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.

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 ineligible voters list issued by respondent no.5 marked at Annexure B in so far as petitioners are concerned in the election to the board of 6th respondent society for the term 2025 to 2030.

b) Issue a writ of mandamus directing the respondents to conduct the elections to the 6 respondent society for the term 2025-2030 scheduled to be held on 05.01.2025, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A.

c) 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.

2. This Court by way of various interim orders had permitted the petitioners, who were declared to be ineligible voters, to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

3. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others, [W.P.No.8502/2022 dated 7.6.2022] has after considering the matter in detail had come to a categorical conclusion that any irregularity in the conduct of election, a petition under Article 226 of the Constitution of India would not be the proper remedy and any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regards the election under Section 70 (2) of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959, after the announcement of the results by counting even the votes cast by the petitioners.

4. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matters.

5. In that view of the matter, I pass the following:

ORDER

i) The Writ Petitions are disposed of.

ii) The Returning Officer in the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the vote cast by the petitioners in the above matters.

iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues.