Hanumantha Vs the State of Karnataka — Election Law | Karnataka HC (2023)

Hanumantha Vs the State of Karnataka — Election Law | Karnataka HC (2023)

1 - NC: 2023:KHC:36651 WP No. 22421 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF OCTOBER, 2023

BEFORE

THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 22421 OF 2023 (CS-EL/M)

BETWEEN:

HANUMANTHA

S/O LATE HANUMEGOWDA AGED ABOUT 38 YEARS

SHARE NO. 3

NANJUNDEGOWDA S/O LATE CHINAGEGOWDA AGED ABOUT 35 YEARS SHARE NO. 5

KEMPEGOWDA S/O LATE CHAKIREGOWDA AGED ABOUT 33 YEARS SHARE NO. 6

Digitally signed by V KRISHNA Location: High Court of Karnataka

ASHA W/O LATE RAJU AGED ABOUT 36YEARS SHARE NO. 9

ANANDA B S S/O DODDIREGOWDA AGED ABOUT 39 YEARS SHARE NO. 19

GOWRAMMA W/O RAJANNA

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NC: 2023:KHC:36651 WP No. 22421 of 2023

AGED ABOUT 40 YEARS SHARE NO. 24,

SUKANYA W/O SHANKAREGOWDA AGED ABOUT 36 YEARS SHARE NO. 25

K NANJUNDEGOWDA S/O LATE KEMPEGOWDA AGED ABOUT 42 YEARS SHARE NO. 26,

HANUMANTHEGOWDA S/O LATE CHANNEGOWDA AGED ABOUT 45 YEARS SHARE NO. 41

B. KEMPEGOWDA S/O LATE DODDEGOWDA AGED ABOUT 43 YEARS SHARE NO. 47

SUNEETHA W/O EREGOWDA AGED ABOUT 35 YEARS SHARE NO. 49

H. S. RATHNAMMA W/O B. S. SHIVAKUMARA AGED ABOUT 48 YEARS SHARE NO. 51

HEMANTHGOWDA S/O HANUMANTHEGOWDA AGED ABOUT 36 YEARS

3 - NC: 2023:KHC:36651 WP No. 22421 of 2023

SHARE NO. 53

NAGENDRA B. K

S/O KEMPEGOWDA AGED ABOUT 37 YEARS SHARE NO. 54

15. RAJESH

S/O KAMSEGOWDA AGED ABOUT 33 YEARS SHARE NO. 57

DODDABETTAIAH S/O B. SIDDAIAH AGED ABOUT 45 YEARS SHARE NO. 58

17. POORNIMA

W/O DODDABETTAIAH AGED ABOUT 36 YEARS SHARE NO. 59

18. THAYAMMA

W/O CHIKKAMARIGOWDA AGED ABOUT 37 YEARS SHARE NO. 64

19. HANUMEGOWDA

S/O LATE KEMPEGOWDA AGED ABOUT 46 YEARS SHARE NO. 66

RAMAKRISHNEGOWDA B S/O LATE RAMEGOWDA AGED ABOUT 48 YEARS SHARE NO. 67

4 - NC: 2023:KHC:36651 WP No. 22421 of 2023

21. MANUKUMARA

S/O HANUMANTHEGOWDA AGED ABOUT 32 YEARS SHARE NO. 75

22. RENUKA

W/O KEMPEGOWDA AGED ABOUT 36 YEARS SHARE NO. 76

23. KEMPEGOWDA

S/O LATE DODIREGOWDA AGED ABOUT 42 YEARS SHARE NO. 77

24. JAYAMMA

W/O KEMPEGOWDA AGED ABOUT 40 YEARS SHARE NO. 79

25. K NANDINI

W/O B. K. NAGENDRA AGED ABOUT 35 YEARS SHARE NO. 33

26. THAMMAIAH

S/O MODAIAH AGED ABOUT 45 YEARS SHARE NO. 81

27. BASAVARAJU

S/O LATE HANUMEGOWDA AGED ABOUT 46 YEARS SHARE NO.

5 - NC: 2023:KHC:36651 WP No. 22421 of 2023

28. SAVITHRAMMA

W/O BASAVARAJU AGED ABOUT 38 YEARS SHARE NO. 88

29. SHIVAMARI

S/O LATE SUBBEGOWDA AGED ABOUT 37 YEARS SHARE NO. 132

30. THAYAMMA

W/O S. NANJUNDEGOWDA AGED 39 YEARS SHARE NO. 154

B. K. RAJU

S/O KEMPEGOWDA AGED ABOUT 38 YEARS SHARE NO. 156

B. C. MANJU

S/O CHIKKASWAMY AGED ABOUT 35 YEARS SHARE NO. 174

33. SUMA

W/O HANUMANTHEGOWDA AGED ABOUT 31 YEARS SHARE NO. 89

VINODA W/O R. KUMARA AGED ABOUT 33 YEARS SHARE NO. 91

6 - NC: 2023:KHC:36651 WP No. 22421 of 2023

35. RATHNAMMA

W/O K. NANJUNDEGOWDA AGED ABOUT 38 YEARS SHARE NO. 100

36. NANJUNDASWAMY

S/O LATE CHOWDEGOWDA AGED ABOUT 42 YEARS SHARE NO. 101

B. C. NAGENDRA S/O CHIKKAMARIGOWDA AGED ABOUT 39 YEARS SHARE NO. 102

38. NAGARAJU

S/O LATE SUBBEGOWDA AGED ABOUT 36 YEARS SHARE NO. 107

39. SAVITHA

W/O NAGARAJU AGED ABOUT 35 YEARS SHARE NO. 108

40. NAGALAKSHMI

W/O KRISHNA AGED ABOUT 38 YEARS SHARE NO. 109

41. KRISHNA

S/O LATE PUTTASWAMYGOWDA AGED ABOUT 38 YEARS SHARE NO. 110

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NC: 2023:KHC:36651 WP No. 22421 of 2023

42. SANNAMMA

W/O EREGOWDA AGED ABOUT 42 YEARS SHARE NO. 119

43. PAVITHRA

W/O RAJESH AGED ABOUT 35 YEARS SHARE NO. 180

44. RAMACHANDRA

S/O LATE HANUMEGOWDA AGED ABOUT 42 YEARS SHARE NO. 181

45. ERAJU

S/O LATE HANUMEGOWDA AGED ABOUT 43 YEARS SHARE NO. 182

46. SAVITHA

W/O SHIVAMARI AGED ABOUT 36 YEARS SHARE NO. 195

47. RAVIKUMAR B. R

S/O RAJANNA AGED ABOUT 38 YEARS SHARE NO. 196

48. SUJATHA

W/O NANJUNDEGOWDA AGED ABOUT 34 YEARS SHARE NO. 206

8 - NC: 2023:KHC:36651 WP No. 22421 of 2023

JAYASHEELA W/O NANJUNDEGOWDA AGED ABOUT 40 YEARS SHARE NO. 214

ALL ARE RESIDING AT: V. BASAPURA VILLAGE HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 421

…PETITIONERS

(BY SRI. RUDRAPPA P, ADVOCATE (ABSENT) )

AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M S BUILDING, 6TH FLOOR BANGALORE - 560 001

V. BASAPURA MILK PRODUCERS

CO-OPERATIVE SOCIETY LTD. A REGISTERED CO-OPERATIVE SOCIETY UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959

V BASAPURA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 421 REPRESENTED BY ITS SECRETARY

THE RETURNING OFFICER

V. BASAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.

V. BASAPURA VILLAGE MALAVALLI TALUK, MANDYA DISTRICT - 571 421

9 - NC: 2023:KHC:36651 WP No. 22421 of 2023

THE ELECTION OFFICER AND ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETY (HOUSING AND OTHERS) OFFICE OF THE CO-OPERATIVE NO.1, ALI ASKAR ROAD BENGALURU - 560 052

CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER 3RD FLOOR, SHANTI NAGAR TTMC 'A 'BLOCK, SHANTINAGAR BANGALORE - 560 002

…RESPONDENTS

(BY SRI SIDHARTH, AGA FOR R1, R3, R4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACT OF THE R2 IN DISQUALIFYING THE PETITIONERS FROM THE ELIGIBLE VOTERS LIST IS VIOLATIVE OF RULE 13(D) (3) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 BY ALLOWING THIS WRIT PETITION VIDE ANNEXURE-B AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

10 - NC: 2023:KHC:36651 WP No. 22421 of 2023

ORDER

Learned counsel for the petitioners is absent.

Learned AGA appearing on behalf of respondent Nos.1, 3 and 4 submits that the election to respondent No.2 - Society was conducted on 08.10.2023 and the petitioners have prayed for a right to cast their vote in the said election and that the writ petition has become infructuous.

For the aforementioned reasons, the writ petition is dismissed as having become infructuous.

Sd/JUDGE

MKM List No.: 3 Sl No.: 21 CT: BHK