Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.107596 OF 2024 (CS-EL/M) C/W WRIT PETITION NO. 107576 OF 2024 IN W.P.NO.107596/2024: BETWEEN:
1. RAGHUPATI S/O. NARAYAN HEGDE AGED 53 YEARS, OCCUPATION: AGRICULTURE R/O. DASANAGADDE, TQ: SIRSI M.NO.297
2. GAJANAN S/O. GANAPATI HEGDE AGED 68 YEARS, OCCUPATION: AGRICULTURE R/O.TARGOD, TQ: SIRSI M.NO.86
3. KALAVATI GANAPATI HEGDE AGED 49 YEARS, OCCUPATION: AGRICULTURE Digitally signed by VISHAL NINGAPPA R/O.TARGOD, TQ: SIRSI PATTIHAL Location: High Court of Karnataka M.NO.634
4. GANAPATI S/O. SEETARAM HEGDE AGED 66 YEARS, OCCUPATION: AGRICULTURE R/O.AMBALIKE, KEREMANE, TQ: SIRSI M.NO.133
5. NASIR HUSAIN MOHAMMAD AKBAR SHEIKH AGED 47 YEARS, OCCUPATION: AGRICULTURE R/O.TARGOD, TQ: SIRSI M.NO.402 -2-
6. NAGARAJ S/O. KARIYA POOJARI AGED 42 YEARS, OCCUPATION: AGRICULTURE R/O.KUMBRIGADDE, TQ: SIRSI M.NO.489
7. PEERAMBI MOULA SAB GADI JANATAMANE AGED 49 YEARS, OCCUPATION: AGRICULTURE R/O.TARGOD, TQ: SIRSI M.NO.423
8. MOULA SAB PAKRU SAB GADI JANATAMANE AGED 52 YEARS, OCCUPATION: AGRICULTURE R/O.TARGOD, TQ: SIRSI M.NO.422
9. SHARADA GAJANAN BHAT AGED 76 YEARS, OCCUPATION: AGRICULTURE R/O.KOGALKULI, TQ: SIRSI M.NO.573
10. NAGARAJ S/O. HANMANT AMBIGA AGED 34 YEARS, OCCUPATION: AGRICULTURE R/O.NADAGOD, TQ: SIRSI M.NO.478
11. RAJARAM S/O. MAHABALESHWAR HEGDE AGED 66 YEARS, OCCUPATION: AGRICULTURE R/O.DODDURU, TQ: SIRSI M.NO.435
12. DEEPAK S/O. RAJARAM HEGDE AGED 41 YEARS, OCCUPATION: AGRICULTURE R/O.DODDURU, TQ: SIRSI M.NO.536
13. PARVATI ANAND DEVADIGA AGED 40 YEARS, OCCUPATION: AGRICULTURE R/O.NADAGOD, TQ: SIRSI -3- M.NO.653
14. GANESH S/O. GANAPATI HEGDE AGED 70 YEARS, OCCUPATION: AGRICULTURE R/O.KADEKODI, TQ: SIRSI M.NO.241
15. SHRIDHAR S/O. RAMAKRISHNA HEGDE AGED 42 YEARS, OCCUPATION: AGRICULTURE R/O.KADAVE, TQ: SIRSI M.NO.288
16. CHANDRASHEKHAR S/O. GANAPATI NAIK AGED 49 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.380
17. MANJUNATH S/O. KERIYA NAIK AGED 54 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.465
18. SEETE MADEV NAIK AGED 74 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.709
19. DATTATRAY S/O. GANESH HEGDE AGED 51 YEARS, OCCUPATION: AGRICULTURE R/O.GADIGEHOLE, TQ: SIRSI M.NO.405
