The court affirmed the right to vote in co-operative society elections despite non-compliance with eligibility rules, allowing votes to be counted while keeping eligibility disputes open for future resolution.

ORDER :

Mr. Anant Ramanath Hegde, J. - Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for respondents No.1 and 3 to 5 and also the learned counsel appearing for respondent No.2.

2. Respondent No.6 - Society though served with notice has remained absent.

3. In substance, the petition is filed seeking right to vote in the election to the board of respondent-co-operative society on the premise that the ineligible voters' list published by the respondent Society is contrary to the mandatory provisions of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules 1960 (Hereinafter referred to as the 'Rules, 1960' for short). In terms of the interim order granted by this Court, the petitioners claim to have cast their votes in the election to the Board of respondent Society, held on 10.01.2024. The results have not been announced. The same has been withheld in terms of the interim order granted by this Court.

4. The respondent-Society though served with the notice has not chosen to appear and contest the petition. The allegations made in the writ petition relating to non-compliance of Rule 13-D(2-A) of the Rules, 1960 are not controverted by filing statement of objections. The documents on record do not indicate compliance of requirements of Rule 13-D(2-A) of Rules, 1960.

5. Since there are no materials to hold that requirements of Rule 13-D(2-A) are complied, this Court proceeds on the assumption that the requirements of Rule 13-D(2-A) of Rules, 1960 are not complied. In a situation where the respondent-society admitted non-compliance of Rule 13-D(2-A) of Rules, 1960, the co-ordinate bench of this Court in H S Raju And Others v. State Of Karnataka And Others reported in (2022(4) AKR 775) has permitted the votes to be counted and the election results to be announced keeping open all other contentions to be adjudicated in appropriate forum under Section 70(2) of the Karnataka Co-operative Societies Act, 1959. Since, there is no contest by the respondent-Society, the principle laid down in H S RAJU supra can be applied to the facts of the present petition.

6. Under these circumstances, the following:

Order

(i) The writ petition is allowed-in-part.

(ii) The Returning Officer shall announce the results of the election to the Board of the respondent - Society held on 10.01.2024 by counting the votes of the petitioners.

(iii) If any person entitled to raise a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, raises a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the board of respondent-Society, the said dispute shall be decided without being influenced by the interim order granted by this Court permitting the petitioners to vote in the election to the board of respondent-society. It is made clear that this Court while granting interim order in favour of the petitioners, has not given any finding on the eligibility of the petitioners to vote in the election to the board of the respondent-Society.

(iv) The question as to the eligibility of the petitioners to vote in the election is kept open to be decided in a dispute if any, raised in this regard.

(v) If any such dispute relating to the eligibility of the petitioners to vote in the election to the board of respondent-Society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing final orders.

(vi) The ballot papers containing the votes cast by the petitioners shall be kept in a separate sealed box after counting.

(vii) While counting the votes cast by the petitioners, a separate list shall be prepared disclosing the number of votes cast by the petitioners in favour of the candidates. Said list shall be separately maintained and be furnished to the authority, if summoned, while hearing election dispute in case such dispute is