Court emphasized the necessity to pursue alternative remedies under Section 70 of the KCS Act before seeking judicial intervention.

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 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 the order.

The Returning Officer-Respondent No.4 is directed to declare the election result without counting the vote cast by the petitioners.