Nagesha D v. the State of Karnataka
Case brief
What is this about?
Writ petition under Articles 226 and 227 by 278 members of Bommavara Vividoddesha Prathamika Gramina Krushi Sahakara Sangha Niyamitha (Devanahalli taluk, Bengaluru Rural) against inclusion of their names in the list of ineligible voters (Annexures-B & C) for the 27.01.2025 Board election; alleged breach of Rule 13(D)(2-A), Karnataka Co-operative Societies Rules, 1960 (no individual notice); respondent society conceded the default; impleading applicants opposed counting of petitioners' votes. Held: voter eligibility is a disputed question of fact for the Section 70(2)(c), Karnataka Co-operative Societies Act 1959 forum; petition disposed; Returning Officer to count petitioners' votes (kept in separate sealed box) and announce results; interim order of 23.01.2025 conferred no finding on eligibility; coordinate-Bench precedent H.S. Raju v. State of Karnataka, 2022 (4) AKR 775 followed. Justice K.S. Hemalekha; order dated 17.02.2025.