Partly allowed

Smt Badramma v. the State of Karnataka

Karnataka HC14 Feb 2024WP/2333/2024

Case brief

AI extract

What is this about?

Writ petition by members of a milk producers' co-operative society challenging an ineligible voters list for non-compliance with Rule 13-D(2-A) of the Rules, 1960. The court recalled its earlier order to correct a clerical error and allowed the petition in part, directing counting of the petitioners' votes while keeping their eligibility open.

What did the court decide?

Petitioners' votes to be counted and results announced; ballots sealed separately; eligibility left open for Section 70(2)(c) disputes.

Smt Badramma Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 2333 OF 2024 (CS-EL/M)

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BETWEEN:

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SMT BADRAMMA W/O CHOWDAPPA AGED ABOUT 75 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED

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SRI MUNIVENKATAPPA S/O MUNISHAMI AGED ABOUT 80 YEARS

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SENIOR CITIZEN BENEFIT NOT CLAIMED

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SRI CHOWDAREDDY S/O NARAYANAPPA AGED ABOUT 75 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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SR V RAVINDAR S/O VENKATARAMANAPPA AGED ABOUT 58 YEARS

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SRI LAKSHMANA S/O MUNIYAPPA AGED ABOUT 65 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SRI NARAYANASWAMY S/O VENKATARAMANAPPA AGED ABOUT 56 YEARS

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SRI KRISHNAPPA S/O GANJAPPA AGED ABOUT 58 YEARS.

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2 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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SRI V NARAYANAPPA S/O V VENKATESHAPPA AGED ABOUT 42 YEARS

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SMT KAMAKSHAMMA W/O V RAVINDRA AGED ABOUT 48 YEARS

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SMT REDDAMMA W/O V VENAKATAREDDY AGED ABOUT 65 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SRI CHNADRAIAH S/O VENKATACHALUVAIAH AGED ABOUT 65 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SRI GANESH W/O NAGAPPA AGED ABOUT 31 YEARS

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SRI V NARASIMMAPPA S/O VENKATASHAMI AGED ABOUT 56 YEARS

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SMT MUNILAKSHMAMMA S/O VENKATESHAPPA AGED ABOUT 60 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SMT BHARATAMMA WO SREERAMAREDDY AGED ABOUT 46 YEARS

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SMT KAMALAMMA W/O BYRAREDDY AGED ABOUT 60 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SMT BAYAMMA

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NC: 2024:KHC:4585 WP No. 2333 of 2024

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W/O NARAYANASWAMY AGED ABOUT 60 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SRI ANJAPPA S/O SEETARAMAPPA AGED ABOUT 67 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SMT CHOWDRAMMA W/O NARAYANASWAMY AGED ABOUT 68 YEARS

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SMT PARAVATAMMA W/O ANJAPPA AGED ABOUT 60 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SMT JYAMMA W/O CHOWDAPPA AGED ABOUT 65 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SMT MANJAMMA W/O CHANNAPPAREDDY AGED ABOUT 55 YEARS

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SMT MANJJLA W/O LAKSHMANA AGED ABOUT 35 YEARS

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SMT VEENA W/O GOPALREDDY AGED ABOUT 58 YEARS

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SMT JAYAMMA W/O RAMEGOWDA AGED ABOUT 58 YEARS

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SRI A S MANJJNATHAREDDY S/O N SREERAMAREDDY

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4 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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AGED ABOUT 46 YEARS

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SMT NANJAMMA W/O N SREERAMAREDDY AGED ABOUT 65 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SRI N NRASIMMAREDDY S/O MUNAPPA AGED ABOUT 56 YEARS

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SRI LAKSHMIDEVAMMA S/O LATE M VENKATARAMAREDDY AGED ABOUT 55 YEARS

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SRI V RATNAIAH S/O/ VENKATARAVANAPPA AGED ABOUT 50 YEARS

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SRI VENKATARAMAREDDY V S/O VENKATASHAMIREDDY AGED ABOUT 60 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMING

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SMT PADMAMMA W/O V VENKATARAMAREDDY AGED ABOUT 55 YEARS

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SMT LAKSHMIDEVEAMMA W/O SREERAMAPPA AGED ABOUT 61 YEARS

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SENIOR CITIZEN BENEFIT NOT CLAIMING

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SRI JAYASHIVAPRAKASH S/O GANGADAHAR DIXITH AGED ABOUT 45 YEARS

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SL.NO.1 TO 34 ARE R/AT ALAVATTA VILLAGE J THIMMASANDRA POST KASABA HOBLI

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5 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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SREENIVASAPURA TALUQ KOLARA DISTRICT, KOLAR - 563 135.

