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.

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. Under such circumstances, I do not find any reason to entertain the petition.

5. Hence, the petition is disposed off, reserving liberty to the petitioners to raise dispute under Section 70 of the KCS Act, if they are advised to do so, within a period ten days from the date of receipt of copy of the order.

The Returning Officer-respondent No.6 is directed to declare the election result without counting the votes cast by the petitioners.