Kempegowda Vs the State of Karnataka

PANDAVAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., PANDAVAPURA TALUK MANDYA DISTRICT - 571434. REP. BY ITS CHIEF EXECUTIVE OFFICER. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)

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PANDAVAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., PANDAVAPURA TALUK MANDYA DISTRICT - 571434 REP. BY CHIEF EXECUTIVE OFFICER (BANK REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)

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…RESPONDENTS

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(BY SRI YOGESH D. NAK, AGA FOR R-1, R-3, R-4 & R-6; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI SHIVARAN R. BHAT, ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 BANK WHICH IS SCHEDULED TO BE HELD ON 08.02.2025.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioners are seeking for the following

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prayers:-

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"i. Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections to the respondent no.5 Bank which is scheduled to be held on 08.02.2025 in the interest of justice and equity.

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ii. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.”

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This Court by way of an interim arrangement on

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07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of this petition.

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Heard Sri Sandesh T.B., learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Shivaran R. Bhat, learned counsel for respondent No.5.

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Counsel for the petitioners submits that the

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election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes.

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Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.

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Learned counsel for respondent No.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced.

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It is brought to the notice of this Court that

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under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others¹ (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70

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(2) (c) of the Act and hence, the following:

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ORDER

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i. Writ petition is disposed of.

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ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 08.02.2025.

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1 2022 (4) AKR 775

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iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society.

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iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard.

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v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders.

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