Electoral irregularities must be remedied through specified statutory procedures, and courts should generally refrain from interfering with elections once conducted unless severe illegality is demonstrated.

ORDER :

1. The petitioners are before this Court seeking the following reliefs:

“IN W.P.NO.106522/2023:

A. Issue a Writ in the nature of Certiorari quashing impugned endorsement rejecting the nomination of petitioner issued by 4th respondent vide Annexure-J, J1 to J11 in the ends of justice and equity.

B. Issue a writ in the nature of Mandamus directing the 4th respondent to accept the nomination of the petitioners and to conduct the elections schedule to be held on 29/10/2023 vide annexure-c in the ends of justice and equity.

IN W.P.NO.106929/2023:

A. Issue a writ in the nature of Mandamus directing the 1^st respondent Cooperative Election Authority to hold enquiry/ investigation into the misconduct of 3^rd and 4^th respondent in conducting the elections to the 5^th respondent Society in the ends of justice and equity.

B. Direct the 1^st respondent Cooperative Election Authority to conduct fresh elections to Board of Management of the 5^th respondent Society in the ends of justice and equity.

C. Issue a Writ in the nature of Certiorari quashing impugned endorsement dated 19/11/2023 rejecting the nomination of petitioners issued by 4^th respondent vide Annexure-E in the ends of justice and equity.

D. Issue a Writ in the nature of Mandamus directing the 4^th respondent to accept the nomination of the petitioners and to conduct the elections schedule to be held on 26/11/2023 in the ends of justice and equity.”

2. This Court owing to the submissions made by the counsel for the petitioners had directed not to announce the results. In the companion petition, the results are already announced. Therefore, the issue is whether the writ petition would be entertainable at this stage or the petitioners will have to relegate it to file an election petition under Section 70 of the Karnataka Co-operative Societies Act before the Assistant Registrar of Cooperative Societies.

3. The learned counsel for the petitioners submits that there are several allegations regarding the conduct of elections or preparation of the voters' list or even violation of the statutory provisions. Even if that be so, since the elections are already over, in a plethora of cases, this Court has passed an order that relegating those petitioners to file a dispute under Section 70 of the Karnataka Co-operative Societies Act.

4. Learned counsel appearing for the petitioners would further submit that the issue in the lis stands covered by the judgment rendered by this Court in Writ Petition No.107505/2024, disposed on 29^th January 2025, wherein it is held as follows:

1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7^th June 2022. The Coordinate Bench of this Court held as follows:

“8. In the light of these rival submissions, the question for consideration is:

Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.

9. The provisions of Rule 13-D

(2-A) of the Rules read as hereunder:

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:-

(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;

(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;

(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election.

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

The underlining is by this Court.

10. These provisions do no