O SRI v. VISHNUMURTHY HANDE, AGE
Case Details
- 1 - NC: 2025:KHC:3042 WP No. 34462 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34462 OF 2024 (CS-EL/M) BETWEEN: 1. SRI. SHIVARAJA POOJARY, S/O RAMA POOJARY, AGE 47 YEARS, R/AT HALI MANE, GOLIHOLE VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.5032 MEMBERSHIP NO:1060. 2. SRI. RAMESHA @ RAMESHA POOJARY, S/O. GOVIND POOJARY, AGE 47 YEARS, R/AT 2-76 SHANTHERI, YALAJITA POST, KUNDAPURA TALUK, UDUPI DISTRICT-576214, SL.NO.1282 MEMBERSHIP NO:1558. 3. SRI. RAJASHEKAR @ RJASHEKAR DEVADIGA, S/O B SUBBA DEVADIGA, AGE. 61 YEARS, R/AT 1-154/B SEETHAKUNJA, HMMMS ENGLISH MEDIUM SCHOOL ROAD, BEHIND MAHASATHI TEMPLE, PADUVARI, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.69 MEMBERSHIP NO:3132. 4. SRI. SUBBAYYA NAIK, S/O. KORAGA MARATI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3042 WP No. 34462 of 2024 R/AT. GONKERI, GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.5042 MEMBERSHIP NO:1076. 5. SMT. GIRIJA POOJARI, W/O RANGA, AGE 60 YEARS, R/AT GUDDI HOUSE YALAKKI, GOLIHOLE POST, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.5011 MEMBERSHIP NO:987. 6. SRI. MOBI P. C., AGE 46 YEARS, R/AT 13-27 ETTHABERU, THAGGARSE, KUNDAPURA TALUK, UDUPI DISTRICT-576214 SL.NO.1958 MEMBERSHIP NO:794. 7. SRI. PRABHAKARA HANDE, AGE 60 YEARS, R/AT 2-21 GOLIHOLE POST, KUNDAPURA TALUK, UDUPI DISTRICT-576214, SL.NO.4777 MEMBERSHIP NO:387. 8. SMT. V. RENUKA HANDE W/O SRI. V. VISHNUMURTHY HANDE, AGE 65 YEARS, R/AT SRI RAGHAVENDRA NILAYA, KUNDAPURA, HANDE GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.4957 MEMBERSHIP NO:864. 9. SRI. S NARAYANA SHETTY CHUCHI, S/O CHUCHI MAHABALA SHETTY, AGE 79 YEARS, R/AT 2/123 SULOCHANA NILAYA, - 3 - NC: 2025:KHC:3042 WP No. 34462 of 2024 MAHABALA FARM CHUCHI, GOLIHOLE, BYNDOOR TALUK. UDUPI DISTRICT-576214 SL.NO.4784 MEMBERSHIP NO:426. 10. SRI. MANJAYYA SHETTY @ MANJU SHETTY, C/O SHEENAPPA SHETTY, 0AGE 67 YEARS, R/AT ASKI, GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.4955 MEMBERSHIP NO:860. 11. SMT. GOVINDU POOJARTHI, W/O KRISHNA POOJARI, AGE 68 YEARS, R/AT 2-14 KONE MANE, GOLIHOLE, BYNDOOR TALUK. UDUPI DISTRICT-576214. SL.NO.5053 MEMBERSHIP NO:1101. 12. SRI. SURESH S/O ERA POOJARY. AGE 44 YEARS, R/AT 1-11, GOLIHOLE POST, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.5104 MEMBERSHIP NO:1174. 13. SMT. SUSHEELA, C/O SESHU POOJARI, AGE 51 YEARS R/AT 2/18, HUNDIMAKKI, BYNDOOR, GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.5174 MEMBERSHIP NO:1283. - 4 - NC: 2025:KHC:3042 WP No. 34462 of 2024 14. SMT. VANAJA. C/O SANJEEVA, AGE 38 YEARS, R/AT GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.5153 MEMBERSHIP NO:1244. 15. SRI. GOPALA POOJARI, AGE 59 YEARS, S/O NARAYANA R/AT 2-122, KUNDAPURA, GOLIHOLE POST, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.4863 MEMBERSHIP NO:676. 16. SMT. NAGU POOJARY, W/O MADHA POOJARY, AGE 68 YEARS, R/AT 2-4, GOLIHOLE POST, KUNDAPURA, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.4924 MEMBERSHIP NO:803. 17. SRI. SAIDEEP, S/O BABU POOJARI, AGE 29 YEARS, R/AT GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.5165 MEMBERSHIP NO:1266.
