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

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

What the court decided

AI extract

Outcome

No substantive relief on the voters-list/disqualification grievance; petition dismissed as withdrawn on the petitioners' memo dated 07.02.2025, with a consequential direction to the Returning Officer to announce the results of the election held on 05.01.2025.

Issue for consideration

Whether respondents 2 and 3 could be directed to include the petitioners' names in the eligible voters list and permit them to cast their votes in the election to respondent No.3 society scheduled to be held on 05/01/2025. +1 more

Ratio / Principle

The memo dated 07.02.2025 filed by the petitioners - recording that they had not cast their votes in the election held on 05.01.2025 and seeking withdrawal of the petition as not pressed - is taken on record.

Key takeaways

In view of the submission of learned counsel and the memo filed by the petitioners, the writ petition is dismissed as withdrawn; the disqualification/voters-list grievance was not adjudicated on merits.ratio¶109
The Returning Officer is directed to announce the results of the election to respondent No.3 society held on 05.01.2025.ratio¶110

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), WP No. 36199 of 2024 (CS-EL/M), decided 07.02.2025, Mrs Justice K.S. Hemalekha. Fifty-seven members of the Primary Agricultural Credit Co-operative Society, Kurubaraboodihalla (Chikkamagaluru Taluk), filed this writ petition under Articles 226 and 227 of the Constitution of India seeking (a) a direction to respondents 2 and 3 to include their names in the eligible voters list and permit them to vote in the election to the society scheduled for 05/01/2025, and (b) quashing of the undated disqualification voters list passed by respondent No.3 vide Annexure-B so far as it concerned them. When the matter came up for preliminary hearing, learned counsel stated that the election had in fact been held on 05.01.2025 and the petitioners had not cast their votes, and a memo dated 07.02.2025 was filed withdrawing the petition as not pressed. Held: the memo was taken on record; in view of the submission and the memo, the petition was dismissed as withdrawn; and the Returning Officer was directed to announce the results of the election held on 05.01.2025. The disqualification issue was not adjudicated on merits and no precedent was cited or discussed.

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NC: 2025:KHC:5649 WP No. 36199 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36199 OF 2024 (CS-EL/M)

BETWEEN:

SRI SUNDARAMURTHY S/O NARAYANA SHETTI AGED ABOUT 61 YEARS SL. NO. 4 MEMBERSHIP NO.0000100674

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

SRI. RANGASWAMI S/O VENKATARAMAYYA AGED ABOUT 58 YEARS SL. NO. 6 MEMBERSHIP NO.00001000728

SRI. JAGANNATHA KK S/O VENKARAMAYYA AGED ABOUT 38 YEARS SI. NO. 9 MEMBERSHIP NO.00001000736

SRI. LAKSHMINARAYA K.R S/O RAMASWAMI SHETTI AGED ABOUT 40 SL. NO. 29 YEARS MEMBERSHIP NO.00001000813

2 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SRI. ARUNKUMAR-K.T S/O TIMMASHETTI AGED ABOUT 52 YEARS SL. NO. 34 MEMBERSHIP NO.0000100831

SRI. GOVINDASHETTI K.T S/O TIMMASHETTI AGED ABOUT 68 YEARS SL. NO.37 MEMBERSHIP NO.10000841

SRI. HANUMANTHA SHETTI B.K S/O KRISHNASHETTI B.K AGED ABOUT 59 YEARS SL. NO. 66 MEMBERSHIP NO.00001001052

SRI. K.M ANAND S/O MANJASHETTI AGED ABOUT 45 YEARS SL. NO. 72 MEMBERSHIP NO.00001001066

SRI. SHRINIVASA K.S S/O SHIVARUDRA SHETTI AGED ABOUT 46 YEARS SL. NO. 108 MEMBERSHIP NO.00001001161

SMT. MAHALAKSHMI W/O TIMMASHETTI AGED ABOUT 38 YEARS SL. NO.113 MEMBERSHIP NO.00001001174

3 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SRI. BALARAMASHETTI K.R S/O RAMASHETTI AGED ABOUT 50 YEARS SL. NO. 142 MEMBERSHIP NO. 00001001332

