Disposed

Kallappa S/O Avvanna @ Appanna Pujannavar v. the State of Karnataka

Karnataka HC27 Feb 2020WP/115096/2020

Case brief

AI extract

What is this about?

Petitioners challenged validity of Act Sections deleting their names from voters list due to non-attendance at AGM. Court held deletion invalid as no notice was served under rules. Case disposed as petitioners participated in election under interim order.

What did the court decide?

Petitioners held not deleted from eligible voters list as notice not served under Rule 14-AJ. Petitions disposed without examining validity of Act.

Kallappa S/O Avvanna @ Appanna… — Constitutional and Fundamental Rights | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF FEBRUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NOS.115096/2020

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& 117753-7789/2020 (CS/EL/M)

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BETWEEN:

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KALLAPPA S/O: AVVANNA@APPANNA

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PUJANNAVAR AGE: 55 YEARS, OCC:AGRICULTURE R/O: MUNNDAGNUR, TQ: BILAGI , DIST: BGALKOT SL NO. 35

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SAHEBLAL S/O: RAJESAB NADAF AGE: 70 YEARS, OCC:AGRICULTURE R/O: MUNNDAGNUR, TQ: BILAGI , DIST: BGALKOT SL NO. 31

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MALLAPPA S/O: SATTYAPPA HUDDAR AGE: 50 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 89

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OMKAREPPA S/O: MUDAKAPPA MALALI AGE: 45 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 94

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VITTAL S/O: KALLAPPA MALALI AGE: 60 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 104 6. MALAPPA S/O: KALLAPPA MALALI AGE: 52 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 105 7. HANAMANT S/O: KRISNAPPA PUJARI AGE: 56 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT SL NO. 244 8. PANDITAPPA S/O: VENKATEPPA AMALJERI AGE: 73 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT SL NO. 235 9. SHRIMANT S/O: TIMAPPA KALAPPANNAVAR AGE: 77 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT SL NO. 231 10. BHIMAPPA S/O: VENKATEPPA CHANAL AGE: 55 YEARS, OCC:AGRICULTURE R/O: LINGANUR, TQ: BILAGI , DIST: BGALKOT SL NO. 211 11. SIDDAPPA S/O: RAMAPPA SOMAREDDI AGE: 55 YEARS, OCC:AGRICULTURE R/O: LINGANUR, TQ: BILAGI , DIST: BGALKOT SL NO. 202 12. MALLAPPA S/O: GIRIYAPPA KANTI AGE: 64 YEARS, OCC:AGRICULTURE

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R/O: MUNDAGNUR, TQ: BUDNI , DIST: BGALKOT SL NO. 219

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1. SHIVAPPA S/O: SANGAPPA TIPAREDDI AGE: 68 YEARS, OCC:AGRICULTURE R/O: MUNDAGNUR, TQ: KOLUR , DIST: BGALKOT SL NO. 67

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1. SHANMUK S/O: BASAPPA PUJARI AGE: 55 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 57

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1. SHANKAREPPA S/O: HANAMANT PATIL AGE: 50 YEARS, OCC:AGRICULTURE R/O: CHIKKHANCHYAL, TQ: BILAGI , DIST: BGALKOT SL NO. 152

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1. SUNDARAVVA W/O: LAXAMAPPA JAINAPUR AGE: 45 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT SL NO. 241

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1. SHANTAVVA S/O: LAKKAPPA WALIKAR AGE: 56 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT SL NO. 243

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1. ASHOK S/O: IRAPPA GUNGADI AGE: 60 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT SL NO. 246

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1. HANAMANT S/O: VENKAPPA UPPARA AGE: 58 YEARS, OCC:AGRICULTURE R/O: RABAKAVI, TQ: BILAGI , DIST: BGALKOT

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SL NO. 247 20. PANDAPPA S/O: BHIMAPPA RAGHA AGE: 52 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 55 21. DASAGIRSAB S/O: AMINAB GALAGALI AGE: 58 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 61 22. GOVINADAPPA S/O: ADIYAPPA ANTAPUR AGE: 45 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 62 23. VASANT S/O: HANAMANT KURABET AGE: 56 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 97 24. GAIBISAB S/O: BADASHA MULLA AGE: 47 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 99 25. GULASHANBI S/O: HUSHENSAB GALGALI AGE: 58 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 106 26. SURESH S/O: GOVINDAPPA JAMBAGI AGE: 49 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 117 27. MASHABI W/O: NABISAB GALGALI

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AGE: 61 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 118 28. SANGAPPA S/O: AKANDHAPPA TIPAREDDI AGE: 52 YEARS, OCC:AGRICULTURE R/O: KOLUR, TQ: BILAGI , DIST: BGALKOT SL NO. 119 29. BASAPPA S/O: CHIKKAPPA BIRADHAR AGE: 60 YEARS, OCC:AGRICULTURE R/O: CHIKKHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 120 30. LAXMAVVA W/O: HANAMANTAPPA KUDHARI AGE: 46 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 131 31. KRISHANAPPA S/O: CHANNAPPA BIRADHAR AGE: 50 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 150 32. HONNALINGAPPA S/O: SHANMUKAPPA KASAR AGE: 58 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 160 33. SIDDALINGAPPA S/O: SHANAMUKAPPA KASAR AGE: 49 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 161 34. RACHANNA S/O: SHANMUKAPPA KASAR AGE: 60 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL,

