. MALLAYYA
R/O MIG II/19 VIANNEY SCHOOL ROAD
KHBCOLONY, NETAJI NAGAR,BALLARI, 583101
(MEMBERSHIP NO. 61)
18 KANDAKURURAMUDU
R/O #0205/B WARD NO. 16,
MAHANAGARPALIKE HOUSES,
BEHIND PANDURANGA TEMPLE,
SHRI RAMPURA COLONY, BALLARI, 583101
(MEMBERSHIP NO. 62)
19 D. VIJAYA KUMAR S/O DHARMAPPA
R/O WARD NO. 35, KURIHATTI,
1ST CROSS, NEAR SIRUGUPPA ROAD,
MSLD SCHOOL, BALLARI, 583101,
(MEMBERSHIP NO. 63)
20 K. VENKATESH HEGADE S/O KENCHAMMA
R/O 7TH WARD, NEAR GOVT. HIGH SCHOOL
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BAPUJINAGAR, BALLARI, 583101
(MEMBERSHIP NO. 64)
21 DR.Y. GANGADHARA S/O YALLAPPA G
R/O PLOT NO. 75, OM SRI MATRU KRUPA NILAYA,
NEAR CHAITANYA COLLEGE,
GANDHI NAGAR, BALLARI, 583101.
(MEMBERSHIP NO. 66)
22 RANGASWAMY.K S/O H. KARIERAPPA
R/O NEW YERIGUDI VILLAGE, BALLARI, 583101,
(MEMBERSHIP NO. 67)
23 R. SHIVASHANKAR S/O RAMAJINAPPA
R/O NEW YERIGUDIVILLAGE, BALLARI, 583101
(MEMBERSHIP NO. 68)
24 K. MURALI MOHAN S/O H. MAREPPA
R/O WARD NO. 12, SC COLONY,
TEKKALAKOTE, SIRUGUPPA TALUK
BALLARI, 583101
(MEMBERSHIP NO. 69)
25 PRABHAKAR S.T S/O. H. SANNATAYANNA
R/O WARD NO. 31, NEAR AMBEDKAR SCHOOL,
3RD CROSS, INDIRA NAGAR, BALLARI, 583101
(MEMBERSHIP NO. 70)
26 ARJUNA H. S/O SOMAPPA
R/O WARD NO. 7, H. NO. 35 RK MILL ROAD
BAPUJINAGAR, BALLARI, 583101
(MEMBERSHIP NO. 71)
27 H. ERANNA S/O. BANNEPPA
R/O KUREHATTI 2ND CROSS,
SIRUGUPPAROAD, BALLARI, 583101
(MEMBERSHIP NO. 72)
28 MALLIKARJUNAH S/O H. MUDUKAPPA
R/O WARD NO. 31, 8TH CROSS,
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INDIRA NAGAR, KOLAGALROAD,
BALLARI, 583101, (MEMBERSHIP NO. 73)
29 A.K SATYANARAYANA S/O MASTANAPPA
R/O INGALIGIGRAMA, GADIGANURU
HOSAPETETALUK, BALLARI, 583101
(MEMBERSHIP NO. 74)
30 B. SHANKAR S/O HULUGAPPA
R/O WARD. NO. 29, CNC COLONY
NEAR HASHMI MASJID, BELAGAL ROAD
BALLARI, 583101, (MEMBERSHIP NO. 75)
31 T. ANAND S/O LATE. THIPPANNA
R/O WARD NO. 28, DOOR NO. 69
OTTAPPAKERI, COWL BAZAAR
BALLARI, 583101 (MEMBERSHIP NO. 76)
32 NARAYANA SWAMY S/O RAMANJENEYULU
R/O GHORPADE NAGAR, 2ND MAIN ROAD,
6TH CROSS, TORANAGALLU, SANDUR TALUK,
BALLARI, 583101, (MEMBERSHIP NO. 77)
33 Y. ASHOK KUMAR S/O YERRISWAMY
R/O WARD NO. 1, NEAR GOVINDAPPA
KALYANAMANTAPA, TALUR ROAD,
BALLARI, 583101 (MEMBERSHIP NO. 78)
34 S. RAGHAVENDRA S/O S. CHENNABASAPPA
R/O HO. 89, RAJESHWARI NAGAR,
WARD. 31, BEHIND KMF,
M.K. NAGAR, BALLARI, 583101
(MEMBERSHIP NO. 79)
35 MUKKANNAS/O MAREPPA
R/O VISHWANATH PURA,
18TH WARD, INDIRA NAGAR,
