Manonmani P v. the State of Karnataka
Case brief
What is this about?
Karnataka High Court writ on co-operative election electoral roll: exclusion from eligible voters list of Vysya Co-operative Bank Ltd., Tumkur; alleged non-compliance with Rule 13-D / Rule 13-D(2-A) notice procedure, KCS Rules 1960; forum question — Article 226 challenge versus Section 70, Karnataka Co-operative Societies Act 1959 election dispute; eligibility, dues payment, AGM attendance and minimum-service utilisation held to be questions of fact for Section 70 authority; B Ganganna, ILR 2024 KAR 1901, followed; writ disposed, counting of votes cast in 19.01.2025 election directed and results announcement ordered; election-petition remedy under Section 70(2) reserved; contentions kept open.
What did the court decide?
Writ petition disposed of: (i) Returning Officer directed to count the votes cast in the elections held on 19.01.2025 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 raise objections to the validity of the electoral roll by filing an election petition under Section 70(2) of the KCS Act, 1959; (iii) the authority under Section 70 to examine all questions including validity of the eligible and ineligible voters list and its impact on the election to the Board of respondent No.5-society; (iv) all contentions kept open; (v) the Court expressed no opinion on merits or demerits of eligibility or ineligibility of the voters list.