Sathish J P Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sathish J P Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief to the petitioners; writ petition dismissed as withdrawn. Direction issued to the Returning Officer (respondent No.6) to announce the results of the 12.01.2025 election for respondent No.5-Society forthwith, without considering the votes of the petitioners.

Issue for consideration

Whether the petitioners, members of respondent No.5-Society, were entitled to a direction to respondents Nos.2 to 6 to include their names in the eligible voters' list and to permit them to vote in the election to respondent No.5-Society scheduled to be held on 12.01.2025 (the issue as framed from the prayer; the Court ultimately did not adjudicate it owing to withdrawal).

Ratio / Principle

The memo for withdrawal filed on behalf of the petitioners having been taken on record, the writ petition stands dismissed as withdrawn.

Key takeaways

With the dismissal, the Court directs respondent No.6, the Returning Officer, to announce the results of the election held on 12.01.2025 for the 5th respondent-Society forthwith, without considering the votes of the petitioners.ratio¶99

Detailed headnote1 paragraphs

Writ Petition No. 574 of 2025 (CS-EL/M), filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru (K.S. Hemalekha, J.), by 48 members/shareholders of the Primary Co-operative Agriculture and Rural Development Bank Ltd., Honnali, Davangere District, praying for a direction to respondents Nos.2 to 6 to include their names in the eligible voters' list and permit them to vote in the election to respondent No.5-Society scheduled to be held on 12.01.2025 (Annexure-A). When the petition came on for orders, learned counsel for the petitioners filed a memo for withdrawal stating that the petitioners did not intend to continue the petition and had not pressed the Writ Petition. The Court took the memo on record, dismissed the writ petition as withdrawn, and simultaneously directed respondent No.6, the Returning Officer, to announce the results of the election held on 12.01.2025 for the 5th respondent-Society forthwith, without considering the votes of the petitioners. Order dated 17.01.2025. (NC: 2025:KHC:2343)

1 - NC: 2025:KHC:2343 WP No. 574 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 574 OF 2025 (CS-EL/M)

BETWEEN:

SATHISH J.P., S/O J.P. SHRINIVASA, AGED ABOUT 55 YEARS, SHARE NO.3279.

NARAYAN J.S., S/O JEVESHAPPA, AGED ABOUT 50 YEARS, SHARE NO.5287.

VIJAYA J.P., S/O J.P. VENKATESHA, AGED ABOUT 45 YEARS, SHARE NO.7113.

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

H.M. ANNAPPA, S/O RAYAPPA @ DUNDYAPPA, AGED ABOUT 55 YEARS, SHARE NO.719.

K. PUTTAPPA, S/O KENCHAPPA, AGED ABOUT 45 YEARS, SHARE NO.741.

SHIVANAGOWDA M.B., S/O M. BASAPPA,

2 - NC: 2025:KHC:2343 WP No. 574 of 2025

AGED ABOUT 46 YEARS, SHARE NO.879.

GULABI HALADAPPA, W/O HALADAPPA, AGED ABOUT 45 YEARS, SHARE NO.3226.

HANUMAMMA, W/O NINGAPPA KADEMANE, AGED ABOUT 52 YEARS, SHARE NO.3537.

K.G. SATHISHCHANDRA BARGAVA, S/O K.M.GOPALA RAO, AGED ABOUT 46 YEARS, SHARE NO.3565.

P. AMARASAB, S/O MAHAMMED GOUSE, AGED ABOUT 57 YEARS, SHARE NO.4233.

B. SIDDAPPA, S/O EERAPPA, AGED ABOUT 55 YEARS, SHARE NO.4312.

MOHAMMAED HUSSAIN, S/O ABDULA AHAMMED, AGED ABOUT 47 YEARS, SHARE NO.4469.

M. SHIVAYOGAPPA, S/O ERAPPA, AGED ABOUT 50 YEARS,

3 - NC: 2025:KHC:2343 WP No. 574 of 2025

SHARE NO.4546.

WAZEER AHAMMED,

S/O RAZAK SAB, AGED ABOUT 47 YEARS, SHARE NO.4614.

