Court upheld the necessity for parties to first utilize available statutory remedies 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 3.

2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondents No.2 to 5 to include their names in the eligible voters' list of respondent No.4 society and permit them to contest and cast votes in the election that was scheduled to be held on 26.10.2025, produced as per Annexure-C.

3. Learned Additional Government Advocate submits that, as per the interim order dated 24.10.2025, the petitioners were permitted to cast votes in the election that was held on 26.10.2025 subject to final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. The petitioners have not raised dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority and therefore, he prays for passing appropriate orders.

4. Learned counsel for the petitioners submits that he has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter.

5. Now the purpose of the petitioners is served and they were permitted to cast vote in the election that was held on 26.10.2025. Since the petitioners are challenging Annexure-C, they will have the alternative remedy to raise dispute under Section 70 of 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.

6. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 KCS Act, within two weeks from today.

In the meantime, the Returning Officer-respondent No.5 is directed to announce the election result without counting the votes already cast by the petitioners.