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

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

1 - WP No. 5592 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF APRIL, 2023

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 5592 OF 2023 (CS-EL/M)

BETWEEN:

RATHNAMMA W/O MAHESHWARAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO.38/1

PARASAPPA S/O VEERABHADRAPPA AGED ABOUT 40 YEARS SHARE NO.45/1

PUTTAPPA GOWDA W/O JAYADEVAPPA GOWDA AGED ABOUT 50 YEARS SHARE NO.139/1

Digitally signed by POORNIMA SHIVANNA

Location: HIGH COURT OF KARNATAKA

KRISHNA J S/O JNANAMURTHY AGED ABOUT 36 YEARS SHARE NO.172/1

THARAMMA W/O JAMBAPPA AGED ABOUT 61 YEARS SHARE NO.186/2

KUSUMAMMA W/O HUCHHAPPA AGED ABOUT 47 YEARS SHARE NO.41/3

SHIVKUMAR K S/O KERIYAPPA AGED ABOUT 29 YEARS SHARE NO.198/2

2 -

WP No. 5592 of 2023

B GANAPATHI RAO S/O CHANDRAPPA AGED ABOUT 42 YEARS SHARE NO.76/3

SHIVKUMAR S/O KRISHNAPPA AGED ABOUT 40 YEARS SHARE NO.58/3

SUJATHA W/O ESHWARAPPA AGED ABOUT 58 YEARS SHARE NO.142/3

JAYAKUMAR S/O YUVARAJAPPA AGED ABOUT 38 YEARS SHARE NO.163/3

K GOPALAPPA S/O MAHADEVAPPA AGED ABOUT 58 YEARS SHARE NO.197/3

MANJUNATH J S/O GOALAPPA AGED ABOUT 32 YEARS SHARE NO.199/3

NINGARAJA K G S/O K GOPALAPPA AGED ABOUT 28 YEARS SHARE NO.198/3

HUVAMMA W/O CHINNAPPA AGED ABOUT 50 YEARS SHARE NO.200/3

JAYENDRA S/O BHIMAPPA AGED ABOUT 42 YEARS SHARE NO.1/4

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WP No. 5592 of 2023

CHINNAPPA S/O HUCHAPPA AGED ABOUT 55 YEARS SHARE NO.5/4

RUKMINIYAMMA W/O KUPPENAGAPPA AGED ABOUT 68 YEARS SHARE NO.11/4

KRISHNAPPA S/O DYAVAPPA AGED ABOUT 53 YEARS SHARE NO.13/4

PANDURANGA S/O HUCHAPPA AGED ABOUT 47 YEARS SHARE NO.18/4

HEMAVATHI W/O ESHWARAPPA AGED ABOUT 56 YEARS SHARE NO.56/4

M T VEERESH GOWDA S/O MAHESHWARAPPA GOWDA AGED ABOUT 33 YEARS SHARE NO.66/4

JAYADEVAPPA GOWDA S/O BANGARAPPA GOWDA AGED ABOUT 70 YEARS SHARE NO.69/4

SHIVAKUMAR S/O MAHADEVAPPA AGED ABOUT 40 YEARS SHARE NO.80/4

RAMAPPA S/O KERIYAPPA AGED ABOUT 61 YEARS SHARE NO.136/4

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WP No. 5592 of 2023

BENKAMMA W/O RUDHRAPPA AGED ABOUT 65 YEARS SHARE NO.137/4

JADIYAPPA S/O BASAPPA AGED ABOUT 67 YEARS SHARE NO.148/4

GIRIJAMMA W/O JADIYAPPA AGED ABOUT 62 YEARS SHARE NO.160/4

BHARATH S/O INDUDAR AGED ABOUT 38 YEARS SHARE NO.179/4

SIDDAIAH S/O LINGAIAH AGED ABOUT 50 YEARS SHARE NO.5/5

SUJATHA W/O KARIBASAPPA AGED ABOUT 45 YEARS SHARE NO.16/5

NAGAVEERAPPA GOWDA S/O DANAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO.31/5

RATHNAMMA W/O MALLESHAPPA AGED ABOUT 50 YEARS SHARE NO.122/5

KUMAR S/O PINCHAPPA AGED ABOUT 58 YEARS SHARE NO.113/1

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WP No. 5592 of 2023

KUMARAPPA S/O DYVAPPA AGED ABOUT 50 YEARS SHARE NO.25/5

MALLIKARJUNA K R S/O RAJASHEKARAPPA GOWDA AGED ABOUT 60 YEARS SHARE NO.90/1

ANNAPURNA W/O PUTTAPPA GOWDA AGED ABOUT 50 YEARS SHARE NO.178/3

LALITHA W/O PRABHUDEV AGED ABOUT 48 YEARS SHARE NO.9/4

JAYAKUMAR S/O MAHESHWARAPPA GOWDA AGED ABOUT 48 YEARS SHARE NO.131/5

CHANDRAPPA GOWDA S/O VEERAPPA GOWDA AGED ABOUT 53 YEARS SHARE NO.140/4

ARUN KUMAR K S/O ANANDAPPA GOWDA AGED ABOUT 27 YEARS SHARE NO.137/5

ALL ARE MEMBERS OF MAVALI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MAVALI VILLAGE, SORAGA TALUK SHIVAMOGGA DISTRICT

…PETITIONERS

(BY SRI. GIRISH.B.N., ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION

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WP No. 5592 of 2023

M.S.BUILDING, DR.B.R. AMBEDKAR VEEDHI BENGALURU-560001

REP. BY ITS PRINCIPAL SECRETARY

THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H. ROAD, SHANTHINAGAR BANGALORE-560027 REP. BY ITS SECRETARY

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA DISTRICT SHIVAMOGGA-577201

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SAGAR SUB-DIVISION SAGAR TALUK SHIVAMOGGA DISTRICT-577401

MAVALI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MAVALI VILLAGE, SORABA TALUK SHIVAMOGGA DISTRICT-577201 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SOCIETY REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959

THE RETURNING OFFICER MAVALI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MAVALLI VILLAGE, SORABA TALUK SHIVAMOGGA DISTRICT-577201 SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959

…RESPONDENTS (BY SMT. A.R.SHARADAMBA, AGA FOR R1, R3, R4 AND R6; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-B AND PERMIT THE PETITIONERS TO CAST ITS VOTE IN THE UPCOMING ELECTIONS TO R-5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.03.2023 AND ETC.

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WP No. 5592 of 2023

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

ORDER

Learned counsel for the petitioner submits that the election has already been held, the above petition has been rendered infructuous.

Accepting his submission, the petition is dismissed

as infructuous.

Sd/JUDGE

SR List No.: 1 Sl No.: 11