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Karnataka High Court
Smt. Nirmala. R vs The Principal Secretary on 23 February, 2024
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WP No. 5208 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 5208 OF 2024 (CS-EL/M)
BETWEEN:
1. SMT. NIRMALA. R
AGED ABOUT 50 YEARS,
W/O. RAMAIAH,
RAT MUPIGATTA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
2. JAYAMMA
AGED ABOUT 69 YEARS,
W/O. DODDAHANUMAPPA,
RAT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST, MADURE HOBLI,
DODDABALLAPURA TALUK,
Digitally BENGALURU RURAL DISTRICT-561 204.
signed by (SENIOR CITIZENSHIP NOT CLAIMED)
PRAMILA G V
Location: 3. HARISHA. C. R.
HIGH COURT AGED ABOUT 40 YEARS,
OF S/O. RAJANNA. V,
KARNATAKA RAT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST, MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
4. PUJAMMA
AGED ABOUT 53 YEARS,
W/O. GANGARAMAIAH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
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WP No. 5208 of 2024
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
5. RANGADHAMAIAH
AGED ABOUT 74 YEARS,S/O. THIMMAPPA,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
(SENIOR CITIZENSHIP NOT CLAIMED)
6. C. RANGEGOWDA
AGED ABOUT 49 YEARS,
S/O. CHIKKAPPAIAH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
7. S. SIDDAPPA
AGED ABOUT 74 YEARS,SO. SIDDAPPA,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST, MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
(SENIOR CITIZENSHIP NOT CLAIMED)
8. G. SURESH
AGED ABOUT 65 YEARS,
SO. LATE GANGARAMAIAH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
(SENIOR CITIZENSHIP NOT CLAIMED
9. D. RAMEGOWDA
AGED ABOUT 73 YEARS,
S/O. DODDARANGAIAH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
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WP No. 5208 of 2024
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
(SENIOR CITIZENSHIP NOT CLAIMED)
10. C. S. PURSHOTHAMA GOWDA
AGED ABOUT 50 YEARS,
S/O. C. D. SATHYANARAYANA GOWDA,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
11. ANJINAPPA
AGED ABOUT 88 YEARS,
S/O. LATE HANUMANTHAIAH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
(SENIOR CITIZENSHIP NOT CLAIMED)
12. KESHAVI. N
AGED ABOUT 54 YEARS,
W/O. SATHISH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
13. ASHA. B
AGED ABOUT 33 YEARS,
W/O. GIRISHA,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
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WP No. 5208 of 2024
14. B. VENKATACHALA
AGED ABOUT 56 YEARS,
S/O. BYLAPPA,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
15. R. JAYARAMU
AGED ABOUT 57 YEARS,
S/O. LATE RANGAIAH,
R/AT CHANNADEVI AGRAHARA VILLAGE,
KADANURU POST,
MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
...PETITIONERS
(BY SRI. D K SRIRAMAPPA.,ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
STATE OF KARNATAKA,
DEPARTMENT OF CO OPERATION,
M.S. BUILDING,
BENGALURU-560 001.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, SHANTHINAGARA,
BENGALURU-560 027,
REPRESENTED BY ITS SECRETARY.
3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
BEERASANDRA,
KUNDAN HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562 104.
4. THE CHIEF EXECUTIVE OFFICER
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WP No. 5208 of 2024
CHANNADEVIAGRAHARA MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
CHANNADEVIAGRAHARA VILLAGE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
(REGISTERED UNDER KARNATAKA CO-OP SOCIETIES
ACT 1959)
5. THE RETURNING OFFICER
CHANNADEVIAGRAHARA MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
CHANNADEVIAGRAHARA VILLAGE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 204.
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO.,AGA FOR R1, R3 AND R5;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE IN
ELIGIBLE VOTERS LIST SO FAR AS PETITIONERS ARE
CONCERNED VIDE ANNEXURE-C DATED NIL ISSUED BY THE R4
SOCIETY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
petitioners and the learned Government Advocate
appearing for respondent Nos.1, 3 and 5 and also the
learned counsel appearing for respondent No.2.
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WP No. 5208 of 2024
2. Respondent No.4 – Society though served with
notice has remained absent.
3. In substance, the petition is filed seeking right to
vote in the election to the board of respondent-co-
operative society on the premise that the ineligible voters’
list published by the respondent Society is contrary to the
mandatory provisions of Rule 13-D(2-A) of the Karnataka
Co-operative Societies Rules 1960 (Hereinafter referred to
as the ‘Rules, 1960’ for short). In terms of the interim
order granted by this Court, the petitioners claim to have
cast their votes in the election to the Board of respondent
Society, held on 20.02.2024. The results have not been
announced. The same has been withheld in terms of the
interim order granted by this Court.
4. The respondent-society though served with the
notice has not chosen to appear and contest the petition.
The allegations made in the writ petition relating to non-
compliance of Rule 13-D(2-A) of the Rules, 1960 are not
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WP No. 5208 of 2024
controverted by filing statement of objections. The
documents on record do not indicate compliance of
requirements of Rule 13-D(2-A) of Rules, 1960.
5. Since there are no materials to hold that
requirements of Rule 13-D(2-A) are complied, this Court
proceeds on the assumption that the requirements of Rule
13-D(2-A) of Rules, 1960 are not complied. In a situation
where the respondent-society admitted non-compliance of
Rule 13-D(2-A) of Rules, 1960, the co-ordinate bench of
this Court in H S RAJU AND OTHERS vs STATE OF
KARNATAKA AND OTHERS (2022(4) AKR 775) has
permitted the votes to be counted and the election results
to be announced keeping open all other contentions to be
adjudicated in appropriate forum under Section 70(2) of
the Karnataka Co-operative Societies Act, 1959. Since,
there is no contest by the respondent-society, the principle
laid down in H S RAJU supra can be applied to the facts
of the present petition.
6. Under these circumstances, the following:
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WP No. 5208 of 2024ORDER
(i) The writ petition is allowed-in-part.
(ii) The Returning Officer shall announce the results of the
election to the Board of the respondent – Society held on
20.02.2024 by counting the votes of 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
eligibility of the petitioners to vote in the election to the board
of respondent-society, the said dispute shall be decided without
being influenced by the interim order granted by this Court
permitting the petitioners to vote in the election to the board of
respondent-society. It is made clear that this Court while
granting interim order in favour of the petitioners, has not
given any finding on the eligibility of the petitioners to vote in
the election to the board of the respondent-society.
(iv) The question as to the eligibility of the petitioners to vote
in the election is kept open to be decided in a dispute if any,
raised in this regard.
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(v) If any such dispute relating to the eligibility of the
petitioners to vote in the election to the board of respondent-
society is raised, the effect of holding the petitioners ineligible
to vote and excluding such votes, on the final outcome of the
election results shall also be taken into account before passing
final orders.
(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.
Sd/-
JUDGE
PHM
List No.: 1 Sl No.: 17
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