SRI. JAYARAMASHETTI K.G S/O GOVINDASHETTI AGED ABOUT 54 YEARS SL. NO. 143 MEMBERSHIP NO.00001001334

SMT. RUKMINI W/O JAYARAMASHETTI AGED ABOUT 36 YEARS SL. NO. 145 MEMBERSHIP NO.00001001336

SMT. SHANTHAMMA W/O MANJUNATHA AGED ABOUT 39 YEARS SL. NO. 157 MEMBERSHIP NO.00001001511

SRI. SURESH K.T S/O TIMMASHETTI AGED ABOUT 42 YEARS SL. NO. 57 MEMBERSHIP NO. 00001000991

SMT. GIRIJAMMA W/O BASAVAKUMAR AGED ABOUT 42 YEARS SL. NO. 159 MEMBERSHIP NO.0000100549

4 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SMT. MANGALA W/O GOVINDASHETTI AGED ABOUT 55 YEARS SL. NO. 168

MEMBERSHIP NO.00001001927

SRI. GOVIDASHETTI S/O TIMMASHETTI AGED ABOUT 67 YEARS SL. NO. 169 MEMBERSHIP NO. 00001001928

SMT. RADHAMMA W/O SHANKARASHETTI AGED ABOUT 65 YEARS SL. NO. 170 MEMBERSHIP NO.00001001932

SRI. GOVINDASHETTI S/O THIMMASHETTI AGED ABOUT 65 YEARS SL. NO. 172 MEMBERSHIP NO.00001002010

PETITIONER NO.1 TO 20 ARE R/AT KURABARABUDIHALL VILLAGE CHIKKAMANGALURU TALUK CHIKKAMANGALURU DISTRICT - 577 146.

SMT. NEELAMMA W/O DEVARAJA AGED ABOUT 62 YEARS SL. NO. 61 MEMBERSHIP NO.00001001011

SMT. CHANDRAMMA W/O REVANNA AGED ABOUT 65 YEARS

5 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SL. NO. 77 MEMBERSHIP NO.0001001083

SMT. RATHNAMMA W/O GANGADHARAPPA AGED ABOUT 55 YEARS SL. NO. 101 MEMBERSHIP NO.00001001146

SMT. MAMATHA W/O RAMESH AGED ABOUT 50 YEARS SL. NO. 171 MEMBERSHIP NO.00001001975

PETITIONERS NO. 21 TO 24 ARE R/AT SHANKARANAHALLI VILLAGE CHIKKAMANGALURU TALUK CHIKKAMANGALURU DISTRICT -577146

SRI KRISHNEGOWDA S/O TIMMEGOWDA AGED ABOUT 58 YEARS SL. NO. 119 MEMBERSHIP NO.00001001203

SMT. LAKSHMAMMA W/O TIMMEGOWDA AGED ABOUT 55 YEARS SL. NO. 120 MEMBERSHIP NO.00001001204

PETITIONERS NO. 25 TO 26 R/AT DHARMAPURA VILLAGE CHIKKAMANGALURU TALUK CHIKKAMANGALURU DISTRICT-577146.

6 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SMT. GANGAMMA W/O SHIVEGOWDA AGED ABOUT 65 YEARS SL. NO. 40 MEMBERSHIP NO.00001000866

SRI. BEEREGOWDA K.B S/O BEEREGOWDA AGED ABOUT 55 YEARS SL. NO. 41 MEMBERSHIP NO.00001000867

SRI. KRISHNAMURTHY K.C S/O CHANDREGOWDA AGED ABOUT 55 YEARS SL. NO. 55 MEMBERSHIP NO.00001000984

SRI. SOMASHEKHARAPPA S/O BASAVEGOWDA AGED ABOUT 54 YEARS SL. NO. 81 MEMBERSHIP NO.00001001094

SMT. JAGADHAMBA W/O GANGADHARAPPA AGED ABOUT 70 YEARS SL. NO. 82

MEMBERSHIP NO.00001001096

SMT. RATHNAMMA W/O GIRIYAPPA YANE GIRIGOWDA AGED ABOUT 65 YEARS SL. NO.86 MEMBERSHIP NO.00001001109

SRI. JAYANNA S/O KRISHNEGOWDA

7 - NC: 2025:KHC:5649 WP No. 36199 of 2024

AGED ABOUT 40 YEARS SL. NO. 117 MEMBERSHIP NO.00001001184

SMT. VANAJAKSHI W/O OMKAR AGED ABOUT 55 YEARS SL. NO. 180 MEMBERSHIP NO.00001002276

SMT. SHAKUNTHALA W/O KUMARASWAMI AGED ABOUT 50 YEARS SL. NO. 181 MEMBERSHIP NO.00001002310

SMT. RUDRAMMA W/O MALLASHETTI AGED ABOUT 70 YEARS SL. NO. 93 MEMBERSHIP NO.00001001127

PETITIONERS NO. 27 TO 36 ARE R/AT KURABARAHALLI VILLAGE CHIKKAMANGALURU TALUK CHIKKAMANGALURU DISTRICT-577146.

SRI BETE RANGEGOWDA S/O APANEE RANGEGOWDA AGED ABOUT 70 YEARS SL. NO. 10 MEMBERSHIP NO.00001000750

SMT KAALAMMA W/O TIMMEGOWDA AGED ABOUT 65 YEARS SL. NO. 115 MEMBERSHIP NO.00001001179

8 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SMT RADHA W/O RENUKEGOWDA AGED ABOUT 52 YEARS SL. NO. 163 MEMBERSHIP NO.00001001910

PETITIONERS NO. 37 TO 39 R/AT KOTTIGENAHALLI VILLAGE CHIKKAMANGALURU TALUK CHIKKAMANGALURU DISTRICT-577146.

