Smt.Puttalingamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt.Puttalingamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of following the Coordinate Bench ruling in H.S. Raju; Returning Officer directed to announce the election result within seven days counting the votes cast by the petitioners; those votes to remain in a separate ballot box until disposal of any Section 70(2) election dispute; all contentions left open.

Issue for consideration

Whether the writ petition under Articles 226 and 227 seeking inclusion of the petitioners' names in the eligible voters list (Annexure-B) and permission to vote in the Society's Board election is the proper remedy, or whether disputes as to voter eligibility/ineligibility and deficiencies in the final electoral list must be raised only in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 after announcement of results.

Court's answer

Adopting the Coordinate Bench ruling in H.S.Raju vs. State of Karnataka & others (W.P.No.8502/2022 dated 7.6.2022), which not having been challenged has attained finality, and finding the facts more or less similar, this Court held that the said ruling would equally apply to the present matter: disputes as regards eligibility or ineligibility of voters and deficiencies in finalization of the final electoral list for a co-operative society election are not to be entertained by way of a writ petition under Article 226, and can only be considered in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 after announcement of the results.

Ratio / Principle

The Returning Officer is directed to announce the result of the election within seven days of receipt of a copy of the order, taking into account the votes cast by the petitioners.

Key takeaways

In the event of any proceeding under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 relating to the election results, all contentions raised in the writ petition and any that may be raised are left open for consideration in accordance with law; the Court has not expressed any opinion on those issues.ratio¶78
The votes cast by the petitioners, which had been directed to be kept in a separate box, shall continue to be retained in a separate box until disposal of any dispute raised within the prescribed time frame.ratio¶79

Detailed headnote1 paragraphs

Co-operative Societies - Karnataka Co-operative Societies Act, 1959, S. 70(2) - Election to Board of primary agricultural co-operative society - Voter eligibility - 26 members of Bevukallu Primary Agricultural Co-operative Society, declared ineligible voters and omitted from the eligible voters list (Annexure-B), filed writ petition under Arts. 226/227 seeking inclusion of their names and permission to vote in the election to the 6th Board scheduled 30-04-2025; interim orders had allowed them to vote with ballots kept in a separate box - Following the Coordinate Bench decision in H.S. Raju v. State of Karnataka (W.P. No. 8502/2022 dated 7.6.2022), which not having been challenged has attained finality and where the facts were more or less similar, the Court held that a petition under Article 226 is not the proper remedy for any irregularity in the conduct of the election, and disputes as to eligibility/ineligibility of voters and deficiencies in finalization of the final electoral list can only be considered in an election dispute under S. 70(2) after announcement of results - Writ petition disposed of; Returning Officer directed to announce the result within seven days taking into account the votes cast by the petitioners; those votes to remain in a separate box until disposal of any dispute raised within the prescribed time; all contentions left open, the Court expressing no opinion on them.

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NC: 2025:KHC:26001 WP No. 13348 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 13348 OF 2025 (CS-EL/M)

BETWEEN:

SMT.PUTTALINGAMMA W/O SRI. PUTTAIAH AGED ABOUT 55 YEARS SHARE NO. 188/1

SRI. LINGAIAH S/O SRI LINGEGOWDA AGE: 54 YEARS SHARE NO. 107/2

SRI. BASAVARAJU S/O SRI KHANDEPPA AGE: 57 YEARS SHARE NO. 57/6

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

SRI. MADAPPA S/O. SRI SIDDAPPA AGE: 63 YEARS SHARE NO 113/5

SMT. SAVITHRAMMA W/O SHIVARUDRAIAH AGED 58 YEARS SHARE NO. 48/4

SRI. NINGAIAH S/O SRI LATE NINGAIAH AGE: 65 YEARS SHARE NO.127/3

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SRI KULLAIAH S/O SRI KENCHEGOWDA AGED 54 YEARS SHARE NO.129/3

SRI CHANANIAH S/O SRI CHIKKIRAIAH AGE: 57 YEARS SHARE NO.60/4

SRI PRAKASH S V S/O LATE. SIDDAPPA AGE: 53 YEARS SHARE NO.128/4

SRI. CHIKKALINGALAH, S/O SRI. SIDDALINGALAH, AGE: 60 YEARS, SHARE NO. 195/2.

