Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5034 OF 2025 (CS-EL/M) BETWEEN: NIRMALA W/O. SEETHARAM AGED ABOUT 50 YEARS B.K. ROAD, RAMESHWARA LAYOUT MAGADI TOWN, MAGADI 562 120 MEMBERSHIP NO.1579 …PETITIONER (BY SRI. T DADAKHALANDAR.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING,
Digitally signed DR. B.R. AMBEDKAR VEEDHI, by SHWETHA BENGALURU-560 001. RAGHAVENDRA Location: HIGH 2. THE KARNATAKA STATE CO-OPERATIVE COURT OF ELECTION AUTHORITY, BMTC BUILDING, KARNATAKA 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027, REP. BY ITS SECRETARY.
3. RETURNING OFFICER CUM ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB DIVISION MAGADI TOWN-562120 -2-
4. MANAGER
MAGADI TOWN- 562120 (REGISTERED UNDER THE KARNATAKA CO-OP SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 & R3; SRI. T.L. KIRAN KUMAR .,ADVOCATE FOR R2; SRI. N. SHIVAKUMAR., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER
DIRECTING THE RESPONDENTS TO FOLLOW THE PROVISIONS CONTAINED IN RULE 13 D (2-A) OF THE KCS RULES, 1960 AS THE MANDATE OF THE RELEVANT PROVISION IS NOT BEING FOLLOWED TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE 4TH RESPONDENT BANK BY INCLUDING THE NAME OF THE PETITIONER IN THE LIST OF ELIGIBLE VOTERS AND BY PERMITTING HER TO CONTEST AND CAST HER VOTE IN THE ELECTION SCHEDULED TO BE
HELD ON 27.02.2025 AR PER ANNX-B 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
1. This Court by way of various interim orders had
permitted the petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and -3- that the vote cast by the petitioner shall be kept in separate ballot box.
2. 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 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 vote cast by the petitioner.
3. 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. W.P.No.8502/2022 dated 7.6.2022 -4-
4. 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 vote cast by the petitioner in the above matter.
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 vote cast by the petitioner 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 SR List No.: 1 Sl No.: 100