Election eligibility disputes under the Karnataka Co-operative Societies Act must be resolved post-election results, not via writ petitions under Article 226.

ORDER :

SURAJ GOVINDARAJ, J.

1. The petitioners are before this Court seeking for the following reliefs:

i. Issue a Writ of mandamus and direct the Respondent No. 05 and any other concerned respondent to create and publish a new list of eligible voters by including the names of the petitioners herein.

ii. Issue a Writ of Mandamus and direct the Respondent No. 05 and any other concerned Respondent to permit the Petitioners herein to cast their vote in the elections to be held on 22/12/2024.

iii. Declare the results of the election by including the votes cast by the petitioners herein.

iv. Grant any other relief as deemed fit in the facts and circumstances of the case in the ends 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.

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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 regard 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 matter.

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

ORDER

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i) The Writ Petition is disposed of

ii) The Returning Officer in the above matter 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 petitioner in the above matter.

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.