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2025 Supreme(Kar) 2946

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. Uma, J.
Sri Napanda K Erappa, S/o Kalayya – Petitioner
Versus
The State Of Karnataka, Department Of Co-Operation - Respondent
Writ Petition No. 31868 of 2025 (CS-EL/M)
Decided On : 03-11-2025

Advocates Appeared:
For the Petitioner:Sri. Varun Jaykumar Patil., Advocate
For the Respondent:Sri. Yogesh D. Naik, Aga, Sri. A. Devaraj, Advocate

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.

Headnote:(A) Karnataka Co-operative Societies Act, 1959 - Section 70 - Writ of Mandamus sought to include names in voters' list for the elections scheduled on 26.10.2025 - Court affirmed that petitioners did not raise dispute under Section 70 and reserved liberty for them to do so within two weeks. (Paras 2-6)

(B) Election Procedure - Court cannot bypass statutory provisions for relief sought, emphasizing procedural adherence and authority. (Paras 5-6)

Facts of the case:
The petitioners sought a writ for their inclusion in the eligible voters' list in a timely manner for the elections. They were allowed to cast votes on an interim basis whilst the petition was pending.

Findings of Court:
The court disposed of the petition reserving the right for the petitioners to invoke Section 70 before the appropriate authority, without interfering in the election process.

Issues: Whether the court should intervene without the petitioners exhausting available remedies under the KCS Act.

Ratio Decidendi: The court held that bypassing the statutory provisions is not permissible, and the petitioners retained the right to invoke Section 70 to raise their dispute before the designated authority.

Result: Petition disposed off.

ORDER :

M G UMA, J.

Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1 and 4.

2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondents 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. 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. 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. There is no bar for the petitioners to invoke Section 70 of the KCS Act before the appropriate authority raising dispute. 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 , within two weeks from today.

In the meantime, the Returning Officer-respondent No.4 is directed to announce the election result without counting the votes already cast by the petitioners.

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