Sumangala G H v. the State of Karnataka
Election law – Co-operative society election (PCARD BANK LTD, Honnali, Davanagere)
Case brief
What is this about?
WP No. 3686 of 2025 (CS-EL/M), High Court of Karnataka at Bengaluru, oral order dated 13-02-2025 by K.S. Hemalekha J. Twenty-four petitioners (residents of Shamanaruru, Halebisaleri, Shiramagondanahalli and Kurki, Davanagere district) claimed wrongful inclusion in the ineligible voters list of PCARD BANK LTD, Honnali, and alleged that the co-operative society election proceeded without the mandate of Rule 13-D of the Karnataka Co-Operative Societies Rules, 1960 and without general body meetings during the Covid-19 period; mandamus sought under Articles 226 and 227 of the Constitution read with Section 20(2)(a-iv)(a-v) of the Karnataka Cooperative Societies Act, 1959. Election held 08.02.2025 pursuant to interim order of 07.02.2025 allowing the petitioners to vote. Court relied on the co-ordinate bench ruling in H.S. Raju and others v. State of Karnataka, 2022 (4) AKR 775, and disposed of the petition: votes counted, results announced, petitioners' ballots sealed separately, voter eligibility reserved for adjudication under Section 70(2)(c) of the Act uninfluenced by the interim order. Counsel: Chandrashekar G M for petitioners; Yogesh D Naik (AGA) for R1, R3 and R5; T. L. Kiran Kumar for R2; R. Kumar for R4. Keywords: eligible voter list, ineligible voters, sealed ballot box, Returning Officer, Section 70(2)(c) dispute, co-operative election, Rule 13-D, Davanagere.