Sri H J Jayaprakash Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri H J Jayaprakash Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: Returning Officer to announce the result within seven days of receipt of copy of the order, counting the votes cast by the petitioners; contentions left open for any Section 70(2) election dispute; petitioners' ballots to remain in a separate box until disposal of any such dispute.

Issue for consideration

Whether the petitioners, declared ineligible voters, are entitled to have their votes taken into account in the elections to Respondent No.5 Society scheduled for 22.06.2025, and what is to happen to the votes they cast under interim orders in separate ballot boxes. +1 more

Court's answer

The Returning Officer is directed to announce the result within seven days of receipt of a copy of the order, taking into account the votes cast by the petitioners; the writ petition is disposed of.

Ratio / Principle

Following the Coordinate Bench ruling in H.S. Raju vs. State of Karnataka & others (W.P.No.8502/2022 dated 7.6.2022), a petition under Article 226 of the Constitution of India is not the proper remedy for any irregularity in the conduct of election.

Key takeaways

Disputes as regards eligibility or ineligibility of voters and deficiencies in finalisation of the final electoral list can only be considered in an election dispute raised under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, after announcement of the results by counting even the votes cast by the petitioners.ratio¶¶195
Since the H.S. Raju judgment has not been challenged and has attained finality, and the facts are more or less similar, its conclusions equally apply to the present matter.ratio¶¶196

Detailed headnote1 paragraphs

Writ Petition (CS-EL/M) under Articles 226 and 227 of the Constitution by 117 members of the Primary Agriculture Credit Co-operative Society, Niyamitha Chilkunda (Mysore District), who had been declared ineligible voters, seeking inclusion of their names in the voters' list and permission to vote in the Society election scheduled for 22.06.2025. Pursuant to interim orders, the petitioners had voted with their ballots kept in separate boxes. Relying on a Coordinate Bench ruling in H.S. Raju vs. State of Karnataka & others (W.P. No. 8502/2022, dated 07.06.2022), which had attained finality, Suraj Govindaraj J. held that Article 226 is not the proper remedy for irregularities in the conduct of co-operative society elections, and that disputes as to voter eligibility or ineligibility and deficiencies in finalisation of the final electoral list can only be considered in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 after announcement of results, counting even the petitioners' votes. The petition was disposed of: the Returning Officer was directed to announce the result within seven days of receipt of the order taking the petitioners' votes into account; all contentions were left open for any Section 70(2) proceeding, on which the Court expressed no opinion; and the petitioners' ballots are to remain in a separate box until disposal of any such dispute.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 17592 OF 2025 (CS-EL/M)

BETWEEN:

SRI H J JAYAPRAKASH AGED ABOUT 69 YEARS S/O LATE H S JAVARE GOWDA, R/O VEERABHADRESWARA NILAYA, MANJUNATHA BADAVANE, HUNASURU TOWN - 571 105. MYSORE DISTRICT. MEMBERSHIP NO. 431

SRI H.J. VENKATESH AGED ABOUT 61 YEARS S/O. H.L.JAYAPPA MEMBERSHIP NO.430

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

SRI H.S. DHARMAPALA AGED ABOUT 53 YEARS S/O. LATE SUBBAIAH MEMBERSHIP NO.63

SMT. MEENAKSHAMMA AGED ABOUT 77 YEARS W/O. LATE SUBBE GOWDA MEMBERSHIP NO.437

SMT. KAMALABAI AGED ABOUT 60 YEARS W/O. M.L. AGU R/O. MANGALURU MALA HARINAHALLI POST,

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HENGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 105

SRI SHIVAIAH AGED ABOUT 73 YEARS S/O. LATE DEVAIAH MEMBERSHIP NO. 483

SMT. JAYAMMA AGED ABOUT 67 YEARS W/O. NINGARAJU MEMBERSHIP NO.398

SRI MARIYAIAH AGED ABOUT 74 YEARS S/O. MARIKALAIAH MEMBERSHIP NO.496

SMT. KALAMMA AGED ABOUT 69 YEARS W/O. MALLAIAH R MEMBERSHIP NO. 173

SRI KRISHNAMURTHY AGED ABOUT 62 YEARS S/O. MARIKALAIAH MEMBERSHIP NO.451

SRI APPAJAIAH AGED ABOUT 74 YEARS S/O. MARIKALAIAH MEMBERSHIP NO.272

SRI MOTA NAYKA AGED ABOUT 79 YEARS S/O. SINGRI NAYAKA MEMBERSHIP NO.123

SRI MARISIDDEGOWDA AGED ABOUT 74 YEARS

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S/O. KENGE GOWDA MEMBERSHIP NO. 108

