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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
R.NATARAJ
Anant Rama Naik – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)
1. Petitioners have sought a writ in the nature of certiorari to quash the final voters’ list published by respondent No.5 and to direct the respondents to publish a final list of eligible non- borrower members by including their names in the list of voters for the elections to the Managing Committee of respondent No.5 scheduled on 04.01.2026.
2. The petitioners contend that they are members of respondent No.5. Respondent No.5 proposed to conduct elections to its Managing Committee and, for that purpose, initiated the process of preparation of the eligible and ineligible voters’ lists in accordance with Rule 13-D of the Karnataka Co-operative Societies Rules, 1960.
3. The grievance of the petitioners is that their names were not included in the list of eligible non-borrower members on the ground that they had failed to attend four consecutive general body meetings of respondent No.5 and had also failed to avail the minimum facilities and conduct the minimum transactions as prescribed under Section 20(2)(d) of the Karnataka Co-operative Societies Act (for short, ‘the Act’). Aggrieved by their exclusion from the list of eligible voters, th
Court upheld exclusion from voters' list due to non-compliance with statutory requirements, confirming petitioners must pursue remedies under the Act instead of seeking writ relief.
The court upheld that individuals excluded from a cooperative's voters' list must follow statutory procedures, including pursuing remedies under Section 70 of the Karnataka Co-operative Societies Act....
Eligibility disputes regarding voters must utilize statutory remedies before seeking judicial intervention as per the Karnataka Cooperative Societies Act.
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....
The court ruled that procedural non-compliance does not automatically validate disqualified votes, and eligibility must be determined in accordance with the relevant statutory provisions.
The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.
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