Athmananda v. the State of Karnataka
Co-operative law – Election to Managing Committee – Voters list
Case brief
What is this about?
WP No. 24076 of 2025 (CS-EL/M), High Court of Karnataka at Bengaluru (NC: 2025:KHC:36147), oral order dated 11.09.2025 by Justice R. Nataraj. Keywords: co-operative society election; final eligible voters list; ineligible voters list; Rule 13-D Karnataka Co-operative Societies Rules, 1960; Section 70(2)(c) and Section 70 Karnataka Co-operative Societies Act, 1959; maintainability under Articles 226 and 227 of challenge to electoral rolls/voters list; interim order dated 07.08.2025 permitting voting; votes cast kept separately by Returning Officer; dispute before Authority under Section 70 within one month; determination of eligibility within three months; H.S.Raju v. State of Karnataka and others [2022 (4) AKR 775] followed; Madarahalli Pratamika Krushi Patina Sahakara Sangha Niyamitha, Maddur Taluk, Mandya District; election to Managing Committee held on 10.08.2025.
What did the court decide?
Writ petition disposed on the terms of H.S.Raju (supra): Returning Officer to keep the votes cast by the petitioners at the 10.08.2025 election separately; liberty to the petitioners to raise a dispute before the appropriate Authority under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959 within one month; the Authority to examine the dispute within three months and determine the petitioners' eligibility or ineligibility to vote; no opinion expressed on merits.