Karnataka High Court
Smt K Prithvi vs The State Of Karnataka on 2 December, 2025
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NC: 2025:KHC:50172
WP No. 34766 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
WRIT PETITION NO. 34766 OF 2025 (CS-EL/M)
BETWEEN:
SMT. K. PRITHVI,
D/O M.G. KRISHNA,
AGED ABOUT 28 YEARS
HANUGOVINDANA NILAYA
HOUSE, MARENAYKANAHALLI
VILLAGE, NEGALALA POST,
KORATAGERE TALUK,
TUMAKURU DISTRICT - 572138
...PETITIONER
(BY SRI. RAGHAVENDRA A.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHAN SOUDHA,
BENGALURU - 560 001.
Digitally signed by
PRASHANTH N V
Location: High 2. THE DEPUTY COMMISSIONER
Court of
Karnataka DAKSHINA KANNADA
KARNATAKA 575 008
3. THE CENTRAL ARECANUT AND
COCOA MARKETING AND
PROCESSING CO-OPERATIVE LIMITED
(CAMPCO), R/O VARANASHI TOWERS,
MISSION STREET, MANGALURU-575001
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 & 2
SRI. K. RAVISHANKAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANY
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NC: 2025:KHC:50172
WP No. 34766 of 2025
HC-KAR
RESOLUTION, CIRCULAR, OR INTERNAL DECISION OF THE
RESPONDENT SOCIETY THAT RESTRICTS THE VOTING RIGHTS OF
VALIDLY REGISTERED MEMBERS, LIKE THE PETITIONER, BASED ON
NON-ATTENDANCE AT THE ANNUAL GENERAL BODY MEETING. AND
2. A WRIT OF MANDAMUS DIRECTING THE RETURNING OFFICER
AND/OR THE COOPERATIVE ELECTION AUTHORITY TO PERMIT THE
PETITIONER (MEMBERSHIP NO. C16533) AND ALL SIMILARLY
SITUATED C-CLASS MEMBERS HOLDING VALID PHOTO ID CARDS TO
EXERCISE THEIR FRANCHISE IN THE ELECTION SCHEDULED FOR
NOVEMBER 23, 2025. AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
The petitioner has approached this Court seeking issuance of writ in the nature of certiorari to quash any Resolution, Circular or internal decision of respondent - Society that restricts the voting rights of the members based on non- attendance at the Annual General Body Meeting and to issue writ of mandamus directing the Returning Officer or the Co- operative Election Authority to permit the petitioner and all similarly situated C-Class members holding valid photo ID cards to exercise their franchise in the election that is scheduled to be held on 23.11.2025.
2. Heard Sri. Raghavendra AS, learned counsel for the petitioner, Sri. Yogesh D Naik, learned Additional Government -3- NC: 2025:KHC:50172 WP No. 34766 of 2025 HC-KAR Advocate for respondent Nos.1 and 2, Sri. K Ravishankar, learned counsel for respondent No.3. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioner has made out any grounds to allow the petition?"
My answer to the above point is in the 'Negative' for the following:
REASONS
4. The petitioner is one of the members of respondent No.3 - Society. It is stated that the petitioner and others who have not attended the required number of Annual General Body Meeting were treated as ineligible to cast their vote in the election that was scheduled to be held on 23.11.2025.
5. It is the contention of learned counsel for the petitioner that, even though the petitioner has not attended the General Body Meeting as required, she is an active member of the Society. Therefore, issuance of any Resolution, Circular or -4- NC: 2025:KHC:50172 WP No. 34766 of 2025 HC-KAR internal decision restricting the petitioner voting right is not fair and proper.
6. Interestingly, learned counsel for the petitioner is seeking direction to the Returning Officer or Co-operative Election Authority to permit the petitioner to cast her vote in the election. Admittedly, the election is already held on 23.11.2025. Under such circumstances, the petition does not survive for consideration and the same has rendered infructuous. Accordingly, I answer the point in the 'Negative' and proceed to pass the following.
ORDER The petition is dismissed as the same is having rendered infructuous.
SD/-
(M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 10