IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.34743-34755 OF 2019 (GM - KSR) BETWEEN:
1. K. M. MUNE GOWDA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 43 YEARS, RESIDING AT SHETTIHALLI LAYOUT, WARD NO.6, CHIKKABALLAPURA CITY – 562 101. KAR 2665/2000.
2. GRANANDISWATHI, W/O SURESH, AGED ABOUT 38 YEARS, RESIDENT OF NANDI VILLAGE AND HOBLI, CHIKKABALLAPURA TALUK AND DISRTICT – 562 101.
KAR 1572/2013.
3. T. L. NARASIMHA MURTHY, S/O LAKSHMAIAH, AGED ABOUT 30 YEARS, RESIDENT OF TUMAKALAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT – 562 104. KAR 15/2016.
4. SRINIVASA N., S/O NARAYANAPPA, AGED ABOUT 34 YEARS, RESIDENT OF HENNURU VILLAGE, JOMGAMAKOTE HOBLI, SIDLAGHATTA TALUK – 562 105. KAR 761/2012.
5. BHOGHA NANDISHA H.N., S/O NANJUNDAPPA, AGED ABOUT 32 YEARS, RESIDENT OF HALEHALLI VILLAGE, MANCHENAHALLI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 208. KAR 1619/2013.
6. A.NAGARAJ, S/O ADINARYANAPPA, AGED ABOUT 44 YEARS, RESIDENT OF ASHWATHANARAYANA BUILDING, 3RD CROSS, MANCHANABALE ROAD, WARD NO.31, VAPASANDRA, CHIKKABALLAPURA DISTRICT – 562 101. KAR 187/2001.
7. A PRAMEELA, W/O N PRASHANTH KUMAR, AGED ABOUT 44 YEARS, RESIDING AT # G.F-3, SLV CORAL APARTMENT, GARE RAVI KUMAR LAYOUT, WARD NO 22, 4TH DIVISION, BOODIGERE ROAD, DEVANAHALLI TALUK – 562 110. KAR 3124/2000.
8. N.PRASHANTH KUMAR, S/O NAGARAJ, AGED ABOUT 44 YEARS, RESIDING AT # G F-3, SLV CORAL APARTMENT, GARE RAVI KUMAR LAYOUT, WARD NO 22, 4TH DIVISION, BOODIGERE ROAD, DEVANAHALLI TALUK – 562 110. KAR 2226/2000.
9. S.N.NAGARAJAN, S/O LATE NARASIMHA MURTHY, AGED ABOUT 48 YEARS, RESIDENT OF SHETTIHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK – 562 105. KAR 1033/2002.
10. SHYLA M.A., W/O PRASANNA KUMAR, AGED ABOUT 27 YEARS, RESIDENT OF SUDDHAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT – 562 101. KAR 2364/2012.
11. OBALESH REDDY, S/O ADISHESH REDDY, AGED ABOUT 27 YEARS RESIDING AT PRASHANTHA NAGAR, CHIKKABALLAPURA CITY – 562 101. KAR 2121/2012.
12. AVALA MURTHY, S/O LAKSHMAIAH, AGED ABOUT 29 YEARS, RESIDING AT OPPOSITE A.P.M.C. MARKET, WARD NO 8, CHIKKABALLAPURA CITY – 562 101. KAR 1182/2012.
13. T.C.KRISHNAPPA, S/O CHIKKA VENKATAPPA, AGED ABOUT 35 YEARS, RESIDENT OF THIMMANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAUPRA TALUK AND DISTRICT – 562 101. KAR 2401/2007.
… PETITIONERS (BY SMT. SRUTI CHAGANTI, ADVOCATE) AND:
1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. THE DEPUTY REGISTRAR, OFFICE OF THE REGISTRAR OF SOCIETIES, SB-7, DISTRICT ADMINISTRATIVE OFFICE, CHIKKABALLAPUR – 562 101.
3. P.SUBRAMANYA, S/O LATE PILLAPPA, AGED ABOUT 52 YEARS, COURT COMPLEX, CHIKKABALLAPURA – 562 101. RETURNING OFFICER FOR ELECTION TO ADVOCATES ASSOCIATION, CHIKKABALLAPURA.
4. S SUDARSHAN, FATHER’S NAME NOT KNOWN, AGED ABOUT 60 YEARS, COURT COMPLEX, CHIKKABALLAPURA – 562 101. RETURNING OFFICER FOR ELECTION ADVOCATES ASSOCIATION, CHIKKABALLAPURA, CHIKKABALLAPURA – 562 101.
