Disposed

Sri D Mohankumar v. the State of Karnataka

Karnataka HC3 Jul 2023WP/12983/2023

Case brief

AI extract

What is this about?

This writ petition challenged the disqualification of petitioners from the eligible voters list of a Co-Operative Society. The Court disposed of the petition after noting that the election was conducted with the petitioners' votes counted, following a similar decision in a connected matter.

What did the court decide?

The writ petition was disposed of; aggrieved parties may pursue available remedies.

Sri D Mohankumar Vs the State of Karnataka — Election Law | Karnataka HC (2023)

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NC: 2023:KHC:22798 WP No. 12983 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 12983 OF 2023 (CS-EL/M)

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BETWEEN:

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SRI D MOHANKUMAR

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S/O K DASEGOWDA AGED ABOUT 35 YEARS SHARE NO 23

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GOOLIGOWDA

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S/O KUNDEGOWDA AGED ABOUT 48 YEARS SHARE NO 31

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Digitally

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signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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N PUTTASWAMY S/O NANJUNDACHARI AGED ABOUT 45 YEARS SHARE NO 38

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K JAYASHANKAR

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S/O K KEMPEGOWDA AGED ABOUT 40 YEARS SHARE NO 43

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5. KEMPEGOWDA

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S/O MOTTEGOWDA AGED ABOUT 55 YEARS SHARE NO 45

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M ANITHA W/O Y V VENKATESH

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AGED ABOUT 44 YEARS SHARE NO 53

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CHINNEGOWDA S/O EREGOWDA AGED ABOUT 56 YEARS SHARE NO 56

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8. RAMEGOWDA

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S/O VENKATEGOWDA AGED ABOUT 60 YEARS SHARE NO 63

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VENKATESH S/O THIMMEGOWDA AGED ABOUT 50 YEARS SHARE NO 70

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10. KEMPAMMA

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W/O K VENKATEGOWDA AGED ABOUT 65 YEARS SHARE NO 78

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11. KUSUMA

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W/O V VENKATAPPA AGED ABOUT 50 YEARS SHARE NO 92

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T VENKATESH S/O VENKATEGOWDA AGED ABOUT 60 YEARS SHARE NO 102

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SHIVALINGAMMA W/O JAYARAMU K AGED ABOUT 47 YEARS SHARE NO 108

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14. KEMPEGOWDA

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S/O KULLEGOWDA AGED ABOUT 60 YEARS SHARE NO 110

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INDRAMMA W/O SHIVARUDRACHAR AGED ABOUT 35 YEARS SHARE NO 112

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SHIVARUDRACHAR S/O RUDRACHAR AGED ABOUT 45 YEARS SHARE NO 113

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17. RAMESH M

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S/O MALLEGOWDA AGED ABOUT 35 YEARS SHARE NO 114

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SIDDARAJU S/O KEMPASIDDEGOWDA AGED ABOUT 45 YEARS SHARE NO 115

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GOPAL

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S/O KEMPADASEGOWDA AGED ABOUT 40 YEARS SHARE NO 119

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KRISHNEGOWDA S/O MARIGOWDA AGED ABOUT 47 YEARS SHARE NO 121

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LATHA

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W/O KRISHNEGOWDA AGED ABOUT 40 YEARS SHARE NO 122

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22. JAYAMMA

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W/O KEMPASIDDEGOWDA AGED ABOUT 60 YEARS SHARE NO 129

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PREMA

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W/O C KEMPARAJU AGED ABOUT 35 YEARS SHARE NO 140

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DUNDAMMA D/O HONNAMMA AGED ABOUT 55 YEARS SHARE NO 174

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MANCHEGOWDA S/O BALLEGOWDA AGED ABOUT 55 YEARS SHARE NO 174

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K KEMPEGOWDA S/O VANAGOOLIGOWDA AGED ABOUT 62 YEARS SHARE NO 175

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NAGAMMA W/O KEMPEGOWDA AGED ABOUT 45 YEARS SHARE NO 176

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KEMPAMMA W/O BHIMEGOWDA AGED ABOUT 45 YEARS SHARE NO 179

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29. KARIGOWDA S/O KARIGOWDA

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AGED ABOUT 60 YEARS SHARE NO 187

