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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. Uma, J.
G.R.Suhas Raj, S/O G.V. Rajesh – Petitioner
Versus
State Of Karnataka Department Of Co-Operative Society - Respondent
Writ Petition No. 31886 of 2025 (CS-EL/M)
Decided On : 03-11-2025
| Table of Content |
|---|
| 1. members seeking elections as per cooperative laws. (Para 1 , 2) |
| 2. interim order permits voting under challenge. (Para 3) |
| 3. court emphasizes alternative remedies under cooperative law. (Para 4) |
ORDER :
M G UMA, J.
Heard Sri. Mahesh.C.M, learned counsel for the petitioners, Sri. Yogesh D Naik, learned Additional Government Advocate for respondents No.1, 2 and 4 and Sri.Devaraj A, learned counsel for respondent No.3.
2. Petitioners being the members of respondent No.5 -Cooperative Bank Ltd., have approached this Court seeking issuance of writ in the nature of mandamus directing respondents to conduct the elections to respondent No.5 for the term 2025-30 in accordance with the list of members produced as per Annexure - A.
3. The election for the society was held on 26.10.2025. As per the interim order, petitioners were permitted to cast their votes in the election that was held on 26.10.2025, subject to the final outcome of the petition. It is ordered that petitioners shall not claim any equities in this regard. Pursuant to the interim order, petitioners have exercised their right and cast the votes.
4. Since the petitioners are challenging Annexure-A, 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 is directed to declare the election result without counting their votes cast by the petitioners.
Alternative remedies must be exhausted before invoking writ jurisdiction, reinforcing legislative provisions in the Karnataka Co-operative Societies Act.
A writ petition should not be entertained when an alternative remedy exists under applicable statutes, directing parties to pursue such remedies first.
Court emphasized the necessity to pursue alternative remedies under Section 70 of the KCS Act before seeking judicial intervention.
The court affirmed that judicial intervention is unwarranted when an alternative statutory remedy is available, specifically under the Karnataka Co-operative Societies Act.
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.
Writ petitions cannot be entertained when statutory remedies are available; alternative dispute mechanisms must be pursued.
Courts will not entertain petitions if alternative remedies are available, emphasizing the need to exhaust such remedies before seeking judicial intervention.
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....
The court emphasized adherence to statutory procedures, allowing petitioners to invoke their rights under Section 70 of the KCS Act before seeking further judicial intervention.
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