C. R. Suresh Kumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

C. R. Suresh Kumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: Returning Officer directed to count the votes including those cast by the petitioners in the election held on 02.02.2025 to the Board of Directors of the respondent-society, keep the petitioners' votes in a separate sealed box after counting, and announce the results; eligibility of the petitioners to vote left open to be decided in a dispute under Section 70(2)(c) of the Act, uninfluenced by the interim order, with the effect of excluding such votes on the result to be taken into account.

Issue for consideration

Whether the petitioners, whose names were excluded from the final voters list for the election to respondent No.5 Bank without individual notice (urged to be contrary to Rule 13(D)(2-A) of the Karnataka Co-Operative Societies Rules, 1960), are entitled to be treated as eligible voters and to have their votes counted as valid votes in the election held on 02.02.2025.

Court's answer

The Returning Officer shall count the votes including the votes cast by the petitioners in the election held on 02.02.2025 to the Board of Directors of the respondent-society and announce the results.

Ratio / Principle

Whether the petitioners would incur disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70(2)(c) of the Act.

Key takeaways

A dispute raised under Section 70(2)(c) questioning the eligibility of the petitioners to vote shall be decided without being influenced by the interim order granted by this Court; the interim order confers no finding on the petitioners' eligibility to vote.ratio¶175
The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in that regard.ratio¶176
In any dispute on the eligibility of the petitioners to vote, the effect of holding the petitioners ineligible and excluding their votes on the final outcome of the election results shall also be taken into account before passing final orders.

Detailed headnote1 paragraphs

Co-operative Society Election - Voters List: Eighty-five members of the Grain Merchants Co-operative Bank Ltd., Bengaluru, whose names were excluded from the final voters list for the election to the Board of Directors held on 02.02.2025 without individual notice (contention: non-compliance with Rule 13(D)(2-A) of the Karnataka Co-Operative Societies Rules, 1960), approached the Court under Articles 226/227 after an interim arrangement of 30.01.2025 had permitted them to vote. Following the coordinate Bench's approach in H.S. Raju and others v. State of Karnataka and others, 2022 (4) AKR 775, the Court disposed of the petition, directing the Returning Officer to count the votes including those cast by the petitioners, keep them in a separate sealed box, and announce the results. Whether the petitioners incur disqualification to vote is a question of fact to be decided by the appropriate authority in a dispute under Section 70(2)(c) of the Act; such dispute is to be decided without being influenced by the interim order, and the effect of excluding the petitioners' votes on the final result is to be taken into account. The Court expressed no view on the merits or demerits of the petitioners' ineligibility.

1 - NC: 2025:KHC:5913 WP No. 2734 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2734 OF 2025 (CS-EL/M)

BETWEEN:

C. R. SURESH KUMAR S/O. RAMAKRISHNA AGED ABOUT 63 YEARS MEMBERSHIP NO.R11062

SHOBHA BAI R

W/O. C.R SURESH KUMAR AGED ABOUT 49 YEARS MEMBERSHIP NO.R16626

KIRAN CHAVAN S/O. C.R SURESH KUMAR AGED ABOUT 29 YEARS

MEMBERSHIP NO.R16625

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

G. KOKILA W/O. CHANDRASHEKAR AGED ABOUT 59 YEARS

MEMBERSHIP NO.R08774

CHANDRASHEKAR

S/O. LATE MUNIRATHNAM NAIDU AGED ABOUT 66 YEARS MEMBERSHIP NO.R13193

RAJIV C S/O. CHANDRASHEKAR

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AGED ABOUT 36 YEARS MEMBERSHIP NO.R13267

B.V BHASKAR RAO S/O. LATE VENKATESHALU AGED ABOUT 65 YEARS MEMBERSHIP NO.R008003

B. LAKSHMIDEVI W/O. B.V BHASKAR RAO AGED ABOUT 54 YEARS MEMBERSHIP NO.R008021

N. RANGANNA S/O. NARAYANAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.R005934

D.V NAGABHUSHAN S/O. D.N VASUDEVASETTY AGED ABOUT 67 YEARS MEMBERSHIP NO.R5220

SUVARNA D.N. D/O. D.V NAGABHUSHAN AGED ABOUT 66 YEARS MEMBERSHIP NO.R7032

LALCHAND VAISHNAV S/O. LATE NARAYAN DAS AGED ABOUT 65 MEMBERSHIP NO.R009080

OMPRAKASH VAISHNAV S/O NARAYAN DAS AGED ABOUT 65 YEARS

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MEMBERSHIP NO.R009741

M.S SHIVAPRAKASH

S/O LATE M.S SIDDALINGADEVARU AGED ABOUT 61 YEARS MEMBERSHIP NO.R010837

SUMAPRAKASH

W/O. SHIVAPRAKASH AGED ABOUT 55 YEARS MEMBERSHIP NO.R016689

SHIVAPRIYA

W/O. SUDHAKAR KRISHNA MURTHY AGED ABOUT 42 YEARS MEMBERSHIP NO.R20113

S. NANJUNDA RAO

S/O. LATE SHANKAR RAO AGED ABOUT 72 YEARS MEMBERSHIP NO.R5091

M.P AMARNATH

S/O.PANDURANGASETTY M.K AGED ABOUT 60 YEARS MEMBERSHIPNO.R3039

S. BHASKAR

S/O. LATE V. SATYANARAYANASETTY AGED ABOUT 63 YEARS MEMBERSHIP NO.R03230

D.A RAMACHANDRA GUPTA S/O ASHWATHNARAYANSETTY AGED ABOUT 82 YEARS MEMBERSHIP NO.R05679

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K.S PARTHASARATHY

S/O LATE K.V RAMAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO.R009864

SUKUMAVAISHNAV W/O OMPRAKASHVAISHNAV AGED ABOUT 56 YEARS MEMBERSHIP NO.R10829

K.S.V SUBRAMANYA S/O K.V.S RAMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.R10807

K.S SATHYANARAYAN S/O K.V.S RAMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.R10806

R. MANJUANTH S/O RAJAN REDDY AGED ABOUT 58 YEARS MEMBERSHIP NO.R13640

K.R LOKANATH

S/O RAMABHADRAIAHSETTY AGED ABOUT 56 YEARS MEMBERSHIP NO.R4407

K.S SHANTHARAM S/O K.V.S RAMAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.R10805

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28. PUSHPALATHA

W/O LATE SURENDRA KUMAR AGED ABOUT 63 YEARS MEMBERSHIP NO.R16151

29. MUNISH

S/O LATE SURENDRA KUMAR AGED ABOU63 YEARS MEMBERSHIP NO.R16152

VENKATESH BABU S/O C.P SUBBARAJSETTY AGED ABOUT 70 YEARS MEMBERSHIP NO.R7419

P.S SHANKAR NARAYAN W/O LATE SUBBARAJSETTY AGED ABOUT 62 YEARS MEMBERSHIP NO.R6281

T. KESHAVASETTY S/O H. THIPPAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO.R11725

N.V BABU

S/O N. VENKATESH CHALAPATHY SETTY AGED ABOUT 64 YEARS MEMBERSHIP NO.R3277

D. JAYAKUMAR

S/O DHASHARTHANSETTY AGED ABOUT 72 YEARS MEMBERSHIP NO.R4011

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C.P JAYALAKSHMI S/O C.N PARAVATHARAJ AGED ABOUT 64 YEARS MEMBERSHIP NO.R4006

P.B. PREMANANDA S/O BALARAMSETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.R5561

HANIF DADA ALIGHANCHE S/O LATE DADA ALI AGED ABOUT 61 YEARS MEMBERSHIP NO.R3883

INDUMATHI P W/O P.B PREMANANDA AGED ABOUT 58 YEARS MEMBERSHIP NO.R3909

MUKUNDA RAO S/O B.A BAIROJI RAO AGED ABOUT 75 YEARS MEMBERSHIP NO.R4628

M.L MANJUNATH

S/O D.M LAKSHMINARAYANSETTY AGED ABOUT 64YEARS MEMBERSHIP NO.R4870

S. NANJUNDA RAO S/O LATE SHANKA RAO AGED ABOUT 72 YEARS MEMBERSHIP NO.R5091

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42. B.P PRASAD

S/O LATE PUTTAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.R5360

LEELAVATHI W/O M JANARDHAN AGED ABOUT 59 YEARS MEMBERSHIP NO.R09011

JANARDHAN S/O NANJUNDAIAH AGED ABOUT 63 YEARS MEMBERSHIP NO.R8647

D.K SANJAY KUMAR S/O D.N KRISHNAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.R10566