KOMALA, W/O K.S. CHANDRASHEKARAPPA, AGED ABOUT 40 YEARS, SHARE NO.6592.

DR. K. KENCHAPPA R BANTI, S/O RAYAPPA @ DUNDYAPPA, AGED ABOUT 59 YEARS, SHARE NO.7205.

AMBIKAMMA A.P., S/O A. PARAMESHWARAPPA, AGED ABOUT 57 YEARS, SHARE NO.7273.

MOHAMMED SADATH ULLA SHARIF, S/O ABDUL LATHIF, AGED ABOUT 49 YEARS, SHARE NO.7566.

19. SANTHOSH,

S/O PARAMESHWARAPPA, AGED ABOUT 56 YEARS, SHARE NO.7579.

SURESH D.P., S/O PARAMESHWARAPPA, AGED ABOUT 52 YEARS, SHARE NO.7579.

4 -

NC: 2025:KHC:2343 WP No. 574 of 2025

M. PARVATHAMMA,

W/O M.B. SHIVANNAGOWDA, AGED ABOUT 40 YEARS, SHARE NO.87612.

22. RADHA,

W/O S.S. BHEERAPPA, AGED ABOUT 45 YEARS, SHARE NO.8768.

SAVITHRAMMA, W/O M. SIDDAPPA, AGED ABOUT 60 YEARS, SHARE NO.9407.

ANNAPOORANAMMA @ HALADAMMA, W/O CHANDRAPPA, AGED ABOUT 45 YEARS, SHARE NO.9641.

THANVEER AHAMMED H.M., S/O NAZEER AHAMMED H.M., AGED ABOUT 42 YEARS, SHARE NO.9287.

26. PREMAKKA,

W/O LATE ANNAPPA H.G., AGED ABOUT 40 YEARS, SHARE NO.9840.

CHANDRAKALA H.S., W/O HALADAPPA, AGED ABOUT 45 YEARS, SHARE NO.9861.

5 - NC: 2025:KHC:2343 WP No. 574 of 2025

ABDUL SAMED,

S/O ALI, AGED ABOUT 50 YEARS, SHARE NO.9893.

RAKESH H.S., S/O SHIVANANDAPPA H.A., AGED ABOUT 56 YEARS, SHARE NO.9947.

SACHIN S.M., S/O MANJUNATH H.G., AGED ABOUT 45 YEARS, SHARE NO.9952.

VIJAYAKUMAR H.C., S/O CHANNAPPA H.C., AGED ABOUT 57 YEARS, SHARE NO.9964.

SUJATHA K MENASIANAKAAYI, W/O DR. KENCHAPPA R.B., AGED ABOUT 40 YEARS, SHARE NO.9965.

SHAKEEL AHAMMED, S/O MAUZEEB UR REHAMAN, AGED ABOUT 50 YEARS, SHARE NO.10014.

ANJAM KHAN, S/O WAZEER KHAN, AGED ABOUT 45 YEARS, SHARE NO.10036.

6 - NC: 2025:KHC:2343 WP No. 574 of 2025

VASANTH M RAIKER, S/O MAHABALESHWARA RAIKER, AGED ABOUT 56 YEARS, SHARE NO.10080.

AMITH H.B., S/O CHANNAPPA H.B., AGED ABOUT 40 YEARS, SHARE NO.10270.

VIJAYALAKSHMI V RAIKER, W/O VASANTH M RAIKER, AGED ABOUT 45 YEARS, SHARE NO.10412.

SRINIVAS RAIKER, S/O VENKATESH RAIKER, AGED ABOUT 40 YEARS, SHARE NO.10502.

KRISHNAMURTHY H.B., S/O A. BARMOJI RAO, AGED ABOUT 54 YEARS, SHARE NO.9880.

SUNIL RAJU M.S., S/O MANJUNATH K, AGED ABOUT 45 YEARS, SHARE NO.10440.

ROOPA S.R., S/O SUNIL RAJ M.S., AGED ABOUT 40 YEARS, SHARE NO.10441.