3RD CROSS, BALLARI, 583101
(MEMBERSHIP NO. 80)
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36 DINESH KUMSR S.P S/O S. PRASAD
R/O PLT NO. 4, SURYA NIVASA,
NEHARU COLONY, 4TH CROSS,
BALLARI, 583101 (MEMBERSHIP NO. 81)
37 R. VIJAYA KUMAR S/O LATE. H RAMAPPA
R/O DOOR. NO.2, N.K. NAGAR,
K.M.F. MAIN ROAD, BALLARI, 583101
(MEMBERSHIP NO. 82)
38 G.K. RAMAKRISHNA S/O B. ESHAPPA
R/O NEAR KAARKANKUNTE MASJID,
DEVI NAGAR, H. NO 287, WARD NO. 33
BALLARI, 583101 (MEMBERSHIP NO. 83)
39 PAVAN KALYAN .M S/O MADALETTI SWAMY
R/O KAARKAN MASJID, SHIVALINGA NAGAR ROAD,
DEVI NAGAR, BALLARI, 583101,
(MEMBERSHIP NO. 84)
40 K. RAMESH S/O EERANNA
R/O NEW YERIGUDI VILLAGE,
BALLARITALUK, BALLARI DISTRICT, 583101
(MEMBERSHIP NO. 85)
41 P. RAJA S/O HONNURAPPA .P
R/O WARD NO. 1, TALUR ROAD,
RENUKA NAGAR, 12TH CROSS, NEAR
GOVINDAPPAKALYANAMANTAPA,
BALLARI, 583101 (MEMBERSHIP NO. 86)
42 H. HULUGAPPAS/O HANUMATHAPPA
R/O NO. 40, HARIJANA KERI,
B. BELAGAL, BALLARI DISTRICT, 583101
(MEMBERSHIP NO. 87)
43 BHUPATI.N S/O NAGAPPATALAVAR
R/O H.NO 54, WARD NO. 3, AMBEDKAR NAGAR,
SANGANAKALLU VILLAGE,
BALLARI DISTRICT, 583101 (MEMBERSHIP NO. 88)
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44 H. DHANAPPAS/O BOSAPPA
R/O WARD NO. 31, NEAR KMF
MK NAGAR, BALLARI, 583101
(MEMBERSHIP NO. 89)
45 K.V. CHANDRASHEKAR S/O VAALIRAPA
R/O 4TH CROSS, NEAR YASHODA BAI HOUSE
INDIRA NAGAR, BALLARI, 583101
(MEMBERSHIP NO. 90)
46 K. GADILINGAIAHS/O MALLAPPA .K.,
R/O H.NO 349, 4TH MAIN ROAD
MALLAPPACOMPOUND, PARVATHI NAGAR
BALLARI, 583101 (MEMBERSHIP NO. 91)
47 H.S. GADILINGAPPA S/O LATE. SHIVARAMAPPA
R/O H.NO 33, SHIVALINGA NAGAR
NEAR EESHWAR TEMPLE,
BALLARI, 583101 (MEMBERSHIP NO. 92)
48 H. ERANNAS/O GANGAPPA
R/O 16TH WARD, VISHWANATHPURA COLONY
1ST MAIN, BALLARI, 583101
(MEMBERSHIP NO. 93)
49 H. THIPPANNAS/O HANUMANTAPPA
R/O E.W.S 232, NETAJI NAGAR, KHB COLONY
BALLARI, 583101
(MEMBERSHIP NO. 94)
50 DR.B. GOVINDARAJULUS/O LATE. BASAPPA
R/O PRINCIPAL ASM PU COLLEGE FOR WOMEN
GANDHI NAGAR, BALLARI, 583101
(MEMBERSHIP NO. 97)
51 H. VENKATESULUS/O H, VEERANNA
R/O MAHANANDIKOTTAM, TALUR ROAD
WARD NO. 22, NEAR SRI RAMA TEMPLE,
BALLARI, 583101 (MEMBERSHIP NO. 98)
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52 S.T SRIKANTH S/O H. SANNATAYANNA
R/O WARD NO. 31, NEAR AMBEDKAR SCHOOL
INDIRA NAGAR, 3RD CROSS, KOLAGAL ROAD
BALLARI, 583101,(MEMBERSHIP NO. 99)
53 H. GOVINDAPPAS/O H. HULUGAPPA
R/O DR.B.R AMBEDKAR COLONY,
