Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2421 OF 2025 (CS-EL/M) BETWEEN:
1. KRISHNAPPA M AGED ABOUT 70 YEARS, S/O MUNIBYRAPPA MEMBERSHIP NO. 10
2. SRIRAMAPPA AGED ABOUT 68 YEARS, S/O VENKATAPPA MEMBERSHIP NO. 17
3. T A KRISHNAPPA AGED ABOUT 62 YEARS, S/O ARASAPPA MEMBERSHIP NO. 34
4. VARALAKSHMAMMA
AGED ABOUT 55 YEARS, Digitally signed by S/O CHIKKANNA MAHALAKSHMI B M MEMBERSHIP NO. 58 Location: HIGH COURT OF 5. K BYREGOWDA KARNATAKA AGED ABOUT 53 YEARS, MEMBERSHIP NO. 77
6. SHARADHAMMA AGED ABOUT 48 YEARS, W/O NANJAPPA MEMBERSHIP NO. 220
7. T N MAHESH AGED ABOUT 48 YEARS, S/O P NARAYANAPPA MEMBERSHIP 227 -2-
8. CHIKKABYRE GOWDA, AGED ABOUT40 YEARS, MEMBERSHIP NO. 240
9. T N MANOJ AGED ABOUT 23 YEARS, S/O S NARAYANASWAMY MEMBERSHIP NO. 241
10. BHOOMIKA D/O S NARAYANASWAMY AGED ABOUT 21 YEARS MEMBERSHIP NO.242.
11. VENKATESH GOWDA AGED ABOUT 40 YEARS, S/O SONAPPA MEMBERSHIP NO. 243
12. LOKESH GOWDA AGED ABOUT 35 YEARS, MEMBERSHIP NO. 244
13. CHAITRA AGED ABOUT 30 YEARS, W/O LOKESH GOWDA MEMBERSHIP NO. 245
14. VENKATESH GOWDA AGED ABOUT 30 YEARS. S/O T A KRISHNAPPA MEMBERSHIP NO. 246
15. BHAVYA AGED ABOUT 35 YEARS W/O RAMACHANDRAPP MEMBERSHIP NO. 247
16. LALITHA AGED ABOUT 32 YEARS, W/O B MANJUNATH MEMBERSHIP NO. 248
17. CHOWDAMMA AGED ABOUT 68 YEARS, -3- W/O CHIKKAMUNIYAPPA MEMBERSHIP NO. 250
18. LAKSHMAMMA, AGED ABOUT 70 YEARS. S/O BYRAPPA, MEMBERSHIP NO. 251
19. HEMANTH HANUME GOWDA, AGED ABOUT 22 YEARS S/O T B KRISHNAPPA, MEMBERSHIP NO. 252
20. KUSHAL GOWDA, AGED ABOUT 20 YEARS S/O B VENKATESHAPPA, MEMBERSHIP NO 253
21. KOMALA, W/O T N MAHESH, MEMBERSHIP NO.256
22. SEEMANNA, AGED ABOUT 62 YEARS S/O SONNAPPA, MEMBERSHIP NO. 258
23. RATHNAMMA, AGED ABOUT 55 YEARS W/O SEEMANNA, MEMBERSHIP NO. 259
24. MURALI S/O SEEMANNA MEMBERSHIP NO.260
25. VIJAYKUMAR AGED ABOUT 28 YEARS S/O CHIKKANNA MEMBERSHIP NO. 261
26. SOUMYA AGED ABOUT 30 YEARS W/O VENKATESH MEMBERSHIP NO. 264 -4-
27. MUNESH S/O VENKATARAMANASHETTY MEMBERSHIP NO. 273
28. ANJALI S/O T V MUNIRAJU MEMBERSHIP NO. 275
29. KAVYA AGED ABOUT 25 YEARS W/O MUNESH MEMBERSHIP NO. 276
30. MANJUNATH AGED ABOUT 30 YEARS S/O VENKATARAMANASHETTY MEMBERSHIP NO.277
31. MUNITHAYAMMA AGED ABOUT 68 YEARS W/O P NARAYANAPPA MEMBERSHIP NO. 89
32. RAMAKKA AGED ABOUT 72 YEARS W/O SONNAPPA MEMBERSHIP NO. 156
33. NIRMALA AGED ABOUT 51 YEARS W/O S NARAYANASWAMY MEMBERSHIP NO. 159
34. JAYALAKSHMAMMA AGED ABOUT 56 YEARS W/O NARAYANASWAMY MEMBERSHIP NO. 198
35. SUMA AGED ABOUT 36 YEARS W/O CHIKKANARAYANASWAMY MEMBERSHIP NO. 199 -5-
36. KAVITHA AGED ABOUT 36 YEARS W/O T B KRISHNAPPA MEMBERSHIP NO. 200
37. K VARADAHARAJ AGED ABOUT 46 YEARS MEMBERSHIP NO. 201