P.N SHIVAKUMAR S/O NANJUNDARAJ AGED ABOUT 63 YEARS MEMBERSHIP NO.R10767

N.A SATHYANARAYANA S/O LATE ANJANAIAH SETTY AGED ABOUT 49 YEARS MEMBERSHIP NO.R11783

MAHIPAL SANGAR S/O PUKRAJ SINGVI AGED ABOUT 60 YEARS MEMBERSHIP NO.R12659

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49. S. ANANDAN

S/O SHIVAPRAKASH AGED ABOUT 51 YEARS MEMBERSHIP NO.R15923

B.A PANKAJA S/O MURALI AGED ABOUT 45 YEARS MEMBERSHIP NO.R014126

M.L NARASIMHA GUPTA S/O LAKSHMINARAYANSETTY AGED ABOUT 62 YEARS MEMBERSHIP NO.R5237

M. MURALI

S/O P. MUNIYAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.R015835

JAYANTHI W/O MUNISH AGED ABOUT 33 YEARS MEMBERSHIP NO.R1649

54. AJAY R

S/O RADHA KRISHNAN AGED ABOUT 33 YEARS MEMBERSHIP NO.R16150

55. JAYAMMA

W/O SIDDA REDDY AGED ABOUT 72 YEARS MEMBERSHIP NO.R04051

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K.S SHANTHARAM S/O K.V.S RAMAIAH AGED ABOUT 65 YEARS MEMBERSHIP NO.R10805

P.S SRINIVASSETTY S/O C.P SUBBARAJSETTY AGED ABOUT 70 YEARS MEMBERSHIP NO.R6561

P.S VANITHA W/O SRINIVASRAJSETTY AGED ABOUT 66 YEARS MEMBERSHIP NO.R07574

H.R BASAVARAJ S/O LATE H.M RUDRAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO.R3227

S MUNIKRISHNA S/O SRINIVAS AGED ABOUT 46 YEARS MEMBERSHIP NO.R4783

S. SRINIVASAN S/O MUNIKRISHNA AGED ABOUT 51 YEARS MEMBERSHIP NO.R11259

LAKSHMAN K S/O K SUBBANNA AGED ABOUT 68 YEARS MENBERSHIP NO. R004368

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D. SURYANARAYAN S/O DEVANATH SETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.R6010

N. NARASIMHA MURTHY S/O G.K NARASIMAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.R05008

N. PRASAD S/O G.K NARASIMAIAH AGED ABOUT 68 YEARS MEMBERSHIP NO.R05496

N. GOPAL S/O G.K NARASIMAIAH AGED ABOUT 66 YEARS MEMBERSHIP NO. R3693

NITHYASHREEGOPAL W/O N. GOPAL AGED ABOUT 60 YEARS MEMBERSHIP NO.R05115

KUMAR N

S/O G.K NARASIMAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.R16833

N. VIJAY KUMAR S/O K. SUBBAIAH AGED ABOUT 62 YEARS MEMBERSHIP NO.R07667

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NAVEEN S

S/O V.SRINIVASHALU AGED ABOUT 55 YEARS MEMBERSHIP NO.R09527

S. DAYANAND

S/O SRINIVASHALU AGED ABOUT 55 YEARS MEMBERSHIP NO.R08266

M.L ANANTHARAM S/OLAKSHMINARATANSETTY AGED ABOUT 74 YEARS MEMBERSHIP NO.R03047

M.L SATHYANARAYAN S/O D.M LAKSHMINARAYANSETTY AGED ABOUT 65 YEARS MEMBERSHIP NO.R013894

L.R SATISH S/O L RAMAIAH AGED ABOUT 54 YEARS MEMBERSHIP NO.R10607

N. MANI AMAR S/O NAGARAJ M AGED ABOUT 38 YEARS MEMBERSHIP NO.R13937

RANGAVENDRA G.A S/O ASHWATH AGED ABOUT 48 YEARS MEMBERSHIP NO.R014534

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B.E PRAKASH S/O ESHWARAPPA AGED ABOUT 46 YEARS MEMBERSHIP NO.R014413