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TQ: BILAGI , DIST: BGALKOT SL NO. 162 35. ANNAPURNA W/O: SHANMUKAPPA KASAR AGE: 58 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 163 36. KALLAPPA S/O: BALLENEPPA WADIYAR AGE: 42 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 169 37. YAMANAPPA S/O: SHIVARUDRAPPA BIRADHAR AGE: 59 YEARS, OCC:AGRICULTURE R/O: CHIKKAHANCHINAL, TQ: BILAGI , DIST: BGALKOT SL NO. 177 38. RAJESAB S/O: SAHEBLAL NADAF AGE: 58 YEARS, OCC:AGRICULTURE R/O: MUNNADAGNUR, TQ: BILAGI , DIST: BGALKOT SL NO. 30 … PETITIONERS (BY SRI.SHIVARAJ P MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO- OPERATION MS BUILDING BENGALURU 01 2. THE STATE CO- OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, A BLOCK SHANTI NAGAR, TTMCBUILDING BENGALURU – 560002 3. THE DISTRICT CO-OPERATIVE ELECTION OFFICER

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AND DEPUTY REGISTRAR OF CO- OPRATIVE SOCIETIES BAGALKOT.

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THE RETURNING OFICER BILAGI TALUKA PRIMARY CO- OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NIYAMIT BILAGI TALUK: BILAGI, DIST: BAGALKOT

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BILAGI TALUKA PRIMARY CO- OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NIYAMIT BILAGI TALUK: BILAGI, DIST: BAGALKOT. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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… RESPONDENTS

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(BY SRI.SHIVAPRABHU S HIREMATH, AGA FOR R1, SRI.HEMANTHKUMAR L HAVARAGI, ADV. FOR R2 TO R4, R5 IS SERVED BUT UNREPRESENTED)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 29(2) (A-IV) (A-V) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRUS AND LEGISLATIVE COMPETENCE AND OPPOSED TO ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC..

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THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In these writ petitions, the petitioners have challenged the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act’) as ultra vires and also violative of Articles 243ZI and 243ZO of the Constitution of India and for a writ of mandamus directing the respondents to permit the petitioners to participate in the election without applying the provision of Section 20(2)(a-iv) and (a-v) of the Act.

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This Court by interim order dated 17.01.2020 permitted the petitioners to vote in the election of the respondent-Society without reference to Section 20(2)(a-iv) and (a-v) of the Act, if they are otherwise eligible to cast their votes, subject to the result of these writ petitions.

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Learned counsel appearing for the

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petitioners submits that the petitioners voted in the election in pursuance to interim direction of this Court.

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Learned counsel for the petitioners submits that the petitioners are not pressing the prayer challenging the constitutional validity of Section 20(2)(a-iv) and (a-v) of the Act and that the writ petitions could be disposed of on the ground that the respondent-Society could not have applied the provision of Section 20(2)(a-iv) and (a-v) of the Act to the petitioners or to delete the petitioners’ name from the eligible voters’ list. It is also contended that the petitioners have not received the notice of Annual General Body Meeting as required under Rule 14-AJ of the Karnataka Co-operative Societies Rules, 1960 (for short, ‘Rules, 1960). Rule 14AJ(2) of the Rules 1960 reads as follows:

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“14-AJ(2).- The Chief Executive, after the board decides the date and time of the general meeting to be convened, shall convene the annual general meeting by giving a notice of at least fifteen clear days as specified in the bye-laws. However, in the case of exigency, a special general meeting may be convened by giving a notice of at least

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ten clear days in writing. The notice may be sent in the following modes, namely.-

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(a) by ordinary post; or [by bulk post; or by courier]

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(b) by e-mail; or

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(c) by local delivery under proper acknowledgement; and

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(d) by publication in the newspaper having wide circulation in the area of operation.”

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The above Rule contemplates, giving of 15

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days clear notice of annual general meeting and same shall be sent by the modes mentioned therein including ordinary post. The respondent-Society even though served with Court notice has remained unrepresented.

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The Society has not come forward to deny or controvert the contention of the petitioners that they have not been served with the notice of annual general meeting of the respondent-Society. If the petitioners were not served with the notice of the annual general meeting of the Society as required under Rule 14-AJ of the Rules 1960,

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one cannot expect the petitioners to attend the annual general meeting of the Society. Hence, only on the ground that the petitioners have not attended three consecutive annual general meeting, the respondentSociety could not have deleted the names of the petitioners from the eligible voters’ list as they have not been served with notice of annual general meeting. Prima facie, principles of natural justice not having been followed, I hold that the petitioners could not have been deleted from the eligible voters’ list on the ground that they have not attended three consecutive annual general meeting of the respondent-Society in the absence of service of notice of the annual general meeting of the Society. Presently, as the petitioners have exercised their franchise in the election held to the Society in pursuance to the interim order and the petitioners have not pressed the prayer-A with regard to validity of Section 20(2)(a-iv) and (a-v) of the Act, the writ petitions would no more survive for consideration.

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In the peculiar facts and circumstances of the present case, the writ petitions are disposed as above without examining the validity of the above stated provision.

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Sd/JUDGE

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Kallappa S/O Avvanna @ Appanna Pujannavar v. the State of Karnataka

Case brief

What is this about?

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Kallappa S/O Avvanna @ Appanna Pujannavar v. the State of Karnataka

Case brief

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What did the court decide?

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