Sri B Raghunatha Reddy v. the State of Karnataka
Co-operative society election – voter eligibility
Case brief
What is this about?
Karnataka High Court, Bengaluru; Writ Petition (CS-EL/M) No. 4416 of 2025; decided 21.03.2025; Suraj Govindaraj J. Keywords: co-operative society election; voter eligibility; ineligible voters; eligible voters list; Article 226 maintainability; election dispute; Section 70(2) Karnataka Co-operative Societies Act 1959; separate ballot box; Returning Officer; announcement of result; Primary Co-operative Agriculture and Rural Development Bank Ltd., Bagepalli Taluk, Chikkaballapura; State Co-operative Election Authority; H.S.Raju vs. State of Karnataka, W.P.No.8502/2022 dated 7.6.2022. Relevant to: whether an Article 226 petition is the proper remedy for co-operative election voter-list disputes in Karnataka; treatment of votes cast under interim orders subject to writ result; disposal of writ petitions with contentions left open for Section 70(2) election disputes.
What did the court decide?
Writ petition disposed of. The Returning Officer (R6) is directed to announce the result within seven days of receipt of a copy of the order, taking into account the votes cast by the petitioners. All contentions raised herein and any that may be raised are left open for consideration in accordance with applicable law in any proceeding under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, the Court expressing no opinion on those issues. The votes cast by the respective petitioners, kept in a separate box, shall continue to be retained in a separate box until disposal of any dispute raised within the prescribed time frame.