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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Suraj Govindaraj
Komala, W/o G.M. Gurumallappa – Appellant
Versus
State of Karnataka Department Of Co-Operation – Respondent
| Table of Content |
|---|
| 1. permission for ineligible voters to vote under specific conditions. (Para 1) |
| 2. previous ruling establishes ineligibility issues to be resolved post-election. (Para 2 , 3) |
| 3. order for election result announcement and future disputes. (Para 4) |
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 came to a categorical conclusion that any irregularity in the conduct of election in a petition under Article 226 of the Constitution of India would not be the proper remedy of 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 th
The court reaffirmed that electoral disputes regarding voter eligibility must be resolved under specific statutory provisions post-election, adhering to the finality of prior judgments.
Electoral eligibility disputes in cooperative society elections must be resolved post-election results through proper legal channels, rather than through interim measures.
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 th....
Disputes over eligibility of voters in co-operative society elections must be resolved under the Karnataka Co-operative Societies Act, 1959 post-election results, not through writ petitions under Art....
Electoral disputes regarding voter eligibility should be addressed under statutory provisions rather than through writ petitions, preserving the integrity of election processes.
Disputes regarding voter eligibility in cooperative society elections must be adjudicated post-election under statutory provisions, not through writ petitions.
Disputes regarding eligibility in cooperative society elections must follow procedural mandates of Section 70(2) post-results, not under Article 226.
Election irregularities must be addressed under the specific provisions of the relevant statute rather than through Article 226 of the Constitution.
Eligibility disputes in society elections must be raised post-election and under specified provisions of the Karnataka Co-operative Societies Act, not through Article 226.
Election disputes regarding eligibility must be addressed under Section 70(2) of the Karnataka Co-operative Societies Act after results, not through a writ petition under Article 226.
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