THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
ANNASAB S/O KRISHNA PATIL – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
ORDER :
1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P.No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June2022. The Coordinate Bench of this Court held as follows:
“8. In the light of these rival submissions, the question for consideration is:
Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.
9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder:
(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:-
(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;
(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;
(c) the scrutiny and verification of the v
The court emphasized the necessity of due process in the electoral process, ruling that deficiencies in preparing the electoral roll must be remedied to ensure fairness in elections.
Electoral roll preparation deficiencies require individual notices to affected members; elections may proceed despite alleged irregularities.
The electoral roll's preparation requires individual notices for excluded members, and deficiencies invalidate such exclusions, affirming the right to have votes counted.
Individuals excluded from the electoral roll must receive individual notices to protect their voting rights, as failure to do so invalidates the election process.
Procedural deficiencies in electoral roll preparation require adherence to due process, ensuring inclusion of all valid votes prior to final election results.
The court affirmed that failure to provide individual notices in electoral processes constituted a breach of rules, necessitating that all votes cast by petitioners be counted in the election results....
The court held that deficiencies in the electoral roll process do not preclude the counting of votes cast by excluded members, emphasizing the need for procedural fairness in elections.
Electoral processes must comply with rules requiring individual notice for excluded members to ensure fair participation and transparency in elections.
Election processes under co-operative societies must ensure individual notices for excluded members, and deficiencies do not halt proceedings if remedies exist for grievances.
Deficiencies in the electoral process, including lack of individual notifications to excluded voters, necessitate counting their votes in election results as per procedural rules.
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