Smt Mamatha Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt Mamatha Vs 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 announce the election result within seven days counting the votes cast by the petitioners; segregated ballots to be retained pending any Section 70(2) election dispute, in which all contentions remain open.

Issue for consideration

Whether the petitioners, excluded from the eligible voters list of the R-6 co-operative society, could obtain inclusion in the voters list and the right to vote in the elections scheduled for 09.02.2025 through a writ of mandamus under Articles 226 and 227. +1 more

Court's answer

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

Ratio / Principle

Since the Coordinate Bench judgment in H.S.Raju vs. State of Karnataka & others had not been challenged and had attained finality, and the facts here are more or less similar, its conclusion applies equally to the present matter.

Key takeaways

Applying the relied-upon Coordinate Bench conclusion, a dispute as regards eligibility or ineligibility of voters and deficiencies in the final electoral list is not to be pursued by way of an Article 226 petition; it 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, counting even the votes cast by the petitioners.ratio¶57
In the event of any proceeding being filed under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 in relation to the election results, all contentions raised or raisable are left open for consideration in accordance with applicable law; the Court expressed no opinion on those issues.obiter¶65

Detailed headnote1 paragraphs

WP No. 3591 of 2025 (CS-EL/M), High Court of Karnataka at Bengaluru (Suraj Govindaraj J.), decided 03.04.2025. Twenty petitioners excluded from the eligible voters list of the Primary Co-operative Agricultural and Rural Development Bank Ltd., Bengaluru North sought, under Articles 226 and 227 of the Constitution, a writ of mandamus to be enrolled and permitted to vote in the elections scheduled for 09.02.2025; interim orders had let them vote with their ballots kept in separate boxes. Relying on the Coordinate Bench judgment in H.S.Raju vs. State of Karnataka & others (W.P.No.8502/2022, dated 7.6.2022), which had not been challenged and had attained finality, holding that election-conduct irregularities and disputes as to voter eligibility and the final electoral list are not amenable through an Article 226 petition but only through an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 after announcement of results (counting even these petitioners' votes), the Court found the facts here more or less similar and applied that judgment. Order: writ petition disposed of; Returning Officer to declare the result within seven days taking the petitioners' votes into account; all contentions left open for any Section 70(2) proceeding; segregated ballots to be retained until any such dispute concludes.

1 - NC: 2025:KHC:14610 WP No. 3591 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 3591 OF 2025 (CS-EL/M)

BETWEEN:

SMT MAMATHA

(SHARE NO.101/60) W/O RAJASHEKAR AGED ABOUT 40 YEARS R/AT NO.59, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. LAKSHMISHA (SHARE NO.111/11) S/O LATE. K. VASUDEVA RAO AGED ABOUT 60 YEARS R/AT NO.920, EWS SECOND STAGE, AVALAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

SRI. KRISHNAPPA V (SHARE NO.70/4) S/O VENKATAPPA AGED ABOUT 80 YEARS R/AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. VINAY KUMAR B.P. (SHARE NO. 103/60) S/O PILLEGOWDA AGED ABOUT 33 YEARS R/AT NO.59, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

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SRI. RAJASHEKAR (SHARE NO.104/60) S/O SUBBARAYAPPA AGED ABOUT 49 YEARS R/AT NO.85, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. NANDISH KUMAR P. (SHARE NO.105/60) S/O PILLEGOWDA AGED ABOUT40 YEARS R/AT GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. ANAND REDDY (SHARE NO.64/5) S/O HANUMANTHAPPA AGED ABOUT 63 YEARS R/AT HONNENAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064,

SRI. RAJANNA (SHARE NO.79/60) S/O MUNIREDDY AGED ABOUT 50 YEARS, R/AT NO.27/1, HONNENAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SMT. RADHA (SHARE NO.80/60) W/O RAJANNA AGED ABOUT 48 YEARS R/AT NO.27/1, HONNENAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

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SRI. ANJINAPPA (SHARE NO.61/60) S/O MUNIYAPPA AGED ABOUT 51YEARS R/AT NO.27, MUDDANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SMT. INDRA (SHARE NO.62/60) W/O ANJINAPPA AGED ABOUT 45 YEARS R/AT NO.27, MUDDANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SMT. PARVATHAMMA (SHARE NO.50/60) W/O NARAYAN REDDY AGED ABOUT 70 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. BOOPAL REDDY (SHARE NO.51/60) S/O LATE. NARAYAN REDDY AGED ABOUT 50 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. VENKATA REDDY (SHARE NO.52/60) S/O NARAYAN REDDY AGED ABOUT 35 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. VASANTHKUMAR (SHARE NO.53/60) S/O PRASANNACHAR AGED ABOUT45 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST,

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YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SMT. LAKSHMAMMA (SHARE NO.54/60) W/O VASANTHKUMAR AGED ABOUT 35 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SMT. VEENABAI (SHARE NO.81/60) W/O LATE. TULASANAYAK AGED ABOUT 47 YEARS R/AT SINGANAYAKANAHALLI VILLAGE AND POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. MAQ BUL YAR KHAN (SHARE NO. 198/5) S/O MOHAMMED YAR KHAN AGED ABOUT 65 YEARS R/AT VEERASAGARA VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SMT. MANGALAGOWRAMMA (SHARE NO.55/60) W/O NARASEGOWDA AGED ABOUT 60 YEARS R/AT VEERASAGARA VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064.

SRI. DEVANANADA V.N. (SHARE NO.56/60) S/O NARASANNA AGED ABOUT 38 YEARS R/AT VEERASAGARA VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA TALUK, BENGALURU URBAN DISTRICT-560064. (BY SRI. THYAGARAJA B.,ADVOCATE)

…PETITIONERS

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AND:

STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S BUILDING, DR. B.R.AMBEKDAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY TO GOVERNMENT,

THE STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, TTMC A BLOCK, KH ROAD, SHANTHI NAGAR BENAGALURU 560027 REP BY ITS CEO

THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER STATE CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, TTMC A-BLOCK, SHANTHINAGAR BUS STAND, DOUBLE ROAD, BENGALURU-560027

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 8^TH MAIN, 3^RD FLOOR, MALLESHWARAM, BENGALURU-560003.

RETURNING OFFICER PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., BENGALURU NORTH, HAVING ITS OFFICE AT NO.4, 1^ST MAIN ROAD, KEMPANNA LAYOUT, RAJA MAHAL GUTTAHALLI, BENGALURU-560020.

PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., BENGALURU NORTH HAVING ITS OFFICE NO.4, 1^ST MAIN ROAD, KEMPANNA LAYOUT, RAJA MAHAL GUTTAHALLI, BENGALURU-560020. (SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959)

…RESPONDENTS

(BY SRI. YOGESH D.NAIK.,AGA FOR R1,R3, R4 & R5;

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NC: 2025:KHC:14610 WP No. 3591 of 2025

SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. V. SIDDESH .,ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS SCHEDULED TO BE HELD ON 09.02.2025 TO THE R-6 CO OPERATIVE SOCIETY AND ETC.

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

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

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

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NC: 2025:KHC:14610 WP No. 3591 of 2025

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.

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 the above matter.

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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 respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.

SD/(SURAJ GOVINDARAJ) JUDGE

List No.: 1 Sl No.: 69

SR