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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 5535 OF 2025 (CS-EL/M)
BETWEEN:
11. A.R.RAVINDRA S/O. RANGAREDDY AGED ABOUT 52 YEARS, NO.228/6, KUNIGAL ROAD, A.K. KAVAL GULUR HOBLI, AKKATHANGIYARAKATTE KAVAL, NARUGANAHALLI, MADHUGIRI, TUMAKURU-572122.
22. A.THAYAPPA S/O. ANNAYAPPA, AGED ABOUT 72 YEARS, NO.18/3, 4TH CROSS ANNAYAPPA GARDEN, NEAR TANK BRIDGE, JAKKASANDRA VILLAGE, Digitally signed by BENGALURU-560034.
SUMA Location: 3. YASHODAMMA, HIGH W/O. VENKATESH, COURT OF KARNATAKA AGED ABOUT 72 YEARS, 196, 10TH 'C' MAIN, JAYANAGAR III BLOCK, BENGALURU-560011.
4. DHARMASHEKAR A.M., S/O. MANJASHETTY, AGED ABOUT 48 YEARS, ANKIHALLIPETE, ANKIHALLI, HASSAN- 573215. 5. M. NAGARAJA S/O. MANDI GOWDA, AGED ABOUT 74 YEARS, CHETHANA FARM AND NURSERY, NO. 933, 13TH MAIN ROAD, 8TH CROSS, SRINIVAS NAGAR, BANSHANKARI 1ST STAGE, BENGALURU- 560050.
6. SURESH GOWDA M.P., S/O. PUTTAIAH M.C., AGED ABOUT 55 YEARS, NO.1, 7TH CROSS KEB LAYOUT, RMV 2ND STAGE, BENGALURU- 560094.
7. DEEPAK DAS RAI K., S/O. LATE D.VISHWANATHA RAI, AGED ABOUT 65 YEARS, NO.8/154, LALBAGH SIDDAPURA, JAYANAGAR, 1ST BLOCK, BENGALURU- 560011.
8. RANGASWAMY C., S/O. T.CHANDRAPPA, AGED ABOUT 56 YEARS, ANNAPOORNESHWARI NURSERY, B.H.ROAD, NIDIGE DISTRICT, SHIMOGA- 577222.
9. M.THIPPANNA NAYAKA S/O. MUNIYAPPA, AGED ABOUT 65 YEARS, SHILPA GARDEN AND NURSERY, DEVANAHALLI TALUK, BOOVANAHALLI, BENGALURU RURAL- 562110.
10. KALAVATHI S., W/O. M.MANJUNATHA REDDY, AGED ABOUT 48 YEARS, SRI. VINAYAKA ROSE FARM AND NURSERY, NO.17/9, 17/10, KYATHOHALLI, CHUNCHANAKUPPE POST, BENGALURU SOUTH- 562130.
…PETITIONERS (BY PROF. RAVI VERMA KUMAR, SR. COUNSEL FOR SMT. G.SHARADA BAI, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, DR. B.R.AMBEDKAR VEEDHI BENGALURU -560001.
2. THE ELECTION OFFICER CO-OPERATIVE ELECTION AUTHORITY AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, III BLOCK, TTMC 'A' BLOCK SHANTHINAGAR, BENGALURU - 560 027.
3. THE NURSERYMEN CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, LALBAGH, BENGALURU - 560004
4. SMT. CHETANA, RETURNING OFFICER FOR THE NURSERYMEN CO-OPERATIVE SOCIETY LTD., LALBAGH, BENGALURU - 560004.
5. SRI. V.AJITHKUMAR, N.RAMU AND SONS NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR 1ST BLOCK, BENGALURU - 560011.
6. SRI. T.P.VENKATESH, BALAJI NURSERY AND GARDENS, LALBAGH, SIDDAPURA, BENGALURU - 560011.
7. SMT. LALITHA LOKENDRA BABU, GREEN GARDEN SEEDS, NO.435/39, 9TH CROSS, JAYANAGAR, 1ST BLOCK, BENGALURU-560011.
8. SRI. S.R.JAYARAM, ASHWINI NURSERY, NO.80/4, GULAKAMALE GRAMA, TARALU POST, BENGALURU SOUTH, TALUK-560082.
9. SRI. S.R.KEMPAIAH, KISSAN NURSERY, GORAVANAHALLI HOSA BADAVANE, MALAVALLI MAIN ROAD, NEAR ESHWARA TEMPLE, MADDUR TOWN, MANDYA-571428.
10. SRI. S.K.MANJUNATHA, LAKSHMI NURSERY & GARDEN, LALBAGH, SIDDAPURA, 1ST BLOCK, JAYANAGAR, BENGALURU-560011. 11. SMT. R.GEETHA, SHREE AMBIKA NURSERY, 4TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU-560011.
