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2025 Supreme(Online)(Kar) 20719

KARNATAKA HIGH COURT
MR. JUSTICE SURAJ GOVINDARAJ, J
SMT.PUTTALINGAMMA W/O SRI. PUTTAIAH AGED ABOUT 55 YEARS SHARE NO. 188/1 – Appellant
Versus
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATIVE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. RAVINDRA PRASAD B
For the Respondents: SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5, SRI. T.L. KIRAN KUMAR

Table of Content
1. interim order on voting rights. (Para 1)
2. eligibility disputes to follow procedural law. (Para 2 , 3)
3. writ petition result and direction on voting. (Para 4)

ORAL ORDER

2. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others, [W.P.No.8502/2022 dated 7.6.2022] has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

4. In that view of the matter, I pass the following:

i) The Writ Petition is disposed of ii) The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters.

iv) The votes cast by the petitio

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