A writ petition should not be entertained when an alternative remedy exists under applicable statutes, directing parties to pursue such remedies first.

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 circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act.

Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of copy of this order.

The Returning Officer - Respondent No.6 is directed to declare the election result without counting the vote cast by petitioners.