20. ANNAPPA S/O. GANAPATI NAIK AGED 50 YEARS, OCCUPATION: AGRICULTURE R/O.BOMMANALLI, TQ: SIRSI M.NO.570
21. TARANATH S/O. VENKATRAMAN HEGDE AGED 55 YEARS, OCCUPATION: AGRICULTURE -4- R/O.HULAGOLA, TQ: SIRSI M.NO.526
22. RAJESH S/O. GANAPATI NAIK AGED 36 YEARS, OCCUPATION: AGRICULTURE R/O.HOSKERE, TQ: SIRSI M.NO.484
23. LAXMINARAYAN S/O. NARASIMHA BHAT AGED 60 YEARS, OCCUPATION: AGRICULTURE R/O.AGASALA, TQ: SIRSI M.NO.480
24. SATISH S/O SOORYASHEKHAR HEGDE AGED 46 YEARS, OCCUPATION: AGRICULTURE R/O.KIBBALLI, TQ: SIRSI M.NO.640
25. RAGHAVENDRA S/O MADHUKAR HEGDE AGED 42 YEARS, OCCUPATION: AGRICULTURE R/O.DASANAGADDE, TQ: SIRSI M.NO.469
26. MANJUNATH S/O KESHAV HEGDE AGED 45 YEARS, OCCUPATION: AGRICULTURE R/O.GOLIKOPPA, TQ: SIRSI M.NO.464
27. VISHWANATH S/O. RAMA NAIK AGED 46 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.449
28. NARAYAN S/O. JATTAPPA NAIK AGED 66 YEARS, OCCUPATION: AGRICULTURE R/O.HOSALLI, TQ: SIRSI M.NO.439 -5-
29. BANGARI NARAYAN NAIK AGED 94 YEARS, OCCUPATION: AGRICULTURE R/O.GUDDEKOPPA, TQ: SIRSI M.NO.321
30. TAMASU S/O. LINGU GOWDA AGED 77 YEARS, OCCUPATION: AGRICULTURE R/O.SADASHIVALLI, TQ: SIRSI M.NO.315
31. KRISHNA S/O. NARAYAN DEVADIGA AGED 54 YEARS, OCCUPATION: AGRICULTURE R/O.MAVINSARA, TQ: SIRSI M.NO.442
32. SURESH S/O SHEKHAR POOJARI AGED 48 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.440
33. NAGARAJ S/O VENKATRAMAN NAIK AGED 41 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.502
34. GANAPATI S/O CHANDU POOJARI AGED 63 YEARS, OCCUPATION: AGRICULTURE R/O.BAILGADDE, TQ: SIRSI M.NO.485
35. NARAYAN S/O. HAVALI POOJARI AGED 69 YEARS, OCCUPATION: AGRICULTURE R/O.MAVINSARA, TQ: SIRSI M.NO.535
36. BHASKAR S/O. CHANDU POOJARI AGED 54 YEARS, OCCUPATION: AGRICULTURE R/O.BAILGADDE, TQ: SIRSI -6- M.NO.542
37. NAGENDRA S/O. RAMA NAIK AGED 53 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.541
38. GOVIND S/O HAVALI POOJARI AGED 64 YEARS, OCCUPATION: AGRICULTURE R/O.MAVINSARA, TQ: SIRSI M.NO.496
39. SANTOSH S/O. RAMA NAIK AGED 43 YEARS, OCCUPATION: AGRICULTURE R/O.BELALE, TQ: SIRSI M.NO.545
40. NAGARAJ S/O. NARAYAN POOJARI AGED 38 YEARS, OCCUPATION: AGRICULTURE R/O.MAVINSARA, TQ: SIRSI M.NO.664
41. YASHWANT S/O. NAGESH NAIK AGED 58 YEARS, OCCUPATION: AGRICULTURE R/O.MALENALLI, TQ: SIRSI M.NO.437
