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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Bhimanagouda Goudar S/o Jadiyappagouda – Appellant
Versus
State Co-Operative Election Authority – Respondent
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 1st respondent Cooperative Election Authority to hold enquiry/ investigation into the misconduct of 3rd and 4th respondent in conducting the elections to the 5th respondent Society in the ends of justice and equity.
B. Direct the 1st respondent Cooperative Election Authority to conduct fresh elections to Board of Management of the 5th 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 4th respondent vide Annexure-E in the ends of justice and equity
Electoral irregularities must be remedied through specified statutory procedures, and courts should generally refrain from interfering with elections once conducted unless severe illegality is demons....
The court underscored that proper notice is mandatory for electoral eligibility, reinforcing that democratic processes must be transparent and participatory.
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....
Procedural deficiencies in electoral processes for co-operative societies, particularly failing to notify affected members, invalidate elections and require rectification through judicial interventio....
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