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T VENKATESH S/O THIMMEGOWDA AGED ABOUT 40 YEARS SHARE NO 189

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H VEEREGOWDA S/O DODDAMARIGOWDA AGED ABOUT 40 YEARS SHARE NO 191

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CHIKKAMARIGOWDA S/O DODDAHAIDEGOWDA AGED ABOUT 47 YEARS SHARE NO 194

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PADMAMMA W/O T UMESH AGED ABOUT 36 YEARS SHARE NO 199

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Y N MARISWAMY S/O SANNEGOWDA AGED ABOUT 35 YEARS SHARE NO 200

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35. APPAJI

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S/O THATHEGOWDA AGED ABOUT 40 YEARS SHARE NO 202

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D ANANDA S/O DODDATHAMMAIAH AGED ABOUT 34 YEARS SHARE NO 204

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M MADEGOWDA S/O MADEGOWDA AGED ABOUT 42 YEARS SHARE NO 207

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SUMITHRA W/O M MADEGOWDA AGED ABOUT 37 YEARS SHARE NO 208

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KEMPARAJU J S/O JAYARAMU AGED ABOUT 29 YEARS SHARE NO 212

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40. RANI

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W/O M SHANKAREGOWDA AGED ABOUT 35 YEARS SHARE NO 214

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KAMALAMMA W/O KEMPEGOWDA AGED ABOUT 50 YEARS, SHARE NO. 219

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P SHIVANNA S/O PUTTEGOWDA AGED ABOUT 46 YEARS, SHARE NO. 221

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CHOWDASHETTY S/O CHOWDASHETTY AGED ABOUT 50 YEARS, SHARE NO. 230

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PUTTASWAMY S/O CHIKKAMOGEGOWDA

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AGED ABOUT 47 YEARS, SHARE 233

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45. NAGAMMA

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W/O KEMPEGOWDA AGED ABOUT 55 YEARS, SHARE NO. 235

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46. CHANNEGOWDA

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S/O CHIKKAKALEGOWDA AGED ABOUT 62 YEARS, SHARE NO. 236

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DODDAPUTTEGOWDA S/O CHIKKAIDEGOWDA AGED ABOUT 40 YEARS, SHARE NO. 239

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SHIVAMADEGOWDA S/O BOKALEGOWDA AGED ABOUT 32 YEARS, SHARE NO. 241

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YASHODAMMA W/O SHIVAMADEGOWDA AGED ABOUT 32 YEARS, SHARE NO. 241

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50. CHANNAMMA

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W/O KALEGOWDA AGED ABOUT 55 YEARS, SHARE NO. 242

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RAJEGOWDA S/O CHIKKAIDEGWODA AGED ABOUT 60 YEARS, SHARE NO. 243

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52. JAYAMMA

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W/O PUTTASWAMY AGED ABOUT 45 YEARS, SHARE NO. 246

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CHIKANNAGOWDA S/O KEMPEGOWDA AGED ABOUT 50 YEARS. SHARE NO. 250

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D JAYAMRAMU S/O DODDPUTTEGOWDA AGED ABOUT 39 YEARS, SHARE NO. 255

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V NAGARAJU S/O VENKATEGOWDA AGED ABOUT 35 YEARS, SHARE NO. 257

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MARASIDDAMMA S/O SANNEGOWDA AGED ABOUT 65 YEARS, SHARE NO. 261

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LINGEGOWDA

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S/O SIDDEGOWDA AGED ABOUT 57 YEARS, SHARE NO. 267

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58. USHA

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W/O H JAYARAMU AGED ABOUT 35 YEARS, SHARE NO. 270

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KEMPARAJU S/O CHIKKAIDEGOWDA, AGED ABOUT 47 YEARS, SHARE NO. 277

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60. KEMPAMMA

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S/O Y K CHANNEGOWDA AGED ABOUT 50 YEARS, SHARE NO. 279

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RAGHU Y C S/O CHIKKATHAMMAIAH, AGED ABOUT 32 YEARS, SHARE NO. 280

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CHIKKATHAYAMMA W/O CHIKKATHAMMAIAH, AGED ABOUT 63 YEARS, SHARE NO. 281

