Sri. Byregowda v. the Government of Karnataka
Case brief
What is this about?
Karnataka HC (Suraj Govindaraj J, 20.03.2025), WP Nos. 6074, 4824, 6038, 6076, 6082, 6093 & 6149 of 2025 (CS-EL/M): member-shareholders of PLD Bank / Primary Co-operative Agriculture and Rural Development Bank Ltd., Channarayapatna-Hirissave, challenged eligible/ineligible voters lists for co-operative year 2025-26 to 2029-30 elections (Rule 13-D(2-a), Karnataka Co-operative Societies Rules 1960; S.20(2)(a-iv)/(a-v)). Following H.S. Raju v. State of Karnataka (W.P.No.8502/2022), Art. 226 held not the proper remedy for voter-eligibility/electoral-roll disputes; remedy lies only under S.70(2) election dispute after declaration of results. Petitions disposed; results to be announced within 7 days counting petitioners' votes; votes kept in separate ballot box pending any S.70(2) dispute; contentions left open.
What did the court decide?
Writ petitions disposed of; Returning Officer in each matter 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; the petitioners' votes, kept in a separate ballot box, to continue to be retained in a separate box until disposal of any dispute raised within the prescribed time frame; all contentions left open for consideration in any election dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.