Venkatesh K a v. the Principal Secretary
Case brief
What is this about?
Karnataka HC (Bengaluru), WP No. 3678 of 2025 (CS-EL/M), K.S. Hemalekha J, order dated 21.02.2025, disposed. Co-operative society election (16.02.2025) — exclusion from final voters list without individual notice — Rule 13-D (2-A) Karnataka Co-Operative Societies Rules, 1960 — concession by respondent No.5-Society — votes counted post-election and results announced — votes kept in separate sealed box — eligibility to vote left open for dispute under Section 70 (2) (c) of the Act — interim order of 07.02.2025 grants no finding on eligibility — H.S. Raju v. State of Karnataka, 2022 (4) AKR 775 followed — mandamus under Articles 226/227 sought.
What did the court decide?
Writ petition disposed of: Returning Officer directed to count the votes including those cast by the petitioners and announce the results of the election scheduled on 16.02.2025; votes cast by the petitioners to be kept in a separate sealed box after counting; eligibility of the petitioners to vote kept open to be decided in a dispute under Section 70 (2) (c) of the Act, unaffected by the interim order, with the effect of excluding such votes on the final result to be considered therein.