Authority: High Court of Karnataka, Bengaluru
Order Date: 18 June 2026
Case Overview
- Petitioners: 38 members of Ajjavara Haalu Utpadakara Sahakari Sangha Niyamita seeking inclusion in the voters list for the society election scheduled 21‑06‑2026.
- Respondents: (1) State of Karnataka, Department of Co‑Operation; (2) State Co‑operative Election Authority; (3) Ajjavara Haalu Utpadakara Sahakari Sangha Niyamita; (4) Returning Officer, Ajjavara Haalu Utpadakara Sahakari Sangha; (5) Election Officer and Deputy Registrar of Co‑operative Societies, Dakshina Kannada.
- Petition filed under Articles 226 & 227 of the Constitution, alleging violation of Rule 13D of Karnataka Co‑operative Societies Rules, 1960; claimed only 42 of 121 members were wrongly declared eligible.
- Respondents contended the voter list complied with the law and sought dismissal of the writ.
Court Reasoning
- The dispute concerns factual determination of voter eligibility, which the Court cannot decide under Article 226.
- Prior judgments (W.P. No. 29014/2023 and W.A. No. 100619/2024) recognise an alternative and efficacious remedy under Section 70 of the Karnataka Co‑operative Societies Act, 1959.
- The Court noted that the Registrar may not decide within the election time‑frame, but Section 71(5) mandates adjudication within a prescribed period if a dispute is raised before the Assistant Registrar.
- Consequently, the Court found it inappropriate to entertain the writ and directed the petitioners to pursue the statutory remedy.
Order
- The writ petition is dismissed.
- Petitioners may approach the appropriate authority under Section 70 of the Karnataka Co‑operative Societies Act, 1959.
- Any dispute raised shall be adjudicated within the time‑frame prescribed under Section 71(5) of the Act.
Final Outcome
- No immediate relief granted; petitioners must seek redress through the statutory mechanism of the cooperative society law.
Topics: Co-operative Society Election, Voting Rights