Disqualification To Vote & Contest Elections Not Cured Merely Because Procedures Under Rule 13-D(2-A) Of Karnataka Co-operative Societies Rules Are Not Followed: Karnataka HC
The Karnataka High Court held that merely because procedures contemplated under Rule 13-D(2-A) of Karnataka Co-operative Societies Rules, 1960 (Rules) are not followed, it does not mean that the disqualification to vote or contest elections is cured.
The petitioners, who were members of the Chowdadenahalli Milk Produces Co-Operative Societies Union Ltd. (Society), had filed a writ petition to include their names in the final eligible voters' list and to permit the petitioners to vote and contest in the election to the Board of the Society.
The Court by an interim order had permitted the petitioners to cast their votes and to file nomination papers to contest in the said election. However, the result of the election was withheld.
A Single Bench of Justice Anant Ramanath Hegde observed, “Merely because the petitioners were permitted to vote and contest in the election to the board of the respondent-Society, it does not mean that all the petitioners had the eligibility to vote and contest in the election. It is quite possible that all or some had the eligibility to vote and contest or may had incurred disqualification to vote and contest.”
Advocate Akki Manjunath Gowda K represented the petitioners, while AGA Sidharth Babu Rao appeared for the respondents.
The Karnataka High Court Court in the case of H S Raju & Ors v. State Of Karnataka & Ors (2022(4) AKR 775) had permitted the counting of the votes and announcing the election results, keeping open all other contentions to be adjudicated in an appropriate forum under Section 70(2) of the Karnataka Co-operative Societies Act, 1959 (the Act).
The Court observed that the disqualification to contest elections is not cured merely because the procedures contemplated under the Rules are not followed. It was held that “whether the petitioners did incur the disqualification to vote and contest or not, is a question of fact. Same is to be decided in a proceeding under Section 70(2)(c) of the Karnataka Cooperative Societies Act, 1959.”
The Court ordered the Returning Officer to announce the results of the election to the Board of the Society by counting the votes of the petitioners.
The Court held, “If any person entitled to raise a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, raises a dispute under the said provision questioning the eligibility of the petitioners to vote and contest in the election to the board of respondent-society, the said dispute shall be decided without being influenced by the interim order granted by this Court permitting the petitioners to vote and contest in the election to the board of respondent-society.”
Accordingly, the High Court partly allowed the writ petition.
Cause Title: T. Nagaraj & Ors. v. The State Of Karnataka & Ors. (2024:KHC:3873)
Appearance:
Petitioners: Advocate Akki Manjunath Gowda K
Respondents: AGA Sidharth Babu Rao; Advocates T L Kiran Kumar and Yadunandan N
