Sri Narayanaswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Narayanaswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to raise a dispute under Section 70 of the KCS Act before the appropriate authority within ten days; Returning Officer (respondent No.5) directed to announce the election result without counting the votes cast by the petitioners, preserving them separately.

Issue for consideration

Whether the petitioners, whose names appeared in the final ineligible voters list, were entitled to a writ of mandamus directing respondent No.5 to include their names in the eligible voters' list and permit them to contest and cast votes in the society election. +1 more

Ratio / Principle

Since the election for the society had already been held and the petitioners had cast their votes pursuant to the interim order dated 09.10.2025 (votes kept separately), the petitioners were required to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act before the appropriate authority.

Key takeaways

The petition was disposed of, reserving liberty to the petitioners to approach the appropriate authority and raise a dispute under Section 70 of the KCS Act within ten days from receipt of the order; the Returning Officer (respondent No.5) was directed to announce the election result without counting the votes already cast by the petitioners but preserving them separately.ratio¶¶79

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Oral Order by Mrs. Justice M G Uma, WP No. 30485 of 2025 (CS-EL/M), decided 07-11-2025: Twenty-five members of Chikkathekahalli Milk Producers Co-operative Society Ltd. (registered under the Karnataka Cooperative Societies Act 1959), filed under Articles 226 and 227 of the Constitution, sought quashing of the final ineligible voters list (Annexure-C) published by the Returning Officer (respondent No.5) and approved by respondent Nos.2 to 4, and a mandamus directing inclusion of their names in the eligible voters' list and permission to contest and vote in the election scheduled for 19.10.2025. As the election had already been held — the petitioners having been permitted by interim order dated 09.10.2025 to cast votes, which were kept separately — the High Court held that the petitioners were required to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act before the appropriate authority. The petition was disposed of with liberty to file such a dispute within ten days; the Returning Officer was directed to announce the election result without counting the petitioners' votes, preserving them separately.

Parties & counsel

AI extract

petitioner
Sri Narayanaswamy S/o Sri Chikkachannappa (Membership No. 46)¶¶10
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Gayithri W/o N. Murali (Membership No. 03)¶¶11
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Narayanaswamy S/o Bachappa (Membership No. 08)¶¶12
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri T.N Srinivasa S/o Narayanappa (Membership No. 18)¶¶15
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Gangappa S/o Anjinappa (Membership No. 31)¶¶16
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Devaraju T.N S/o Nagappa (Membership No. 65)¶¶17
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Dyavappa S/o Venkatarayappa (Membership No. 68)¶¶20
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Anjinappa S/o Narayanappa (Membership No. 104)¶¶21
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Siddachannakrishnappa S/o Muniyappa (Membership No. 104)¶¶22
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Krishnappa S/o Mopirappa (Membership No. 148)¶¶23
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Munilakshmamma W/o Ramachandrappa (Membership No. 153)¶¶24
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Krishnamma W/o Nanjundappa (Membership No. 163)¶¶25
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri R. Manjunatha S/o Ramakrishnappa (Membership No. 166)¶¶26
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Narashimappa S/o Doddamunishamappa (Membership No. 190)¶¶27
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Nirmalamma @ Nirmala D/o Channakrishnappa (Membership No. 197)¶¶30
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Rukminiyamma W/o Narayanaswamy (Membership No. 207)¶¶31
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Narayanaswamy S/o Chikkachannappa (Membership No. 216)¶¶32
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt Saraswathamma W/o Ramakrishnappa (Membership No. 217)¶¶33
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt Chanakrishnamma W/o Narayanaswamy (Membership No. 218)¶¶34
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri R. Manjunatha S/o Ramappa (Membership No. 222)¶¶35
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Saraswathamma W/o Hanumanthappa (Membership No. 179)¶¶36
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt. Manjulamma W/o Devaraja T.N (Membership No. 132)¶¶37
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Ashok V. S/o Venkatareddy (Membership No. 07)¶¶38
Vidyashree K.S., Chowdareddy T.M.
petitioner
Sri Anjinappa S/o Narasappa (Membership No. 133)¶¶42
Vidyashree K.S., Chowdareddy T.M.
petitioner
Smt Rathnamma W/o Narayanappa (Membership No. 156)¶¶43
Vidyashree K.S., Chowdareddy T.M.
respondent
The State of Karnataka, Department of Co-operation, represented by its Principal Secretary¶¶48
Yogeh D. Naik
respondent
The State Co-operative Election Authority, represented by its Secretary¶¶49
Devaraja .A.
respondent
The Deputy Registrar of Co-operative Societies, Chikkaballapura Division District, Chikkaballapura¶¶50
Yogeh D. Naik
respondent
The Assistant Registrar of Co-operative Societies, Chikkaballapura Sub Division, Chikkaballapura¶¶51
Yogeh D. Naik
respondent
The Returning Officer, Chikkathekahalli Milk Producers Co-op. Society Ltd.¶¶56
Yogeh D. Naik
respondent
Chikkathekahalli Milk Producers Co-op. Society Ltd., by its Chief Executive Officer¶¶57
Pruthvi Wodeyar

Coram

AI extract

Mrs. Justice M G Umaauthor¶¶63