Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 31251

KARNATAKA HIGH COURT
SURAJ GOVINDARAJ, J
THIMMARAYA GOWDA, NAGARAJU, JAYARAMAIAH, CHANNAPPA, VEERAGOWDA, RAJAGOPAL, SHARADAMMA, RANGAMMA, HANUMANTHARAYAPPA, YATHIRAJ, SIDDAMMA, RAJAGOPAL, RADHA, MUNIRAJU, VENKATESHKUMAR, A.M.GOWDA, SAVITHA, VASUDEVAMURTHY, GANGAHANUMANTHARAYAPPA, SIDDESH, AMMAIAH, MUNIRAJAIAH, GANGADHARAIAH, UMESH, SRIKANTH, RAJASHEKARAIAH, SADAKSHARAIAH, BASAVARAJU, HONNAGANGAIAH, RENUKARADHYA, BHRAMARAMBIKA, SHANKARAIAH, DRAKSHAYANI, NAGARATHNAMMA, SUGGARAJU, RUDRESHAIAH, SHIVAGANGAMMA, ANANDAMURTHY, SIDDALINGASWAMY, LINGADEVARU, BASAVARAJU, NATARAJU, SAKAMMA, SIDDALINGAIAH, PRAKASH, NAGARATHNAMMA, UMADEVI, SUSHEELAMMA, ANILKUMAR, APPAYANNA, PUTTAVEERAPPA, CHALUVAMURTHY, SHANTHAMURTHY, NAGARAJU, GOVINDAIAH, HANUMANTHARAJU, NAGARAJU, SHIVAKUMAR, HANUMANTHARYAPPA, NAGARAJU, DODDAIAH, HANUMANTHARAJU, GOVINDAIAH, SHESHABHUSHANARADHYA, MYLARAPPA, KEMPEGOWDA, SRIRAMAIAH, HANUMANTHARAJU, NANJUNDAPPA, HANUMANTHARAYAPPA, MUDDARANGAIAH, VENKATESH, GANGARAJU, RAMAKRISHNAIAH, KEMPANNA, CHANNABEERAPPA, PARAMASHIVAIAH, KRISHNAMURTHY, MAHADEVAIAH, LALITHAMMA, RATHNAMMA, NAGADEVA, SIDDALINGASWAMY, SHASHIDHAR, ANANDAMURTHY, SHIVAKUMAR, SHIVAKUMAR, SIDDAGANGAMMA, GANGABEERAPPA, HUCHAPPA, NARASIMHAMURTHY, MANJUNATH, HUCHUNGAPPA, MANJUNATHAIAH, PUTTABYREGOWDA, JAGADISH, SARVAMANGALA, RAMAIAH, CHANNAPPA, PRAKASHAIAH, SHYLAJA, HANUMEGOWDA, PRAKASH, HANUMANTHARYAPPA, HEMANTHKUMAR, SADASHIVAIAH, NAGARAJU, PARASHIVAMURTHY, SIDDALINGAIAH, VIRUPAKAHAIAH, JAYANNA, REVAMMA, GANGARAJU, KRISHNAMURTHY, SRINIVAS, HANUMANTHARAJU, NATARAJU, RAMESH, MANJUNATHA, SIDDALINGAPPA, GOVINDARAJU, BHAGYAMMA, NATARAJU, NARAYANASWAMY, RATHNAMMA, SHANTHAKUMARI, BHAIRAHANUMAIAH, RAJESHWARI, SURESH, MUNIYAPPA, SHAMAIAH, SHIVANNA, RAMAKRISHNAIAH, APPAYANNA, MUNIRAMAIAH, GEETHANJALI, GANGAMMA, SHAFIULLA, RAMIZA BEGUM, MUNIYAPPA, SIDDAGANGAMMA, NANJUNDAPPA, RAMAIAH, KRISHNAMURTHY, PUTTARAJU, MALA, SRIDHAR, JAYAMMA, MARIYAPPA, KUNCHINGAPPA, NAGARAJU, GANGAHANUMAIAH, NAGARAJU, UMADEVI, MUNIYAPPA, CHOWDAPPA, JAGADISHA, GANGADHARAIAH, D.CHANNAGANGAIAH, PALADEVAIAH, CHIKKAKEMPAIAH, SAROJAMMA, NAGARAJU, PADMAVATHI, HANUMAKKA, MUNIHANUMAIAH, MUDDARAMAIAH, NANJEGOWDA, SIDDAGNGAIAH, SURYANARAYANA SINGH, THIPPARUDRASWAMY, BYLAMMA, GIRIYAPPA, RAVICHANDRA, NARASIMHAMURTHY, JAYAMMA, RAJANNA, RATHNAMMA, MAHADEVAIAH, JAGADAMBA, K.C.RAJESHWARI, MUDDUKRISHNEGOWDA, GANGARAJU, PRAKASH, GANGADHARAIAH, SUNANDAMMA – Appellant
Versus
THE STATE OF KARNATAKA, THE STATE CO-OPERATIVE ELECTION AUTHORITY, THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANASAVADI MULTIPURPOSE PRIMARY RURAL AGRICULTURE CO-OPERATIVE SOCIETY LTD, THE RETURNING OFFICER – Respondent
WRIT PETITION NO. 5491 OF 2025

Advocates:
For the Appellants/Petitioners: SRI. PRUTHVI WODEYAR
For the Respondents: SRI. YOGESH D NAIK, SRI. DEVI PRASAD SHETTY, SRI. T. L. KIRAN KUMAR

The court affirmed that election disputes under the Karnataka Co-operative Societies Act must be addressed according to its prescribed procedures post-result announcement.

Headnote:The judgment pertains to the elections of the Kanasavadi Multipurpose Primary Rural Agriculture Co-operative Society under the Karnataka Co-operative Societies Act, 1959. The court determined that any issue regarding ineligibility and election disputes should be resolved according to Section 70(2) of the act following the announcement of results, confirming previous findings in the case of H.S.Raju vs. State of Karnataka. The Writ Petition was disposed with directions related to the handling of the votes by the Returning Officer and maintaining their separate identity throughout any consequent disputes.

Table of Content
1. court allowed petitioners to vote provisionally under specified conditions. (Para 1)
2. cited precedent establishes proper election dispute resolution under law. (Para 2 , 3)
3. final decisions on vote handling and eligibility to be maintained. (Para 4)

ORAL ORDER

1. This Court by way of various interim order had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

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.

3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.

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

ORDER

i) The Writ Petition is disposed of

ii) The Returning Officer of the above matter 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 of the above matter.

iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act , 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues.

iv) The votes cast by the respective petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.

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