12. SMT. ANITHA, ANIL NURSERY, NO.40, LALBAGH, SIDDAPURA, 1ST BLOCK, JAYANAGAR, BENGALURU-560011.
13. SMT. S.SARASWATHI, SARASWATHI NURSERY, NO.84, KADANURAHALLI, SEEGEBELIGATE, MADURE HOBLI, DODDABALLAPURA, BENGALURU-561205.
14. VENKATA SWAMY N.P., ARCHANA NURSERY, DEVANAHALLI TALUK, NAGAMANGALA, BENGALURU RURAL, KARNATAKA-562110.
15. SURESH H.K., SRI. KAVERI FARM AND NURSERY, NO.363, LALBAGH, SIDDAPURA, JAYANAGAR, 1ST BLOCK, SRI. POOJAMMA NERSERY, BENGALURU SOUTH, JAYANAGAR, III BLOCK, BENGALURU-560011.
16. RAVI R., NO.1, R.RAVI NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR, 1ST BLOCK, BENGALURU-560011. 17. M.VISHWANATH, M.MUNISWAMYREDDY AND SONS, NO.A 19, 7TH MAIN, SRINIVASNAGAR, NEAR GANESHA TEMPLE, SUNKADAKATTE, VISWANEEDAMA, BENGALURU-560091.
18. RAMDEV M.V., BRINDAVAN NURSERY, M.R.KAMATA, NO.125, 6TH CROSS, PANDURANGANAGAR, BANNERGHATTA ROAD, NEAR ADIGAS HOTEL, BENGALURU-560076.
19. SRI. C.MAJUSHEKAR, S/O. T.CHIKKANNA, AGED ABOUT 60 YEARS, RANGANATHA CROTON NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011.
MEMBERSHIP NO.24.
20. SMT. M.MANJULA, W/O. M.MUNIRAJU, AGED ABOUT 44 YEARS, CHIKKAPULLAPPA NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.25.
21. SMT. P.V.CHAITRA, W/O. S.V.SRINIVAS, AGED ABOUT 41 YEARS, S.L.N. NUSERY, NO.454/A, 7TH CROSS (END), 1ST BLOCK, JAYANAGAR, BENGALURU-560011.
MEMBERSHIP NO.122.
22. SMT. DAKSHAYANI, W/O. GOVINDA, AGED ABOUT 66 YEARS, DEEPA NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR 1ST BLOCK, BENGALURU-560011.
MEMBERSHIP NO.147.
23. SRI. SHASHIKUMAR S., S/O. SHAMANNA, AGED ABOUT 64 YEARS, SHASHIKALA NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.150.
24. SRI. SRINIVAS M., S/O. MUNISWAMY, AGED ABOUT 42 YEARS, MUNISWAMY NURSERY, AMBEDKAR NAGAR, SARJAPURA ROAD, BENGALURU-560035. MEMBERSHIP NO.167.
25. SRI. M.HARISHBABU, S/O. MUNISWAMY, AGED ABOUT 50 YEARS, NEHRU NURSERY, HEGGANAHALLI VILLANGE AND POST, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110.
MEMBERSHIP NO.203.
26. SMT. S.PAVANAKUMARI, W/O. MANJUNATH, AGED ABOUT 46 YEARS, FRIENDS NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.528.
27. SRI. R.VENKATESH, S/O. N.RAMU, AGED ABOUT 52 YEARS, N.RAMU AND SONS NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR, 1ST BLOCK, BENGALURU-560011. MEMBERSHIP NO.536.
28. SRI. N.P.NARAYANASWAMY, S/O. PULLAPPA, AGED ABOUT 62 YEARS, HAREESH NURSERY, NAGAMANGALA VILLAGE, HEGGANAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, MEMBERSHIP NO.595.
29. SMT. V.SUGUNAMMA, W/O. MUNIVENKATAPPA, AGED ABOUT 65 YEARS, LAKSHMINARAYANA NURSERY, KALLUBALU VILLAGE AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-560105.
MEMBERSHIP NO.616.
30. SMT. M.MEGHANA, D/O. M.MUNIRAJU, AGED ABOUT 22 YEARS, MEGHANA NURSERY AND GARDEN, BURUGUNTE GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562112.
MEMBERSHIP NO.633. 31. SMT. RAMAKKA, W/O. K.SHEKAR, AGED ABOUT 60 YEARS, K.SHEKAR & SONS NURSERY, INDRASANAHALLI GRAMA, HEGGANAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110.
MEMBERSHIP NO.658.
32. SRI. K.SHEKAR, S/O. KENCHAPPA, AGED ABOUT 64 YEARS, HARISH NURSERY, HEGGANAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110.
MEMBERSHIP NO.683.
33. SRI. B.R.KRISHNA, S/O. B.T.RANGAPPA, AGED ABOUT 53 YEARS, VARASHRI NURSERY AND FARM, SAKKARE BYL. GAJANURU POST, SHIMOGA - 577201.
MEMBERSHIP NO.694.
34 SRI.M.NARAYANSWAMY, S/O MUNIVEERAPPA, AGED ABOUT 61 YEARS, MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU-560 027.
