Karnataka High Court
Krishnamurthy H S vs The State Of Karnataka on 17 February, 2025
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WP No. 3135 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 3135 OF 2025 (CS-EL/M)
BETWEEN:
1. KRISHNAMURTHY H.S
S/O. SHASHANNAGOWDA,
AGED ABOUT 63 YEARS
SHARE NO. 8558
2. RAMESH ADIGA K A.
S/O. ANANTH RAMA ADIGA,
AGED ABOUT 52 YEARS
SHARE NO. 34415
3. SURANDRA K R.
S/O. RANGAPPA GOWDA,
AGED ABOUT 68 YEARS
SHARE NO. 29573
Digitally signed by
MAHALAKSHMI B M
Location: HIGH 4. MAHABALA BHAT
COURT OF
KARNATAKA K. S/O. GUNDA BHAT K,
AGED ABOUT 60 YEARS
SHARE NO. 5181
5. VENKATARAMANA K.S
S/O. SHASHAGRIACHAR K,
AGED ABOUT 50 YEARS
SHARE NO. 7537
6. SRINIVAS K R.
S/O. RAMANAIK,
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WP No. 3135 of 2025
AGED ABOUT 55 YEARS
SHARE NO. 11076
7. RANGANTHA BHAT H S.
S/O. SHANKAR BHAT H N,
AGED ABOUT 62 YEARS
SHARE NO. 11996
8. SHRIRAMANA H G,
S/O. GANGADHAR BHAT H S.
AGED ABOUT 50 YEARS
SHARE NO. 15730
9. SHESHADRI BHAT K.K
S/O. KRUSHNA BHAT K,
AGED ABOUT 61 YEARS
SHARE NO. 18341
10. RAVISHANKAR K V,
S/O. VISHANTHA BHAT,
AGED ABOUT 53 YEARS
SHARE NO. 19067
11. SUBRAHMANYA K N
S/O. NAGESH BHAT,
AGED ABOUT 40 YEARS,
SHARE NO. 22153
12. SUBRAMANYA G R
S/O. RANGAPPA D K.
AGED ABOUT 55 YEARS
SHARE NO. 24756
13. SRIDHAR A,
S/O. ANANDARAMA BHAT,
AGED ABOUT 41 YEARS
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WP No. 3135 of 2025
SHARE NO. 24919
14. SATHRAJEETH RAO H S.
S/O. NARAYAN MURTHY M S.
AGED ABOUT 56 YEARS
SHARE NO. 25270
15. SUDEENDRA H N
S/O. NARSIMHA BHAT H.S.
AGED ABOUT 46 YEARS
SHARE NO. 25770.
16. SURYANARAYANA UPADHYA T.
S/O RAMKRISHNA UPADHYA T,
AGED ABOUT 54 YEARS
SHARE NO. 27277
17. MANJAPPA GOWDA M N
S/O. NAGAPPA GOWDA,
AGED ABOUT 56 YEARS
SHARE NO. 27324
18. BHOJASHEETY,
S/O. GOPUSHEETY,
AGED ABOUT 52 YEARS
SHARE NO. 27544
19. NAGESH M.V,
S/O. VEERAPPA GOWDA,
AGED ABOUT 53 YEARS
SHARE NO. 29850
20. SAMBHAMURTHY K S,
S/O. SEETHARAMABHAT K,
AGED ABOUT 60 YEARS
SHARE NO. 31478
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21. MURLIDHAR B.S,
S/O. SHANKARNARAYAN RAO,
AGED ABOUT 46 YEARS
SHARE NO. 32234
22. RAGHAVENDRA M G
S/O. MANJAPPA GOWDA M N.
AGED ABOUT 46 YEARS
SHARE NO. 33214
23. PADMAVATHI K N,
W/O. DATTATRI H S,
AGED ABOUT 51 YEARS
SHARE NO. 33502
24. VENKATESH MURTHY B.R,
S/O. RAMACHANDRA B P,
AGED ABOUT 60 YEARS
SHARE NO. 33822
25. SHIVAMURHTY H S
S/O. SHANKARNARAYAN BHAT H S,
AGED ABOUT 60 YEARS,
SHARE NO. 10294
26. SEETHARAMA RAO D
S/O. GUNDAIAH,
AGED ABOUT 70 YEARS
SHARE NO. 7416
27. LAKSHMINARAYAN RAO D R,
S/O. RAMAKRISHNAIAH,
AGED ABOUT 70 YEARS
SHARE NO. 8065
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28. SURESH K R S/O. RAMAPPAGOWDA K P
AGED ABOUT 40 YEARS
SHARE NO. 12480
29. GOPALA E T,
S/O. THAMMAIAH GOWDA E C,
AGED ABOUT 55 YEARS
SHARE NO. 12848
30. NAGESH C.C S/O. CHINNA NAIK C.V,
AGED ABOUT 55 YEARS
SHARE NO. 15154
31. SATHISH M B,
S/O. BALLAIAH GOWDA M.D,
AGED ABOUT 50 YEARS
SHARE NO. 15178
32. VENANTHI H.D W/O. SATHISH K P,
AGED ABOUT 45 YEARS
SHARE NO. 28726
33. DANNAMMA K.A S/O. LINGGAPPA GOWDA,
AGED ABOUT 70 YEARS,
SHARE NO. 28842
34. MAHESH BN,
S/O. NAGAPPA GOWDA B P,
AGED ABOUT 55 YEARS
SHARE NO. 28969
35. JAYASHELA M L W/O. LAKSHMANA GOWDA,
AGED ABOUT 54 YEARS
SHARE NO. 29443
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36. SREEKANTA GOWDA ES
S/O. SHANKARAPPA GOWDA,
AGED ABOUT 60 YEARS
SHARE NO. 29463
37. SHASHIKALA W/O. SREEKANTA GOWDA,
AGED ABOUT 50 YEARS
SHARE NO. 29464
38. DEVANDRA MT S/O. THIMAPPA GOWDA,
AGED ABOUT 60 YEARS
SHARE NO. 35669
39. SURESH M.G S/O. GANAPAIAH,
AGED ABOUT 50 YEARS
SHARE NO. 43146
PETITIONERS NO.1 TO 39 ARE THE
MEMBERS OF MALNAD ARECA MARKETING
CO-OPERATIVE SOCIETY LIMITED,
APMC COMPOUND, SAGARA ROAD,
SHIVAMOGGA - 577 204,
REPRESENTED BY ITS CEO/SECRETARY.