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63. BASAVANNA

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S/O THOPEGOWDA AGED ABOUT 49 YEARS, SHARE NO. 284

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64. JAYAMMA

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W/O CHIKKARAJU, AGED ABOUT 40 YEARS, SHARE NO. 285

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65. GIRAGAMMA

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W/O CHIKKAMOOGEGOWDA, AGED ABOUT 67 YEARS, SHARE NO. 289

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BHAGYAMMA W/O N PUTTASWAMY AGED ABOUT 42 YEARS, SHARE NO. 292

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T HONNEGOWDA S/O B THIMMEGOWDA,

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AGED ABOUT 55 YEARS, SHARE NO. 293

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MARIGOOLIGOWDA S/O BILICHIKKEGOWDA, AGED ABOUT 60 YEARS, SHARE NO. 295

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69. GOPAL

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S/O VENKATEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 296

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70. MADAMMA

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W/O MALLEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 298

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71. K RAJU

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S/O K KEMPEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 307

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72. VENKATESH

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S/O CHIKKATHIMMEGOWDA AGED ABOUT 42 YEARS, SHARE NO. 310

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73. THIMMEGOWDA

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S/O CHIKKANNEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 311

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SAROJAMMA W/O K PUTTASWAMYGOWDA, AGED BOUT 55 YEARS, SHARE NO. 313

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NAGARAJU S/O SIDDEGOWDA, AGED ABOUT 40 YEARS, SHARE NO. 314

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S PUTTASWAMY S/O SILLEGOWDA, AGED ABOUT 50 EARS, SHARE NO. 321

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Y C SUNDARAMMA W/O S PUTTASWAMY AGED ABOUT 48 YEARS, SHARE NO. 322

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CHANDRAMMA W/O SIDDEGOWDA, AGED ABOUT 47 YEARS, SHARE NO. 324

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K KEMPEGOWDA S/O CHIKKAKEMPEGOWDA, AGED ABOUT 65 YEARS, SHARE NO. 328

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NAGADEVAMMA W/O K KEMPEGOWDA, AGED ABOUT 59 YEARS, SHARE NO. 329

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SAVITHA W/O KALEGOWDA AGED ABOUT 45 YEARS, SHARE NO.330

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VENKATESHA S/O THIMMEGOWDA D

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NC: 2023:KHC:22798 WP No. 12983 of 2023

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AGED ABOUT 50 YEARS, SHARE NO.355

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G SRINIVAS S/O GOVINDEGOWDA AGED ABOUT 50 YEARS, SHARE NO.357

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PUTTAGOWRAMMA S/O CHANNEGOWDA AGED ABOUT 50 YEARS, SHARE NO.361

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SIDDEGOWDA S/O KULLEGOWDA AGED ABOUT 55 YEARS, SHARE NO.362

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86. KAMALAMMA

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W/O VEERABADRACHARI AGED ABOUT 48 YEARS, SHARE NO.367

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87. ARUNDATHI

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W/O Y C DINESH AGED ABOUT 35 YEARS, SHARE NO.381

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Y V RAJU S/O VENKATEGOWDA AGED ABOUT 45 YEARS, SHARE NO.383

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SATHIS Y K S/O KEMPEGOWDA D AGED ABOUT 42 YEARS, SHARE NO.386

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90. RADHAMMA

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W/O THIPAREGOWDA AGED ABOUT 36 YEARS, SHARE NO.413

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PUTTAHONNAMMA W/O THIMMEGOWDA AGED ABOUT 48 YEARS, SHARE NO.420

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92. PUTTAMMA

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W/O THIMMADASEGOWDA AGED ABOUT 52 YEARS, SHARE NO.421

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93. RENUKA V

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W/O VENKATARAJU AGED ABOUT 46 YEARS, SHARE NO. 423

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T KRISHNEGOWDA S/O THIMMADASEGOWDA AGED ABOUT 50 YEARS, SHARE NO.441

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95. JAYAMMA

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W/O BADDEGOWDA AGED ABOUT 60 YEARS, SHARE NO.446

