Venkatesh Vs the State of Karnataka

ALL ARE MEMBERS OF JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001 (NON-BORROWERS CONSTITUENCY)

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…PETITIONERS

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(BY SRI. PRASHANTH D.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K. H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570001

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JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001 REPRESENTED BY ITS CEO

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(SOCIETY REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959)

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RETURNING OFFICER JAYAPURA DODDAPRAMANA CREDIT AGRICULTURE SERVICE CO-OPERATIVE SOCIETY LTD, JAYAPURA VILLAGE, MYSURU TALUK, MYSURU DISTRICT-570001

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(SOCIETY REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959)

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…RESPONDENTS

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(BY SRI. YOGESH D.NAIK., AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. SACHIN KUMAR B.M., ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

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MANDAMUS DIRECTING THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 23.02.2025 AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the

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following reliefs:

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a. Issue a writ of Mandamus directing the respondent No.2 to 6 to include the name of the petitioners in the eligible voters list and permit the petitioners to votes in the elections to the respondent No.5 which is scheduled to be held on 23.02.2025 in the interest of justice and equity.

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b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.

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This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

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A Coordinate Bench of this Court in the case of

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H.S.Raju vs. State of Karnataka & others¹ has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy

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any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

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The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.

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1 W.P.No.8502/2022 dated 7.6.2022

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In that view of the matter, I pass the following:

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ORDER

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i) The Writ Petition is disposed of .

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ii) The Returning Officer in each of the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the votes cast by the petitioners in each of the above matters.

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iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues.

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