PAVITHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners filed this writ petition seeking the following reliefs:

(2.) Brief facts, leading rise to the filing of this petition are as follows:

(3.) The present executive committee for respondent No.5 society is coming to an end in the month of February, hence, new election process has begun for the borrowers and non-borrowers constituency. The petitioners are the members of respondent No.5 society from the beginning, and they have participated in many elections before in the borrowers constituency. That the petitioners are the agriculturists and engaged in agricultural activities, few are the members from the agriculturist family, and few are dairy farmers. The petitioners are the members from borrowers constituency and they are not defaulters. Respondent No.5 society published a draft list of voters from the borrowers constituency and the names of the petitioners were found in the draft voters list of borrowers constituency. Respondent Nos.4 and 5 published the final voters list of the borrowers constituency, in which the petitioners names were missing. Respondent No.4 issued a calendar of events on 27/1/2026 fixing the date of election on 13/2/2026. The candidates are allowed to file nominations from 5/2/2026 to 6/2/2026. On 28/1/2026, respondent No.5 issued a final voters list of non-borrowers constituency. The petitioners belongs to borrowers constituency and without any notice to the petitioners, arbitrarily by colorable exercise of power, names of the petitioners are included in the non- borrowers voters list. Hence, the action of respondent Nos.4 and 5 is arbitrary and there is no application of mind in preparing a final voters list. The petitioners are removed from the borrowers list, which is against the provisions of the bye law of the respondent No.5 society and the petitioners valuable statutory right to vote is deprived by the arbitrary actions of the respondents in the ensuing elections scheduled to be held on 13/2/2026. Hence, this writ petition.