D.K PUSHPANJALI W/O B.E PRAKASH AGED ABOUT 44 YEARS MEMBERSHIP NO.R014336

K.H PRAMEELA W/O K.H PRAMOD AGED ABOUT 55 YEARS MEMBERSHIP NO.R015446

B.N ANANDA S/O NARASIMAIAH AGED ABOUT 78 YEARS MEMBERSHIP NO.R2940

N. ASHA S/O LATE NAGESH AGED ABOUT 54 YEARS MEMBERSHIP NO.R7815

A. GANESHAN S/O LATE ANNAMALAI AGED ABOUT 65 YEARS MEMBERSHIP NO.R3674

B.R CHANDRASHEKAR S/O RAMASWAMY AGED ABOUT 78 YEARS MEMBERSHIP NO.R3425

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84. VIJAYALAKSHMI

W/O B.R CHANDRASHEKAR AGED ABOUT 76 YEARS MEMBERSHIP NO.R2911

M. SANTHOSH S/O D. MUNIRATHNAM NAIDU AGED ABOUT 48 YEARS MEMBERSHIP NO.R014067

ALL ARE MEMBERS OF THE GRAIN MERCHANTS CO-OPERATIVE BANK LTD, NO.2, PAMPA MAHAKAVI ROAD, CHAMARAJAPETE, BENGALURU-560 018

…PETITIONERS

(BY SRI. SANDESH T B., ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY

THE STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU DISTRICT-560 001

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU SUB-DIVISION - 560001 BENGALURU TALUK, BENGALURU DISTRICT-560001

CHIEF EXECUTIVE OFFICER. THE GRAIN MERCHANTS CO OPERATIVE BANK LTD., NO.2 PAMPAMAHAKAVI ROAD, CHAMRAJAPETE, BENGALURU 560 018 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)

RETURNING OFFICER THE GRAIN MERCHANTS CO OPERATIVE BANK LTD., NO.2 PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU 560018 (BANK REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959)

…RESPONDENTS

(BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4 AND R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. T.P. MUTHANNA, ADVOCATE FOR R5)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R5 BANK WHICH IS SCHEDULED TO BE HELD ON 02.02.2025 AND ETC.

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

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

The petitioners are seeking for the following

prayers:-

"i) Issue a writ of mandamus directing the respondent no.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections to the respondent no.5 Bank which is scheduled to be held on 02.02.2025 the interest of justice and equity.

(ii) Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued."

This Court by way of an interim arrangement on 30.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition.

Heard Sri Sandesh T. B., learned counsel for

the petitioners, Sri. Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3, 4 and 6, Sri. T.L. Kiran Kumar, learned counsel for respondent No.2

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and Sri. T.P. Muthanna, learned counsel for respondent No.5.

Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.

Learned counsel for respondent No.5-Bank fairly submits that respondent No.5-Bank has not followed the mandatory requirements of the Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (herein after referred to as ‘the Rules’ for short) and submits that the cast votes of the petitioners to be included while counting and the results to be announced.

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It is brought to the notice of this Court that

under identical circumstances the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others¹ (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Act. Whether the petitioners would incur disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:

ORDER

i. Writ petition is disposed of.

ii. The Returning Officer to count the votes including the votes cast by petitioners in the election held on 02.02.2025 to the Board of Directors of respondent-society and announce the results.

1 2022 (4) AKR 775

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iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society.

iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard.

v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders.

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vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting.

vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners.

Sd/-

_______________________ JUSTICE K.S. HEMALEKHA

AT List No.: 1 Sl No.: 31 CT:SNN