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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
M. Shankar Kharvi, S/o. M.S. Shesha – Appellant
Versus
State Of Karnataka Department Of Co-operation, – Respondent
ORDER :
K.S. HEMALEKHA, J.
Petitioners in this petition are seeking to direct respondents to include the names of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.5 which was scheduled to be held on 29.12.2024.
2. This Court, by way of interim arrangement on 27.12.2024, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 29.12.2024 to the Board of Directors of respondent No.5-society subject to the final outcome of this writ petition.
3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued.
4. Rule 13-D of the KCS Rules, 1960 reads as under:
“13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.–
(a) the name and address of the socie
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.
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....
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
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....
Procedural non-compliance in election eligibility does not cure disqualification; eligibility disputes must be resolved under the relevant provisions of the Act.
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