IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. UMA
Chan Pasha S/O G Nazeer Ahamad – 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, 3 to 6 and 8.
2. The petitioners have approached this Court for issuance of writ in the nature of Certiorari, to quash the ineligible voters list prepared by respondent No.7-Society for the ensuing election of the Board of Directors for the period 2025-30, produced as per Annexure-A and to issue writ in the nature of Mandamus, to include their names in the eligible voters' list, and permit them to contest and cast votes in the election that was scheduled to be held on 26.10.2025.
3. As per the interim order passed by this Court dated 24.10.2025, the petitioners were permitted to cast votes in the election subject to the final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. Accordingly, the petitioners are said to have cast votes in the election that was held on 26.10.2025.
4. Since the petitioners are challenging Annexure-A, they will have the alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, (for short, 'the KCS Act') before the appropriate authority raising dispute.
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....
Courts will not entertain petitions if alternative remedies are available, emphasizing the need to exhaust such remedies before seeking judicial intervention.
Court emphasized the necessity to pursue alternative remedies under Section 70 of the KCS Act before seeking judicial intervention.
Court upheld the necessity for parties to first utilize available statutory remedies 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.
A writ petition should not be entertained when an alternative remedy exists under applicable statutes, directing parties to pursue such remedies first.
Judicial review is limited when alternative statutory remedies are available; petitioners permitted to vote but advised to pursue formal dispute under applicable law.
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.
Writ petitions cannot be entertained when statutory remedies are available; alternative dispute mechanisms must be pursued.
Eligibility disputes regarding voters must utilize statutory remedies before seeking judicial intervention as per the Karnataka Cooperative Societies Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.