Dr. Madesh P, v. the State of Karnataka
Case brief
What is this about?
Karnataka HC writ (CS-EL/M) disposed by oral order: 232 University of Mysore/KSOU-linked members of Mysore University Employees Housing Co-operative Society Ltd. excluded from final eligible voter list (Annexure-C) allegedly without individual notice, contrary to Rule 13(D)(2-A) of the Karnataka Co-operative Societies Rules, 1960; after the 01.02.2025 interim order letting them vote in the 09.02.2025 poll, the Returning Officer was directed to count their votes and announce the results, with those votes segregated in a separate sealed box, and the petitioners' voter-eligibility/disqualification left open for adjudication under S.70(2)(c) of the Karnataka Co-operative Societies Act, 1959, uninfluenced by the interim order; precedent followed: H.S. Raju v. State of Karnataka, 2022 (4) AKR 775.
What did the court decide?
Returning Officer directed to count the votes including those cast by the petitioners and announce the results of the 09.02.2025 election; petitioners' votes to be kept in a separate sealed box after counting; eligibility of the petitioners to vote expressly kept open for decision in any dispute under Section 70(2)(c) of the Act, such dispute to be decided uninfluenced by the interim order, with the effect of excluding such votes on the final election outcome to be taken into account before final orders.