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2025 Supreme(Online)(Kar) 32220

KARNATAKA HIGH COURT
MR SURAJ GOVINDARAJ, J
MR. THIMMAIAH, S/O.MOLLEBETTEGOWDA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI SATHYA. M. N
For the Respondents: SRI YOGESH D NAIK, SRI T.L KIRAN KUMAR, SRI D HARSHA

Table of Content
1. eligibility of voters in elections (Para 1)
2. remedy for electoral disputes (Para 2)
3. precedent applies to current case (Para 3)
4. order for election results and vote handling (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

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

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