IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.UMA
Sandeep H.K., S/o. H.V. Krishna Murthy – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary, Department Of Co-Operation – Respondent
ORDER :
M.G.UMA, J.
In W.P.No.2043/2025, the petitioners have sought for quashing the ineligible voters list dated 21.01.2025 issued by respondent No.4 produced as per Annexure - A and also direct respondent Nos.4 and 5 to include their names in the eligible voters list, permit them to contest and vote in the election to the Committee of management of respondent No.4, that was scheduled on 09.02.2025.
2. In W.P.No.2551/2025, the petitioners have sought for writ of mandamus directing respondent Nos.2 to 5 to include the names of the petitioners in the eligible voters list, who are now in the ineligible voters list as per Annexure -A and permit them to cast their votes in the elections to respondent No.5 that was scheduled on 09.02.2025.
3. In W.P.No.2833/ 2025, the petitioners have sought for quashing the ineligible voters list dated 21.01.2025 issued by respondent No.4 produced as per Annexure - A and also direct respondent Nos.4 and 5 to include their names in the eligible voters list, permit them to vote in the election to the Committee of management of respondent No.4, that was scheduled on 09.02.2025.
4. In W.P.No.3170/2025, the petitioners have sought for writ of mandamus directing
Eligibility disputes regarding voters must utilize statutory remedies before seeking judicial intervention as per the Karnataka Cooperative Societies Act.
The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.
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....
Courts will not entertain petitions if alternative remedies are available, emphasizing the need to exhaust such remedies before seeking judicial intervention.
Court emphasized the necessity to pursue alternative remedies under Section 70 of the KCS Act before seeking judicial intervention.
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....
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.
Writ petitions cannot be entertained when statutory remedies are available; alternative dispute mechanisms must be pursued.
Court upheld the necessity for parties to first utilize available statutory remedies before seeking judicial intervention.
Judicial review is limited when alternative statutory remedies are available; petitioners permitted to vote but advised to pursue formal dispute under applicable law.
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