Sri.Dinesh Achar v. the State of Karnataka
Case brief
What is this about?
Co-operative society election dispute; eligible and ineligible voters list; Rule 13 / Rule 13-D(2-A) KCS Rules 1960 notice procedure; maintainability of writ under Articles 226 and 227 versus reference of electoral-roll disputes to Section 70 authority under KCS Act 1959; B Ganganna (ILR 2024 KAR 1901) followed; Mohammad Beary, H.S. Raju, Election Commission of India referred within B Ganganna; interim permission to vote 10.01.2025; direction to count votes of 12.01.2025 election and announce results; election petition remedy under Section 70(2); contentions kept open. Neutral citation: NC: 2025:KHC:1834.
What did the court decide?
Writ petition disposed of: (i) Returning Officer to count the votes cast in the elections held on 12.01.2025 to the Board of Directors of respondent No.5-society and announce the results; (ii) liberty reserved to the petitioners or any aggrieved party to challenge the electoral roll by election petition under Section 70(2) of the KCS Act, 1959, the Section 70 authority to examine all questions including validity of the eligible/ineligible voters list and impact on the election; (iv) all contentions kept open; (v) no expression of merits or demerits on eligibility or ineligibility of the voters list.