SMT. SHARADAMMA AGED ABOUT 74 YEARS W/O. SUBBE GOWDA MEMBERSHIP NO.851

SRI H.S. GANESHA AGED ABOUT 59 YEARS S/O. LATE SUBBAIAH MEMBERSHIP NO.862

SRI RAMASWAMY H.N. AGED ABOUT 59 YEARS S/O. S. NINGAIAH MEMBERSHIP NO.75

SRI REVANNA AGED ABOUT 54 YEARS S/O. LATE HANUMEGOWDA MEMBERSHIP NO.436

SRI THIMME GOWDA AGED ABOUT 69 YEARS S/O. SANNAKARIGOWDA MEMBERSHIP NO.807

SRI H. RAMESHA AGED ABOUT 68 YEARS S/O. LATE H.N. HANUME GOWDA MEMBERSHIP NO.1097

SMT. PADMAMMA AGED ABOUT 59 YEARS W/O. H.K. KRISHNAIAH MEMBERSHIP NO.791

SRI PURUSHOTHAMA C.P AGED ABOUT 59 YEARS S/O. LATE PUTTAIAH

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MEMBERSHIP NO.468

SRI C.K. GURUMURTHY AGED ABOUT 66 YEARS S/O. LATE CHANNAKRISHNAIAH MEMBERSHIP NO.379

SRI C.V. KESHAVAMURTHY AGED ABOUT 81 YEARS S/O. LATE B.S. VENKATESHAIAH MEMBERSHIP NO.459

SRI C.N. KESHAVAMURTHI AGED ABOUT 73 YEARS MEMBERSHIP NO.300

SRI C.R. NAGESH AGED ABOUT 56 YEARS S/O. C.V. VENKATARAMAIAH MEMBERSHIP NO.558

SRI SWAMY AGED ABOUT 73 YEARS S/O. LATE LAKKAIAH MEMBERSHIP NO.447

SRI H.J. KRISHNE GOWDA AGED ABOUT 80 YEARS S/O. LATE JAVARE GOWDA MEMBERSHIP NO.968

SRI VISHALAKSHAMMA AGED ABOUT 54 YEARS W/O. KUCHELE GOWDA MEMBERSHIP NO.802

SMT. NINGAMMA AGED ABOUT 80 YEARS W/O. H.S. JAVARE GOWDA MEMBERSHIP NO.78

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SRI JAVARE GOWDA AGED ABOUT 75 YEARS S/O. SANNE GOWDA MEMBERSHIP NO.40

SRI MAHADEVA H.H AGED ABOUT 55 YEARS S/O. LATE HANUME GOWDA MEMBERSHIP NO.442

SRI CHANDRE GOWDA AGED ABOUT 53 YEARS S/O. SANNE GOWDA MEMBERSHIP NO.332

SRI C.S. KUMAR AGED ABOUT 55 YEARS S/O. LATE C.K. NARASIMHAIAH MEMBERSHIP NO. 1321

SRI P. SWAMY AGED ABOUT 74 YEARS S/O. LATE PURUSHAIAH MEMBERSHIP NO. 1281

SMT. GOWRAMMA AGED ABOUT 48 YEARS W/O. CHINNE GOWDA MEMBERSHIP NO.527

SRI RAJE GOWDA H.P. AGED ABOUT 59 YEARS S/O. PUTTE GOWDA MEMBERSHIP NO.753

SMT JAYAMMA AGED ABOUT 46 YEARS W/O MAHADEVE GOWDA MEMBERSHIP NO. 550

SMT GOWRAMMA AGED ABOUT 37 YEARS

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, W/O NAGESHA GOWDA MEMBERSHIP NO. 446

