Smt. Nirmala. R v. the Principal Secretary
Case brief
What is this about?
The High Court allowed the petition in part. It directed the Returning Officer to count the petitioners' votes and announce election results assuming non-compliance with Rules 1960, citing H.S. Raju. The court kept the petitioners' ultimate eligibility open for adjudication in a Section 70(2) dispute.
What did the court decide?
Directed the Returning Officer to announce election results by counting the petitioners' votes; kept final eligibility decision open for future dispute.
What the court decided
- 1 - NC: 2024:KHC:7648 WP No. 5208 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 5208 OF 2024 (CS-EL/M)
BETWEEN:
- SMT. NIRMALA. R AGED ABOUT 50 YEARS, W/O. RAMAIAH, RAT MUPIGATTA VILLAGE, KADANURU POST, MADURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
- JAYAMMA AGED ABOUT 69 YEARS, W/O. DODDAHANUMAPPA, RAT CHANNADEVI AGRAHARA VILLAGE, KADANURU POST, MADURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204. (SENIOR CITIZENSHIP NOT CLAIMED)
- HARISHA. C. R. AGED ABOUT 40 YEARS, S/O. RAJANNA. V, RAT CHANNADEVI AGRAHARA VILLAGE, KADANURU POST, MADURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.
Issues for consideration
2 issues framed by the court
Whether the ineligible voters list prepared by the respondent society complied with Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules 1960.
Whether the petitioners' votes cast in the election to the board of the respondent society should be counted despite the society's non-compliance with the voter eligibility rules.
Parties & counsel
- petitioner
Smt. Nirmala. R and Others
- respondent
The Principal Secretary, State of Karnataka
- respondent
The State Co-operative Election Authority
- respondent
Deputy Registrar of Co-operative Societies Beerasandra
- respondent
Chief Executive Officer, Channadeviagrahara Milk Producers Co-operative Society Ltd.
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · February
- Registered
- Case no.
- WP/5208/2024
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