Sri. Srinivasayya G v. the State of Karnataka
Case brief
What is this about?
Karnataka HC Writ Petition (CS-EL/M) No. 2482 of 2025, NC 2025:KHC:7498, K.S. Hemalekha J., 14.02.2025; co-operative society election; exclusion of 117 members from final voters list without individual notice; Rule 13(D)(2-A) Karnataka Co-Operative Societies Rules 1960; Section 70(2)(c) Karnataka Co-Operative Societies Act 1959 election dispute; interim permission to vote dated 30.01.2025; election held 06.02.2025, votes counted and results to be announced; petitioners' votes kept in separate sealed box; eligibility to vote kept open; interim order creates no finding on eligibility; effect of exclusion of votes on final outcome; H.S. Raju 2022 (4) AKR 775 followed; Yadiyuru Primary Agricultural Credit Co-operative Society, Kunigal Taluk, Tumkur; mandamus; Articles 226 and 227.
What did the court decide?
Directions to the Returning Officer to count the votes including those cast by the petitioners and announce the results of the election scheduled on 06.02.2025; the petitioners' votes to be kept in a separate sealed box after counting; eligibility of the petitioners to vote left open for adjudication in a dispute under Section 70 (2) (c) of the Act, with the effect of any finding of ineligibility and exclusion of votes on the final outcome to be taken into account before final orders.