SMT SHARADAMMA AGED ABOUT 59 YEARS W/O PUTTARAJE GOWDA MEMBERSHIP NO. 863

SRI CHANNE GOWDA AGED ABOUT 39 YEARS S/O SANNE GOWDA MEMBERSHIP NO. 1099

SMT H S SAKAMMA AGED ABOUT 79 YEARS W/O LATE D GIRIYAPPA MEMBERSHIP NO. 297

SMT GOWRAMMA AGED ABOUT 41 YEARS W/O NINGE GOWDA MEMBERSHIP NO. 146

SRI GIDDE GOWDA AGED ABOUT 55 YEARS S/O NINGE GOWDA MEMBERSHIP NO. 183

SRI CHANDRE GOWDA AGED ABOUT 54 YEARS S/O LATE NARASIMHE GOWDA MEMBERSHIP NO. 418

SMT SUSHEELAMMA AGED ABOUT 59 YEARS W/O RANGE GOWDA MEMBERSHIP NO. 213

SMT SUSHEELAMMA AGED ABOUT 65 YEARS W/O HANUME GOWDA,

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MEMBERSHIP NO. 243

SRI AJJE GOWDA K S AGED ABOUT 49 YEARS S/O SANNE GOWDA, MEMBERSHIP NO. 203

SRI KRISHNE GOWDA K M AGED ABOUT 54 YEARS S/O MALLE GOWDA K C , MEMBERSHIP NO. 175

SRI KUMARA AGED ABOUT 39 YEARS S/O THAMME GOWDA, MEMBERSHIP NO. 179

SRI RAJE GOWDA AGED ABOUT 49 YEARS S/O PURUSHE GOWDA, MEMBERSHIP NO. 484

SMT MAHADEVAMMA AGED ABOUT 48 YEARS W/O KARI GOWDA, MEMBERSHIP NO. 426

SRI MAHADEVA GOWDA AGED ABOUT 65 YEARS S/O RAME GOWDA, MEMBERSHIP NO. 113

SRI NINGARAJE GOWDA AGED ABOUT 47 YEARS S/O CHIKKARAME GOWDA MEMBERSHIP NO. 859

SMT. BORAMMA AGED ABOUT 79 YEARS W/O. RAME GOWDA MEMBERSHIP NO.119

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SRI RAJE GOWDA H.P. AGED ABOUT 59 YEARS S/O. PUTTE GOWDA MEMBERSHIP NO.484

SRI RAMESH K.M. AGED ABOUT 44 YEARS S/O. MALLE GOWDA MEMBERSHIP NO.493

SRI SHIVANNE GOWDA AGED ABOUT 62 YEARS S/O. LATE CHENNE GOWDA MEMBERSHIP NO.114

SMT. MARISIDDAMMA AGED ABOUT 84 YEARS W/O. LATE KALAIAH MEMBERSHIP NO.33

SMT. JAYALAKSHMI S AGED ABOUT 50 YEARS W/O. SHANKAR T.D. MEMBERSHIP NO.50

SMT. MAHADEVAMMA AGED ABOUT 60 YEARS W/O. SHIVARAJU MEMBERSHIP NO.265

SMT. SIDDAMMA AGED ABOUT 68 YEARS W/O. K. SWAMY MEMBERSHIP NO.344

SRI RAMACHANDRA AGED ABOUT 62 YEARS S/O. LATE BETTAIAH MEMBERSHIP NO.369

SMT. BHAGYAMMA AGED ABOUT 64 YEARS W/O. LATE SRINIVASA SHETTY MEMBERSHIP NO.531

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SRI CHALUVE GOWDA AGED ABOUT 64 YEARS S/O. LATE BETTE GOWDA MEMBERSHIP NO.837

SRI SHIVANNE GOWDA AGED ABOUT 74 YEARS S/O. LATE RUDRE GOWDA MEMBERSHIP NO.114

SRI DASE GOWDA AGED ABOUT 72 YEARS S/O. LATE RANGE GOWDA MEMBERSHIP NO.957

SMT. NEELAMMA AGED ABOUT 69 YEARS W/O. RAJE GOWDA MEMBERSHIP NO.820

SMT. RENUKAMMA AGED ABOUT 50 YEARS W/O. LATE SWAMYNAYAKA MEMBERSHIP NO.150

SMT. SHIVAMMA M.B. AGED ABOUT 64 YEARS D/O. M.B. BASAVE GOWDA MEMBERSHIP NO.1029

SRI NAGE GOWDA K B AGED ABOUT 62 YEARS S/O. BORE GOWDA MEMBERSHIP NO.354

SRI MAHADEVE GOWDA AGED ABOUT 64 YEARS S/O. JAVARE GOWDA MEMBERSHIP NO.113

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SRI JAYARAME GOWDA AGED ABOUT 45 YEARS S/O. LATE RANGE GOWDA MEMBERSHIP NO.116

