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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
M.NAGAPRASANNA
Mallesh Ramappa Waddar – Appellant
Versus
Laxmeshwar Primary Co-Operative & Rural Development Bank Ltd., Represented By Its President – Respondent
ORDER :
M.NAGAPRASANNA, J.
Petitioners are before this Court seeking the following prayers.
IN W.P. NO.107365/2024
ii) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to conduct election of the 1st respondent Bank in after following due process of law in the interest of justice and equity.
IN W.P. No.107595/2024
i) Issue a writ of certiorari by quashing the endorsement issued by the 3rd respondent vide Annexure-D dtd. 12/12/2024.
ii) Issue a writ of mandamus directing the Returning officer to not to act upon the nomination given by the 5th respondent, and not to allow her to contest in the election which are going to be held on 15/12/2024.”
2. Going to the prayer sought by the petitioners, this Court had granted an interim order in each of these cases which read as follows:
“In W.P. No.107365/2024:
1. Learned AGA takes notice for respondents 4 and 6.
2. Learned counsel Sri. G. V. Bharamagoudar takes notice for respondent No.3.
3. Issue emergent notice to respondents 1 and 2 showing the returnable dated as 15.12.2024.
4. Requisite process fee in three days.
5. The learned counsel for the petitioners submits that out of a total num
The court underscored that proper notice is mandatory for electoral eligibility, reinforcing that democratic processes must be transparent and participatory.
Electoral irregularities must be remedied through specified statutory procedures, and courts should generally refrain from interfering with elections once conducted unless severe illegality is demons....
Compliance with election procedures under statutory rules is essential, and eligibility disputes must be resolved independently of interim orders.
Alternative remedies must be exhausted before invoking writ jurisdiction, reinforcing legislative provisions in the Karnataka Co-operative Societies Act.
The court held that non-attendance at meetings due to COVID-19 restrictions should not disqualify members from voting, affirming that disputes about eligibility typically fall under statutory provisi....
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