KUDITINIPOST, BALLARI TALUK,
BALLARIDISTRICT, 583101
(MEMBERSHIP NO. 100)
54 H. SRINIVASULUS/O CHIDANANDAPPA
R/O MAHANANDIKOTTAM, TALUR ROAD
WARD NO. 22, NEAR SRI RAMA TEMPLE
BALLARI, 583101 (MEMBERSHIP NO. 101)
55 DR.SURESH BABU S/O A.K KALLAPPA
R/O KEBED COLLEGE, KAPPAGAL ROAD
BALLARI, 583101 (MEMBERSHIP NO. 102)
56 K. RANGASWAMY S/O K. EERAPPA
R/O NEAR KOLLAPURAMMA TEMPLE,
WARD NO. 2, NEW YERIGUDI VILLAGE,
BALLARI, 583101, (MEMBERSHIP NO. 103)
57 E. PAMPAPATHI S/O HANUMATAPPA
R/O 4TH CROSS, INDIRA NAGAR,
TALURROAD, BALLARI, 583101
(MEMBERSHIP NO. 104)
58 K. MAHANTESHS/O RANGASWAMY K
R/O WARD NO. 1, NEAR BALA BHARATHI SCHOOL
SRINAGAR, TALUR ROAD, BALLARI, 583101
(MEMBERSHIP NO. 105)
59 H. VEERESHS/O LATE. MALLAPPA
R/O YARIGUDI POST, BALLARI, 583101
(MEMBERSHIP NO. 106)
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60 B. R. SRINIVAS S/O RAMAYYA
R/O WARD NO. 28, D.NO 92, VATTAPPA BEEDI,
NEAR SRI RAMA TEMPLE, COWL BAZAAR
BALLARI, 583101, (MEMBERSHIP NO. 107)
61 SHEKANNA S/O HULIGEMMA
12 WARD, TEKKALAKOTE,SIRUGUPPA TALUK
BALLARI, 583101, (MEMBERSHIP NO. 108)
62 ANIL KUMAR A. M. S/O MAREPPA .A.,
WARD NO. 31, MK NAGAR,BEHINDKMF
KOLAGALROAD,BALLARI, 583101
(MEMBERSHIP NO. 109)
63 C. NINGAPPA S/O LATE. MARIYAPPA
R/O KUVEMPU NAGAR, 2ND MAIN ROAD
4TH CROSS ROAD MIG 140, BALLARI, 583101
(MEMBERSHIP NO. 110)
64 K.N. ERESH S/O K. NEELAKANTAPPA
R/O TALUR ROAD, WARD NO. 22,
NEAR SRI RAMA TEMPLE,
MAHANANDIKOTTAM, BALLARI, 583101
(MEMBERSHIP NO. 111)
65 D. SHEKSHAVALI S/O A. DURUGAYYA
R/O TALUR ROAD, WARD NO. 22
NEAR SRI RAMA TEMPLE,
MAHANANDI KOTTAM, BALLARI, 583101
(MEMBERSHIP NO. 112)
66 G. SRINIVASULU S/O SATYAMURTHY G.H
HO. 19/97 WARD. NO. 24,GADANG STREET,
COWL BAZAAR, RADIO PARK, BALLARI, 583101
(MEMBERSHIP NO. 113)
67 S.R NEELAKANTA S/O RAMAPPA
R/O WARD NO. 22. AMBEDKAR NAGAR
TALURROAD, NEAR NAGAPPAKATTE,
BALLARI, 583101 (MEMBERSHIP NO. 114)
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68 BHEEMADAS S/O GIRIYAPPA
R/O SIDDHARTH NAGAR, WARD NO. 23,
BALLARI,583101 (MEMBERSHIP NO.115)
69 H.G. SUNKAPPA S/O SIDDARAMAPPA
R/O NEW YERIGUDI VILLAGE,
BALLARI TALUK, BALLARI DISTRICT, 583101
(MEMBERSHIP NO. 116)
70 R.H LOKESH S/O R. HANUMANTAIAH
RAMANJENEYANAGAR, 1ST CROSS,
WARD NO. 29, PLOT 56, BALLARI, 583101
(MEMBERSHIP NO. 117)
71 H. MALLESHS/O HUSENAPPA
R/O H. NO. 127, WARD NO. 1,
HARISCHANDRA NAGAR, TALUR ROAD,
BALLARI, 583101 (MEMBERSHIP NO. 118)
72 A.K THIPPAYYA S/O SHIVAPPA
R/O WARD NO. 22, MAHANANDIKOTTAM