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…PETITIONERS

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(BY SRI KALLESHAPPA K S, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BANGALORE - 560001.

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THE STATE CO-OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER, 3^RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTHINAGARA,

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BANGALORE - 560 027.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, IN KARNATAKA NO 1, ALI ASKAR ROAD BENGALURU - 560001.

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ALAVATA MILK PRODUCERS CO-OPERATIVE SOCIETY ALAVATTA VILLAGE, J THIMMASANDRA POST, KASABA HOBLI, SRENIVASAPURA TALUK, KOLAR DISTRICT - 563 135, REPRESENTED BY ITS SECRETARY.

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CO-OPERATIVE DEVELOPMENT OFFICER, THE RETURNING OFFICER, SRINIVASAPURA TALUQ, KOLAR DISTRICT, KOLARA - 563 135.

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DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR, KOLAR DISTRICT, KOLAR - 563 135.

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…RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3, R5 & R6 SRI T L KIRAN KUMAR, ADVOCATE FOR R2, SMT SARSWATHI M, ADV. FOR R4)

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6 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LIST OF INELIGIBLE VOTERS LIST PUBLISHED BY THE R4 DTD NIL AS PER ANNEXURE A SO FAR AS PETITIONER CONCERNED TO THE ABOVE WRIT PETITION.

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THIS PETITION COMING ON FOR BEING SPOKEN TO THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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This petition was disposed of vide order dated 02.02.2024. The petition is filed on the premise that the procedures contemplated under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (Hereinafter referred to as the 'Rules, 1960' for short) are not followed. This Court has granted interim order vide order dated 23.01.2024 and permitted the petitioners to cast vote in the election. Thereafter, notices were issued to the respondents and respondent-Society appeared and admitted that the requirements of Rule 13-D(2-A) Rules, 1960 are not complied. In this background, this Court has followed the law laid down in the case of H S RAJU AND OTHERS vs STATE OF KARNATAKA AND OTHERS (2022(4) AKR 775) and allowed the writ petition in part.

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NC: 2024:KHC:4585 WP No. 2333 of 2024

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However, the final order signed by the Court turned out pertaining to another petition involving similar issues where the Society contested the petitioners' claim.

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The learned counsel for the petitioners has brought to the notice of this Court the error crept in and the learned counsel for the respondent-State as well as the Society would fairly submit that the petition was allowed-in-part on the previous date directing the petitioners' vote to be counted, with certain conditions.

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Considering the submission made at the Bar

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and after perusal of the records, this Court is of the view that the order dated 02.02.2024 is recalled and substituted by the following order:-

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ORDER

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(i) The writ petition is Allowed-in-part .

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(ii) Returning Officer shall announce the results of the election to the Board of respondent - Society held on 25.01.2024 by counting the votes of the petitioners.

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8 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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(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 and contest 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 and contest in the election to the board of respondentsociety. It is made clear that this Court while granting interim order in favour of the petitioners, did not give any finding on the eligibility of the petitioners to vote and contest in the election to the board of the respondent-society.

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(iv) The question as to the eligibility of the petitioners to vote and contest 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 and contest in the election to the board of respondent-Society is raised, the effect of

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9 - NC: 2024:KHC:4585 WP No. 2333 of 2024

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holding the petitioners ineligible to vote and excluding such votes and excluding ineligible candidates on the final outcome of the election results shall also be taken into account before passing final orders.

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(vi) The ballot papers containing the votes cast by the petitioners shall be kept in a separate sealed box after counting.

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(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.

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Sd/JUDGE

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CHS

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List No.: 1 Sl No.: 29

Smt Badramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Badramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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