42. VISHWANATH S/O. VENKATRAMAN BHAT AGED 63 YEARS, OCCUPATION: AGRICULTURE R/O.KADAVE, TQ: SIRSI M.NO.319
43. ALI KHAN ABDUL RAHIM AGED 61 YEARS, OCCUPATION: AGRICULTURE R/O.SONDA, TQ: SIRSI M.NO.462
44. SURESH RAMACHANDRA HEGDE AGED 50 YEARS, OCCUPATION: AGRICULTURE -7- R/O.GUNDIGADDE, TQ: SIRSI M.NO.498
45. BHASKAR S/O. VENKATRAMAN HEGDE AGED 64 YEARS, OCCUPATION: AGRICULTURE R/O.ULLIKOPPA, TQ: SIRSI M.NO.116
46. ANANT S/O. NARASIMHA BHAT AGED 62 YEARS, OCCUPATION: AGRICULTURE R/O.BOMMANALLI, TQ: SIRSI M.NO.222
47. RAJIV S/O. KRISHNA HEGDE AGED 46 YEARS, OCCUPATION: AGRICULTURE R/O.KADAVE, TQ: SIRSI M.NO.530
48. DURGAPPA S/O. JATTA BHANDARI AGED 60 YEARS, OCCUPATION: AGRICULTURE R/O.BOMMANALLI, TQ: SIRSI M.NO.677
49. GAJANAN S/O. MADEV NAIK AGED 54 YEARS, OCCUPATION: AGRICULTURE R/O.AGASALA, TQ: SIRSI M.NO.739
50. SHRIPAD S/O. RAMAKRISHNA HEGDE AGED 44 YEARS, OCCUPATION: AGRICULTURE R/O.KADAVE, TQ: SIRSI M.NO.238
51. PRAMODA RAMAKRISHNA HEGDE AGED 63 YEARS, OCCUPATION: AGRICULTURE R/O.KADAVE, TQ: SIRSI M.NO.264 -8-
52. BHAGIRATI LAXMINARAYAN GOLAKA AGED 53 YEARS, OCCUPATION: AGRICULTURE R/O.BALAGARU, TQ: SIRSI M.NO.737
53. SUSHEELA KRISHNA GOWDA AGED 65 YEARS, OCCUPATION: AGRICULTURE R/O.ADAVIMANE, TQ: SIRSI M.NO.738
54. GANESH S/O. MOHAN HARIKANTA AGED 32 YEARS, OCCUPATION: AGRICULTURE R/O.SHEDIKODLU, TQ: SIRSI M.NO.743
55. CHANDRASHEKHAR S/O. ANANT BHANDARI AGED 50 YEARS, OCCUPATION: AGRICULTURE R/O.SHEDIKODLU, TQ: SIRSI M.NO.660
56. GEETA BEERAPPA PATAGAR AGED 46 YEARS, OCCUPATION: AGRICULTURE R/O.TARGOD, TQ: SIRSI M.NO.683
57. NIRANJAN S/O. CHANNAPPA PATIL AGED 40 YEARS, OCCUPATION: AGRICULTURE R/O.MATNALLI, TQ: SIRSI M.NO.698
58. SAVITA MADHUKESHWAR HEGDE AGED 51 YEARS, OCCUPATION: AGRICULTURE R/O.KALLALLI, TQ: SIRSI M.NO.707
59. SOORYASHEKHAR S/O. LAXMINARAYAN HEGDE AGED 50 YEARS, OCCUPATION: AGRICULTURE R/O.KIBBALLI, TQ: SIRSI -9- M.NO.210
60. SUSHEELA HARIHAR HEGDE AGED 79 YEARS, R/O.HAKKIMANE, TQ: SIRSI M.NO.572
61. DIVAKAR S/O SEETARAM HEGDE AGED 65 YEARS, R/O.BOMMANALLI, TQ: SIRSI M.NO.577
62. RAJESH S/O SATYANARAYAN HEGDE AGED 50 YEARS, R/O.SHIVADMANE, TQ: SIRSI M.NO.212
63. SHESHA S/O VENKATA POOJARI AGED 54 YEARS, R/O.GUDDEKOPPA, TQ: SIRSI M.NO.588
64. DAYANAND S/O GANAPATI HEGDE AGED 62 YEARS, R/O.NAKSHE, TQ: SIRSI M.NO.158