SMT. SAVITHRAMMA W/O ESHWARAPPA AGED ABOUT 80 YEARS SL. NO. 11 MEMBERSHIP NO.00001000754

SRI. PRAVEEN KUMAR M.G S/O SHEKHARAPPA M.G AGED ABOUT 45 YEARS SL. NO. 21 MEMBERSHIP NO.00001000788

SMT. RAJAMMA W/O VIRUPAKSHAPPA AGED ABOUT 70 YEARS SL. NO. 22 MEMBERSHIP NO.0000100794

SMT. SHARADAMMA W/O SIDDEGOWDA AGED ABOUT 75 YEARS SL. NO. 31 MEMBERSHIP NO.00001000819

LAKSHMEESHA W/O CHANNEGOWDA

9 - NC: 2025:KHC:5649 WP No. 36199 of 2024

AGED ABOUT 55 YEARS SL. NO. 60 MEMBERSHIP NO.00001001009

SMT. DAKSHAYINI W/O NAGESHA AGED ABOUT 45 YEARS SL. NO. 62 MEMBERSHIP NO.00001001014

SRI. SIDDESH S/O SHIVALINGAPPA AGED ABOUT 50 YEARS SL. NO. 67 MEMBERSHIP NO.00001001056

SRI. KIRAN M.S S/O SIDDEGOWDA AGED ABOUT 40 YEARS SL. NO. 70 MEMBERSHIP NO.00001001062

SMT. JAYANNA S/O SIDDEGOWDA AGED ABOUT 50 YEARS SL. NO.78 MEMBERSHIP NO.00001001089

SMT. GANGAMMA W/O SHIVALINGAPPA AGED ABOUT 80 YEARS SL. NO. 100 MEMBERSHIP NO.00001001138

SRI. ANATH S/O SANNEGOWDA AGED ABOUT 55 YEARS

10 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SL. NO. 102 MEMBERSHIP NO.00001001147

SMT. GOWRAMMA W/O MAHALINGAPPA AGED ABOUT 75 YEARS SL. NO. 129 MEMBERSHIP NO.00001001238

SMT. CHANDRAMMA S W/O PUTTAPPA AGED ABOUT 75 YEARS SL. NO. 141 MEMBERSHIP NO.00001001331

SMT. PUTTAMMA W/O LINGAPPA AGED ABOUT 80 YEARS SL. NO. 165 MEMBERSHIP NO. 00001001924

SMT. SUSHEELAMMA W/O PRABHAKAR AGED ABOUT 48 YEARS SL. NO. 173 MEMBERSHIP NO.00001002037

SMT. RENUKA W/O ANATH AGED ABOUT 50 YEARS SL. NO. 174 MEMBERSHIP NO.00001002047

SMT. BHAGYA W/O ASHOKA AGED ABOUT 38 YEARS SL. NO. 177 MEMBERSHIP NO.00001002077

11 - NC: 2025:KHC:5649 WP No. 36199 of 2024

SRI. M.N KARUNA S/O NANJEGOWDA AGED ABOUT 63 YEARS SL. NO. 183 MEMBERSHIP NO.00001002370

PETITIONERS NO. 40 TO 57 R/AT MACHENAHALLI VILLAGE CHIKKAMANGALURU TALUK CHIKKAMANGALURU DISTRICT -577146 …PETITIONERS

(BY SRI. SUNIL K N.,ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASASOUDHA, BANGALORE-560 001.

THE CO-OPERATIVE ELECTION COMMISSIONER, 3^RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.

THE CHIEF EXECUTIVE OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, KURUBARABOODIHALLA CHIKKAMANAGALURU TALUK CHIKKAMANGALURU DISTRICT-577101 (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT,1950)

THE RETURNING OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY,

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NC: 2025:KHC:5649 WP No. 36199 of 2024

KURUBARABOODIHALLA CHIKKAMANAGALURU TALUK CHIKKAMANGALURU DISTRICT-577101

…RESPONDENTS

(BY SRI.YOGESH D NAIK, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R3 SERVED AND UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R2 TO 3 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE R3 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 05/01/2025. B) QUASH THE UNDATED DISQUALIFICATION VOTER LIST PASSED BY R3 VIDE ANN-B SO FAR CONCERNED TO THE PETITIONERS.

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

ORAL ORDER

Learned counsel for the petitioners submits that

petitioners have not cast their votes in the Election held on 05.01.2025 and a memo dated 07.02.2025 is filed to that

effect.

Memo is taken on record, which reads as under:

13 - NC: 2025:KHC:5649 WP No. 36199 of 2024

" The undersigned submits that, petitioners in above petition have not cast their vote in the Election of respondent. Hence, petitioners withdrawing the petition as not pressed in the interest of justice and equity."

In view of the submission and memo filed,

petition is dismissed as withdrawn .

Returning Officer is directed to announce the results of the Election held on 05.01.2025.

Sd/-

______________________ (JUSTICE K.S.HEMALEKHA)

Psg* List No.: 3 Sl No.: 10