Vedamurthy G. , S/o. Gundappa v. State Of Karnataka, Department Of Co-Operation, Rep. By Its Principal Secretary
2025-11-28
SURAJ GOVINDARAJ
body2025
DigiLaw.ai
ORDER : SURAJ GOVINDARAJ , J. 1. The petitioners are before this Court seeking for the following reliefs: (a) Issue a writ of certiorari/ such other writ/direction quashing the ostensible proceedings of election conducted by the respondent No.2 dated 10/05/2025 for the respondent No.3 society and further quash the results of election (produced in a sealed in W.P.No.13284/2025) & (b) Issue a writ in the nature of mandamus directing the respondent No.2 to conduct the electoral process afresh by giving an opportunity of voting to all such members as indicated in the preliminary voter list published on March, 2025 and Grant such other reliefs as this Hon'ble Court deems fit in the fact and circumstances. 2. The contention of the petitioners is that the election to the respondent No.4 has been held in pursuance to the directions dated 15.07.2024 in W.P.No.201800/2023 connected with W.P.No.200471/2022 and W.P.No.200180/ 2023. 3. The grievance now of the petitioners is that the electoral roll had not been prepared as per the directions issued by the Co-ordinate Bench of this Court and it is for that reason and that many of the petitioners could not vote at the elections on account of travel restrictions during the Indo-Pak conflict. 4. The relief which has been sought for is for quashing the election, results of the election and for a direction to conduct a fresh election. Such a relief cannot be granted by this Court under Articles 226 and 227 of the Constitution of India. If at all the petitioners have any grievance as regard to manner and methodology of carrying out the elections, then the petitioners could always agitate the same before the appropriate forum. 5. If there is a violation of the direction issued by a Co- ordinate Bench of this Court, vide its order dated 15.07.2024 in W.P.No.201800/2023 connected with W.P.No.200471/2022 and W.P.No.200180/2023, the petitioners could always initiate appropriate proceedings. 6. The relief of setting aside an election which has already been held cannot be so granted in a Writ Petition under Articles 226 and 227 of Constitution of India. As such, reserving the aforesaid liberty, the petition stands disposed of.