38. B RAMACHANDRAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO. 203
39. B MANJUNATH AGED ABOUT 48 YEARS MEMBERSHIP NO. 204
40. VENKATALAKSHMAMMA AGED ABOUT 60 YEARS W/O T A KRISHNAPPA MEMBERSHIP NO. 206
41. T V MUNIRARJU AGED ABOUT 54 YEARS S/O VENKATARAMANASHETTY MEMBERSHIP NO. 262
42. SUSHMA AGED ABOUT 30 YEARS W/O K VARADHARAJU MEMBERSHIP NO. 264
43. LAVANYA AGED ABOUT 28 YEARS S/O K DEVARAJU MEMBERSHIP NO. 265.
44. SUJATHAMMA AGED ABOUT 46 YEARS W/O M NARAYANASWAMY MEMBERSHIP NO. 254
45. RAJAMMA AGED ABOUT 56 YEARS -6- W/O T N MUNIRAJU MEMBERSHIP NO. 13
46. HANUMAPPA AGED ABOUT 68 YEARS S/O VENKATASWAMAPPA MEMBERSHIP NO. 27
47. MUNIYAPPA AGED ABOUT 62 YEARS S/O MUNIYAPPA MEMBERSHIP NO. 43
48. B NARAYANASWAMY AGED ABOUT 54 YEARS MEMBERSHIP NO. 47
49. MUNISWAMY GOWDA AGED ABOUT 59 YEARS MEMBERSHIP NO. 3
50. SEETHAMMA AGED ABOUT 65 YEARS W/O CHINNAPPA MEMBERSHIP NO. 61
51. T M HARISH S/O MUNIRAJU MEMBERSHIP NO.263.
52. B NARAYANASWAMY AGED ABOUT 55 YEARS MEMBERSHIP NO.53 ALL ARE MEMBERS OF THIMMANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. MALURU TALUK-563130 KOLAR DISTRICT. … PETITIONERS (BY SMT. MANJULA C., ADVOCATE FOR SRI JAI PRAKASH REDDY M., ADVOCATE) -7- AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560 001.
2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS COMMISSIONER.
3. THE RETURNING OFFICER THIMMANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. MALURU TALUK-563130 KOLAR DISTRICT.
4. THIMMANAYAKANAHALLI
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. MALURU TALUK-563130 KOLAR DISTRICT BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3, R-4 & R-6; SR T.L. KRAN KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE R-4 SOCIETY BY INCLUDING THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R-4 SOCIETY AS PER CALENDAR OF EVENTS DTD. 17.01.2025 VIDE ANNEXURE-B ISSUED BY R-3. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA -8-
ORAL ORDER
Learned counsel for the petitioners submits that the petition has been rendered infructuous, as the election, which was scheduled for 05.02.2025, is not held, and to that effect, memo is filed, which reads as under: “In the above petition, the election to the respondent No.4 society was fixed on 5/2/2025. That on was postponed. In view of the same the above petition has become infructuous. Hence, the above petition may kindly be dismissed as having become infructuous in the interest of justice.”
2. The memo is taken on record.
3. Accordingly, the writ petition is dismissed as having become infructuous. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 2