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2025 Supreme(Kar) 856
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Marigowdanadoddi Milk Producers Women’s Co Operative Society Ltd. - Appellant
Vs.
The State Of Karnataka Department Of Co-Operation - Respondent
Writ Petition No. 1375 Of 2025 (CS-EL/M)
Decided On : 02-05-2025
Advocate Appeared:
For the Appellant :Prof. Ravivarma Kumar., Sr. Advocate For Sri. Mahamad Tahir., Advocate
For the Respondent:Smt. Prathima Honnapur., AAG A/W Sri. Yogesh D. Naik., AGA Sri. T.L. Kiran Kumar., Advocate Sri. Sandesh T.B., Advocate Sri. Mr. Rajgopal., Sr. Advocate For Sri. Vinaya H.
Important Points
Subject
Election Law - Co-operative Societies
Act Referred
KARNATAKA CO-OPERATIVE SOCIETIES ACT: S.70(2)
Headnote
(B) Jurisdiction of Court - The Court observes that disputes regarding voters' eligibility must conventionally be addressed under Section 70(2) of the KCS Act, rather than in a writ petition, except in exceptional cases. (Paras 15.1, 16.1)
Facts of the case:
Petitioners, part of a milk producers society, challenged their exclusion from the voters' list for failing to attend minimum meetings. They sought a writ mandamus to allow their participation in the electoral process amidst the pandemic. (Paras 1-3)
Findings of Court:
Court ruled that attendance during COVID should not disqualify members and permitted the counting of their votes in the election held. (Paras 16.8, 17.1)
Issues: Whether a dispute regarding voters' eligibility can be resolved through writ petitions, and if the Petitioners should be allowed to vote in the election. (Paras 13, 15)
Ratio Decidendi: Court asserted that eligibility disputes should typically be resolved under the KCS Act's procedural framework but recognized the extraordinary circumstances surrounding the pandemic that justified allowing the Petitioners to vote. (Paras 15.1, 16.4)
Result: Writ Petition is allowed, votes of Petitioners to be counted.
| Table of Content |
|---|
| 1. relief sought for voting rights in an election. (Para 1 , 2 , 3 , 4) |
| 2. procedural issues raised during the election process. (Para 5 , 6 , 7 , 8) |
| 3. arguments regarding election eligibility and disputes. (Para 9 , 10 , 11) |
| 4. court’s analysis of the legal framework for eligibility disputes. (Para 12 , 13) |
| 5. points of law regarding election and eligibility. (Para 14 , 15 , 16) |
| 6. court's final order regarding counting of votes. (Para 17) |
| 7. final order directing the counting of votes and addressing eligibility. (Para 18) |
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 having been published on 10.01.2025, the date of election was fixed as 02.02.2025, It is in that background that the Petitioners had approached this Court seeking for the aforesaid reliefs.
4. This Court initially on 22.01.2025 had permitted the Petitioners to cast their votes in the upcoming elections, however, directing the said votes to be kept in a separate ballot box and made the announcement of the result of the elections subject to further orders of this Court. It is in pursuance thereof that the Petitioners have voted at the elections on 02.02.2025.
5. Respondents having been served have entered appearance.
6. During the pendency of the matter an application for impleading was filed by one other co-operative society and the President of the said co-operative society, contending that the Petitioners had suppressed material facts, the proposed Respondent No.7 had contested the election of the Mandya Union and the Petitioners being ineligible members, their votes cannot be taken into consideration. The said application has been opposed by the Petitioners.
7. Thereafter, an application under Order 6, Rule 17 of the Code of Civil Procedure, 1908 came to be filed on 13.02.2025 seeking for insertion of certain additional grounds in the Petition. The Managing Director of the Mandya Union has filed an affidavit indicating that the notices under Rule 13D of the Karnataka Co- operative Societies Rules, 1960 [‘KCS Rules’ for short] have been issued by RPAD on 02.02.2024, 18.05.2024, 28.06.2024 and the postal receipts thereof have also been produced along with the said affidavit. However, acknowledgement of service has not been produced. The amendment application has been allowed and thereafter, the amended petition has been filed.
8. The impleading applicant has filed his statement of objections to the main petition. Vide order dated 14.02.2025, this Court has observed that the impleading application would be heard along with the main matter. IA No.3 of 2025 has been filed for disposal of the above petition. It is in that background that the above petition was taken up for hearing on 22.04.2025.
9. Prof. Ravivarma Kumar, learned Senior Counsel appearing for the Petitioners would submit that,
9.1. Certain other matters have been dispose
