Members Excluded from Voters List Can Vote, But Results Subject to Challenge Under Section 70(2) of the Co-operative Societies Act: Karnataka High Court - 2025-10-09

Karnataka HC Orders Vote Counting for Disputed Members in Co-op Election, Paves Way for Post-Result Challenge

Dharwad, Karnataka - In a significant order concerning cooperative society elections, the Karnataka High Court has directed the counting of votes cast by over 250 members of a cooperative bank who were initially declared ineligible. Justice R. Nataraj, presiding over the Dharwad bench, ruled that while the election results must be announced, the votes of the petitioners should be kept separate, and the final outcome remains subject to a formal challenge under the Karnataka Co-operative Societies Act, 1959.

The decision came in a writ petition filed by Sarangal Lakshmana Mukri and 249 other members against the State of Karnataka and the Honnavara Taluka Prathamika Sahakari Krishi Mattu Grameena Abhivruddi Bank Niyamita.

Background of the Dispute

The case arose after the petitioners, all members of the Honnavara cooperative bank, found their names on a final "ineligible voters list" published ahead of the Managing Committee elections for the 2025-2030 term, scheduled for January 5, 2025.

The petitioners contended that their exclusion was illegal and that the mandatory procedure prescribed under Rule 13D of the Karnataka Cooperative Rules, 1960, was not followed before disqualifying them. Seeking immediate relief, they approached the High Court to quash the list and secure their right to vote.

In an interim order on December 31, 2024, the High Court had permitted the petitioners to cast their votes. However, it stipulated that these votes must be sealed, kept separately, and not be counted pending the final disposal of the case, thereby putting the announcement of the election results on hold.

Arguments in Court

The petitioners' counsel, Sri. Sourabh Hegde, argued for a pragmatic resolution by citing a precedent set by a coordinate bench of the High Court in two similar cases (W.P.Nos. 108033/2024 and 108009/2024) involving the very same election. In those cases, the court had directed the Returning Officer to declare the results while allowing any aggrieved party to challenge the election's validity through the statutory mechanism provided under Section 70(2) of the Karnataka Co-operative Societies Act, 1959. The counsel urged the court to adopt a similar approach for the present petitioners.

The Additional Government Advocate representing the state respondents did not contest this submission, acknowledging the precedent set by the earlier rulings concerning the same cooperative bank.

Court's Ruling and Directions

Finding merit in the petitioners' argument and aiming for consistency, Justice R. Nataraj disposed of the writ petition with specific directions. The court ordered the Returning Officer to announce the election results within seven days of receiving the order.

Key directives from the judgment include:

• The votes cast by the 250 petitioners must be counted to determine the final result.
• However, these specific votes are to be kept separately from the main count.
• The court explicitly preserved the right of any person aggrieved by the election outcome to file a challenge in accordance with the law.
• It was clarified that if such a challenge is initiated, the "eligibility or otherwise of the petitioners will be looked into by the concerned authority."

This judgment effectively balances the petitioners' immediate right to participate in the electoral process with the statutory framework for resolving election disputes, ensuring that the democratic process within the cooperative society is not unduly stalled while leaving the door open for a thorough review of the members' eligibility.