Legal Reasoning
The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of - 17 - NC: 2025:KHC:3042 WP No. 34462 of 2024 Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law 1 ILR 2024 KAR 1901 - 18 - NC: 2025:KHC:3042 WP No. 34462 of 2024 in Election Commission of India through Secretary supra.” (Emphasis supplied) 7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule - 19 - NC: 2025:KHC:3042 WP No. 34462 of 2024 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following:
Arguments
18. SMT. JYOTHI, W/O MAHALINGA POOJARY, AGE 40 YEARS, - 5 - NC: 2025:KHC:3042 WP No. 34462 of 2024 R/AT 1-18 YALAKKI, GUDDI MANE, GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214. SL.NO.5165 MEMBERSHIP NO:1268. 19. SMT. RATNA POOJARTHI, W/O RAMA POOJARI, AGE 69 YEARS, R/AT GOLIHOLE, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.5105 MEMBERSHIP NO:1176. 20. SMT. AMBIKA ACHARYA, AGE 43 YEARS, W/O KRISHNAMURTHY ACHARYA, R/AT YALAKKI HOUSE, GOLIHOLE VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.5096 MEMBERSHIP NO:1164. 21. SRI. SHRIDHAR GOWDA, AGE 50 YEARS, S/O VENKTAYYA GOWDA, R/AT NIDUVANIKE, GOLIHOLE VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214. SL.NO.5154 MEMBERSHIP NO:1245. 22. SMT. PARVATHI MARATI, W/O SHANKAR MARATI, AGE 43 YEARS, R/AT GONKERI, GOLIHOLE VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214 - 6 - NC: 2025:KHC:3042 WP No. 34462 of 2024 SL.NO.5059 MEMBERSHIP NO:1110. 23. SRI. VASUDEVA SHANBHAG. AGE 51 YEARS, S/O LATE SUNDAR SHANBHAG, R/AT YALAJIT VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1129 MEMBERSHIP NO:1277. 24. SRI ANANTHA, AGE 53 YEARS, S/O MANJUNATH SHANBHAG, R/AT HERAGUDI, YALAJITH VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1128 MEMBERSHIP NO:1270. 25. SRI. H PRAKASH SHYANUBHAG, AGE 56 YEARS, R/AT HERAGUDI, YALAJIT VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1127 MEMBERSHIP NO:1269. 26. SMT. SANDYA W/O GANAPATHI SHANUBHAG, AGE 50 YEARS, R/AT KADRIBETTU, YALAJITH VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1372 MEMBERSHIP NO:1689. 27. SMT. SANTHOSHA S/O GOVINDA, AGE 36 YEARS, R/AT SANTERI, YALAJITH VILLAGE, - 7 - NC: 2025:KHC:3042 WP No. 34462 of 2024 BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1348 MEMBERSHIP NO:1665. 28. SMT. S JAYALAXMI D/O GOVINDA POOJARY, AGE 35 YEARS R/AT SANTHERI, YALAJIT VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1373 MEMBERSHIP NO:1690. 29. SRI. GANESH GOVINDA POOJARI, AGE 44 YEARS, S/O GOVINDA SOMAYYA POOJARI, R/AT GANESH NILAYA, SANTHERI, KOLLUR ROAD, YALAJITH VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576214, SL.NO.1322 MEMBERSHIP NO:1632A. 30. SMT. DEVI, C/O NARAYANA, AGE 58 YEARS, R/AT 2-7, BELLURAMAKKI, GOLIHOLE. BYNDOOR TALUK, UDUPI DISTRICT-576214 SL.NO.5107 MEMBERSHIP NO:1178. (BY SRI. SHARATHKUMAR SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASASOUDHA, BANGALORE-560 001 …PETITIONERS - 8 - NC: 2025:KHC:3042 WP No. 34462 of 2024 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, 'A' BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027. 3. THE CHIEF EXECUTIVE OFFICER, BYNDOOR AGRICULTURAL SERVICE COOPERATIVE SOCIETY, YADTARE, BYNDOOR TALUK, UDUPI DISTRICT- 576 214. (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT. 1950) …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. PRASANNA SHETTY, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 3 TO INCLUDE THE NAME OF THE PETITIONERS NO.1 TO 5 TO CONTEST IN THE ELECTION AND PERMIT THE PETITIONERS TO CAST THEIR VOTES AND TO PERMIT THE P-1 TO 5 TO CONTEST IN THE ELECTION AND TO FILE NOMINATION TO THE R-3 SOCIETY ELECTION WHICH IS SCHEDULED TO BE HELD ON 26.12.2024 FOR WHICH LAST DATE TO FILE NOMINATION IS SCHEDULED TO BE HELD ON 18.12.2024 AND TO ACCEPT SO FAR AS PETITIONERS ARE CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - NC: 2025:KHC:3042 WP No. 34462 of 2024 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners are seeking to direct respondents to include the names of all petitioners in the eligible voters list, permit petitioner Nos.1 to 5 to contest in the election and permit all the petitioners to cast their votes in the election of respondent No.3-Society, which was scheduled to be held on 26.12.2024. 2. This Court on 20.12.2024 passed the following order: 1. “Sri.Prasanna Shetty, learned counsel accepts notice for respondent No.3. 2. The petitioners No.3, 4, 5, 8, 13, 20, 21, 29 and 30 if not disqualified under Section 29(c) or any other provision and or declared ineligible under Section 20(2)(a-v) of the Karnataka Cooperative Societies Act, 1959, are permitted to cast their vote in the ensuing election scheduled to be held on 26.12.2024 to the Board of Directors of the respondent No.4 - Society subject to the outcome of this writ petition. 3. The vote cast by the above petitioners shall be maintained in a separate ballot box and not to mix with the other votes polled by the other members. - 10 - NC: 2025:KHC:3042 WP No. 34462 of 2024 4. Process fee and copies to be furnished by the end of the day 23.12.2024 failing which the interim order granted above shall stand automatically vacated. 5. Office objections 10.01.2025 granted above shall stand automatically vacated. failing which the to be complied with by interim order 6. Hand delivery ordered. 7. Relist on 4.02.2025.” 3. Learned counsel for the petitioners submits that notice under Rule 13 of the Karnataka Co-Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. Rule 13-D of the KCS Rules, 1960 reads as under: “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; - 11 - NC: 2025:KHC:3042 WP No. 34462 of 2024 (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. - 12 - NC: 2025:KHC:3042 WP No. 34462 of 2024 (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. - 13 - NC: 2025:KHC:3042 WP No. 34462 of 2024 (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates - 14 - NC: 2025:KHC:3042 WP No. 34462 of 2024 with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, - 15 - NC: 2025:KHC:3042 WP No. 34462 of 2024 the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; - 16 - NC: 2025:KHC:3042 WP No. 34462 of 2024 (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” 5. Learned counsel for the petitioners submits that respondent No.3 has issued the non-eligible list and eligible voters list vide Annexure-B, respondent No.3 has not included the names of the petitioners in the eligible voters list, in spite of being eligible to cast their votes and petitioner Nos.1 to 5 are being eligible to contest in the elections in respondent No.3-Society. 6.
Decision
ORDER Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list - 20 - NC: 2025:KHC:3042 WP No. 34462 of 2024 and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 8. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any - 21 - NC: 2025:KHC:3042 WP No. 34462 of 2024 past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal - 22 - NC: 2025:KHC:3042 WP No. 34462 of 2024 debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision - 23 - NC: 2025:KHC:3042 WP No. 34462 of 2024 thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present - 24 - NC: 2025:KHC:3042 WP No. 34462 of 2024 petition needs to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 26.12.2024 to the Board of Directors of respondent No.3-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.3- Society. iv. All contentions of the parties are kept open. - 25 - NC: 2025:KHC:3042 WP No. 34462 of 2024 v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 76