65. VENKATESH S/O RAMA POOJARI AGED 54 YEARS, R/O.JAMBEKOPPA, TQ: SIRSI M.NO.618
66. KAMALA SATYANARAYAN HEGDE AGED 65 YEARS, - 10 - R/O.DEVADAKERI, TQ: SIRSI M.NO.858
67. VINAYAK S/O. DATTATRAY BHAT AGED 50 YEARS, R/O.HOSKERE, TQ: SIRSI M.NO.204
68. MAHESH S/O HARIYAPPA PATAGAR AGED 52 YEARS, R/O.BOMMANALLI, TQ: SIRSI M.NO.675
69. NARAYAN S/O. SHIVU GOWDA AGED 42 YEARS, R/O.ADAVIMANE, TQ: SIRSI M.NO.666
70. MANJUNATH S/O. SHIVAPPA PATAGAR AGED 50 YEARS, R/O.BOMMANALLI, TQ: SIRSI M.NO.358
71. SAROJA BALAKRISHNA KARALE AGED 53 YEARS, R/O.DEVADAKERI, TQ: SIRSI M.NO.628
72. PRABHAKAR S/O TAMBIGYA GOWDA AGED 53 YEARS, R/O.KIBBALLI, TQ: SIRSI M.NO.650 - 11 -
73. NAGARATNA UMESH PATAGAR AGED 65 YEARS, R/O.BOMMANALLI, TQ: SIRSI M.NO.636
74. SADANAND S/O. SHESHU MARATI AGED 62 YEARS, R/O.KIBBALLI, TQ: SIRSI M.NO.716
75. NARAYAN S/O OMU GOWDA AGED 72 YEARS, R/O: YALAKKIJADDI, TQ: SIRSI M.NO.398 …PETITIONERS (BY SRI VISHWANATH HEGDE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING, 6 TH FLOOR, BENGALURU-560001
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI-ASKAR ROAD, BENGALURU-560052
3. CO-OPERATIVE ELECTION AUTHORITY, 3 RD FLOOR, SHANTINAGAR, T.T.M.C, “A” BLOCK, SHANTINAGAR, BENGALURU-560027 REP.BY ITS SECRETARY,
4. DISTRICT CO-OPERATIVE - 12 - ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UTTARA KANNADA, KARWAR DIST: UTTARA KANNADA-581301
5. RETURNING OFFICER,
VIVIDODDESH PRATHAMIKA GRAMEEN KRUSHI SAHAKAR SANGH NIYAMITHA, TARGOD, AND SECOND DIVISION ASSISTANT, ASSISTANT REGISTRAR OFFICE, SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA-581402
6. VIVIDODDESH PRATHAMIKA GRAMEEN KRUSHI SAHAKAR SANGH NIYAMITHA, TARGOD TQ: SIRSI, DIST: UTTARA KANNADA-581402 REP.BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SMT. MALA D. BHUTE, AGA FOR R1, R2, R4 AND R5; SRI G.V.BHARAMAGOUDAR, ADVOCATE FOR R3; SRI A.P.HEGDE JANAMANE, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL INELIGIBLE VOTERS LIST ISSUED BY RESPONDENT NO.6 MARKED AT ANNEXURE B INSOFAR AS PETITIONERS ARE CONCERNED IN THE ELECTION TO THE BOARD OF 6THRESPONDENT SOCIETY FOR THE TERM 2024 TO 2029. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE 6TH RESPONDENT SOCIETY FOR THE TERM 2024-2029 SCHEDULED TO BE HELD ON 14-12-2024, PERMITTING THE PETITIONERS TO CAST THEIR VOTE AND PARTICIPATE IN THE ELECTION PROCESS IN TERMS OF ANNEXURE A AND ETC.,
