Krishna C v. the State of Karnataka
Case brief
What is this about?
Co-operative society election dispute; exclusion of members' names from final voters list; absence of individual notice; Rule 13 (D) (2-A) Karnataka Co-Operative Societies Rules 1960; counting of votes of excluded members; separate sealed box; announcement of election results; election dispute under Section 70 (2) (c) Karnataka Co-Operative Societies Act 1959; eligibility to vote left open; interim order creates no finding on eligibility; H.S. Raju v. State of Karnataka 2022 (4) AKR 775 (followed); writ petition disposed of; Karnataka High Court at Bengaluru; Justice K.S. Hemalekha; Mysuru Taluk Primary Co-operative Agriculture and Rural Development Bank Ltd.
What did the court decide?
Writ petition disposed of: Returning Officer directed to count the votes including those cast by the petitioners and announce the results of the 02.02.2025 election, with the petitioners' votes kept in a separate sealed box after counting; the petitioners' eligibility to vote left open to be determined in a dispute under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959, uninfluenced by the interim order, with the effect of any exclusion of their votes on the election outcome to be reckoned in such dispute.