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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
PRADEEP SINGH YERUR, J
Laxminarayan S/o Venkatraman Bhat – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
PRADEEP SINGH YERUR, J.
1. Writ Petition No.107959/2024 is filed by the petitioners seeking a writ of mandamus directing respondent Nos.3 to 5 to include the name of the petitioners in the final eligible/borrower voters list and permit them to cast vote in the 5th respondent-Society scheduled to be held on 28.12.2024 and for other consequential orders.
2. Writ Petition No.107823/2024 is filed by the petitioners seeking a writ of certiorari to quash the final ineligible voters list issued by respondent No.4 and mandamus directing respondents to conduct elections to the 7th respondent society scheduled to be held on 28.12.2024.
3. The petitioners are duly admitted members/borrowers members of the 5th and 7th respondent-Societies registered under the Co-operative Societies Act, 1959 (hereinafter referred to ‘the Act’, for short) in order to combat indebtedness and to empower citizens in the rural sector.
4. The District Election Officer declared the election to the 5th and 7th respondent-Societies pursuant to which calendar of events were issued by the Returning Officer dated 20.11.2024. It is the contention of the learned counsel for the petitioners that the Returning Officer a
The right to participate in co-operative elections is constitutional and must adhere to statutory procedures; violations may invalidate disqualifications based on process failures.
Court reaffirmed that election processes should not be interrupted over alleged electoral roll breaches; such issues can be contested through election petitions post-election.
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.
Electoral disputes about voter eligibility must be addressed post-election results under the Karnataka Co-operative Societies Act, not by writ petitions under Article 226 of the Constitution.
Participation in elections by individuals deemed ineligible does not invalidate election results if due process is followed, allowing courts to permit such participation.
The court upheld that individuals excluded from a cooperative's voters' list must follow statutory procedures, including pursuing remedies under Section 70 of the Karnataka Co-operative Societies Act....
The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.
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.
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