TALURROAD, AMBEDKAR NAGAR,
NEAR NAGAPPAKATTE, BALLARI, 583101
(MEMBERSHIP NO. 119)
73 HANUMESH.D S/O DEVANNA
R/O WARD NO. 7, BAPUJI NAGAR,
NEAR GOVT. HIGH SCHOOL BALLARI, 583101
(MEMBERSHIP NO. 120)
74 MALLESHI S/O ERANNA
R/O NEAR KOLLAPURAM TEMPLE,
BEESETI BEEDI, COWL BAZAAR,
WARD NO. 27, BALLARI, 583101
(MEMBERSHIP NO. 121)
75 V. GOPALA S/O VENKATESH
R/O TALUR ROAD, MN KOTTAM,
NEAR MASIDI TEMPLE, BALLARI, 583101
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(MEMBERSHIP NO. 122)
76 YAJRAY(ISRIEL) S/O SWAMYDAS
R/O MEDICAL COLLEGE CAMPUS,
PAUL PRABHAKAR, CANTONMENT,
BALLARI 583101 (MEMBERSHIP NO. 123)
77 LAKSHMAN S/O KENCHAPPA
R/O AMBEDKAR NAGAR, TALUR ROAD
WARD NO.22, NEAR NAGAPPAKATTE,
BALLARI 583101 (MEMBERSHIP NO. 124)
78 MAARENNAC S/O CHENNAPPA
R/O HARIJANA COLONY,
NEAR KOLLAPURAM TEMPLE,
NEW YERIGUDI, BALLARI DISTRICT, 583101
(MEMBERSHIP NO. 125)
79 S. MALLIKARJUNAS/O N. SIDDAPPA
R/O H.NO.26, INDIRA NAGAR,
1ST CROSS ROAD, MK NAGAR,
KOLAGAL ROAD, 583101 BALLARI
(MEMBERSHIP NO. 126)
80 SURESH H. S/O HULIGEMMA
R/O SEETARAM NAGAR, WARD NO.5,
NEAR OLD GRAMA PANCHAYAT,
SIDDMMANAHALLI VILLAGE, BALLARI, 583101
(MEMBERSHIP NO. 127)
81 B.S. KUMARASWAMY S/O SARABANNA
R/O SATYAVANI NAGAR, WARD NO. 31,
KOLAGAL ROAD, BALLARI, 583101
(MEMBERSHIP NO. 128)
82 S.B. PRABHUDEVA S/O S. PRASAD
R/O PLOT NO. 4, SURYA NIVAS,
4TH CROSS, BEHIND BASAVESHWARA NAGAR,
WARD NO. 21, GANDHI NAGAR,
BALLARI, 583101 (MEMBERSHIP NO. 130)
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83 S. B JAYAKUMAR S/O. S. PRASAD
R/O PLOT NO. 4, SURYA NIVAS,
4TH CROSS, BEHIND BASAVESHWARA NAGAR,
WARD NO. 21, GANDHI NAGAR,
BALLARI, 583101 (MEMBERSHIP NO. 131)
84 SRIDHAR M. S/O M. CHANDRAPPA,
R/O WARD NO. 22, TALUR ROAD,
MAHANANDIKOTTAM, BALLARI, 583101
(MEMBERSHIP NO. 132)
85 SIDDARAJU S/O MAREPPA
R/O INDIRANAGAR, 11TH CROSS,
KOLAGAL ROAD, WARD NO. 31,
BALLARI, 583101 (MEMBERSHIP NO. 133)
86 ULTHEPPA S/O RAMAPPA
R/O KARCHEDUGRAMA, BALLARI TALUK,
BALLARIDISTRICT, 583101
(MEMBERSHIP NO. 134)
87 SANNAKENCHAPPA S/O SUNKAMMA
R/O SOMASAMUDRA VILLAGE,
BALLARI TALUK, BALLARI DISTRICT, 583101
(MEMBERSHIP NO. 136)
88 A.K.MALLIKARJUNA, S/O ERANNA
WARD NO. 22, AMBEDKAR NAGAR,
TALUR ROAD, BALLARI 583101
(MEMBERSHIP NO. 137)
89 SHANTAPPAS/O MALLAPPA
TALURROAD, WARD NO. 22 ,
NEAR SRI RAMA TEMPLE, BALLARI, 583101
(MEMBERSHIP NO. 138)
90 J. MALLIKARJUNA S/O GADILINGAPPA
VIDYANAGAR,31 WARD, BATHRI ROAD
BALLARI, 583101 (MEMBERSHIP NO. 139)