7 - NC: 2025:KHC:2343 WP No. 574 of 2025

RATHNA @ YASHASWINI, W/O H.B.KRISHNAMURTHY, AGED ABOUT 47 YEARS, SHARE NO.10450.

ANANDAIAH H.M., S/O CHANNABASAIAH, AGED ABOUT 56 YEARS, SHARE NO.8548.

DINESH H.P.,

S/O SOMASHEKARAPPA H.P., AGED ABOUT 51 YEARS, SHARE NO.9144.

PUTTAMMA, W/O CHANDRASHEKARAPPA S., AGED ABOUT 45 YEARS, SHARE NO.9755.

SHARATH KUMAR G.C., S/O CHANNESHAPPA G., AGED ABOUT 35 YEARS, SHARE NO.9881.

GIRISH H.M.,

S/O GANGADHARAIAH H.M., AGED ABOUT 45 YEARS, SHARE NO.10403.

NIRMALAMMA,

W/O K.R.SOMASHEKARA, AGED ABOUT 45 YEARS, SHARE NO. 8796, ALL ARE MEMBERS OF PRIMARY CO-OPERATIVE AGRICULTURE

8 - NC: 2025:KHC:2343 WP No. 574 of 2025

AND RURAL DEVELOPMENT BANK LTD., HONNALI, HONNALI TALUK, DAVANGERE DISTRICT - 577 217.

…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, T.T.M.C A BLOCK, K.H.ROAD, SHANTHI NAGAR, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY.

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANGERE DISTRICT - 577 001.

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE SUB - DIVISION, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 001.

CHIEF EXECUTIVE OFFICER, PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.,

9 - NC: 2025:KHC:2343 WP No. 574 of 2025

HONNALI, HONNALI TALUK, DAVANGERE DISTRICT - 577 217 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT - 1959).

RETURNING OFFICER, PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HONNALI, HONNALI TALUK, DAVANGERE DISTRICT - 577 217. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT - 1959).

…RESPONDENTS

(BY SRI.SIDHARTH BABU RAO, AGA FOR R1, R3, R4 AND R6; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 12.01.2025 VIDE ANNEXURE - A AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

10 -

NC: 2025:KHC:2343 WP No. 574 of 2025

ORAL ORDER

Learned counsel for the petitioners' files memo for withdrawal, which reads as under:

"In view of the above matter the petitioner counsel submits that this Hon'ble Court, the petitioners not intended to continue this petition. Hence, the petitioner has not pressed the above Writ Petition, in the interest of justice and equity. "

2. The memo is taken on record.

The writ petition stands dismissed as

withdrawn with a direction to the Returning Officerrespondent No.6 to announce the results of the election held on 12.01.2025 for the 5^th respondent-Society forthwith, without considering the votes of the petitioners.

Sd/- (JUSTICE K.S. HEMALEKHA)