IN W.P.NO.107576/2024:
1. DIWAKAR DEVARU BHAT. A/A 72 YEARS, AGRICULTURIST. R/O KADKULI, PO-TARGOD. SL.NO.30 IN IN-ELIGIBLE - 13 -
2. RAVI VAMANRAO DEV. A/A 70 YEARS, AGRICULTURIST. R/O BELALE, PO-TARGOD. SL.NO.34 IN IN-ELIGIBLE
3. SUDARSHAN GAJANAN HEGDE. A/A 32 YEARS, AGRICULTURIST. R/O SALKANI. SL.NO.104 IN IN-ELIGIBLE
4. NARASIMHA BEERA NAIK. A/A 41 YEARS, AGRICULTURIST. R/O GUDEKOPPA, PO-TARGOD. SL.NO.95 IN IN-ELIGIBLE
5. GOWRI DAKU GOWDA. A/A 38 YEARS, AGRICULTURIST. R/O SADASHIVALLI. SL.NO.58 IN IN-ELIGIBLE
6. TAMASU LINGU GOWDA. A/A 55 YEARS, AGRICULTURIST. R/O SADASHIVALLI. SL.NO.90 IN IN-ELIGIBLE
7. VINAYAK N DESHABHANDARI. A/A 50 YEARS, AGRICULTURIST. R/O SADASHIVALLI. SL.NO.107 IN IN-ELIGIBLE
8. MANJUNATH MOTU GOWDA. A/A 45 YEARS, AGRICULTURIST. R/O SADASHIVALLI. - 14 - SL.NO.215 IN IN-ELIGIBLE
9. SAVITHA MADHUKESHWAR HEGDE. A/A 42 YEARS, AGRICULTURIST. R/O TARGOD, PO-TARGOD. SL.NO.237 IN IN-ELIGIBLE
10. HEMANT HEGDE. A/A 31 YEARS, AGRICULTURIST. R/O NADAGULI. SL.NO.272 IN IN-ELIGIBLE
11. MAHABALESHWAR GANAPATI HEGDE. A/A 69 YEARS, AGRICULTURIST. R/O KUGALKULI. SL.NO.121 IN IN-ELIGIBLE VOTERS LIST.
12. UMESH DAKU GOWDA. A/A 41 YEARS, AGRICULTURIST. R/O SADASHIVALLI. SL.NO.216 IN IN-ELIGIBLE VOTERS LIST.
13. GANAPATI MANJA NAIK. A/A 40 YEARS, AGRICULTURIST. R/O GUDDEKOPPA. SL.NO.244 IN IN-ELIGIBLE VOTERS LIST.
14. NARAYAN MAHABALESHWAR HEGDE. A/A 45 YEARS, AGRICULTURIST. R/O KATLEHALLA, PO-TARGOD. SL.NO.191 IN IN-ELIGIBLE VOTERS LIST.
15. ANITHA NARAYAN HEGDE. A/A 42 YEARS, AGRICULTURIST. R/O KATLEHALLA, PO-TARGOD. - 15 - SL.NO.192 IN IN-ELIGIBLE VOTERS LIST.
16. CHANDRASHEKHAR SUBRAY HEGDE. A/A 72 YEARS, AGRICULTURIST. R/O KATLEHALLA, PO-TARGOD. SL.NO.89 IN IN-ELIGIBLE VOTERS LIST.
17. ANANT .R. HEGDE. A/A 32 YEARS, AGRICULTURIST. R/O NIDGOD, PO-TARGOD. SL.NO.108 IN IN-ELIGIBLE VOTERS LIST.
18. SHRIKANT KRISHNAMURTHY NADIG. A/A 32 YEARS, AGRICULTURIST. R/O NADIG GALLI, SIRSI, U.K.DIST. SL.NO.176 IN IN-ELIGIBLE VOTERS LIST.
19. SHYAMALA SHRIKANT NADIG. A/A 29 YEARS, AGRICULTURIST. R/O NADIG GALLI, SIRSI, U.K.DIST. SL.NO.180 IN IN-ELIGIBLE VOTERS LIST.
