The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.

ORDER :

M G UMA, J.

Heard Sri. Pruthvi Wodeyar, learned counsel for the petitioners, Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1, 3 and 6 and Sri.A.Devaraj, learned counsel for respondent No.5 in WP No. 31520 of 2025 and Sri.Jai Prakash Reddy M, learned counsel for the petitioners, Sri.Yogesh D Naik, learned Additional Government Advocate for respondents Nos.1, 3 and 4 and Sri. A.Devaraj, learned counsel for respondent No.2 in WP.No.31452/2025.

2. In WP.No.31520/2025, the petitioners being the members of respondent No.4- Society have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 6 to include their names in the eligible voters list of respondent No.4 - Society in the election scheduled to be held on 19.10.2025 as per the calendar of events at Annexure - B dated 30.09.2025 issued by respondent No.6.

In WP.No.31452/2025, the petitioners being the members of respondent No.5 - Society have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 5 to include the name of the petitioners in the eligible voters list of respondent No.5 - Society in the election referred to above as per calendar of events at Annexure - C dated 30.09.2025 issued by respondent No.4.

3. The election for the society was held on 19.10.2025. As per the interim order, petitioners were permitted to cast their votes in the election that was held on 19.10.2025, subject to the final outcome of the petition. Pursuant to the interim order, petitioners have exercised their right and cast the votes.

4. Since the petitioners are challenging Annexure-B and Annexure - C respectively, 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.

5. Hence, the petition is disposed off, reserving liberty with 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.

6. The Returning Officer is directed to declare the election result without counting the vote casted by petitioners.