Partly allowed

Sri Narashimaiah v. the State of Karnataka

Karnataka HC1 Feb 2024WP/99/2024

Case brief

AI extract

What is this about?

The High Court allowed the writ petition in part, directing the returning officer to count the petitioners' votes from the election held on 11.01.2024. The Court reserved the final decision on the petitioners' eligibility pending potential disputes under the Karnataka Co-operative Societies Act, ensuring future outcomes account for such findings.

What did the court decide?

Directing the returning officer to announce election results by counting petitioners' votes and keeping their ballots separate, pending any eligibility disputes.

Sri Narashimaiah Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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NC: 2024:KHC:4496 WP No. 99 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 99 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI. NARASHIMAIAH, S/O KARIYAIAH, AGED ABOUT 50 YEARS, R/AT MELUKOTE TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT.

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SRI.K.S. LAKSHMINARASHIMA, S/O K.T. SUDHARSHAN NARASHIMACHAR AGED ABOUT 52 YEARS R/AT MELUKOTE TOWN, PANDVAPURA TALUK, MANDYA DIST.

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…PETITIONERS

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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(BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL A/W SRI.RAVINDRA PRASAD B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, BANGALORE- 560 001.

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THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR, TTMC,"A" BLOCK, K.H. ROAD, SHANTHINAGAR,

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2 - NC: 2024:KHC:4496 WP No. 99 of 2024

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BANGALORE -560 027.

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THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETY, BEHIND SIDDARTHA THEATER, R.P. ROAD, MANDYA -571 401.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DIVISION, MANDYA, MANDYA DISTRICT- 571 434.

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THE RETURNING OFFICER, MELUKOTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MELUKOTE, TOWN, PANDAVAPURA, TALUK, MANDYA-571 431.

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THE MELUKOTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MELUKOTE TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT -571 431 REP BY ITS , CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI. SIDHARTH BABURAO, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. A. MOHAMMED TAHIR, ADVOCATE FOR R6)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO 6 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST IN THE ELECTION TO THE R6 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 11/01/2024 AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC:4496 WP No. 99 of 2024

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ORDER

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Heard Sri D R Ravishankar, the learned Senior

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counsel appearing for the petitioners and the learned counsel appearing for the respondent/State as well as the respondent/Society.

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This writ petition is essentially filed seeking a Writ of Mandamus to include the names of the petitioners in the final eligible voters' list and permit the petitioners to vote and contest in the election to the board of respondent No.6 - Society which was scheduled on 11.01.2024.

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This Court by way of interim order permitted the petitioners to cast vote and permitted to file nomination paper to contest in the said election. However, the result of the election was withheld.

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The learned counsel for the petitioners would contend that the mandatory requirements of Rule 13-D(2A) of the Karnataka Co-operative Societies Rules, 1960 have not been followed while preparing the eligible and

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NC: 2024:KHC:4496 WP No. 99 of 2024

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ineligible voters' list. Thus, it is urged that the petitioners should be treated as eligible voters' and their votes need

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to be counted as valid votes.

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Learned counsel for the 6^th respondent - Society

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would fairly submit that the petitioners names are found in the voters list and they are eligible to vote and contest in the election. Learned counsel for respondent - Society submits that petitioners are already in the eligible voters' list and there is no objection for the respondents to allow

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them to contest in the election.

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Hence, the following:

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ORDER

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(i) The writ petition is Allowed-in-part .

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(ii) Returning Officer shall announce the results of the election to the Board of 6^th respondent - Society held on 11.01.2024 by counting the votes of the petitioners.

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NC: 2024:KHC:4496 WP No. 99 of 2024

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(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 eligibility of the petitioners to vote and contest in the election to the board of respondent-society, the said dispute shall be decided without being influenced by the interim order granted by this Court permitting the petitioners to vote and contest in the election to the board of respondent-Society. It is made clear that this Court while granting interim order in favour of the petitioners, did not give any finding on the eligibility of the petitioners to vote and contest in the election to the board of the respondent-Society.

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(iv) The question as to the eligibility of the petitioners to vote and contest in the election is kept open to be decided in a dispute if any, raised in this regard.

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(v) If any such dispute relating to the eligibility of the petitioners to vote and contest in the election to the board of respondent-society is raised, the effect of

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NC: 2024:KHC:4496 WP No. 99 of 2024

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holding the petitioners ineligible to vote and excluding such votes and excluding ineligible candidates on the final outcome of the election results shall also be taken into account before passing final orders.

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(vi) The ballot papers containing the votes cast by the petitioners shall be kept in a separate sealed box after counting.

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Sd/JUDGE

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NS CT:TSM List No.: 1 Sl No.: 0

Sri Narashimaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Narashimaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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