20. ANNAPPA GANAPATI NAIK. A/A 40 YEARS, AGRICULTURIST. R/O BALGAR. SL.NO.180 IN IN-ELIGIBLE VOTERS LIST.
21. SHRIPATI VENKATRAMAN BHAT. A/A 32 YEARS, AGRICULTURIST. R/O MAVINSAR. SL.NO.108 IN IN-ELIGIBLE VOTERS LIST.
22. LAXMI VENKATRAMAN PATGAR. A/A 32 YEARS, AGRICULTURIST. R/O TARGOD, PO-TARGOD. SL.NO.214 IN IN-ELIGIBLE VOTERS LIST.
23. SURESH RAMACHANDRA BHAT. A/A 32 YEARS, AGRICULTURIST. R/O HALASINAKAI. - 16 - SL.NO.136 IN IN-ELIGIBLE VOTERS LIST.
24. GEETHA BEERAPPA PATGAR. A/A 39 YEARS, AGRICULTURIST. R/O TARGOD, PO-TARGOD. SL.NO.226 IN IN-ELIGIBLE
25. SUSHEELA KRISHNA GOWDA. A/A 40 YEARS, AGRICULTURIST. R/O SADASHIVALLI. SL.NO.253 IN IN-ELIGIBLE
26. DEEKLU NARAYAN GOWDA. A/A 50 YEARS, AGRICULTURIST. R/O SADASHIVALLI. SL.NO.115 IN IN-ELIGIBLE
27. SHRIPAD DATTATRAYA HEGDE. A/A 58 YEARS, AGRICULTURIST. R/O AMBALIKEMANE. TAL-SIRSI, U.K.DISTRICT - 577 419. SL.NO.45 IN IN-ELIGIBLE
28. SHANTARAM GAJANAN HEGDE. A/A 60 YEARS, AGRICULTURIST. R/O KURAVANIGE. TAL-SIRSI, U.K.DISTRICT - 577 419. SL.NO.146 IN IN-ELIGIBLE
29. SURESH RAMACHANDRA HEGDE. A/A 42 YEARS, AGRICULTURIST. R/O GUNDIGADDE. TAL-SIRSI, U.K.DISTRICT - 577 419. SL.NO.155 IN IN-ELIGIBLE ….PETITIONERS (BY SRI D.M.MALLI, ADVOCATE) - 17 - AND: 1.THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M S BUILDING, 6TH FLOOR, BANGALORE 560 001.
2. CO-OPERATIVE ELECTION COMMISSION RPTD BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, SHANTINAGAR, BANGALORE - 560 027.
3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UTTARA KANNADA DISTRICT KARWAR - 577 419.
4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SIRSI SUB DIVISION SIRSI UTTARA KANNADA DISTRICT - 577 419.
5. RETURNING OFFICER VIVIDODDESHA PRATHAMIKA GRAMEEN KRUSHI SAHAKARA SANGA NIYAMITHA TARAGOD TQ SIRSI UTTARA KANNADA DISTRICT-577 419.
6. VIVIDODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGA NIYAMITHA, TARAGOD, TQ SIRSI, UTTARA KANNADA DISTRICT - 577 419, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. MALA D. BHUTE, AGA FOR R1 AND R3; SRI G.V.BHARAMAGOUDAR, ADVOCATE FOR R2; SRI A.P.HEGDE JANAMANE, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 INCLUDE THE NAME OF THE PETITIONER IN THE FINAL ELIGIBLE BORROWERS VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTION OF 6HT RESPONDENT SOCIETY SCHEDULE TO HELD ON 14.12.2024 OF THE TERM 2024-2029 PERMITTING THE PETITIONERS - 18 - TO RIGHT TO CASE THEIR VOTE AND PARTICIPATE IN THE ELECTION IN TERMS AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The reliefs sought for in W.P No.107596/2024 are as under: “WHEREFORE, the petitioners pray that this Hon’ble Court is pleased to: a) Issue a Writ of Certiorari quashing the final ineligible voters list issued by Respondent No.6 marked at Annexure B in so far as petitioners are concerned in the election to the Board of 6th respondent Society for the term 2024 to 2029. b) Issue a writ of mandamus directing the respondents to conduct the Elections to the 6th respondent society for the term 2024-2029 scheduled to be held on 14-12-2024, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A. c) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.” - 19 -
2. The reliefs sought for in W.P No.107576/2024 are as under: “WHEREFORE, the petitioners pray that this Hon’ble Court is pleased to:
a) Issue a writ of mandamus directing the respondent No.5 to include the name of the Petitioners in the final eligible borrowers voters list and permit the Petitioners to vote in the election of 6th Respondent society schedule to
held on 14-12-2024 for the term 2024-2029 permitting
the petitioners to right to cast their vote and participate in the election in terms. b) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.”
