Case brief
What is this about?
Writ petition (CS-EL/M) under Articles 226 and 227 by 37 members of a primary agricultural co-operative society (Bidarahalli, Bengaluru Urban) excluded from the eligible voters list for the managing committee election; Court held, following H.S.Raju v. State of Karnataka (W.P.No.8502/2022, 07-06-2022), that Article 226 is not the proper remedy for voter eligibility or electoral-roll deficiency disputes, the remedy lying in a Section 70(2) election dispute under the Karnataka Co-operative Societies Act, 1959; writ disposed of with direction to the Returning Officer to announce results within seven days counting the petitioners' votes cast under interim orders into separate ballot boxes; separate-box retention to continue until disposal of any Section 70(2) dispute; all contentions left open.
What did the court decide?
Writ petition disposed of; the Returning Officer directed to announce the election result within seven days of receipt of a copy of the order, taking into account the votes cast by the petitioners; the petitioners' votes to remain retained in a separate ballot box until disposal of any election dispute raised within the prescribed time; all contentions left open for consideration in any proceeding under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, the Court expressing no opinion on those issues.