Sri Nagaraj K v. the State of Karnataka
Co-operative Society – Election – Electoral roll / eligible voters list
Case brief
What is this about?
Karnataka High Court writ petition (WP No. 247 of 2025, CS-EL/M, decided 25.01.2025) on co-operative society elections: inclusion of omitted members in the eligible voters list of Betta Halasuru Primary Agricultural Co-operative Society; alleged non-issue of notice under Rule 13 / Rule 13-D(2-A) of the Karnataka Co-Operative Societies Rules, 1960; maintainability of an Article 226 challenge to the electoral roll versus adjudication under Section 70 of the KCS Act, 1959; Co-ordinate Bench decision in B Ganganna (ILR 2024 KAR 1901) followed; directions to count votes of 18.01.2025 election and liberty to file Election Petition under Section 70(2).
What did the court decide?
Writ petition disposed of with directions: (i) the Returning Officer shall count the votes cast in the elections held on 18.01.2025 to the Board of Directors of respondent No.2-Society and announce the results; (ii) liberty reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral roll by filing an Election Petition under Section 70(2) of the KCS Act, 1959; (iii) if any dispute is raised, the Authority under Section 70 of the KCS Act, 1959 shall examine all questions including the validity of the eligible and ineligible voters list and its impact on the election; (iv) all contentions of the parties kept open; (v) the Court expressed no opinion on the merits/demerits of the eligibility or ineligibility of the voters list.