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WP No. 147623 of 2020
C/W WP No. 148078 of 2020
WP No. 148844 of 2020
91 KTR VIJAYA KUMAR S/O RUDRAPPA
WARD NO 22, TALUR ROAD,
BALLARI 583104 (MEMBERSHIP NO. 140)
92 DHARMAVEER S/O.H.RAMAPPA
K.SUGAR POST, SIRUGUPPA TALUK
BALLARI DISTRICT (MEMBERSHIP NO.141)
93. HULUGAPPA A.K. S/O.TIPPANNA
BELAGAL POST BALLARI DISTRICT-583 101,
(MEMBERSHIP NO.142)
.....PETITIONERS
(BY SRI JAYAKUMAR S.PATIL, SENIOR COUNSEL FOR
SMT SUNITA P.KALASOOR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REGISTRATION
VIDHAN SOUDHA, BENGALURU-560 001.
2. THE DEPUTY REGISTRAR OF SOCIETIES
BALLARI DISTRICT, JANATA BAZAAR BUILDING,
STATION ROAD, BALLARI-583 101.
3. BALLARI DISTRICT DR.B.R.AMBEDKAR SANGHA,
SITUATED AT DOUBLE ROAD,
NEAR OLD KSRTC BUS STAND, BALLARI-583 101,
REPRESENTED BY IT SECRETARY.
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP FOR RESP.NOS.1 AND 2)
(BY SRI K.L.PATIL, ADVOCATE FOR RESPONDENT NOS.4 TO 9)
(NOTICE TO RESPONDENT NO.3 -SERVED AND
UNREPRESENTED)
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WP No. 148844 of 2020
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI AGAINST THE
COMMUNICATION DATED 30.09.2020 PASSED BY RESPONDENT
NO.2, PRODUCED AS PER ANNEXURE-L AND ISSUE A WRIT OR
ORDER OR A DIRECTION IN THE NATURE OF WRIT OF
MANDAMUS TO THE RESPONDENT NO.2 TO ALLOW THE
PETITIONERS TO PARTICIPATE IN THE ELECTIONS TO BE HELD
BY THE RESPONDENT NO.2 AS PER THE DIRECTIONS OF THIS
COURT IN WP.NO.147059/2020 PRODUCED AS ANNEXURE-C
IN THE INTEREST OF JUSTICE IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
IN WP.NO.148844/2020
BETWEEN
SRI. B.K. ANANTKUMAR S/O. LATE MAREPPA
AGED ABOUT 68 YEARS,
OCC. PRESIDENT OF DR. B. R. AMBEDKAR ASSOCIATION,
R/O SRI. LAXMI VENKATESHWAR KRUPA,
5TH CROSS, VIDYA NAGAR,
DIST. BALLARI-101
...PETITIONER
(BY SRI GANGADHAR J. M., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS UNDER SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BENGALURU-560001
2. THE DEPUTY REGISTRAR OF SOCIETIES
BALLARI DISTRICT, JANATA BAZAR BUILDING,
BALLARI-583101.
3. THE BALLARI DISTRICT DR.B.R.AMBEDKAR SANGHA,
SITUATED AT DOUBLE ROAD,
NEAR OLD K.S.R.T.C. BUS STAND,
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WP No. 148844 of 2020
BALLARI-583101
REP. BY ITS SECRETARY.
4. G. MALLESH,
SENIOR INSPECTOR, IN THE OFFICE OF
THE DEPUTY REGISTRAR OF SOCIETIES,
BALLARI, BALLARI DISTRICT-101.