5. THE ADVOCATES ASSOCIATION, CHIKKABALLAPURA, COURT COMPLEX, CHIKKABALLAPURA – 562 101. REPRESENTED BY ITS SECRETARY.
6. K.H.THAMME GOWDA, S/O LATE HANUMANTHAPPA, AGED ABOUT 61 YEARS, RESIDING AT OPPOSITE CITIZEN CLUB, WARD NO.1, CHIKKABALLAPURA – 562 101.
7. K.V.BALAJI, S/O LATE VENKATARAMANAPPA, AGED ABOUT 54 YEARS, RESIDING AT KANDHWAR BAGALUR, BEHIND VENKATA RAMA SWAMI TEMPLE, CHIKKABALLAPURA – 562 101.
8. B.VINOD KUMAR, S/O BYRAPPA, AGED ABOUT 38 YEARS, RESIDING AT DHINNEHOSARAHALLI MAIN ROAD, OPPOSITE MUNIRAJU BRICKS FACTORY, CHIKKABALLAPURA – 562 101.
9. B.SURESH BABU, S/O MUNIYAPPA, AGED ABOUT 33 YEARS, RESIDING AT DHODAKIRAGAMBI VILLAGE, NANDHI HOBLI, JATVARA POST, CHIKKABALLAPURA TALUK – 562 101.
10. G.S.HARIKRISHNA, S/O SRIRAMAPPA, AGED ABOUT 38 YEARS, RESIDING AT GUDDIHALLI VILLAGE, KASABA HOBLI, SHIDLAGHATTA TALUK – 562 105.
11. AYUB KHAN, S/O RAFIQ, AGED ABOUT 32 YEARS, RESIDING AT CHINTAMANI TOWN, CHIKKABALLAPURA – 563 125.
12. M.V.HARISH KUMAR, S/O VENKATARAMANAPPA, AGED ABOUT 29 YEARS, RESIDING AT MANCHENNAHALLI HOBLI, CHIKKABALLAPURA – 562 101.
13. T.M.VENKATESH, S/O MUNIYAPPA, AGED ABOUT 36 YEARS, RESIDING AT THIMMAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562 101.
14. B.NAGESH S/O BANDAPPA, AGED ABOUT 35 YEARS, RESIDING AT DODDAMANAHI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562 101.
15. K SHIVAPPA S/O NARASIMHAPPA @ PILLAPPA, AGED ABOUT 39 YEARS, RESIDING AT KOSAVAGUTTHALLI, MANDIKAL VILLAGE, CHIKKABALLAPURA – 562 101.
16. D MANJUNATH, S/O DODDANARAYANAPPA, AGED ABOUT 35 YEARS, RESIDING AT DINHI HOSARAHALLI VILLAGE NANDI HOBLI CHIKKABALLAPURA – 562 101.
(BY SRI.SRIDHAR N HEGDE, HCGP) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LIST OF ELIGIBLE VOTERS DTD:6.7.2019 PRODUCED HEREWITH AS ANNEXURE-E, THE LIST OF INELIGIBLE VOTERS DTD:6.7.2019 PRODUCED HEREWITH AND ANNEXURE-E1 AND THE NOTICE DTD:16.7.2019 DECLARING THE RESULTS OF THE ELECTION PRODUCED HEREWITH AS ANNEXURE-H AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. Sruti Chaganti, learned counsel for the petitioners.
Sri.Sridhar N. Hegde, learned High Court Government Pleader for the respondents.
After arguing the matter to some extent, learned counsel for the petitioners submits that the petitioners be granted the liberty to avail all the remedy which is provided to them under Sections 25 and 27A of the Karnataka Societies Registration Act, 1960.
2. On the other hand, Sri.Sridhar N. Hegde, learned High Court Government Pleader submits that in case the petitioners approach the appropriate forum, suitable action expeditiously in accordance with law shall be taken.
3. In view of submissions made and in the facts of the case, the writ petitions are disposed of with liberty to the petitioners to approach the appropriate forum under Sections 25 and 27A of the Karnataka Societies Registration Act, 1960.
4. Needless to state that in case petitioners file an application before the appropriate authorities, the same shall be decided expeditiously by the aforesaid authorities by a speaking order in accordance with law after affording an opportunity of hearing to all parities within a period of two months from the date of filing of such an application.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE GH