IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.11102/2019 (GM-KSR) BETWEEN:
1. Sri K.Mallesh, S/o. late Mallaiah, Aged about 63 years, R/o.No.7, 4th Cross, Behind Venkateshwara Talkies, Vinobhanagar Avalahalli, Bengaluru – 560 026.
2. Sri Koturesh, S/o. late Eranna, Aged about 50 years, R/at No.20, Canara Bank Colony, Behind Shanthi Sagar, Uttarahalli, Bengaluru – 560 060.
3. Sri Chandrashekar M., S/o. Nagaraj, Aged about 34 years, Residing at No.348, Vasanthapura, Subramanyapura Post, Bengaluru – 560 020.
4. Sri H. Nagarajappa, S/o. late M.N. Hanumanthappa, Aged about 38 years, R/at No.12, Gattigere Colony, BEML Layout, Rajarajeshwari Nagar, Bengaluru – 560 098.
(By Sri Jaiprakash Reddy M., Advocate) AND:
1. Sri C Nanjappa, Aged about 54 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
2. Sri Rangaswamaiah, Aged about 57 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
3. Karnataka Rajya Madivala Sangha, No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020, Represented by its President.
4. State of Karnataka, Co-operation Department, Karnataka Government Secretariat, Room No.610, 3rd Gate, 6th Floor, M.S.Building, Dr.Ambedkar Veedhi, Bengaluru – 560 001 Represented by its Secretary.
… Petitioners 5. Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, #1, Aliasker Road, Bengaluru – 560 052.
6. Joint Registrar Co-operative Societies, Office of the Co-operative Department, #1, Aliasker Road, Bengaluru – 560 052.
7. Deputy Registrar Co-operative Societies, 4th Division, Bengaluru Urban District, Shahakara Soudha, 3rd Floor, Cross, 3rd Main Road, 8th Cross, Malleswaram, Bengaluru – 560 003.
8. Returning Officer, Karnataka Madivala Sangha, O/o of the Deputy Registrar Co-operative Societies, 4th Division, Bengaluru Urban District, Shahakara Soudha, 3rd Floor, Cross, 3rd Main Road, 8th Cross, Malleswaram, Bengaluru – 560 003.
9. Sri Muninarayana, Aged about 55 years, Residing at Muninarayana Palya, 2nd Cross, R.T.Nagar, Bengaluru – 560 032.
10. Sri Nagaraj B., Aged about 45 years, Residing at No.12, 3rd Stage, Nagasandra Post, Bengaluru – 560 073.
11. Sri Dhananjay B.K., Aged about 45 years, Residing at No.6, 7 Hebbal Police Quarters, Hebbala, Bengaluru – 560 024.
12. Sri Nagaraj H.V., Aged about 48 years, Residing at 89, 14th Cross, Jakkur Layout, Srirampura Main Road, Amrutha Halli, Bengaluru – 560 094.
13. Sri Devaraj Kariyappa, Aged about 50 years, Residing at No.29, Amithab Enclave, HSR Layout, Kasavana Halli, Sarjapura, Bengaluru – 562 125.
14. Sri Nandish, Aged about 47 years, Residing at No.429, Ideal Home Layout, R.R. Nagar, Bengaluru – 560 098.
15. Sri Shivakumarh Aged about 35 years, Residing at No.10, 4th Main Road, 3rd Cross, Muneshwara Block, Mahalaksmipuram, Bengaluru – 560 086.
16. Sri Rajanna R.V., Aged about 49 years, Residing at No.124, 2nd Stage, RMV, Munivenkatappa Compound, Nagashetty Halli, Bengaluru – 560 094.
17. Sri Mallaiahh, Aged about 53 years, Residing at No.101/2, 8th Cross, 2nd Main Road, Chamarajpet, Bengaluru – 560 018.
18. Sri Rajappat M., Aged about 46 years, Residing at No.2375, 2nd Floor, 1st Main Road, Sanjeevini Nagar, Shahakara Nagar, Bengaluru -560 097.
19. Sri Venkataramaiahk L., Aged about 53 years, Residing at No.30, 7th Cross, 1st Main Road, Maruthi Nagar, Kogilu Cross, Yelhanka, Bengaluru – 560 064.
20. Sri Venkatesh S., Aged about 40 years, Residing at No.267, 8th Main, Prabhashankar Road, Ram Murthy Nagar, Bengaluru – 560 016.
21. Sri Srinivash B., Aged about 43 years, Residing at No.94/A, 13th Main Road, Hanumantha Nagar, Bengaluru – 560 019.
22. Sri Subramanya Giridhar, Aged about 49 years, Residing at No.60/5, 11th Main Road, 39 ‘B’ Cross, Jayanagar, Bengaluru – 560 041.
23. Smt. Padma, Aged about 43 years, Residing at No.107, Chouda Reddy Palya, Chinthamani Taluk, Kolar District – 563 101.
24. Smt.Shwetha P., Aged about 50 years, Residing at No.68, Mahadeshwara Nilaya, Hospital Road, Neharu Nagar, Bengaluru – 571 401, 25. Sri Umashankar, Aged about 45 years, Residing at No: Bangalore City Madi Katte, Jinke Park, Kempabudhikere, Bengaluru – 560 019.
26. Sri B.N. Narashima Murthy, Aged about 50 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
27. Sri Pillaiah C., Aged about 55 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
28. Sri Prakashk, Aged about 40 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
29. Sri Mahalingaiah, Aged about 44 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
30. Sri Murthy R., Aged about 45 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
31. Sri Manjunath R., Aged about 48 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
32. Sri Yellappa, Aged about 45 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
33. Sri Venkataramaiah G., Aged about 50 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
34. Smt.Umadevi, Aged about 42 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
35. Smt. Bhagyalakhsmi T.S., Aged about 45 years, Office at No.07, Sirooru Park Road, Sheshadripuram, Bengaluru – 560 020.
.... Respondents (By Sri Sridhar N.Hegde, HCGP for R4 to R7) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the entire elections proceedings dated 23.01.2019 of the respondent No.3 conducted by the respondent No.8 vide Annexure-A and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER Learned Government Advocate is directed to take notice for respondents-officials.
Sri Jaiprakash Reddy M., learned counsel for the petitioners files a memo dated 04.11.2019 to withdraw the writ petition with liberty to file original suit.
Said memo is placed on record.
In view of the memo filed, the writ petition is dismissed as withdrawn with the liberty as prayed only in accordance with law.
Sd/- JUDGE PN/