3. Both the above writ petitions are filed with respect
to elections that were held to the 6th respondent/Society on 14.12.2024, pursuant to the calendar of events dated 28.11.2024 (Annexure-A to the writ petition). This Court, vide interim orders dated 13.12.2024, permitted the petitioners to
cast their votes. The operative portion of the interim order
passed in W.P No.107576/2024 is as follows: - 20 - i. “The petitioners are permitted to caste their votes in the elections scheduled to be held on 14.12.2024 pursuant to the calendar of events dated 28.11.2024 (Annexure-A to the writ petition); ii. The votes cast by the petitioners shall be kept in a separate ballot box; iii. The results of the elections held on 14.12.2024 shall not be announced without the leave of the Court;”
4. In W.P No.107596/2024, the interim relief was
granted, having regard to the interim relief granted in W.P No.107576/2024. In both the writ petitions votes cast by the petitioners were kept in a separate ballot box and the results of the election to the 6th respondent/Society have not been announced.
5. Learned counsel for the petitioners and learned
counsel respondent No.6/Society submits that the elections have been conducted as scheduled on 14.12.2024. However, it is submitted that the results have not been announced.
6. Having regard to the interim orders granted by this
Court, the learned counsel for the 6th respondent/Society files a memo placing on record the postal receipts demonstrating - 21 - compliance of the stipulations contained under Order 13-D(2-A) of the Karnataka Co-operative Societies Rules, 19601 and submits that notices have been issued to the petitioners in terms of Rule 13-D(2-A) of the Rules.
7. Learned counsel for the 6th respondent further
submits that having regard to the order of a Co-ordinate Bench of this Court in the case of MUNIRAJU.N VS. THE STATE OF KARNATAKA AND OTHERS2, the writ petitions are required to be disposed off and the results are required to be announced without taking into account the votes cast by the petitioners.
8. It is forthcoming that a Co-ordinate Bench of this Court in the case of MUNIRAJU.N2, has considering a similar fact situation, dismissed the writ petition and ordered as follows:
ORDER
(i) “The writ petition is dismissed. Hereinafter referred to as the ‘Rules’ W.P No.1807/2024 dated 13.02.2024 - 22 -
(ii) Returning Officer shall announce the results of the election to the Board of respondent - Society held on 20.01.2024 by excluding the votes cast by the petitioners.
(iii) If any person entitled to raise a dispute under
Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, raises a dispute under the said provision questioning the election results, the said dispute shall be decided without being influenced by the dismissal of the writ petition. It is made clear that this Court has not given any finding on the eligibility/ineligibility of the petitioners to vote in the election to the board of the respondentsociety.
(iv) The question as to the eligibility/ineligibility 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/ineligibility of the petitioners to vote in the election to the board of respondent-society is raised, all relevant questions concerning the correctness of eligible and ineligible voters' list and non-compliance of Rule 13- D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and its effect on the election shall be considered. - 23 -
(vi) The ballot papers containing the votes cast by the petitioners shall be kept in a separate sealed box after counting.
(vii) While counting the votes cast by the petitioners, a
separate list shall be prepared disclosing the number of votes cast by the petitioners in favour of the candidates. Said list shall be separately maintained and be furnished to the authority, if summoned, while hearing election dispute in case such dispute is raised. If the dispute is raised, same shall be decided within six months from the date of presentation of the petition.”
9. In view of the fact situation in the present writ petition and having regard to the orders passed by this Court in similar fact situations, the following:
ORDER
a) The writ petitions are disposed off. b) The Returning Officer shall announce the results of the elections held pursuant to the calendar of events dated 28.11.2024 by excluding the votes cast by the petitioners. - 24 - c) Liberty is reserved to the petitioners to take recourse to Section 70 of the Karnataka Co- operative Societies Act, 1959. In the event, the petitioners take recourse to the said remedy, the said proceedings shall be adjudicated upon uninfluenced by the orders passed by this Court in these writ petitions. d) The votes cast by the petitioners shall be kept in a separate sealed cover after counting for a period of three months, to enable the same to be the subject matter of the proceedings under Section 70 of the Act, in the event, the same are initiated and subject to further orders that may be passed in the said proceedings. Sd/- (C.M. POONACHA) JUDGE PMP/CT-ASC List No.: 1 Sl No.: 69