PSJ / List No.: 1 Sl No.: 5

Parties & counsel

AI extract

petitioner
SATHISH J.P., S/O J.P. SHRINIVASA, AGED ABOUT 55 YEARS, SHARE NO.3279¶7
SANDESH T.B.
petitioner
NARAYAN J.S., S/O JEVESHAPPA, AGED ABOUT 50 YEARS, SHARE NO.5287¶8
SANDESH T.B.
petitioner
VIJAYA J.P., S/O J.P. VENKATESHA, AGED ABOUT 45 YEARS, SHARE NO.7113¶9
SANDESH T.B.
petitioner
H.M. ANNAPPA, S/O RAYAPPA @ DUNDYAPPA, AGED ABOUT 55 YEARS, SHARE NO.719¶11
SANDESH T.B.
petitioner
K. PUTTAPPA, S/O KENCHAPPA, AGED ABOUT 45 YEARS, SHARE NO.741¶12
SANDESH T.B.
petitioner
SHIVANAGOWDA M.B., S/O M. BASAPPA (SHARE NO.879, aged about 46 years)¶13
SANDESH T.B.
petitioner
GULABI HALADAPPA, W/O HALADAPPA, AGED ABOUT 45 YEARS, SHARE NO.3226¶16
SANDESH T.B.
petitioner
HANUMAMMA, W/O NINGAPPA KADEMANE, AGED ABOUT 52 YEARS, SHARE NO.3537¶17
SANDESH T.B.
petitioner
K.G. SATHISHCHANDRA BARGAVA, S/O K.M.GOPALA RAO, AGED ABOUT 46 YEARS, SHARE NO.3565¶18
SANDESH T.B.
petitioner
P. AMARASAB, S/O MAHAMMED GOUSE, AGED ABOUT 57 YEARS, SHARE NO.4233¶19
SANDESH T.B.
petitioner
B. SIDDAPPA, S/O EERAPPA, AGED ABOUT 55 YEARS, SHARE NO.4312¶20
SANDESH T.B.
petitioner
MOHAMMAED HUSSAIN, S/O ABDULA AHAMMED, AGED ABOUT 47 YEARS, SHARE NO.4469¶21
SANDESH T.B.
petitioner
M. SHIVAYOGAPPA, S/O ERAPPA (SHARE NO.4546, aged about 50 years)¶22
SANDESH T.B.
petitioner
WAZEER AHAMMED, S/O RAZAK SAB (SHARE NO.4614, aged about 47 years)¶25
SANDESH T.B.
petitioner
KOMALA, W/O K.S. CHANDRASHEKARAPPA, AGED ABOUT 40 YEARS, SHARE NO.6592¶27
SANDESH T.B.
petitioner
DR. K. KENCHAPPA R BANTI, S/O RAYAPPA @ DUNDYAPPA, AGED ABOUT 59 YEARS, SHARE NO.7205¶28
SANDESH T.B.
petitioner
AMBIKAMMA A.P., S/O A. PARAMESHWARAPPA, AGED ABOUT 57 YEARS, SHARE NO.7273¶29
SANDESH T.B.
petitioner
MOHAMMED SADATH ULLA SHARIF, S/O ABDUL LATHIF, AGED ABOUT 49 YEARS, SHARE NO.7566¶30
SANDESH T.B.
petitioner
SANTHOSH, S/O PARAMESHWARAPPA (SHARE NO.7579, aged about 56 years)¶31
SANDESH T.B.
petitioner
SURESH D.P., S/O PARAMESHWARAPPA, AGED ABOUT 52 YEARS, SHARE NO.7579¶33
SANDESH T.B.
petitioner
M. PARVATHAMMA, W/O M.B. SHIVANNAGOWDA (SHARE NO.87612, aged about 40 years)¶36
SANDESH T.B.
petitioner
RADHA, W/O S.S. BHEERAPPA (SHARE NO.8768, aged about 45 years)¶38
SANDESH T.B.
petitioner
SAVITHRAMMA, W/O M. SIDDAPPA, AGED ABOUT 60 YEARS, SHARE NO.9407¶40
SANDESH T.B.
petitioner
ANNAPOORANAMMA @ HALADAMMA, W/O CHANDRAPPA, AGED ABOUT 45 YEARS, SHARE NO.9641¶41
SANDESH T.B.
petitioner
THANVEER AHAMMED H.M., S/O NAZEER AHAMMED H.M., AGED ABOUT 42 YEARS, SHARE NO.9287¶42
SANDESH T.B.
petitioner
PREMAKKA, W/O LATE ANNAPPA H.G. (SHARE NO.9840, aged about 40 years)¶43
SANDESH T.B.
petitioner
CHANDRAKALA H.S., W/O HALADAPPA, AGED ABOUT 45 YEARS, SHARE NO.9861¶45
SANDESH T.B.
petitioner
ABDUL SAMED, S/O ALI (SHARE NO.9893, aged about 50 years)¶47
SANDESH T.B.
