Two writ petitions challenging voter eligibility in a Milk Producer Co-operative Society election filed after the election date were dismissed. The court held post-publication challenges are not permissible. A discovery of petitioners' votes and result announcement were ordered.
Petitio
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 1366 OF 2024 (CS-EL/M)
C/W
WRIT PETITION NO. 1217 OF 2024 (CS-EL/M)
IN W.P.NO. 1366 OF 2024:
BETWEEN:
Digitally signed by SUMA Location: High Court of Karnataka
R/AT NO.088, URIGILI, SUGATUR, KOLAR KARNATAKA - 563 101.
W/O CHANNAKRISHNAPPA R/AT URIGILI, SUGATUR, KOLAR KARNATAKA - 563 101.
…PETITIONERS
(BY SRI. UMESH M N.,ADVOCATE)
AND:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 22.12.2023 PASSED BY THE R2 VIDE ANNEXURE-A AND ETC.
IN W.P.NO. 1217 OF 2024:
BETWEEN:
AGED ABOUT 42 YEARS, SHARE NO. 255.
AGED ABOUT 38 YEARS, SHARE NO.293.
AGED ABOUT 53 YEARS, SHARE NO.151.
AGED ABOUT 64 YEARS, SHARE NO.46.
AGED ABOUT 64 YEARS, SHARE NO.115.
AGED ABOUT 52 YEARS, SHARE NO.144.
AGED ABOUT 70 YEARS, SHARE NO.18.
…PETITIONERS
(BY SRI. SHANKAR T N, ADVOCATE)
AND:
NC: 2024:KHC:5703 WP No. 1366 of 2024 C/W WP No. 1217 of 2024
OPERATIVE SOCIETIES, KOLAR TALUK AND DISTRICT-563 101.
…RESPONDENTS
(BY SRI. SIDHARTH BABURAO, AGA FOR R1, R3 TO R5; SRI. T L KIRAN KUMAR, ADVOCATE FOR R2; SRI. A MADHUSUDHAN RAO, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R6 TO CONSIDER AND INCLUDE/ADD THE NAMES OF THE PETITIONERS IN ANNEXURE-C, FOR PARTICIPATION IN THE UP-COMING ELECTIONS, AS VOTERS, PUBLISHED BY THE URIGILI MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., URIGILLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT/R6, IN SO FAR AS THE PETITIONERS ARE CONCERNED AND PERMIT THE PETITIONERS TO PARTICIPATE THE ELECTIONS PROCESS AND TO VOTE, IN THE ELECTIONS TO BE CONDUCTED TO THE R6/SOCIETY, ON 14.01.2024 VIDE ANNEXURE-B AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners, learned Additional Government Advocate appearing for the respondent-State, learned advocate appearing for the Co-
operative Election Authority and learned advocate appearing for the respondent-society.
disqualification to vote or not, is a question of fact. Same is to be decided in a proceeding under Section 70(2)(c) of the Act, 1959.
case in H S Raju supra.
ORDER
(i) The writ petitions are dismissed .
(ii) Returning Officer shall announce the results of the election to the Board of respondent - Society
held on 14.01.2024 by excluding the votes cast by the petitioners.
(iii) If any person entitled to raise a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, raises a dispute under the said provision questioning the election results, the said dispute shall be decided without being influenced by the dismissal of the writ petition. It is made clear that this Court has not given any finding on the eligibility/ineligibility of the petitioners to vote in the election to the board of the respondent-society.
(iv) The question as to the eligibility/ineligibility of the petitioners to vote in the election is kept open to be decided in a dispute if any, raised in this regard.
NC: 2024:KHC:5703 WP No. 1366 of 2024 C/W WP No. 1217 of 2024
and non-compliance of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and its effect on the election shall be considered.
(vii) While counting the votes cast by the petitioners, a separate list shall be prepared disclosing the number of votes cast by the petitioners in favour of the candidates. Said list shall be separately maintained and be furnished to the authority, if summoned, while hearing election dispute in case such dispute is raised. If the dispute is raised, same shall be decided within six months from the date of presentation of the petition.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 31
3 issues framed by the court
Whether writ petitions challenging the voter list post-publication of election calendar are maintainable.
Whether the petitioners were entitled to vote in the society election despite the election already being held.
Whether to dismiss the writ petition while keeping the question of voter eligibility open for future dispute.
Colour shows how this judgement treated each authority
H S RAJU AND OTHERS vs STATE OF KARNATAKA AND OTHERSDistinguished¶90
H S RAJU AND OTHERS vs STATE OF KARNATAKA AND OTHERS (2022(4) AKR 775)
Mohammad Beary & Others vs The State Of Karnataka & OthersExplained¶94
Mohammad Beary & Others vs The State Of Karnataka & Others (Writ Petition No.29271/2023 & Connected matters)
3 provisions across 2 enactments
SRI. C. NARAYANSWAMY AND OTHERS
THE STATE OF KARNATAKA AND OTHERS
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