5. T.PAMPAPATHI S/O.TIMMAPPA
R/O.KUDITINI VILLAGE,
BALLARI TALUK AND DISTRICT -583 101,
(MEMBERSHIP NO.47)
6. K.BABU S/O.LATE K.ERANNA
R/O.WARD NO.22,
NEAR SRI RAM TEMPLE,
TALUR ROAD, BALLARI-583 101,
(MEMBER SHIP NO.46)
7. B.S.GANGADHARA S/O.SHANKARAPPA
R/O.WARD NO.31, 7TH CROSS,
SATYAVANI NAGAR, KOLAGAL ROAD,
BALLARI-583 101,
(MEMBERSHIP NO.52.)
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP FOR RESP. NOS.1 & 2)
(BY SRI JAYAKUMAR S.PATIL, SENIOR COUNSEL FOR SMT.
SUNITA P.KALASOOR, ADV. FOR RESPONDENT NOS.5 TO 7)
(NOTICE TO RESPONDENT NOS.3 AND 4-SERVED AND
UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE
NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER
DATED 21.12.2020 PASSED BY 1ST RESPONDENT PRODUCED
AT ANNEXURE-A AND ISSUE APPROPRIATE WRIT, ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT NOS.1 AND 2 NOT TO INTERFERE IN THE
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WP No. 148844 of 2020
FUNCTIONING OF NEWLY ELECTED AND CONSTITUTED
GOVERNING BODY OF THE 3RD RESPONDENT SOCIETY
ANNEXURE-C.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Writ Petition No.147623/2020 is filed by 10 petitioners for a direction to the Deputy Registrar of Co- operative Societies not to permit the 5th and 6th respondents i.e., Sri K.Veerabasappa S/o.Maremma and Sri K.Venkatesh S/o.Veeranna from participating in the election till the order of removal of their membership dated 10.07.2020 and the criminal complainant in Crime No.68/2020 are in force.
2. A further prayer is made for a mandamus to direct the Deputy Registrar to allow the petitioners to participate in the elections to be held by the 2nd respondent as directed by this Court in Writ Petition No.147059/2020.
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3. This Court on 14.09.2020 granted an interim order as prayed for. The interim order was too the effect that the 5th and 6th respondents should not be allowed to participate in the elections to the 3rd respondent-Society by the Deputy Registrar.
4. Thereafter, Writ Petition No.148078/2020 was preferred by 93 petitioners challenging the notice dated 30.09.2020, by which, a general body meeting was convened in compliance of order passed in Writ Petition No.147059/2020. A further prayer was made in the writ petition to direct the Deputy Registrar to permit 93 petitioners therein to participate in the elections that were to be held to the 3rd respondent-Society as directed by this Court in Writ Petition No.147059/2020.
5. In Writ Petition No.148078/2020, on 08.10.2020, this Court granted an interim order directing the Deputy Registrar to allow the petitioners to participate in the
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WP No. 147623 of 2020 C/W WP No. 148078 of 2020 WP No. 148844 of 2020 general body meeting to the 3rd respondent-Society scheduled to be held on 08.12.2020.
6. According to the petitioners therein, despite the interim order they were not permitted to participate in the General Body and therefore they initiated contempt proceedings before this Court in C.C.C.No.100168/2020. In those contempt proceedings, the Deputy Registrar against whom the contempt was alleged filed an affidavit dated 16.12.2020 in which she has stated as follows :
"I respectfully submit that, under the above said circumstances with the tensed situation, I have considered the General Body Meeting and Election of the Society. Even during the election process also they are making noise, therefore by over sight it is not my knowledge regarding interim order passed by the Hon'ble High Court. Therefore, I have not disobeyed the order passed by this Hon'ble Court purposefully and intentionally, I have completed the election process.
Hence, I am filing an affidavit reiterated tendering of unconditional apology and I will undertaking that in further at any time with great
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respect of this Hon'ble Court, I am not disobeying the orders passed by this Hon'ble High Court and subordinate Courts.
I respectfully submit that, I have highest regards and respect for the orders of Hon'ble Court and holding of election is not intentional and deliberate. Further with great respect I will undertaking that, I shall hold an election as per the direction in the interim order passed on 08.10.2020 with the permission of this Hon'ble Court."
7. It is thus clear from the said affidavit that the petitioners who had obtained an interim order in Writ Petition No.148078/2020 were not permitted to participate in the general body meeting. The fact that the Deputy Registrar give an undertaking to the Division Bench of this Court stating that she would hold an election as per the directions in the interim order dated 08.10.2020 also establishes that no election was conducted.
