Sri.Srinatha v. the State of Karnataka
Case brief
What is this about?
Co-operative society election voter-list dispute; ineligible voters list; Rule 13D Karnataka Co-operative Societies Rules 1960; Section 70(2)(c) and Section 70 Karnataka Co-operative Societies Act 1959; Article 226/227 maintainability bar on electoral-roll challenges; alternative remedy before co-operative dispute authority; votes cast under interim order kept in sealed/separate custody; one-month window to raise Section 70(2)(c) dispute else votes discarded and fresh announcement; Basaralu Multipurpose Primary Agricultural Co-operative Society Ltd., Mandya; H.S.Raju Vs. State of Karnataka (2022) 4 AKR 775 applied; writ petition disposed without expressing opinion on merits; election term 2025-2030 held 03.08.2025.
What did the court decide?
Mandamus as prayed (inclusion of names in the eligible voters list and permission to vote) was not granted on merits. The writ petition was disposed on terms modelled on H.S.Raju (2022) 4 AKR 775: (i) persons aggrieved by the electoral roll may raise a dispute under Section 70(2)(c) of the Act, 1959; (ii) the concerned authority shall examine the validity of the eligible/ineligible voters lists and the impact on the election to the Board of Directors; (iii) the votes already cast by the petitioners and counted are to be kept separately for the authority's decision on counting or exclusion; (iv) the Court expressed no opinion on merits; (v) the dispute must be raised within one month of receipt of the Order, failing which the petitioners' votes shall be discarded and the result announced afresh.