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JAYASHEELA W/O D KEMPEGOWDA AGED ABOUT 44 YEARS, SHARE NO.447

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CHIKKATHAMMAIAH W/O PUTTEGOWDA

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AGED ABOUT 47 YEARS, SHARE NO.453

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98. SUNDRAMMA

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W/O Y K CHANDREGOWDA AGED ABOUT 47 YEARS, SHARE NO.455

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99. PREMA

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W/O H GOPAL AGED ABOUT 44 YEARS, SHARE NO.456

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D KEMPARAJAMMA W/O KEMPARAJU AGED ABOUT 43 YEARS, SHARE NO.457

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101. K JAYARAMU

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S/O KENCHEGOWDA AGED ABOUT 49 YEARS SHARE NO 458

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102. LINGAMMA

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W/O KENCHEGOWDA AGED ABOUT 65 YEARS SHARE NO 459

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103. NATARAJU

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S/O Y J NAGARAJU AGED ABOUT 43 YEARS SHARE NO 465

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SHIVAKUMAR Y C S/O M C CHIKKAMARIGOWDA AGED ABOUT 43 YEARS SHARE NO 469

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105. VENKATESHA

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S/O KARITHIMMEGOWDA AGED ABOUT 50 YEARS SHARE NO 472

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106. Y M RAVI

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S/O MARIGOWDA AGED ABOUT 45 YEARS SHARE NO 474

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MARIGOWDA

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S/O MALANTHIMMEGOWDA AGED ABOUT 65 YEARS SHARE NO 476

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108. SUNDRAMMA

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W/O LOKESH AGED 46 YEARS SHARE NO 483

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NAGARAJU S/O KARITHIMMEGOWDA AGED ABOUT 50 YEARS SHARE NO 485

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VENKATATALAKSHMAMMA W/O SHIVARAJU AGED ABOUT 37 YEARS SHARE NO 487

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111. POORNIMA

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W/O Y M RAVI AGED ABOUT 35 YEARS SHARE NO 488

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112. NAGARATHNAMMA W/O BASAVASHETTY

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AGED ABOUT 34 YEARS SHARE NO 490

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113. NINGAMMA

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W/O K VENKATEGOWDA AGED ABOUT 60 YEARS SHARE NO 494

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RAVIKUMAR P S/O T PUTTASWAMY AGED ABOUT 45 YEARS SHARE NO 499

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SOWMYA B W/O T RAGHU AGED ABOUT 34 YEARS SHARE NO 500

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PRAKASHA T S/O THIMMEGOWDA T AGED ABOUT 39 YEARS SHARE NO 501

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SUMITHRA W/O VENKATESH AGED ABOUT 37 YEARS SHARE NO 502

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118. SHARADAMMA

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W/O BASAVARAJU AGED ABOUT 40 YEARS SHARE NO 503

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DEEPU P S/O PUTTARAJU AGED ABOUT 30 YEARS SHARE NO 506

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K B MANGALAMMA W/O KEMPARAJU AGEDA BOUT 40 YEARS SHARE NO 507

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121. MANGALAMMA

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W/O KEMPEGODA, AGED ABOUT 42 YEARS, SHARE NO.508,

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122. SHIVAMMA

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W/O C VENKATAPPA, AGED ABOUT 50 YEARS, SHARE NO.509

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Y V PUTTASWAMYGOWDA S/O VENKATEGOWDA, AGED ABOUT 54 YEARS, SHARE NO.510,

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ANITHA B H W/O PUTTASWAMY, AGED ABOUT 41 YEARS, SHARE NO.512,

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ABHISHEK Y P S/O PUTTASWAMY, AGED ABOUT 40 YEARS, SHARE NO.515,

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126. SAVITHA

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W/O DHARMESHA, AGED ABOUT 37 YEARS, SHARE NO.517,

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UMA P H W/O RAVI P,

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AGED ABOUT 38 YEARS, SHARE NO.519,

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128. DHARMESHA

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S/O KUNNEGOWDA, AGED ABOUT 42 YEARS, SHARE NO.520,

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KUMARA C S/O CHANNEGOWDA, AGED ABOUT 45 YEARS, SHARE NO.521,

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130. GOWRAMMA

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W/O VEEREGOWDA, AGED ABOUT 50 YEARS, SHARE NO.523,

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ALL ARE R/O: YATHAMBADI VILLAGE KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT 571430.

