Smt Yashodamma K S v. the State of Karnataka
Writ of mandamus – co-operative society election
Case brief
What is this about?
Single-Judge order (Suraj Govindaraj, J.) disposing of Writ Petition No. 15287 of 2025 (CS-RES) filed under Articles 226 and 227 of the Constitution of India by 100 voters of Yatagadahalli/Guttlu villages, Kotathi Hobli, Mandya, challenging their exclusion as ineligible voters from the eligible voters list (Annexure-B) for the election to the Board of the Yatagadahalli Milk Producers Co-operative Society (registered under the KCS Act-1959) scheduled on 01.06.2025. Interim orders had permitted the petitioners to vote, with their votes kept in separate ballot boxes. Following the Coordinate Bench ruling in H.S. Raju vs. State of Karnataka & others, W.P.No.8502/2022 dated 7.6.2022, the Court applied the position that Article 226 is not the proper remedy for irregularity in the conduct of a co-operative society election and that eligibility/ineligibility disputes and deficiencies in the final electoral list can be raised only in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 after announcement of results. Petition disposed; Returning Officer directed to announce the result within seven days counting the petitioners' votes; contentions left open; separate ballot boxes to be retained pending any Section 70(2) dispute.