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C. M. POONACHA
Lakshmidevi W/O G Narasimhamurthy – Appellant
Versus
State Of Karnataka – Respondent
Headnote: Read headnote
ORDER :
The reliefs sought for by the petitioners in WP No.20352/2023 are as under:
ii) Issue a Writ of Mandamus to the respondents No.2 to 4 directing to conduct and complete the Elections to 5th respondent society in terms of scheduled Calendar of Events issued as per Annexure-A dated 03.07.2023 fixing date of Election as 15.09.2023 to the 5th respondent society.
iii) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity.”
2. The reliefs sought for by the petitioners in WP.No.20838/2023 are as under:
The election process for cooperative societies, once commenced, cannot be halted based on conflicting government orders; elections must proceed from the stage they were interrupted.
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
The court emphasized that judicial intervention is warranted in election matters when there are clear violations of statutory provisions, despite the general principle of non-interference in ongoing ....
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
The court emphasized the need for sound reasons and due procedure to re-fix the cut-off date, and quashed the impugned orders dated 03.10.2023.
The main legal point established in the judgment is that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist, and the directions issued b....
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