Sri Muthuraja D a Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Muthuraja D a Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of; Returning Officer directed to announce the result within seven days of receipt of a copy of the order, counting the votes cast by the petitioners; the petitioners' votes, kept in a separate ballot box, shall continue to be retained in a separate box until disposal of any dispute raised under Section 70(2) within the prescribed time frame.

Issue for consideration

Whether a petition under Article 226 of the Constitution of India is the proper remedy for grievances as to eligibility/ineligibility of voters and deficiencies in the finalisation of the final electoral list for the elections to Respondent No.3 Bank, or whether such disputes can be considered only in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959. +1 more

Court's answer

A petition under Article 226 of the Constitution of India is not the proper remedy for any irregularity in the conduct of the co-operative election; any dispute as regards eligibility or ineligibility and the deficiencies in finalization of the final electoral list could only be considered in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, after announcement of the results, counting even the votes cast by the petitioners.

Ratio / Principle

The co-ordinate Bench judgment in H.S.Raju vs. State of Karnataka & others (W.P.No.8502/2022 dated 7.6.2022), not having been challenged and having attained finality, and the facts being more or less similar, its conclusion applies equally to the present matter.

Key takeaways

The Returning Officer is directed to announce the result within seven days of receipt of a copy of the order, taking into account the votes cast by the petitioners.ratio¶36
In the event of any proceeding filed under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 relating to the election results, all contentions raised herein or that may be raised are left open; the Court has not expressed any opinion on those issues.obiter¶38

Detailed headnote1 paragraphs

Writ Petition (CS-EL/M) under Articles 226 and 227 of the Constitution — petitioners declared ineligible voters and omitted from the final eligible voter list (Annexure-G) for the elections to the Primary Co-operative Agricultural and Rural Development Bank Ltd., Gauribidanuru Taluk; by interim orders they had been permitted to vote subject to the result, their ballots kept in a separate box. Following the unchallenged and final co-ordinate Bench decision in H.S.Raju vs. State of Karnataka & others, W.P.No.8502/2022 dated 7.6.2022, held that a petition under Article 226 is not the proper remedy for irregularity in the conduct of a co-operative election, and that disputes as to eligibility/ineligibility and deficiencies in the final electoral list can be considered only in an election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, after announcement of results and counting even the petitioners' votes. Petition disposed of; Returning Officer directed to announce the result within seven days taking the petitioners' votes into account; those votes to remain in a separate box until disposal of any Section 70(2) dispute; all contentions left open, the Court expressing no opinion on them.

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NC: 2025:KHC:11636 WP No. 2746 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2746 OF 2025 (CS-EL/M)

BETWEEN:

SRI. MUTHURAJA D.A, S/O ELEMALLAPPA, AGED ABOUT 30 YEARS, R/AT DHRONAKUNTE VILLAGE, HOSSUR POST AND HOBLI GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 210. SHARE NO. 7003.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

SRI. GANGARAJA D.A, S/O ELEMALLAPPA, AGED ABOUT 28 YEARS, R/AT DHRONAKUNTE VILLAGE, HOSSUR POST AND HOBLI GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 210. SHARE NO. 7020

…PETITIONERS

(BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY.

PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., GAURIBIDANURU TALUK, CHIKKABALLAPUR DISTRICT - 561 208, REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959.

THE RETURNING OFFICER, PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 208.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 AND 4 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-G AND PERMIT THE PETITIONERS TO CAST ITS VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 BANK WHICH IS SCHEDULED TO BE HELD ON 01.02.2025 AND ETC.,

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NC: 2025:KHC:11636 WP No. 2746 of 2025

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

This Court by way of various interim orders had permitted the petitioners, who were declared to be ineligible voters to cast their votes in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in a separate ballot box.

A Co-ordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others¹ has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election, a petition under Article 226 of the Constitution of India would not be the proper remedy. Any dispute as regards the eligibility or

1 W.P.No.8502/2022 dated 7.6.2022

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ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.

In that view of the matter, I pass the following:

ORDER

i) The Writ Petition is disposed of .

ii) The Returning Officer in the above matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in the above matter.

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iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues.

iv) The votes cast by the respective petitioners which had been directed to be kept in a separate box shall continue to be retained in a separate box until the disposal of the dispute if any raised within the time frame prescribed.

SD/(SURAJ GOVINDARAJ) JUDGE

NG

List No.: 1 Sl No.: 59 CT: BHK