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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
Sachin Shankar Magadum, J, G. BASAVARAJA,
Ramanagouda S/o Basappa Basaraddi – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
SACHIN SHANKAR MAGADUM, J.
1. The captioned Writ Appeal is filed by the appellants - petitioners assailing the order dated 12.12.2024 passed by the learned Single Judge in W.P.No.107567/2024.
2. Heard learned counsel for the petitioners-appellants and learned AGA appearing for respondent No.1. Notice issued in respect of respondent Nos.2 to 5 are served.
3. We have given our anxious consideration to the order impugned in the captioned Writ Appeal.
4. The appellants-petitioners herein approached the Writ Court aggrieved by the action of the respondents in excluding their names from the voter's list. Before the Writ Court, the petitioners sought a writ of mandamus directing respondent Nos.3 to 5 to include their names in the final list of eligible borrower voters and to permit them to cast their votes in the election to the committee of management of respondent No.5, scheduled to be held on 15.12.2024.
5. Learned Single Judge citing the reported judgment rendered in the case of B. Ganganna and others vs. The State of Karnataka and others , ILR 2024 KAR 1901 declined to grant any indulgence thereby relegating the petitioners to avail remedy provided under Section 70 of the KARN
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.
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....
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....
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.
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 upheld exclusion from voters' list due to non-compliance with statutory requirements, confirming petitioners must pursue remedies under the Act instead of seeking writ relief.
Writ petitions for prohibition are not maintainable once an election process has commenced, particularly without any adverse orders against the petitioners.
The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.
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