Electoral disputes regarding voter eligibility must be resolved under statutory provisions, specifically Section 70(2) of the Karnataka Co-operative Societies Act, 1959, rather than Article 226 of the Constitution.

ORDER :

Suraj Govindaraj, J.

1. This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others, [W.P.No.8502/2022 dated 7.6.2022] 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 votes cast by the petitioners.

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.

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 votes cast by the petitioners 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 votes cast by the respective petitioners 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.