petitioner
RAKESH H.S., S/O SHIVANANDAPPA H.A., AGED ABOUT 56 YEARS, SHARE NO.9947¶49
SANDESH T.B.
petitioner
SACHIN S.M., S/O MANJUNATH H.G., AGED ABOUT 45 YEARS, SHARE NO.9952¶50
SANDESH T.B.
petitioner
VIJAYAKUMAR H.C., S/O CHANNAPPA H.C., AGED ABOUT 57 YEARS, SHARE NO.9964¶51
SANDESH T.B.
petitioner
SUJATHA K MENASIANAKAAYI, W/O DR. KENCHAPPA R.B., AGED ABOUT 40 YEARS, SHARE NO.9965¶52
SANDESH T.B.
petitioner
SHAKEEL AHAMMED, S/O MAUZEEB UR REHAMAN, AGED ABOUT 50 YEARS, SHARE NO.10014¶53
SANDESH T.B.
petitioner
ANJAM KHAN, S/O WAZEER KHAN, AGED ABOUT 45 YEARS, SHARE NO.10036¶54
SANDESH T.B.
petitioner
VASANTH M RAIKER, S/O MAHABALESHWARA RAIKER, AGED ABOUT 56 YEARS, SHARE NO.10080¶56
SANDESH T.B.
petitioner
AMITH H.B., S/O CHANNAPPA H.B., AGED ABOUT 40 YEARS, SHARE NO.10270¶57
SANDESH T.B.
petitioner
VIJAYALAKSHMI V RAIKER, W/O VASANTH M RAIKER, AGED ABOUT 45 YEARS, SHARE NO.10412¶58
SANDESH T.B.
petitioner
SRINIVAS RAIKER, S/O VENKATESH RAIKER, AGED ABOUT 40 YEARS, SHARE NO.10502¶59
SANDESH T.B.
petitioner
KRISHNAMURTHY H.B., S/O A. BARMOJI RAO, AGED ABOUT 54 YEARS, SHARE NO.9880¶60
SANDESH T.B.
petitioner
SUNIL RAJU M.S., S/O MANJUNATH K, AGED ABOUT 45 YEARS, SHARE NO.10440¶61
SANDESH T.B.
petitioner
ROOPA S.R., S/O SUNIL RAJ M.S., AGED ABOUT 40 YEARS, SHARE NO.10441¶62
SANDESH T.B.
petitioner
RATHNA @ YASHASWINI, W/O H.B.KRISHNAMURTHY, AGED ABOUT 47 YEARS, SHARE NO.10450¶64
SANDESH T.B.
petitioner
ANANDAIAH H.M., S/O CHANNABASAIAH, AGED ABOUT 56 YEARS, SHARE NO.8548¶65
SANDESH T.B.
petitioner
DINESH H.P., S/O SOMASHEKARAPPA H.P. (SHARE NO.9144, aged about 51 years)¶66
SANDESH T.B.
petitioner
PUTTAMMA, W/O CHANDRASHEKARAPPA S., AGED ABOUT 45 YEARS, SHARE NO.9755¶68
SANDESH T.B.
petitioner
SHARATH KUMAR G.C., S/O CHANNESHAPPA G., AGED ABOUT 35 YEARS, SHARE NO.9881¶69
SANDESH T.B.
petitioner
GIRISH H.M., S/O GANGADHARAIAH H.M. (SHARE NO.10403, aged about 45 years)¶70
SANDESH T.B.
petitioner
NIRMALAMMA, W/O K.R.SOMASHEKARA (SHARE NO.8796, aged about 45 years)¶72
SANDESH T.B.
respondent
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, REPRESENTED BY ITS PRINCIPAL SECRETARY (R-1)¶79
SIDHARTH BABU RAO
respondent
THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS SECRETARY (R-2)¶80
T.L.KIRAN KUMAR
respondent
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANGERE DISTRICT (R-3)¶81
SIDHARTH BABU RAO
respondent
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE SUB - DIVISION, DAVANAGERE TALUK, DAVANAGERE DISTRICT (R-4)¶82
SIDHARTH BABU RAO
respondent
CHIEF EXECUTIVE OFFICER, PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HONNALI (R-5)¶83
respondent
RETURNING OFFICER, PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HONNALI (R-6)¶86
SIDHARTH BABU RAO

Coram

AI extract

HON'BLE MRS JUSTICE K.S. HEMALEKHAauthor¶91