8. Thereafter on 21.12.2020, the Government passed an order appointing an administrator in exercise of its
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WP No. 147623 of 2020 C/W WP No. 148078 of 2020 WP No. 148844 of 2020 power under Section 27(A) of the co-operative Societies Act. The preamble of the said order reads as follows :
" ¥Àæ¸ÁÛªÀ£É:
ªÉÄÃ É NzÀ ÁzÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À ¤§AzsÀPÀgÀÄ, §¼Áîj, EªÀgÀ ¥ÀvÀæzÀ°è §¼Áîj f Áè qÁ: ©.Dgï. CA¨ÉÃqÀÌgï ¸ÀAWÀ, §¼Áîj F ¸ÀAWÀzÀ ¸ÀzÀ¸ÀågÀ°è JgÀqÀÄ §tUÀ¼ÁVzÀÄÝ, ¸ÀAWÀzÀ ¸ÁªÀiÁ£Àå ¸À¨sÉ ºÁUÀÆ DqÀ½vÀ ªÀÄAqÀ½ gÀZÀ£ÉAiÀÄ §UÉÎ ªÀiÁ£Àå PÀ£ÁðlPÀ UË.GZÀÑ £ÁåAiÀiÁ®AiÀÄ, zsÁgÀªÁqÀ ¦ÃoÀzÀ°è jmï Cfð ¸ÀASÉå: 147059/2020 £ÀÄß zÁR°¹zÀÄÝ jmï CfðAiÀÄ°è ¸ÀAWÀzÀ ¸ÁªÀiÁ£Àå ¸À¨sÉAiÀÄ£ÀÄß £ÀqɸÀ®Ä PÀ£ÁðlPÀ ¸ÀAWÀUÀ¼À £ÉÆÃAzÀt PÁAiÉÄÝ 1960 gÀ PÀ®A 25 (2) (¹) gÀr ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À ¤§AzsÀPÀgÀÄ, §¼Áîj gÀªÀjUÉ ¤zÉÃð±À£À ¤Ãr DzÉò¹gÀĪÀÅzÁV w½¹gÀÄvÁÛgÉ. ¢£ÁAPÀ 31/05/2019 gÀAzÀÄ £ÀqÉzÀ DqÀ½vÀ ªÀÄAqÀ½ ¸À¨sÉAiÀÄ°è ºÉƸÀzÁV 100 d£ÀgÀ£ÀÄß ¸ÀzÀ¸ÀågÀ£ÁßV ¸ÉÃj¹PÉƼÀî®Ä wêÀiÁð£À PÉÊUÉÆArzÀÄÝ, DzÀgÉ F wêÀiÁð£À vÉUÉzÀÄPÉƼÀÄîªÀ ªÀÄÄAZÉAiÉÄà ªÉÄà 2019 gÀ ªÀiÁºÉAiÀÄ°è 98 d£ÀjAzÀ ¸ÀzÀ¸ÀåvÀé ±ÀÄ®Ì ¥ÀqÉzÀÄ ¸ÀzÀ¸ÀåvÀé ¤Ãr GzÉÝñÀ ¥ÀƪÀðPÀªÁVªÉ¸ÀwgÀĪÀ PÀÈvÀåªÁVgÀÄvÁÛgÉAzÀÄ, ¸ÀzÀj ¥ÀæPÀgÀtzÀ «ZÁgÀuÉAiÀÄ ¸ÀªÀÄAiÀÄzÀ°è UËgÀªÁ¤évÀ £ÁåAiÀĪÀÄÆwðUÀ¼ÀÄ ¸ÀAWÀzÀ 98 d£ÀgÀ ¸ÀzÀ¸ÀåvÀézÀ §UÉÎ UÉÆAzÀ®UÀ½gÀĪÀÅzÀjAzÀ ºÁUÀÆ PÁ£ÀÆ£ÀÄ ¸ÀĪÀåªÀ¸ÉÜ
- 24 -WP No. 147623 of 2020 C/W WP No. 148078 of 2020 WP No. 148844 of 2020
PÁ¥ÁqÀĪÀ »£Éß ÉAiÀÄ°è ¤AiÀĪÀiÁ£ÀĸÁgÀ F PÀÆqÀ Éà ¸ÀPÀëªÀÄ ¥Áæ¢üPÁgÀ¢AzÀ ¸ÀAWÀPÉÌ DqÀ½vÁ¢üPÁjAiÀÄ£ÀÄß £ÉëĸÀ®Ä PÀæªÀÄ«lÄÖ £ÀÆå£ÀvÉUÀ¼À£ÀÄß ¸Àj¥Àr¸À®Ä ¸ÀÆPÀÛ PÀæªÀÄ«qÀ§ºÀÄzÁVgÀĪÀÅzÀjAzÀ ²æà ªÀÄ Éèñï f.J¸ï. »jAiÀÄ ¤jÃPÀëPÀgÀÄ, ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¸ÀºÁAiÀÄPÀ ¤§AzsÀPÀgÀ PÀbÉÃj, §¼Áîj EªÀgÀ£ÀÄß DqÀ½vÁ¢üPÁjAiÀiÁV £ÉëĸÀ®Ä ²¥sÁgÀ¸ÀÄì ªÀiÁrgÀÄvÁÛgÉ."
