IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
Suraj Govindaraj
Nagappa S/O Mahabaleshwara – Appellant
Versus
State Of Karnataka Rep.By Its Principal Secretary Department Of Co-Operation – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
1. The petitioners are before this Court seeking for the following reliefs:
In W.P.No.108033/2024
A) Issue a Writ of Certiorari quashing the Loanee final ineligible voters list issued by Respondent No.4 marked at Annexure B in so far as petitioners no. 1 to 439 are concerned in the election to the board of 6th respondent society for the term 2024 to 2029.
b) Issue a writ of Certiorari quashing the non Loanee final ineligible voters list issued by Respondent No.4 marked at Annexure C in so far as Petitioners No. 440 to 469 are concerned in the election to the board of 6th respondent Society for the term 2024 to 2029.
c) Issue a writ of mandamus directing the respondents to conduct the elections to the 6th respondent society for the term 2024-2029 scheduled to be held on 5-1-2025, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A dated 4- 12-2024 issued by respondent no.5.
d) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.
In W.P.No.108009/2024
a) Issue a Writ of Certiorari quashing the final ineligib
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.
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.
A writ petition under Article 226 is not the appropriate remedy for electoral eligibility disputes, which should be addressed under Section 70(2) of the Karnataka Co-Operative Societies Act post-elec....
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.
Election irregularities must be addressed under the specific provisions of the relevant statute rather than through Article 226 of the Constitution.
Election eligibility disputes under the Karnataka Co-operative Societies Act must be resolved post-election results, not via writ petitions under Article 226.
Disputes regarding eligibility in cooperative society elections must follow procedural mandates of Section 70(2) post-results, not under Article 226.
Disputes regarding voter eligibility in cooperative society elections must be adjudicated post-election under statutory provisions, not through writ petitions.
Election-related disputes regarding voter eligibility must be raised under Section 70(2) of the Karnataka Co-operative Societies Act post-election results, not via Article 226.
Electoral disputes regarding voter eligibility should be addressed under statutory provisions rather than through writ petitions, preserving the integrity of election processes.
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