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2025 Supreme(Kar) 143

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S Sunil Dutt Yadav, J.
Sri Gopal R – Petitioner 
Versus 
The State of Karnataka and Others – Respondents
WP No. 19109 of 2025 (GM - KSR), WP No. 17599 of 2025, WP No. 17958 of 2025 
Decided On : 04-07-2025

The Court affirmed that judicial review under Article 226 ensures fair elections, emphasizing the need for accurate voters' lists and allowing intervention only to rectify significant irregularities.

Headnote:(A) Constitution of India - Article 226 - Election process - Interim order granted staying election process - Several writ petitions filed concerning elections to Karnataka Rajya Gangamathastara Sangha - Interim order maintained due to large-scale omissions in voters' list requiring verification - Need for true representation of membership emphasized. (Paras 5, 10, 32)

(B) Judicial review - Powers under Articles 226/227 are essential features of the Constitution, and may be exercised at court's discretion to ensure fair elections. (Paras 26, 30)

(C) Interim orders - Courts should not halt elections unless significant irregularities regarding voters' list are demonstrated. (Paras 12, 32)

Facts of the case:
Several writ petitions were filed challenging the election process of a significant organization due to concerns that the voters' list was flawed, with assertions of missing names of eligible voters.

Findings of Court:
The court found justification for the stay of the election to ensure electoral integrity and representation, emphasizing voter verification.

Issues: The central issues were the legitimacy of the voters' list and the implications of alleged irregularities on the election process.

Ratio Decidendi: The court reasoned that the interference was necessary to rectify defects and uphold the constitutionally mandated electoral process. The court underscored the importance of judicial review in preserving fair representation.

Result: Stay on election process upheld, and interim order maintained.

Table of Content
1. petitions relate to election procedures. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8)
2. court observations on election irregularities. (Para 3 , 10 , 21 , 23 , 24 , 27 , 31 , 33 , 36)
3. arguments on election process interference. (Para 11 , 12 , 13 , 14 , 17 , 18 , 20 , 22 , 26)
4. judicial review power in elections. (Para 25 , 28 , 30 , 32 , 34)
5. court's decision to maintain integrity in electoral procedures. (Para 35)
6. conclusion on impleading and stay. (Para 38 , 39)

ORDER :

S Sunil Dutt Yadav, J.

1. I.A.Nos.2/2025 and 3/2025 have been filed by the applicants seeking to be impleaded as additional respondents in Writ Petition No.17599/2025. It is stated that the impleading applicants have an interest in the subject matter of the Writ Petition and at the instance of petitioner in W.P.No.17599/2025 who hails from Magadi Taluk Constituency, the entirety of the election to the State ought not to be tinkered with.

2. I.A.No.4/2025 has been filed in W.P.No.17599/2025 on 04.07.2025 seeking for vacation of the interim order passed on 02.07.2025 or modify the orders appropriately as sought for in the Writ Petition by restricting the interim orders only to Magadi Taluk Constituency.

3. By virtue of the interim order passed on 02.07.2025, which order was passed as a common order relating to the proceedings in W.P.No.19109/2025 c/w W.P.No. 17599/2025 and W.P.No.17958/2025.

4. At the outset, it must be noticed that the three Writ Petitions referred to above relate to the proposed elections to be conducted to the Karnataka Rajya Gangamathastara Sangha®.

5. W.P.No.17599/2025 has been filed seeking for a relief not to proceed with the election process in terms of the Notification/Calendar of Events dated 12.06.2025 unless the Voters' List at Annexure-'B' is updated in terms of the objections filed.

6. W.P.No.17958/2025 has been filed seeking for issuance of a writ of certiorari to set aside the Election Notification dated 12.06.2025 at Annexure-'F', including the other reliefs relating to Enquiry Reports.

7. W.P.No.19109/2025 has been filed seeking for issuance of writ of mandamus to set aside the final list of candidates at Annexure-'F'.

8. This Court had passed an order taking up the above said Writ Petitions together on 02.07.2025, prior to which, W.P.No.17599/2025 was taken up on various dates, including 24.06.2025. The order passed on 24.06.2025 is as follows:-

"Learned AGA accepts notice for respondents.

In light of the submission made that the directions of the Coordinate Bench regarding the rectification of voters list has not been complied with as made in W.P.No.24137/2024, the calendar of events issued is subject to orders to be passed.

List this matter in 'Preliminary Hearing' list on 26.06.2025."

9. On various dates when the matter was called, the Administrator was also present.

10. The order on 02.07.2025 was passed after a detailed hearing, which reads as follows:-

"W.P.Nos.19109/2025, W.P.No.17599/2025 and W.P.No.17958/2025 are taken up together.

Learned AGA accepts notice for respondents 1 and 2.

Issue emergent notice to respondent No.3.

It is submitted that the election is slated on 06.07.2025.

Sri. Vivek Subba Reddy, learned Senior Counsel appearing for the petitioner in W.P.No.17599/2025 has drawn the attention to the order at Annexure-E and points out the context in which the administrator was appointed apart from certain other aspects was non- holding of election, despite the lapse of 5½ years. It is also pointed out that certain observations have been made regarding the voters list.

Learned counsel appearing for petitioner in W.P.No.17958/2025 submits that the voters list as on the year 2020 includes voters of 41000 members. It is further submitted that they would place on record along with affidavit the voters list of 41000 members. It is specifically asserted that present voters list prepared by the administrator on role has approximately 28000 voters only.

The very assertion of the petitioner in W.P.No.17958/2025 requires serious

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