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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum
Kalappa. C, S/O Chaluvegowda – Appellant
Versus
State Of Karnataka, Department Of Co-Operation – Respondent
ORDER :
Sachin Shankar Magadum, J.
1.The present writ petition is filed on the apprehension that the petitioners may be disqualified under Section 29(c) of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959 and the Karnataka Co-operative Societies Rules, 1960, subsequent to the publication of the final list of eligible voters for the election to respondent No.10/Federal Bank, scheduled to be held on 26.06.2025.
2. On the first date of hearing, the learned Additional Government Advocate submitted that the apprehension of the petitioners is wholly misconceived. It is further contended that the present writ petition, which is in the nature of a prohibition, is not maintainable as the election process has already commenced as of today, no adverse orders have been passed against the petitioners, and moreover, the petitioners are participating in the election process scheduled for today.
3. In light of the above, this Court is of the considered view that the relief sought in the writ petition has become infructuous. Accordingly, the writ petition stands disposed of.
Writ petitions for prohibition are not maintainable once an election process has commenced, particularly without any adverse orders against the petitioners.
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....
Exclusion from a voters' list mandates recourse to statutory remedies, not writ jurisdiction, unless exceptional circumstances arise.
Writ jurisdiction cannot override statutory remedies when addressing electoral disputes in cooperative societies, particularly under Section 70 of the Karnataka Cooperative 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.
A writ petition becomes infructuous when the underlying issue, such as an election, is resolved and results are announced before the petition is heard.
The court underscored that proper notice is mandatory for electoral eligibility, reinforcing that democratic processes must be transparent and participatory.
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