9. As could be seen from the said preamble, the Government was constrained to appoint an Administrator in view of two factions being formed which was resulting in a situation where the affairs of the Society could not be conducted in a proper and effective way.
10. This order of appointment of an Administrator has been challenged in Writ Petition No.148844/2020 by one Sri B. K. Anantkumar, who claims that he was elected as a President on 08.10.2020.
11. The Division Bench of this Court while disposing of the contempt petition took note of this order of an
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WP No. 147623 of 2020 C/W WP No. 148078 of 2020 WP No. 148844 of 2020 Administrator being appointed and passed the following order :
"The learned counsel for the complainants would submit that in the light of the present proceedings, the instant contempt petition may be disposed off placing on record proceedings bearing No.Sa.E.74 CSR 2020, Bengaluru, dated 21.12.2020.
In view of the above proceedings, the election/General Body Meeting held on 08.10.2020 has been rendered nugatory.
In the light of the directions given to the Administrator to reiterate the process, we are of the considered opinion that the instant proceedings do not require further attention of this Court and accordingly, contempt proceeding stands dropped."
12. Thus, it is clear from the above that the Division Bench of this Court has already held that the election/General Body Meeting held on 08.10.2020 had been rendered nugatory and the Division Bench also took note of the direction issued by the Government to the Administrator to conduct elections in accordance with the law after reviewing the memberships of the Society and it
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WP No. 147623 of 2020 C/W WP No. 148078 of 2020 WP No. 148844 of 2020 was necessary for the Administrator to ensure conduct of the meeting/election in accordance with the direction issued by this Court.
13. These above mentioned facts, clearly establish that the Society was unable to hold a General Body Meeting due to factionalism and also due to litigation between the two warring factions. In that view of the matter, the order appointing an Administrator cannot be found fault with. Consequently, the order dated 21.12.2020 appointing an Administrator is upheld and the writ petition filed impugning the said order is dismissed.
14. In view of dismissal of the said writ petition, the other writ petitions filed by the members of the warring factions to restrain the members of the rival factions to participate in the election would also not survive for consideration. Accordingly, Writ Petition Nos.147623 and 148078 of 2020 are dismissed as having become infructuous.
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15. As already directed by the Division Bench of this Court in C.C.C. No.100168/2020 (CIVIL), the Administrator is required to not only comply with the directions issued by the State Government but also review the membership of the Society and ensure that the annual general meeting and elections are conducted in accordance with the directions issued by this Court.
16. The reliance placed upon by the learned counsel Sri J.M.Gangadhar on the decision rendered in Writ Petition No.14674/2002 to contend that, the order of Administrator cannot be appointed when the elections have already been held and when the same remained unchallenged, cannot be accepted, since in the present case, the Returning Officer i.e., the Deputy Registrar of Co-operative Societies has herself categorically stated that she was enable to conduct the elections in accordance with the law and had undertaken to conduct elections afresh.
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17. The reliance placed upon by learned counsel Sri K.L.Patil on the Judgment rendered by this Court in the case of Hampana Gouda Badarali v. State of Karnataka, reported in AIR 2019 KAR 2024 which is to the effect that writ Court cannot decide about the membership of a Society cannot also be of avail, since in the present case, there is a clear direction by the State Government to the Administrator to review the membership and thereafter conduct an election/meeting and this Court is not examining the validity of the memberships.
18. For the reasons stated above, Writ Petition No.148844/2020 is dismissed and Writ Petition Nos.147623 and 148078 of 2020 are disposed of as having become unnecessary.
SD JUDGE CKK