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ANANT RAMANATH HEGDE
Marigowda – Appellant
Versus
State of Karnataka – Respondent
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 controver
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 r....
Compliance with election procedures under statutory rules is essential, and eligibility disputes must be resolved independently of interim orders.
The court ruled that procedural non-compliance does not automatically validate disqualified votes, and eligibility must be determined in accordance with the relevant statutory provisions.
Procedural non-compliance in election eligibility does not cure disqualification; eligibility disputes must be resolved under the relevant provisions of the Act.
The court held that non-attendance at meetings due to COVID-19 restrictions should not disqualify members from voting, affirming that disputes about eligibility typically fall under statutory provisi....
The preparation of electoral rolls is integral to the election process, and disputes regarding eligibility must be resolved under Section 70 of the Karnataka Co-Operative Societies Act, 1959.
Judicial review is limited when alternative statutory remedies are available; petitioners permitted to vote but advised to pursue formal dispute under applicable law.
Participation in elections by individuals deemed ineligible does not invalidate election results if due process is followed, allowing courts to permit such participation.
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