Ugraiah v. the State of Karnataka
Case brief
What is this about?
Co-operative society election; ineligible voter; voter list exclusion; writ under Articles 226/227 Constitution of India not maintainable for pre-result election/eligibility disputes; election dispute only under Section 70(2) Karnataka Co-operative Societies Act 1959 after results; separate ballot box; Returning Officer directed to declare result within seven days; Doddaballapura; Bengaluru Rural; reliance on H.S.Raju v. State of Karnataka, WP 8502/2022 (Kar HC); contentions left open.
What did the court decide?
Writ petitions disposed of; Returning Officer directed to announce the election result within seven days of receipt of a copy of the order, counting the votes cast by the petitioners; those votes to continue to be retained in a separate ballot box until disposal of any dispute raised within the prescribed time frame; all contentions left open for any Section 70(2) election-dispute proceeding, with no opinion expressed on the eligibility issues.