...PETITIONERS
(BY SRI. PRUTHVI WODEYAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 01,
REPRESENTED BY ITS SCRETARY.
2. THE CO-OPERATIVE ELECTION COMMISSION
NGO COLONY, WILSON GARDEN,
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WP No. 3135 of 2025
BENGALURU - 560 027,
REPRESENTED BY ITS SECRETARY.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
SAHAKARA BHAVAN, 1ST FLOOR,
D.C. OFFICE PREMISES,
SHIVAMOGGA - 577 201.
4. MALNAD ARECA MARKETING CO-OPERATIVE
SOCIETY LIMITED, APMC COMPOUND,
SAGARA ROAD, SHIVAMOGGA - 577 204,
REPRESENTED BY ITS CEO/SECRETARY
REG. UNDER KARNATAKA CO-OPERATIVE
SOCIETIES ACT 1959.
5. RETURNING OFFICER AND SPL. LA.O,
THUNGA UPPER PROJECT,
MALNAD ARECA MARKETING CO-OPERATIVE
SOCIETY LIMITED, APMC COMPOUND,
SAGARA ROAD, SHIVAMOGGA - 577 204.
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. RAVINJAY KULKARNI, ADVOCATE FOR C/R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS
IN THE FINAL ELIGIBLE VOTER LIST AT ANNX-B AND PERMIT
THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO
R-4 SOCIETY WHICH IS SCHEDULED TO BE HELD ON
04.02.2025 AS PER ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 3135 of 2025
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
Petitioners are seeking to direct respondents to
include the names of petitioners in the eligible voters list
and permit the petitioners to cast their votes in the
election of respondent No.4-Society, which was scheduled
to be held on 04.02.2025.
2. This Court, by way of interim arrangement on
03.02.2025, permitted the petitioners to cast their votes in
the ensuing elections scheduled to be held on 04.02.2025
to the Board of Directors of respondent No.4-Society
subject to the final outcome of this writ petition.
3. Heard Sri. Pruthvi Wodeyar, learned counsel for
the petitioners, Sri. Yogesh D Naik, learned AGA for
respondent Nos.1, 3 and 5, Sri. T.L. Kiran Kumar, learned
counsel for respondent No.2 and Sri. Ravinjay Kulkarni,
learned counsel for respondent No.4-Society.
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4. The challenge in this writ petition is on the
premise that notice under Rule 13 of the Karnataka Co-
Operative Societies Rules, 1960 ('the Rules' for short) is
not issued.
5. Learned counsel for respondent No.4-Society
fairly submits that the Society has not followed the
mandatory requirement of the aforementioned rules and
cast votes of the petitioners to be included while counting
and the results to be announced.
6. Rule 13-D of the Rules 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;
(b) number of elected directors of the board;
(c) the date of expiry of the term of office of the
board;
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(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.
(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
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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.
(vi) The final list of ineligible voters shall be
published on or before fifteen clear days prior
to the date of election.
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(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
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
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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,
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
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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;
(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;
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(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."
7. The Co-Ordinate Bench of this Court in the case
of Sri. B Ganganna and others Vs. The State of
Karnataka, Department of Co Operation and others1
(B Ganganna) had given deliberate consideration to the
provisions of Rule 13-D of the Rules, and adjudication of
dispute under Section 70 of the Karnataka Co-Operative
Societies Act, 1959 ('the Act' 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;
ILR 2024 KAR 1901
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(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
in Election Commission of India through
Secretary supra."
(Emphasis supplied)
8. 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
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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
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:
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
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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
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."
9. Section 70 of the Act 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.-
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(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
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.-
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(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 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
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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
thereon of the Registrar shall be final and shall not
be called in question in any court.
(4) xxxxx
(5) x x x x x"
10. 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 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 Act and the writ petition under
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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.
11. It is brought to the notice of this Court that
under identical circumstances the Co-Ordinate Bench of
this Court in the case of H.S. Raju and others Vs. State
of Karnataka and others2 (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 Act.
Whether the petitioners would incur 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:
ORDER
i. Writ petition is disposed of.
2022 (4) AKR 775
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ii. The Returning Officer to count the votes
including the votes cast by petitioners in the
election held on 04.02.2025 to the Board of
Directors of respondent No.4-Society and
announce the results.
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 petitioners to vote in the
election to the Board of the respondent No.4-
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
petitioners would not give any finding on the
eligibility of the petitioners to vote in the
election of the Board of respondent No.4-
Society.
iv. The eligibility of the petitioners 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 petitioners to vote in the election to the
Board of the respondent No.4-Society is
raised, the effect of holding the petitioners
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ineligible to vote and excluding such votes, 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 petitioners 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 petitioners.
Sd/-
____________________
JUSTICE K.S. HEMALEKHA
AT
CT: BHK