35 SRI.SEETHARAM S.R, S/O RANGAPPA, AGED ABOUT 56 YEARS, MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027.
36 SRI.G.DARSHAT RAM, S/O N GURAPPA, AGED ABOUT 67 YEARS, R/AT. MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027.
37 SRI. C.ASHWATH, S/O CHIKKANNA, AGED ABOUT 75 YEARS, R/AT. MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027.
38 SRI.DAYANAND, S/O KAVEERAPPA, AGED ABOUT 55 YEARS, R/AT.MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027
39 MAHESH A S/O C ASHWATH AGED ABOUT 38 YEARS MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560027
40 SRIDHAR V C S/O C ASHWATH AGED ABOUT 48 YEARS MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560027 …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1 AND R4;
SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI. K.CHANDRAMOHAN, ADVOCATE FOR R3;
SRI. SURESH S.LOKRE, SR.COUNSEL FOR SRI. PRAMODA GODA T.P., ADVOCATE FOR R5 TO R18;
SRI. M.R.RAJAGOPAL, SR.COUNSEL FOR SRI. P.ANAND, ADVOCATE FOR R19 TO R33;
SRI. A.MUHAMMED TAHIR, ADVOCATE FOR R34 TO R38;
SRI. V.R.SARATHY, ADVOCATE FOR R39 TO R40)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO STRIKE DOWN CLAUSE (a-iv) AND (a-v) OF SUB-SECTION (2) OF SECTION 20 OF KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959 AS UNCONSTITUTIONAL, VOID AND UNENFORCEABLE OR IN ALTERNATIVE DECLARE THAT THE SAID PROVISIONS DO NOT APPLY TO THE ELECTION AS PER THE CALENDAR OF EVENTS AT ANNEXURE-A AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have sought for the following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus to strike down Clause (a-iv) and (a-v) of Sub-section (2) of Section 20 of Karnataka Co-operative Societies Act, 1959, as unconstitutional, void and unenforceable or in alternative declare that the said provisions do not apply to the election as per the Calendar of Events at Annexure A.
(ii) Declare deletion of names of the petitioners from the list of eligible candidates and inclusion of their names in the list of ineligible candidates prepared and circulated by the 2nd respondent as per covering letter dated 18.02.2025, (ANNEXURED) as illegal, void and inoperative and consequently direct the respondents to include the name of the petitioners in the list of eligible voters and to allow them to contest the election and cast votes at the election scheduled to be held pursuant to Notification dated 20.02.2025 (Annexure A (iii) Pass any other Order as this Hon'ble Court deems fit to in the facts and circumstances of the case including an Order as to costs in the interest of justice and equity."
2. Learned Senior Counsel for the petitioners submitted that the petitioners would not press relief No.1 and that the writ petition would be restricted to relief No.2. Therefore, the consideration of this writ petition is restricted to the relief No.2.
3. (i) The relevant facts necessary for consideration of this writ petition and as pleaded in the writ petition are that the petitioners claimed that they were members of the respondent No.3. The term of the elected body of the respondent No.3 came to an end on 31.03.2025. By a notification dated 20.02.2025, the respondent No.4 notified the calendar of events to hold elections to the Board of Directors of the respondent No.3. They contend under bye-law No.32 of bye- laws of respondent No.3 every member should have transacted business upto Rs.25,000-00 in the current year and must have attended two General body meetings out of 5, to be eligible to contest and vote at the elections to the managing committee. The petitioners contend that they were fully eligible in all respects to contest and vote. They contend that the election officer found 112 members to be ineligible to participate in the elections and included their names in the draft list of ineligible voters. Notices were sent to all 112 ineligible voters on 19.10.2024. The Joint Registrar of Co-operative Societies found that 14 members out of 112 members were wrongly included in the ineligible members list and therefore an order was passed by him on 26.12.2024 to include all the 14 of them in the list of eligible candidates. The names of petitioner Nos.1, 2, 3, 6, 7 and 10 appeared amongst the aforesaid 14 members.
(ii) The petitioners claim that they were fully eligible and qualified to contest the election and cast their vote as their names were included in the draft list of eligible candidates prepared by the respondent No.2 and circulated to the respondent No.3 in terms of a covering letter dated 15.01.2025. Later, by notification dated 18.02.2025, the respondent No.2 published a final list of eligible voters and ineligible voters, in which owing to political considerations namely to eliminate the petitioners from contesting elections to the respondent No.3-Society, their names were included in the final list of ineligible members.
(iii) The petitioners are therefore before this Court challenging the action of respondent No.2 in including their names in the ineligible voters list and therefore pray that the deletion of their names from the list of eligible candidates and the inclusion of their names in the list of ineligible candidates be declared as illegal, void and in-operative and consequently, to direct the respondent No.2 to include their names in the list of eligible voters and to allow them to contest the election and cast votes at the election scheduled pursuant to the notification dated 20.02.2025.
4. T
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