SRI. PRABHU, S/O LATE. KARIYAPPA, AGE: 43 YEARS, SHARE NO.196/4.

SRI. B.M. LINGEGOWDA S/O SRI. MADIAH. AGE: 48 YEARS, SHARE NO. 146/4.

SRI. SHANKARA, S/O LATE. KEMPEGOWDA, AGE: 50 YEARS, SHARE NO. 186/4.

SRI. SHIVALINGALAH, S/O LATE. SIDDEGOWDA, AGE: 59 YEARS, SHARE NO. 66/5.

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SRI. KUMARA, S/O SRI. BORAIAH, AGE 55 YEARS, SHARE NO.144/3.

SRI. H.S. RUDRESH, S/O SRI. H.B. JAYARAMU, AGE 45 YEARS, SHARE NO.171/5.

SMT. NAGAMMA, W/O SRI. KARIGOWDA, AGE: 65 YEARS, SHARE NO.181/4.

SRI. BOREGOWDA, S/O SRI. NINGAIAH, AGE 54 YEARS, SHARE NO.635.

SMT. CHIKKERAMMA, W/O SRI. SANNAIAH, AGE 59 YEARS, SHARE NO.73/6.

SRI. SHANKARASWAMY, S/O SRI. MADAIAH, AGE 58 YEARS, SHARE NO.131/5.

SRI. PUTTEGOWDA, S/O SRI. MAYIGOWDA, AGE 62 YEARS, SHARE NO.54/2.

SRI. SHIVAMURTHY, S/O SRI. SHIVAIAH, AGE 49 YEARS, SHARE NO.131/2.

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SRI. P. PUTTASWAMY, S/O SRI. PAPEGOWDA, AGE 50 YEARS, SHARE NO.73/6.

SRI. VEERABHADRASWAMY, S/O SRI. MADAIAH, AGE 55 YEARS, SHARE NO.154/3.

SRI. REVANNA, S/O SRI. RAJASHEKHARAPPA, AGE 50 YEARS, SHARE NO.136/4

SRI. SHIVALINGAIAH, S/O SRI. CHANNABASAVAIAH, AGE 55 YEARS, SHARE NO.91/2.

ALL ARE THE MEMBERS OF THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCEITY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 405.

…PETITIONERS

(BY SRI. RAVINDRA PRASAD B, ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATIVE, M.S. BUILDING, BENGALURU - 560 001, REP. BY ITS PRINCIPAL SECRETARY.

THE CO-OPERATIVE ELECTION COMMISSIONER, 3^RD FLOOR, SHANTHINAGAR TTMC, "A" BLOCK, K.H. ROAD,

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SHANTHINAGAR,

BANGALORE - 560 027.

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA TALUK, MANDYA DISTRICT - 571 401.

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT - 571 401.

THE RETURNING OFFICER, THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 405.

THE BEVUKALLU PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 405. REP. BY ITS CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER KCS ACT-1959)

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R6 - THE BEVUKALLU PRIMARY AGRICULTURAL COOPERATIVE SOCIETY, MANDYA - SERVED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 AND 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST i.e., ANNEXUREB, AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE 6TH SOCIETY BOARD WHICH IS SCHEDULE TO BE HELD ON 30-04-2025 AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others¹ has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

1 W.P.No.8502/2022 dated 7.6.2022

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The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.

In that view of the matter, I pass the following:

ORDER

i) The Writ Petition is disposed of .

ii) The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters.

iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues.

iv) The votes cast by the petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until

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the disposal of the dispute if any raised within the time frame prescribed.

SD/(SURAJ GOVINDARAJ) JUDGE

VM List No.: 2 Sl No.: 16 CT: BHK