Members Can't Be Excluded from Voter List Due to Inadvertence, Inclusion Subject to S.20 of Cooperative Societies Act: Karnataka High Court - 2025-09-24

High Court Orders Inclusion of 800+ Members in Co-op Voter List, Citing "Inadvertent Error"

Dharwad, Karnataka - In a significant directive ensuring the protection of members' voting rights, the Karnataka High Court on September 24, 2025, ordered the Hukkeri Rural Electric Cooperative Society to include the names of over 800 members in the eligible voters' list for its upcoming governing council elections. Justice Suraj Govindaraj, presiding over the Dharwad bench, issued a writ of mandamus after the Society admitted that the members' names were excluded due to an "inadvertence."

Case Background

The case, Martand Kadappa Goturi vs The State of Karnataka , was brought forward by more than 800 members of the Hukkeri Rural Electric Cooperative Society. The petitioners discovered their names were missing from the list of eligible voters for the society's elections, which were scheduled to be held on September 28, 2025. Fearing disenfranchisement, they moved the High Court seeking immediate intervention to have their names reinstated.

Submissions in Court

Senior Counsel Sri D. R. Ravishankar, representing the petitioners, argued that his clients were bona fide members of the society and their exclusion from the voters' list was arbitrary and unlawful. He prayed for a direction to the Returning Officer and the Society to include their names in the final list.

In a crucial turn of events, Senior Counsel Sri Vikram Huilgol, appearing for the cooperative society, conceded the error. He submitted to the court that "it is only by inadvertence that the names of the petitioners were excluded."

He assured the court that the society was prepared to rectify the mistake and include the petitioners' names. However, he clarified that this inclusion would be subject to their eligibility under the governing law, specifically stipulating that they must not be disqualified under Section 20 of the Karnataka Cooperative Societies Act, 1959, or any other relevant legal provision.

Court's Order and Implications

Justice Suraj Govindaraj observed that the society's submission effectively addressed the petitioners' grievances. Accepting the concession, the court allowed the writ petition and issued a clear directive.

"A mandamus is issued directing respondent Nos.3 and 4 to include the names of the petitioners in the additional list of eligible voters to be issued, subject to there being no other disqualification of the petitioners under Section 20 of the Karnataka Cooperative Societies Act, 1959, or any other provision thereunder, within a period of two days from today," the order stated.

The ruling underscores the fundamental right of a cooperative society member to participate in its electoral process. By ordering the swift inclusion of the excluded names, the High Court has reinforced the principle that administrative errors, whether inadvertent or otherwise, cannot be used to disenfranchise legitimate members. The decision ensures that the petitioners can now exercise their voting rights in the forthcoming elections, provided they meet the statutory eligibility criteria.