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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Marigowdanadoddi Milk Producers Women’s Co Operative Society Ltd. – Appellant
Versus
State Of Karnataka Department Of Co-Operation – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners are is before this court seeking for the following reliefs:
1. Issue a writ of Mandamus directing the Respondents to follow the provision contained in Rule 13 D(2-A) of Karnataka Co-operative Societies Rules, 1960 and conduct the ensuing elections to the Board of Management of 5th Respondent Union by including the names of the petitioners in the list of Eligible voters and permitting them to contest and cast their votes in the election which is scheduled to be held on 02.02.2025.
2. To issue any other appropriate writ, order or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
2. The Petitioners are primary Co-operative societies being members of Respondent No.5 - Mandya District Co-operative Milk Producers Societies Union Limited [‘Mandya Union’ for short]. Elections having been announced, a list of eligible and ineligible voters was published, wherein the petitioners’ name was not included in the eligible voters list on account of they not having been attended a minimum two Annual General Body Meetings of the Mandya Union.
3. The calendar of events havi
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 preparation of electoral rolls is integral to the election process, and disputes regarding eligibility must be resolved under Section 70 of the Karnataka Co-Operative Societies Act, 1959.
Procedural non-compliance in election eligibility does not cure disqualification; eligibility disputes must be resolved under the relevant provisions of the Act.
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.
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
Judicial review is limited when alternative statutory remedies are available; petitioners permitted to vote but advised to pursue formal dispute under applicable law.
The court affirmed the right to vote in co-operative society elections despite non-compliance with eligibility rules, allowing votes to be counted while keeping eligibility disputes open for future r....
The court held that electoral participation must be facilitated within legal timelines, ensuring those eligible to vote are included in electoral processes, reflecting a commitment to democratic prin....
Compliance with election procedures under statutory rules is essential, and eligibility disputes must be resolved independently of interim orders.
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