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2025 DIGILAW 893 (KAR)

Sampath Kumar N. L, S/o Lakshminarayana NS v. State Of Karnataka, Department Of Co Operation

2025-11-03

M.G.UMA

body2025
ORDER : M.G. UMA, J. Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1 and 4. 2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondents No.2 to 4 to include their names in the eligible voters' list as per Annexure-A and permit them to cast votes in the election that was scheduled to be held on 26.10.2025. 3. As per the interim order passed by this Court dated 25.10.2025, the petitioners were permitted to cast votes in the election subject to the final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. Accordingly, the petitioners are said to have cast votes in the election that was held on 26.10.2025. 4. Since the petitioners are challenging Annexure-A, they will have the alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, (for short, 'the KCS Act') before the appropriate authority raising dispute. Under such circumstances, I do not find any reason to entertain the petition. 5. Hence, the petition is disposed off , reserving liberty to the petitioners to raise dispute under Section 70 of the KCS Act, if they are advised to do so, within a period ten days from the date of receipt of copy of the order. The Returning Officer-respondent No.4 is directed to declare the election result without counting the votes cast by the petitioners.