D V Uma vs the State of Karnataka

D V UMA vs The State of Karnataka

Type Court Judgment Court Karnataka Decided Jun 05, 2025

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Citation: sooperkanoon.com/1715167
Court: Karnataka High Court
Judge: Suraj Govindaraj
Decided On: Jun 05, 2025
Case Number: WP/14839/2025

Parties & Advocates

Appellant / Petitioner

D V UMA

Respondent

The State of Karnataka

Excerpt

.....conclusion that any irregularity in the conduct of election a petition under article 226 of the constitution of india would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under section 70(2) of the w.p.no.8502/2022 dated 7.6.2022 -7- karnataka co-operative societies act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.3. the said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.4. in that view of the matter, i pass the following:orderi) the writ petition is disposed of. ii) the returning officer in this matter is directed to announce the result within seven days from the date of receipt of a copy of this order by taking into account the votes cast by the petitioners. iii) in the event of any proceeding being filed in relation to the results of the election under section 70(2) of the karnataka co-operative societies act, 1959, all the contentions raised herein and any that may be raised are left open -8- for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv) the votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. sd/- (suraj govindaraj) judge lb list no.: 1 sl no.: 74

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.14839 OF 2025 (CS-EL/M) BETWEEN:
1. D.V.UMA W/O.N.J.RAVIKUMAR AGED ABOUT 47 YEARS SL.NO.1, SHARE NO.9
2. NAGARATHNA W/O.UDAYAKUMAR AGED ABOUT 55 YEARS SL.NO.3, SHARE NO.49
3. ASHALATHA Digitally signed W/O.N.S.NANDISH
by SHWETHA               AGED ABOUT 46 YEARS
RAGHAVENDRA              MARUTHIPURA
Location: HIGH           NAGAMANGALA TOWN
COURT OF                 MANDYA DISTRICT-571 432
KARNATAKA SL.NO.4, SHARE NO.83
4. B.NIRMALA W/O.N.K.SUDHEER AGED ABOUT 51 YEARS SL.NO.5, SHARE NO.88 -2-
5. MUBEEN TAJ W/O.SANAULLA AGED ABOUT 63 YEARS SL.NO.6, SHARE NO.186
6. SAVITHRI W/O.SHANKARANNA AGED ABOUT 41 YEARS SL.NO.8, SHARE NO.197
7. RAJAMMA W/O.PUTTARAJU AGED ABOUT 58 YEARS SL.NO.10, SHARE NO.204
8. VARALAKSHMI W/O.CHIKKATHIMMAIAH AGED ABOUT 55 YEARS SL.NO.15, SHARE NO.233
9. MAHADEVAMMA W/O.RAMASETTY AGED ABOUT 70 YEARS SL.NO.19, SHARE NO.251
10. NOORJAN W/O.ABDUL RASHEED -3- AGED ABOUT 80 YEARS SL.NO.21, SHARE NO.258
11. LAKSHMAMMA W/O.RAMAIAH AGED ABOUT 72 YEARS SL.NO.22, SHARE NO.265
12. SARASWATHI W/O.RAMAIAH AGED ABOUT 57 YEARS SL.NO.23, SHARE NO.272
13. SHANTHAMMA W/O.RANGASWAMY AGED ABOUT 49 YEARS SL.NO.26, SHARE NO.303
14. T.G.SUMITHRA W/O.N.S.NAGARAJU AGED ABOUT 50 YEARS SL.NO.29, SHARE NO.322
15. HASEENA B. W/O.BABU AGED ABOUT 47 YEARS -4- SL.NO.31, SHARE NO.326
16. RUKMINI W/O.N.T.SRIRANGARAJU AGED ABOUT 46 YEARS SL.NO.32, SHARE NO.330
17. CHIKKAMMA W/O.RANGANNA AGED ABOUT 44 YEARS SL.NO.35, SHARE NO.341
18. B.MANJULA W/O.DIVAKARA AGED ABOUT 40 YEARS SL.NO.36, SHARE NO.348 …PETITIONERS (BY SRI K.A.CHANDRASHEKARA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY -5-
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3rd FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR BENGALURU-560 027 REPRESENTED BY ITS SECRETARY
3. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT MANDYA-571 421
4. RETURNING OFFICER MARUTHIPURA MILK PRODUCERS MAHILA CO-OPERATIVE SOCIETY LTD. KASABA HOBLI NAGAMANGALA TALUK
5. MARUTHIPURA MILK PRODUCERS MAHILA CO-OPERATIVE SOCIETY LTD. KASABA HOBLI NAGAMANGALA TALUK REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI YOGESH D.NAIK, AGA FOR R-1 TO R-4; SRI SIDDARTH B.MUCHANDI, ADVOCATE FOR R-5) THIS WRIT PETIITON IS FILED UNDER ARTICLES 226
AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NOS.2 TO 5 TO PERMIT THE PETITIONER TO EXERCISE THEIR VOTES IN THE ELECTION TO BE HELD ON 22.05.2025 VIDE ANNEXRE-A TO THE BOARD OF DIRECTORS OF RESPONDENT NO.5. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: -6- CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. This Court by way of various interim orders had

permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

2. A Coordinate Bench of this Court in the case of

H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70(2) of the W.P.No.8502/2022 dated 7.6.2022 -7- Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.

4. In that view of the matter, I pass the following:

ORDER

i) The Writ Petition is disposed of. ii) The Returning Officer in this matter is directed to announce the result within seven days from the date of receipt of a copy of this order by taking into account the votes cast by the petitioners. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open -8- for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues. iv) The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE LB List No.: 1 Sl No.: 74

Same Court & Year Karnataka · 2025 Same Parties D V UMA vs The State of Karnataka Same Judge Suraj Govindaraj