Bhaskara a S v. the State of Karnataka
Case brief
What is this about?
Cooperative-society election voter-list exclusion writ (CS-EL/M) before Karnataka HC, single judge K.S. Hemalekha, disposed 12.02.2025. 677 petitioners (lead: Bhaskara A S), members of MAMCOS society, Shivamogga; alleged exclusion from final eligible voters list 2024-25 without individual notice, contrary to Rule 13(D)(2-A) Karnataka Co-Operative Societies Rules 1960; interim permission to vote 03.02.2025; election held 04.02.2025; disposal following H.S. Raju v. State of Karnataka, 2022 (4) AKR 775; Returning Officer to count votes and announce results; petitioners' votes in separate sealed box; eligibility kept open for Section 70(2)(c) Karnataka Co-Operative Societies Act 1959 dispute, uninfluenced by interim order; writ under Articles 226 and 227, mandamus sought.
What did the court decide?
Writ petition disposed of: Returning Officer directed to count the votes cast in the 04.02.2025 election (petitioners' votes to be kept in a separate sealed box) and announce results; aggrieved party free to raise a dispute under Section 70(2)(c) of the Karnataka Co-Operative Societies Act, 1959; eligibility of the petitioners to vote kept open, to be decided uninfluenced by the interim order, with the effect of excluding ineligible votes on the final result to be considered; all contentions kept open.