Case Note & Summary
The petitioner, Jagadish Sarode S, filed a writ petition before the High Court of Karnataka at Bengaluru seeking a direction to the Returning Officer (Respondent No. 4) to consider his representation for declaration of results by declaring him as an elected candidate from the general constituency after the exclusion of a deceased candidate, Sri Harsha Y S. The petitioner was a candidate in the election for directors of the Mysore University Employees Housing Co-operative Society, which is registered under the Karnataka Cooperative Societies Act, 1959. The election was held, and results were declared. The petitioner contended that after the death of one candidate, he should be declared elected as he would have been within the first 9 elected directors. The respondents opposed the petition, arguing that the election process was completed and results declared, and the petitioner has an alternative remedy of filing an election petition under the Act. The Court, after hearing the parties, held that the election process having been completed and results declared, the writ petition is not maintainable as the petitioner has an efficacious alternative remedy of filing an election petition under the Karnataka Cooperative Societies Act, 1959. The Court dismissed the writ petition, leaving it open to the petitioner to avail the alternative remedy.
Headnote
A) Cooperative Law - Election Dispute - Maintainability of Writ Petition - Alternative Remedy - The petitioner sought a writ of mandamus to direct the Returning Officer to consider his representation for declaration of results by declaring him as an elected candidate after exclusion of a deceased candidate. The Court held that the election process having been completed and results declared, the petitioner has an alternative remedy of filing an election petition under the Karnataka Cooperative Societies Act, 1959, and the writ petition is not maintainable. (Paras 1-5) B) Cooperative Law - Election Process - Declaration of Results - Deceased Candidate - The petitioner claimed that after the death of one candidate, he should be declared elected as he would have been within the first 9 elected directors. The Court observed that the election process was already completed and results declared, and the petitioner's remedy lies in filing an election petition, not a writ petition. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to be declared as an elected candidate from the general constituency after the exclusion of a deceased candidate in the election of directors of a cooperative society, and whether the writ petition is maintainable in view of the alternative remedy available under the Karnataka Cooperative Societies Act, 1959.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to avail the alternative remedy of filing an election petition under the Karnataka Cooperative Societies Act, 1959.
Law Points
- Election dispute
- Cooperative societies
- Writ jurisdiction
- Alternative remedy
- Election petition
- Declaration of results
- Deceased candidate
- Exclusion of candidate
- Karnataka Cooperative Societies Act
- 1959
