Narayanachar H T v. the State of Karnataka
Case brief
What is this about?
Co-operative society election - exclusion of members from eligible voters list - Rule 13-D(2-A) Karnataka Co-operative Societies Rules, 1960 - maintainability of writ under Articles 226 and 227 versus election dispute under Section 70 KCS Act, 1959 - B. Ganganna (ILR 2024 KAR 1901) followed - Hassan Co-operative Society Ltd Board election 12.01.2025 - Returning Officer directed to count votes and announce results - election petition route under Section 70(2) preserved - Mohammad Beary, H.S. Raju and Election Commission of India through Secretary referred within quoted B. Ganganna conclusions - NC: 2025:KHC:1645.
What did the court decide?
Writ petition disposed of in terms of B. Ganganna: Returning Officer directed to count the votes cast in the 12.01.2025 election to the Board of respondent No.5-Society and announce results; liberty reserved to the petitioners or any aggrieved party to challenge the validity of the electoral roll by election petition under Section 70(2), KCS Act, 1959; the Section 70 authority to examine the validity of the eligible/ineligible voters list and its impact on the election; contentions kept open.