SRI SANNASWAMY GOWDA K.R. AGED ABOUT 49 YEARS S/O. RAME GOWDA K.R. MEMBERSHIP NO.115

SRI KENCHE GOWDA AGED ABOUT 60 YEARS S/O. RAME GOWDA MEMBERSHIP NO.117

SRI SATYANARAYANA C.S AGED ABOUT 74 YEARS S/O. LATE D. SURYANARAYANAPPA MEMBERSHIP NO.528

SRI C.K. RAMESHA AGED ABOUT 62 YEARS S/O. LATE CHANNAKESHAVAIAH MEMBERSHIP NO.378

SRI NAGARAJU SHETTY AGED ABOUT 69 YEARS S/O. SIDDA SHETTY MEMBERSHIP NO.210

SRI RAJASHEKAR J AGED ABOUT 57 YEARS S/O. JAVARE GOWDA DODDABELALU POST V. RAVANDUR HOBLI, PIRIYAPATNA TALUK, MYSORE DISTRICT - 571 108 MEMBERSHIP NO.

SRI PARASHURAME GOWDA

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AGED ABOUT 54 YEARS S/O. MALLE GOWDA R/O. KANAGAALU GRAMA HANGODU HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 105 MEMBERSHIP NO.

SRI CHIKKARAME GOWDA AGED ABOUT 82 YEARS S/O. DODA THAMME GOWDA MEMBERSHIP NO.1098

SMT. ANUSUYA @ VIMALA P.T. AGED ABOUT 46 YEARS W/O. LATE RAVIKUMARA MEMBERSHIP NO.884

SMT. MOHANKUMARI H.K. AGED ABOUT 49 YEARS W/O. KUMAR H.K. MEMBERSHIP NO.1134

SMT. KAMALAMMA AGED ABOUT 86 YEARS W/O. LATE HANUME GOWDA MEMBERSHIP NO.1210

SRI. CHIRANJEEVI H C AGED ABOUT 31 YEARS S/O. CHANDRA H.K. MEMBERSHIP NO. 1146

SMT. HARSHITHA H.C. AGED ABOUT 33 YEARS W/O. SUNIL D.S. MEMBERSHIP NO.1124

SMT. SHILPA AGED ABOUT 38 YEARS W/O. H.S. GANESH

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MEMBERSHIP NO.916

SMT. H.B. KALPANA AGED ABOUT 50 YEARS D/O. BORE GOWDA MEMBERSHIP NO.886

SRI SIDDALINGAIAH AGED ABOUT 89 YEARS S/O. LATE RACHAIAH MEMBERSHIP NO.943

SMT. GOWRAMMA AGED ABOUT 59 YEARS W/O. H.K. KALAIAH MEMBERSHIP NO.752

SRI H.K. KRISHNAIAH AGED ABOUT 79 YEARS S/O. LATE KALADASAIAH MEMBERSHIP NO.781

SMT. JAYAMMA AGED ABOUT 76 YEARS W/O. H.S. KAALEGOWDA MEMBERSHIP NO.1044

SRI PUTTE GOWDA AGED ABOUT 84 YEARS S/O. LATE RAME GOWDA MEMBERSHIP NO. 1245

SMT. MALLIGE AGED ABOUT 39 YEARS W/O. RAMESH GOWDA MEMBERSHIP NO.902

SMT. MANGALAMMA AGED ABOUT 49 YEARS W/O. KRISHNE GOWDA K.M. MEMBERSHIP NO. 1253

SRI CHIKKARAME GOWDA AGED ABOUT 52 YEARS

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S/O. SIDDE GOWDA MEMBERSHIP NO.1341

SMT. SANNAMMA AGED ABOUT 74 YEARS W/O. KULLE GOWDA MEMBERSHIP NO.953

SMT. JAYAMMA AGED ABOUT 63 YEARS W/O. RAJEGOWDA K.J. MEMBERSHIP NO. 1247

SMT. PARVATHAMMA AGED ABOUT 67 YEARS W/O. CHIKKA CHANNA NAYAKA MEMBERSHIP NO.1289

SRI RAJE GOWDA M.J. AGED ABOUT 35 YEARS S/O. JAVARE GOWDA MEMBERSHIP NO.923

SRI GOVINDE GOWDA AGED ABOUT 74 YEARS S/O LATE BORE GOWDA MEMBERSHIP NO.943

SMT. PADMAMMA AGED ABOUT 59 YEARS W/O. LATE VENKATACHALAIAH MEMBERSHIP NO.699

SMT. BHAGYAMMA AGED ABOUT 44 YEARS W/O. ASHOKA MEMBERSHIP NO.763

SRI RAMANAYKA M.R. AGED ABOUT 62 YEARS S/O. LATE GIRINAYKA

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MEMBERSHIP NO.966

SMT. SAVITHRI AGED ABOUT 44 YEARS W/O. SUBRAMANI MEMBERSHIP NO.943

SRI SUBRAMANYA AGED ABOUT 54 YEARS S/O. PUTTASWAME GOWDA MEMBERSHIP NO.1171

SMT. JYOTHI AGED ABOUT 39 YEARS W/O. RAVI KUMAR MEMBERSHIP NO. 1123

SMT. PUTTA GOWRAMMA AGED ABOUT 64 YEARS W/O. H.S. SHIVAPPA MEMBERSHIP NO.819

SMT. SANNAMMA AGED ABOUT 74 YEARS W/O. SIDDALINGAIAH MEMBERSHIP NO. 1287

SRI H.N. SHIVANNA AGED ABOUT 67 YEARS S/O. LATE NAGAPPA SHETTY MEMBERSHIP NO.931

SRI VENKATARAME GOWDA AGED ABOUT 55 YEARS S/O. LATE CHIKKANNE GOWDA MEMBERSHIP NO. 1266

SRI CHANDRE GOWDA AGED ABOUT 53 YEARS S/O. LATE VENKATE GOWDA MEMBERSHIP NO.1315

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SRI THIMMA NAYAKA AGED ABOUT 61 YEARS S/O. KENCHA NAYAKA MEMBERSHIP NO.1028

SRI SUBBA SHETTY AGED ABOUT 65 YEARS S/O. LATE SANNA SHETTY MEMBERSHIP NO.305

SMT. KAVERAMMA AGED ABOUT 62 YEARS W/O. CHIKKARAMA SHETTY R/O. HUNSUR TALUK CHIKKUNDA, MYSORE DISTRICT PIN-571 105

SRI HAJ. VENKATESH AGED ABOUT 71 YEARS S/O. H.L. JAVARAPPA R/O. NO. 1887, 13^TH MAIN VIJAYANAGAR II STAGE, MYSORE - 570 017.

SRI MAHADEVA GOWDA AGED ABOUT 69 YEARS, S/O, LATE PUTTE GOWDA R/O. KARNAGALU, HUNSUR TALUK, MYSORE DISTRICT - 570 105

SRI KRISHNE GOWDA AGED ABOUT 65 YEARS S/O. LAKSHME GOWDA R/O. CHIKKUNDA GRAMA HANAGOODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 105

…PETITIONERS

(BY SRI. K C SHANTA KUMAR.,ADVOCATE)

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AND:

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001.

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA PUBLIC OFFICE BUILDINGS SAYAJI RAO ROAD, MYSORE 570 024.

THE ASST. REGISTRAR OF COOPERATIVE SOCIETIES MYSORE PRANTHA PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE - 560 024.

THE RETURNING OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY NIYAMITHA CHILKUNDA, MYSORE DISTRICT - 571 105

THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY NIYAMITHA CHILKUNDA, MYSORE DISTRICT - 571 105

THE CO-OPERATIVE ELECTIONS AUTHORITY 3^RD FLOOR, SHANTHINAGAR , TTMC A BLOCK, KENGAL HANUMANTHAIAH ROAD, BENGALURU - 560 027 REP. BY ITS COMMISSIONER

…RESPONDENTS

(BY SRI. YOGESH D NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6;

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SRI. GIRISH B.N. ADVOCATE FOR R5)

THIS WP IS FIELD UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE R2 TO 6 INCLUDE THE NAME OF THE PETITIONER IN THE LEGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 22.06.2025 VIDE ANNEXURE –A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others¹ has

after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the

1 W.P.No.8502/2022 dated 7.6.2022

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Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.

In that view of the matter, I pass the following:

ORDER

i) The Writ Petition is disposed of .

ii) The Returning Officer is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners.

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iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues.

iv) The votes cast by the petitioners which had been directed to be kept in separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.

SD/(SURAJ GOVINDARAJ) JUDGE

KTY

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