IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M G UMA
Gangadharappa Gowda S/O Gangegowda – Appellant
Versus
State of Karnataka Department of Co-Operation – Respondent
ORDER :
M.G. Uma, J.
Heard Sri R Ganesha, learned counsel for the petitioners, Sri Yogesh D Naik, learned Additional Government Advocate for respondents Nos.1, 3 to 6 and Sri A Devaraj, learned counsel for respondent No.2. Perused the materials on record.
2. Petitioners being the members of respondent No.5 -Bank, have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 6 to include the names of the petitioners in the eligible voters list i.e., Annexure - B and permit the petitioners to cast their votes in the election to respondent No.5 - Bank, which is scheduled to be held on 10.09.2025.
3. The election of the Bank was held on 10.09.2025. As per the interim order, petitioners were permitted to cast their votes in the election that was held on 10.09.2025, subject to the final outcome of the petition. Pursuant to the interim order, petitioners have exercised their right and cast their votes.
4. Since the petitioners are challenging Annexure-B, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such cir
A writ petition should not be entertained when an alternative remedy exists under applicable statutes, directing parties to pursue such remedies first.
Court emphasized the necessity to pursue alternative remedies under Section 70 of the KCS Act before seeking judicial intervention.
Courts will not entertain petitions if alternative remedies are available, emphasizing the need to exhaust such remedies before seeking judicial intervention.
Court upheld the necessity for parties to first utilize available statutory remedies before seeking judicial intervention.
The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.
Alternative remedies must be exhausted before invoking writ jurisdiction, reinforcing legislative provisions in the Karnataka Co-operative Societies Act.
The court emphasized adherence to statutory procedures, allowing petitioners to invoke their rights under Section 70 of the KCS Act before seeking further judicial intervention.
The court upheld that petitioners must utilize the alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, dismissing the writ petition challenging the ineligible voters list....
Judicial review is limited when alternative statutory remedies are available; petitioners permitted to vote but advised to pursue formal dispute under applicable law.
Writ petitions cannot be entertained when statutory remedies are available; alternative dispute mechanisms must be pursued.
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