VENKATESH A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Court by way of various interim orders had permitted the petitioners who were declared to be ineligible voters to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes.

(2.) A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others,W.P.No.8502/2022 dtd. 7/6/2022 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Sec. 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the votes cast by the petitioners.

(3.) The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter.