IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. UMA
P R Sathyanarayana, S/O T Ramaswamy Shetty – Appellant
Versus
State Of Karnataka, Department Of Co Operation – Respondent
ORDER :
M G UMA, J.
Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1 and 4.
2. Petitioners being the members of respondent No.3 Society, have approached this Court seeking issuance of writ in the nature of Mandamus, to include their names in the eligible voters list and permit them to cast votes in the election that was scheduled to be held on 26.10.2025, produced as per Annexure-A.
3. As per the interim order dated 25.10.2025, petitioners were permitted to cast votes in the election that was held on 26.10.2025, subject to the final outcome of the petition. It is ordered that the petitioners shall not claim any equities in this regard. Pursuant to the interim order, petitioners have exercised their rights and cast 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.
5. Hence, the petition is disposed off, reserving liberty to the p
Court emphasized the necessity to pursue alternative remedies under Section 70 of the KCS Act before seeking judicial intervention.
Courts will not entertain petitions if alternative remedies are available, emphasizing the need to exhaust such remedies before seeking judicial intervention.
Court upheld the necessity for parties to first utilize available statutory remedies before seeking judicial intervention.
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.
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....
A writ petition should not be entertained when an alternative remedy exists under applicable statutes, directing parties to pursue such remedies first.
Writ petitions cannot be entertained when statutory remedies are available; alternative dispute mechanisms must be pursued.
Judicial review is limited when alternative statutory remedies are available; petitioners permitted to vote but advised to pursue formal dispute under applicable law.
Alternative remedies must be exhausted before invoking writ jurisdiction, reinforcing legislative provisions in the Karnataka Co-operative Societies Act.
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