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…PETITIONERS

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(BY SRI. RUDRAPPA P., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, MS BUILDING, 6^TH FLOOR, BANGALORE-560001.

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THE YATHAMBADI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MALAVALLI TALUK, MANDYA DISTRICT-571430 REP BY ITS SECRETARY.

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THE RETURNING OFFICER THE YATHAMBADI MILK PRODUCERS, C-OPERATIVE SOCIETY LTD., MALAVALLI TALUK, MANDYA DISTRICT-571430.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, MANDYA DISTRICT, MANDYA-571401.

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CO-OPERATIVE ELECTION COMMISSION REP BY ITS COMMISSIONER, 3^RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, SHANTINAGAR, BANGALORE-560002.

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…RESPONDENTS

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(BY SMT. A.R. SHARADAMBA, AGA FOR R1 & R4 SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2 & R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE ACT OF THE R-2 IN DISQUALIFYING THE PETITIONERS FROM THE ELIGIBLE VOTERS LIST IS VIOLATIVE OF RULE 13(D) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 BY ALLOWING THIS WP AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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Learned Additional Government Advocate submits

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that the issue stands covered by a decision of the co-ordinate Bench in the case of H.S.Raju And Others

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Vs. The State of Karnataka and Others in W.P.No.8502/2022 and connected matter dated

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07.06.2022.

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Learned Additional Government Advocate submits

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that in the said case also, the petitioners who were members of the co-operative Society were aggrieved of their non-inclusion in the eligible voters list and therefore, they had approached this Court seeking a writ of mandamus directing the respondents to include their names in the eligible voters list and to permit them to vote in the elections to the Co-operative Societies Board in terms of the provisional list of eligible voters.

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Learned Additional Government Advocate submits

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that during the course of those proceedings, this Court

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had directed that the writ petitioners shall be permitted to cast their votes in the election but on the condition that the votes cast by the petitioners shall be kept in separate boxes and the results shall not be announced without the order of this Court. The co-ordinate Bench thereafter proceeded to consider the issue as to whether the writ petitions must be disposed of directing the Returning Officer to announce the results of the elections including the votes cast by the petitioners.

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Having regard to the provisions contained in Rule 13-D (2-A) of the Karnataka Co-operative Societies Rules, 1960, wherein the provision mandates calling for objections, if any, from the defaulter member and having regard to the decision of the Hon'ble Supreme Court in the case of Sri Sant Sadguru Janardan Swami (Moingiri

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Maharaj) Sahakari Dugdha Utpadak Sanstha and

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Another Vs. State of Maharashtra and others reported in (2001) 8 SCC 509 , the co-ordinate Bench held that if the name of a member is excluded or sought to be

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excluded from the eligible voters list, he or she must have an opportunity by way of an individual notice to file objections on exclusion from the electoral list.

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On facts, it was found that a public notice published declaring it as a notice to the members, would not meet the requirements of the relevant provision. Further, having regard to the decision of the Hon'ble Supreme Court that Courts should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll and having regard to the fact that the writ petitioners were permitted to cast their votes, the co-ordinate bench proceeded to dispose of the writ petition directing the Returning Officer to announce the result forthwith including the votes cast by the writ petitioners. All other contentions were left open for consideration in appropriate proceedings in terms of the law governing the process of elections.

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Learned Additional Government Advocate would therefore submit that this writ petition too may be disposed of in similar terms.

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In the present case, it is seen that by an interim order dated 23.06.2023, this Court permitted the petitioners to cast their votes in the election which were scheduled to be held on 25.06.2023.

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It is therefore clear that the petitioners were permitted to cast their votes and their votes were also counted and the results have already been announced. Therefore, the learned Additional Government Advocate is right in her submission that this writ petition too can be disposed of in similar terms.

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Accordingly, the writ petition stands disposed of while directing that if the contesting respondents or any other member of the Society is aggrieved of the results, he or she may pursue the remedy available in accordance with law, as was directed in the case of H.S.Raju (supra).

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