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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU
O.R. Sasi, S/o. Raman – Appellant
Versus
Joint Registrar of Co-Operative Societies (G) – Respondent
| Table of Content |
|---|
| 1. inclusion criteria for voters in cooperative elections. (Para 2 , 3 , 4) |
| 2. arguments regarding eligibility of voters based on administrative control. (Para 5 , 6) |
| 3. court's reasoning about maintaining the election process despite disputes. (Para 7 , 8 , 9 , 10) |
| 4. order to handle disputed votes appropriately during the election. (Para 11 , 12) |
JUDGMENT :
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
“i) declare that the respondents 4 and 5 who are not members 60 days prior to the date of poll are not entitled to vote in the election to be held pursuant to Ext.P3 election notification on 24-5-2025;
ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the 3rd respondent not to allow the respondents 4 and 5 to vote in the election held pursuant to Ext.P3 on 24-5-2025;
iii) to dispense· with English Translation of vernacular documents;
iv) issue such' other appropriate writ order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice, and allow the costs of this proceeding to the petitioner. ”
2. The challenge in this Writ Petition is
Court reaffirmed that election processes should not be interrupted over alleged electoral roll breaches; such issues can be contested through election petitions post-election.
The right to participate in co-operative elections is constitutional and must adhere to statutory procedures; violations may invalidate disqualifications based on process failures.
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....
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
Electoral disputes about voter eligibility must be addressed post-election results under the Karnataka Co-operative Societies Act, not by writ petitions under Article 226 of the Constitution.
The preparation of electoral rolls is integral to the election process, and disputes regarding eligibility must be resolved under Section 70 of the Karnataka Co-Operative Societies Act, 1959.
Procedural non-compliance in election eligibility does not cure disqualification; eligibility disputes must be resolved under the relevant provisions of the Act.
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