Karnataka High Court
Sri M A Palani vs The State Of Karnataka on 24 July, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 9208 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 9208 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI M.A. PALANI
S/O LATE ANNIYAPPA,
AGED ABOUT 70 YEARS,
MEMBER SHIP NO.2237,
R/AT NO.130, PMK HOUSE,
2ND STAGE, OKALIPURAM,
BENGALURU-560021
...PETITIONER
(BY SRI. KEMPARAJU.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION,
Digitally signed M.S.BUILDING,
by SHWETHA
RAGHAVENDRA DR B R AMBEDKAR VEEDHI,
Location: HIGH BENGALURU-560001
COURT OF REPRESENTED BY ITS SECRETARY.
KARNATAKA
2. THE STATE CO OPERATIVE ELECTION AUTHORITY
3RD FLOOR, T T M C A BLOCK,
SHANTHI NAGAR, K H ROAD,
BANGALORE - 560027
REPRESENTED BY ITS SECRETARY
3. THE REGISTRAR OF CO OPERATIVE
SOCIETIES IN KARNATAKA
NO.1 ALI ASKAR ROAD,
BENGALURU - 560 001
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REPRESENTED BY ITS SECRETARY
4. THE RETURNING OFFICER
THE REMCO (BHEL) HOUSE BUILDING CO
OPERATIVE BANK LIMITED,
NO.364, 5TH MAIN ROAD,
REMCO LAYOUT,
HAMPI NAGARA,
BENGALURU - 560 104
5. THE REMCO (BHEL) HOUSE BUILDING CO
OPERATIVE BANK LIMITED
NO.364, 5TH MAIN ROAD,
REMCO LAYOUT,
HAMPI NAGARA,
BENGALURU - 560 104
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SRI. YOGESH D NAIK, AGA FOR R1, R3 AND R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. SARAVANA ADVOCATE FOR R5 ( VK NOT FILED)
SRI. B.S. MAHESHA ADVOCATE FOR R5 .,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-DECLARE THAT SEC
20(2)(a-iv) AND (a-v) OF THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959 IS ULTRA VIRES THE LEGISLATIVE
COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE
CONSTITUTION OF INDIA DIRECT, DIRECTING THE
RESPONDENTS TO CONDUCT THE ELECTIONS TO THE
RESPONDENT NO. 5 SOCIETY FOR THE TERM 2025-2030 AND
PERMIT THE PETITIONER TO PARTICIPATE THE ELECTION I.E.,
TO VOTE IN THE ELECTION WITHOUT INSISTING FOR
COMPLIANCE OF SEC 20(2)(a-iv) AND (a-v) THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT, 1959.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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WP No. 9208 of 2025
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ORAL ORDER
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 & others1 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 Section 70 (2) of the
Karnataka Co-operative Societies Act, 1959 after the
W.P.No.8502/2022 dated 7.6.2022
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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.
4. In that view of the matter, I pass the following:
ORDER
i) The Writ Petition is disposed of.
ii) The Returning Officer is directed to announce the
result within seven days of the receipt of a copy of
this order by taking into account the votes cast by
the petitioners.
iii) In the event of any proceeding being filed in
relation to the results of the election under Section
70 (2) of the Karnataka Co-operative Societies Act,
1959, all the contentions raised herein and any that
may be raised are left open for consideration in
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accordance with the applicable law, this court has
not expressed any opinion on those issues.
iv) The votes cast by the petitioners which had been
directed to be kept in separate box shall continue to
be retained in a separate box until the disposal of
the dispute if any raised within the time frame
prescribed.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
KTY
