Sri Thimmegowda v. the State of Karnataka
Case brief
What is this about?
Karnataka High Court writ petitions (WP 20745/2025 and WP 20736/2025) by 72 and 87 members respectively of co-operative societies at Malavalli Taluk, Mandya, excluded from the eligible voters list for society elections held 13.07.2025; grievance of non-compliance with Rule 13D Karnataka Co-operative Societies Rules 1960 in preparing voter lists; writ court under Article 226 declines to examine electoral-roll validity; such disputes lie under Section 70(2)(c) Karnataka Co-operative Societies Act 1959 before the Section 70 authority; disposal on the pattern of H.S. Raju v. State of Karnataka (2022) 4 AKR 775; conditional counting of votes cast under interim order dated 11.07.2025; one-month limitation to raise the Section 70 dispute; no opinion on merits.
What did the court decide?
The prayed-for mandamus directing inclusion of the petitioners in the final eligible voters list was not granted. The writ petitions were disposed of with liberty to the petitioners to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 within one month of receipt of the Order; the votes cast by them at the 13.07.2025 election (pursuant to the interim order dated 11.07.2025) shall be counted and results declared if the authority finds them eligible, and excluded if found ineligible, failing timely recourse their votes stand excluded and the Returning Officer shall declare the result.