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Shekharappa vs the State of Karnataka

Shekharappa vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Feb 28, 2025
~3 min read
https://sooperkanoon.com/case/1656490

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/2878/2025

Parties & Advocates

Appellant / Petitioner

Shekharappa

Respondent

The State of Karnataka

Excerpt

.....under karnataka co-op societies act 19595. returning officer, channagiri taluk primary co-operative agricultural and rural development bank niyamitha, channagiri, davanagere district-577213 …respondents(by sri. yogesh d naik, aga for r1, r3, & r5; sri. t.l. kiran kumar, advocate for r2; sri. p. anand, advocate for r4) this w.p is filed under articles 226 and 227 of the constitution of india praying to directing the r2 to r5 to include the name of the petitioners in the eligible voters list and permit the petitioners to vote in the elections to the r4 which is scheduled to be held on 02/02/2025 as per annexure-a 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 -5-oral orderlearned counsel for the petitioners files memo, which reads as under: "the counsel for the petitioner most humbly submits that, the petitioners does not press the above writ petition seeking leave of this hon'ble court. hence it is prays that this hon'ble court may be pleased dismiss the petition as withdrawn in the interest of justice and equity."2. memo is taken on record.3. in view of memo, the writ petition stands dismissed as withdrawn.4. respondent no.5-returning officer is directedto announce the results without including the votes of the petitioners of respondent no.4-society scheduled on 02.02.2025. sd/- ____________________ justice k.s. hemalekha at list no.: 2 sl no.: 16 ct:snn

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2878 OF 2025 (CS-EL/M) BETWEEN:

1. SHEKHARAPPA S/O. SHIVALINGAPPA, AGED ABOUT 64 YEARS SHARE NO.1837.

2. SWAMY H U, S/O. UMAPATHY, AGED ABOUT 65 YEARS SHARE NO.2528.

3. YASHWANTKUMAR, S/O. SHARANAPPA, SHARE NO.3243. Digitally signed by MAHALAKSHMI B M Location: HIGH 4. MALLIKARJUN D S, COURT OF S/O.SHARANAPPA, KARNATAKA SHARE NO.3244.

5. SHARANAPPA D, S/O. BENAKAPPA, AGED ABOUT 80 YEARS SHARE NO.3245.

6. NUNKAPPA K M -2- S/O. MAHADEVAPPA, SHARE NO.4574.

7. SHIVAMURTHY K.S, S/O. KALLAPPA, SHARE NO.5109.

8. JAYAPPA, S/O.BASAPPA, AGED ABOUT 80 YEARS SHARE NO.5573.

9. RUDRAPPA B K S/O. KALYANAPPA, AGED ABOUT 72 YEARS, SHARE NO.6862.

10. N M PRAKASH, S/O.MURIGEPPA, AGED ABOUT 55 YEARS, SHARE NO.7488.

11. CHANDRASHEKHAR N M S/O MURIGEPPA AGED ABOUT 52 YEARS SHARE NO.7500.

12. THIPPESWAMY B H S/O. HALAYYA, SHARE NO.8423.

13. THIPPAMMA, W/O. GURUSIDDAPPA, AGED ABOUT 85 YEARS -3- SHARE NO.8672.

14. HONNAPPA P S/O. POOJAPPA, SHARE NO.7722.

15. RAJAPPA B K S/O. KALYANAPPA, AGED ABOUT 60 YEARS SHARE NO.6811.

16. GURUMURTHY N.J S/O. JAYAPPA, AGED ABOUT 62 YEARS SHARE NO.7356.

17. RAJAPPA N.G S/O. JAYAPPA, AGED ABOUT 62 YEARS,, SHARE NO.4879.

18. SHEKHARAPPA N.G S/O. EESHWARAPPA, AGED ABOUT 68 YEARS, SHARE NO.4880. …PETITIONERS (BY SRI. PATIL SUMANTH KUMAR S., ADVOCATE) AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY

2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC, 'A' BLOCK, K.H.ROAD, -4- SHANTHINAGARA, B'LRE - 027 REPRESENTED BY ITS COMMISSIONER

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE DISTRICT, MYSORE 570001.

4. CHANNAGIRI TALUK PRIMARY CO-OPERATIVE

AGRICULTURE AND RURAL DEVELOPMENT BANK, NIYAMITHA, CHANNAGIRI, DAVANAGERE DISTRICT -577213 REPRESENTED BY ITS CEO/SECRETARY REGISTERED UNDER KARNATAKA CO-OP SOCIETIES ACT 1959

5. RETURNING OFFICER, CHANNAGIRI TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NIYAMITHA, CHANNAGIRI, DAVANAGERE DISTRICT-577213 …RESPONDENTS

(BY SRI. YOGESH D NAIK, AGA FOR R1, R3, & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. P. ANAND, ADVOCATE FOR R4) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R4 WHICH IS SCHEDULED TO BE HELD ON 02/02/2025 AS PER ANNEXURE-A 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 -5-

ORAL ORDER

Learned counsel for the petitioners files memo, which reads as under: "The counsel for the petitioner most humbly submits that, the petitioners does not press the above writ petition seeking leave of this Hon'ble Court. Hence it is prays that this Hon'ble Court may be pleased dismiss the petition as withdrawn in the interest of Justice and equity."

2. Memo is taken on record.

3. In view of memo, the writ petition stands dismissed as withdrawn.

4. Respondent No.5-Returning Officer is directed

to announce the results without including the votes of the petitioners of respondent No.4-Society scheduled on 02.02.2025. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 16 CT:SNN

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