Members of a milk producers' co-operative society challenged their exclusion as ineligible voters in the society's board election. The court dismissed the petition, directed results to be announced excluding their votes, and kept eligibility questions open for an election dispute under Section 70(2)(c).
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 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 1807 OF 2024 (CS-EL/M)
BETWEEN:
AGED ABOUT 50 YEARS,(MEMBERSHIP NO 101).
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
AGED ABOUT 56 YEARS,(MEMBERSHIP NO 53).
S/O KRISHNAPPA,AGED ABOUT 51 YEARS, (MEMBERSHIP NO 25).
S/O MUNIKRISHNAPPA,AGED ABOUT 54 YEARS (MEMBERSHIP NO 39)
S/O MARAPPA,AGED ABOUT 62 YEARS (MEMBERSHIP NO 4)
ALL THE PETITIONERS ARE THE MEMBERS OF HOSAHUDYA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HOSAHUDYA VENKATAGIRI KOTE POST, VIJIPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110. (PETITIONERS NOS.2, 7, 8, 10 & 13 ARE THE SENIOR CITIZENS. BUT THEY ARE NOT CLAIMING ANY BENEFITS AS SENIOR CITIZEN IN THE PRESENT WRIT PETITION).
…PETITIONERS
(BY SRI G CHANDRASEKHARAIAH, ADVOCATE)
AND:
DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 560001.
NC: 2024:KHC:6203 WP No. 1807 of 2024
BENGALURU RURAL DISTRICT - 572130. (RESPONDENT NO.7 IMPLEADED AS PER THE COURT ORDER DT: 30.01.204).
…RESPONDENTS (BY SRI SIDHARTHA BABU RAO, AGA FOR R1, R2, R3 AND R5 SRI T L KIRAN KUMAR, ADVOCATE FOR R6 SRI BALAKRISHNA K, ADVOCATE FOR R7 R4 - SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE R4 SOCIETY IN TREATING THE PETITIONERS AS INELIGIBLE TO VOTE IN THE ELECTION FIXED ON 20.01.2024 TO THE BOARD OF THE R4 SOCIETY AS BAD AND ILLEGAL AND THAT IT IS NOT IN CONFORMITY WITH SUB-RULE (2-A) OF RULE 13-D OF THE RULES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners, the learned Government Advocate appearing for the respondent-State, the learned advocate appearing for the Co-operative Election Authority and the learned counsel for the impleading applicant / respondent No.7 and also the Secretary of the Society, who is present before the Court.
NC: 2024:KHC:6203 WP No. 1807 of 2024
Writ of Mandamus to include the names of the petitioners in the final eligible voters' list and permit the petitioners to vote in the election to the board of respondent - society which was scheduled on 20.01.2024.
that petitioners have not availed minimum services and
contends that requirements of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (Hereinafter
referred to as the 'Rules, 1960' for short) are followed.
AND OTHERS (2022(4) AKR 775) has permitted the votes to be counted and the election results to be announced keeping open all other contentions to be adjudicated in appropriate forum under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 (Hereinafter referred to as the 'Act, 1959' for short).
the petitioners had the eligibility to vote in the election. It is quite possible that all or some had the eligibility to vote
or may had incurred disqualification to vote. Merely because procedures contemplated under Rule 13-D(2-A) of Rules, 1960 are not followed, it does not mean that the disqualification if any incurred, is cured. Whether the petitioners did incur the disqualification to vote, is a question of fact. Same is to be decided in a proceeding under Section 70(2)(c) of the Act, 1959.
Of Karnataka & Others (Writ Petition No.29271/2023 & Connected matters). In the said proceeding, this Court has taken a view that the writ petition challenging the electoral roll post publication of calendar of events is not permissible.
NC: 2024:KHC:6203 WP No. 1807 of 2024
ORDER
(ii) Returning Officer shall announce the results of
the election to the Board of respondent - Society held on 20.01.2024 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 respondentsociety.
(v) 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.
(vi) If any such dispute relating to the eligibility/ineligibility of the petitioners to vote in the election to the board of respondent-society is raised, all relevant questions concerning the correctness of eligible and ineligible voters' list and non-compliance of Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and its effect on the election shall be considered.
(vii) The ballot papers containing the votes cast by the petitioners shall be kept in a separate sealed box after counting.
(viii) 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
NC: 2024:KHC:6203 WP No. 1807 of 2024
dispute is raised, same shall be decided within six months from the date of presentation of the petition.
Sd/JUDGE
BRN List No.: 1 Sl No.: 44
1 issue framed by the court
Whether petitioners excluded from the voters' list must be permitted to vote in the co-operative society board election despite alleged non-compliance with Rule 13-D(2-A).
Colour shows how this judgement treated each authority
H S Raju and Others vs State of Karnataka and OthersDistinguished¶7
(2022(4) AKR 775)
Mohammad Beary & Others vs The State of Karnataka & OthersFollowed¶9
Writ Petition No.29271/2023 & Connected matters
3 provisions across 3 enactments
Muniraju N
Bu Krishnappa
Munilakshmamma
Sonnegowda H M
Vijayakumar L
State of Karnataka, Department of Co-operation
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
