Writ Petition No. 1535 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6795 WP No. 1535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1535 OF 2025 (CS-EL/M) BETWEEN: …PETITIONER SMT DHANALAKSHMI W/O DEVARAJEGOWDA AGED ABOUT 50 YEARS SHRE NO.789, MEMBER DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK MYSURU DISTRICT-570 001. (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REP BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H.ROAD, SHANTINAGAR BANGALORE-560027 REP BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570001 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6795 WP No. 1535 of 2025 5. CHIEF EXECUTIVE OFFICER THE DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK, MYSURU DISTRICT-570001. 6. RETURNING OFFICER DHANAGALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MYSURU TALUK, MYSURU DISTRICT-570001 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT -1959) …RESPONDENTS
Legal Reasoning
this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioner would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:
Arguments
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 & R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. S.B. TOTAD, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER CONTEST AND VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 31.01.2025 IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:6795 WP No. 1535 of 2025 ORAL ORDER The petitioner is seeking for the following prayer:- "Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioner in the eligible voters list and permit the petitioner to contest and votes in the elections to the respondent No.5 which is scheduled to be held on 31.01.2025 in the interest of justice and equity Annexure-A" 2. This Court by way of an interim arrangement on 23.01.2025 permitted the petitioner to cast her vote in the ensuing election scheduled on 31.01.2025 subject to final outcome of this petition. 3. Heard Sri Sandesh T B, learned counsel for the petitioner, Sri Yogesh D Naik, learned AGA for respondent Nos.1, 3, 4 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri S B Totad, learned counsel for respondent No.5. - 4 - NC: 2025:KHC:6795 WP No. 1535 of 2025 4. Counsel for the petitioner submits that the election has been held as scheduled on 31.01.2025 and the petitioner has cast her vote. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioner while the name of the petitioner is excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioner should be treated as eligible voter and her vote to be counted as valid vote. 6. Learned counsel for respondent No.3 fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast vote of the petitioner to be included while counting and the results to be announced. - 5 - NC: 2025:KHC:6795 WP No. 1535 of 2025 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of
Decision
ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the vote cast by petitioner and 1 2022 (4) AKR 775 - 6 - NC: 2025:KHC:6795 WP No. 1535 of 2025 announce the results of the election, which was scheduled on 31.01.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioner to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioner to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioner to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioner to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioner - 7 - NC: 2025:KHC:6795 WP No. 1535 of 2025 ineligible to vote and excluding such vote, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioner shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioner. Sd/- JUSTICE K.S. HEMALEKHA AN/- List No.: 2 Sl No.: 2