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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2882 OF 2025 (CS-EL/M)
BETWEEN:
1. NIRMALA RANGASWAMY W/O. RANGASWAMY AGED ABOUT 45 YEARS MEMBERSHIP NO.0739
2. S.V. BASAVARAJ S/O. VEERANNA AGED ABOUT 70 YEARS MEMBERSHIP NO. 1016
3. S.H. GIRIYAPPA AGED ABOUT 78 YEARS MEMBERSHIP NO. 0730 Digitally signed by MAHALAKSHMI B M 4. S.M NAGARAJ Location: HIGH S/O. MALLAIAH COURT OF KARNATAKA AGED ABOUT 74 YEARS MEMBERSHIP NO. 1822
5. HANUMANTHE GOWDA S/O. M.R MUNIYAPPA AGED ABOUT 78 YEARS MEMBERSHIP NO. 4033
6. MARIYAPPA S/O. MARIHUCHAIAH AGED ABOUT 69 YEARS MEMBERSHIP NO. 3501 7. S.C. VIJAYKUMAR S/O. CHANDRASHEKAR S.A.
AGED ABOUT 58 YEARS MEMBERSHIP NO. 6067
8. SIDDALINGAIAH S/O. SIDDAIAH AGED ABOUT 58 YEARS MEMBERSHIP NO. 1550
9. SIDDAGANGAIAH S/O. DALAIAH A GED ABOUT 69 YEARS MEMBERSHIP NO. 5911
10. S.M. BHANUPRAKASH S/O. M.R MUNIYAPPA AGED ABOUT 67 YEARS MEMBERSHIP NO. 4041
11. GANGAIAH S.H S/O MARIHUCHAIAH AGED ABOUT 54 YEARS MEMBERSHIP NO. 3969
12. MARIMALLAIAH S.H.
S/O. MARIHUCHAIAH AGED ABOUT 59 YEARS MEMBERSHIP NO. 3502
13. PAPANNA S/O. MARIHUCHAIAH AGED ABOUT 49 YEARS MEMBERSHIP NO. 3970
14. POOJAGAIAH S/O. KALAIAH AGED ABOUT 75 YEARS MEMBERSHIP NO. 1881
15. S.H. THIMMAIAH S/O. HUCHAPPA AGED ABOUT 84 YEARS MEMBERSHIP NO. 3285
16. GOWRAMMA B.U C/O. SANJEEVAKUMAR AGED ABOUT 47 YEARS MEMBERSHIP NO. 5930
17. GANGAMMA W/O GANGAIAH AGED ABOUT 84 YEARS MEMBERSHIP NO. 3720
18. GANGAHANUMAIAH S/O. VEERA HANUMAIAH AGED ABOUT 79 YEARS MEMBERSHIP NO. 4224
19. SIDDALINGEGOWDA S/O. HANUMAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO. 3636
20. SHIVARAMAIAH S/O. GANGAIAH AGED ABOUT 59 YEARS MEMBERSHIP NO 3379
21. B.G. MANGALAMMA W/O. JAYARAMAIAH AGED ABOUT 39 YEARS MEMBERSHIP NO. 6089
22. A. RAVISHANKAR S/O. ANANTHARAM M.K AGED ABOUT 49 YEARS MEMBERSHIP NO. 5256
23. VENKATESH B.V.
S/O. VENKATAPPA AGED ABOUT 51 YEARS MEMBERSHIP NO. 4796
24. M.S RAJASEHKARAIAH S/O. SOMASHEKARAIAH AGED ABOUT 68 YEARS MEMBERSHIP NO. 2968
25. SRINIVAS M.N.
S/O. NANJAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO. 3596
26. Y.M SURESH S/O. MUNIRAMAIAH AGED ABOUT 52 YEARS MEMBERSHIP NO. 3589 27. RAMACHANDRAIAH S/O. RANGAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO. 5687
28. GANGAIAH S/O. MULLABYRAIAH AGED ABOUT 74 YEARS MEMBERSHIP NO.4693
29. K. HANUMANTHAIAH S/O. KEMPAIAH AGED ABOUT 78 YEARS MEMBERSHIP NO. 3694
30. KEMPANNA S/O. GANGAIAH AGED ABOUT 75 YEARS MEMBERSHIP NO.5143
31. RAJANNA H.T S/O. THIMMEGOWDA AGED ABOUT 69 YEARS MEMBERSHIP NO. 2681
32. NARASEGOWDA S/O. BYRANARASAIAH AGED ABOUT 77 YEARS MEMBERSHIP NO. 4518
33. H.T. KRISHNAMURTHY S/O. THIMMEGOWDA AGED ABOUT 53 YEARS MEMBERSHIP NO. 4800 ALL ARE MEMBERS OF PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NELAMANGALA 562 123 BENGALURU RURAL DISTRICT …PETITIONERS (BY SRI. T. DADAKHALANDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560 027, REP. BY ITS SECRETARY
3. H. NAGARAJ RETURNING OFFICER CUM CO-OPERATIVE DEVELOPMENT OFFICER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NELAMANGALA 562123 BENGALURU RURAL DISTRICT
4. CHIEF EXECUTIVE OFFICER / MANAGER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NELAMANGALA 562123 BENGALURU RURAL DISTRICT (REGISTERED UNDER THE KARNATAKA CO-OP SOCIETIES ACT 1959)
…RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. R. ANIL KUMAR, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FOLLOW THE PROVISIONS CONTAINED IN RULE 13 D (2-A) OF THE KCS RULES, 1960 AS THE MANDATE OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE 4TH RESPONDENT SOCIETY BY INCLUDING THE NAMES OF ALL THE MEMBERS OF THE PETITIONERS IN THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING ALL OF THEM TO VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 02.02.2025 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioners are seeking for the following prayer:-
"Issue a writ of mandamus or any other writ or order directing the respondents to follow the provisions contained in Rule 13D(2-A) of the KCS Rules, 1960, as the mandate of the relevant provision is not being followed to conduct the ensuing election to the Board of the 4th respondent - Society by including the names of all the members of the petitioners in the list of eligible voters and by permitting al of them to vote in the election scheduled to be held on 02.02.2025."
2. This Court by way of an interim arrangement on
01.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition.
3. Heard Sri K. Prasanna Shetty, learned counsel for the petitioners, Sri Siddharth Babu Rao, learned AGA for respondent Nos.1, 3, 4 and 6 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2.
4. Respondent No.5 though served has chosen to remain absent.
5. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes.
6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.
7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others, [2022 (4) AKR 775] (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:
ORDER
i. Writ petition is disposed of.
ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 02.02.2025.
iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society.
iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard.
v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders.
vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting.
vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners.
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