This order disposes of multiple writ petitions challenging the constitutional validity of Section 20(2)(a-iv) of the Karnataka Co-operative Societies Act and specific bye-laws regarding member attendance. The Court disposed of the petitions as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2020
BEFORE
THE HON’BLE MR.JUSTICE KRISHNA S.DIXIT
W.P.Nos.220519/2020 &
220978-221065/2020 (CS-EL/M)
Between:
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| 9. Sidaray Shivappa Sayigond Age: Major, Occ: Agriculture |
|---|
| 10. Mallappa Sangappa Bellikatti Age: Major, Occ: Agriculture |
| 11. Krishnappa Annappa Baragi Age: Major, Occ: Agriculture |
| 12. Govind Annappa Baragi Age: Major, Occ: Agriculture |
| 13. Sharadabayi Chandappa Bijapur Age: Major, Occ: Agriculture |
| 14.Sangappa Annappa Kotyal Age: Major, Occ: Agriculture |
| 15. Irappa Sivagond Biradar Age: Major, Occ: Agriculture |
| 16. Sharada Shrishail Kotyal Age: Major, Occ: Agriculture |
| 17. Mahadev Irappa Kambale Age: Major, Occ: Agriculture |
| 18. Siddappa Irappa Kambale Age: Major, Occ: Agriculture |
| 19. Sidaray Mahade Pakirappagol Age: Major, Occ: Agriculture |
| 20. Ailabayi Tanaji Sindhe Age: Major, Occ: Agriculture |
| 21. Dajiba Bajirav Sindhe |
| Age: Major, Occ: Agriculture |
3
| 22. Ashok Appasab Sindhe Age: Major, Occ: Agriculture |
|---|
| 23. Subash Ramachandra Nadagoud Age: Major, Occ: Agriculture |
| 24. Rajendra Gopal Kulakarni Age: Major, Occ: Agriculture |
| 25. Parappa Irappa Paramashetti Age: Major, Occ: Agriculture |
| 26. Ashok Mallappa Paramashetti Age: Major, Occ: Agriculture |
| 27. Siddappa Bhimappa Bellikatti Age: Major, Occ: Agriculture |
| 28. Malakappa Gurappa Simpi Age: Major, Occ: Agriculture |
| 29. Megha Gangadhar Mamadapur Age: Major, Occ: Agriculture |
| 30. Priti Ramesh Saidapur Age: Major, Occ: Agriculture |
| 31. Sharada Shivalingappa Aigali Age: Major, Occ: Agriculture |
| 32. Mahesh Gurappa Mali Age: Major, Occ: Agriculture |
| 33. Sanjeev Bhimappa Athani Age: Major, Occ: Agriculture |
| 34. Shrishail Havappa Mamadapur Age: Major, Occ: Agriculture |
4
5
| 48. Gouravva Laxman Gunadal Age: Major, Occ: Agriculture |
|---|
| 49. Surekha Veerabadra Jirli Age: Major, Occ: Agriculture |
| 50. Geetabayi Ravindra Kulakarni Age: Major, Occ: Agriculture |
| 51. Bairappa Shivappa Chikkalaki Age: Major, Occ: Agriculture |
| 52. Annapurna Mallikarjun Balagali Age: Major, Occ: Agriculture |
| 53. Ashok Mahadev Navani Age: Major, Occ: Agriculture |
| 54. Roopa Shrishail Mamadapur Age: Major, Occ: Agriculture |
| 55. Anasuya Mallappa Saidapur Age: Major, Occ: Agriculture |
| 56. Shantabayi Irappa Babaleshwar Age: Major, Occ: Agriculture |
| 57. Neelamma Ishwar Jirli Age: Major, Occ: Agriculture |
| 58. Sambaji Jotiba Nikkam Age: Major, Occ: Agriculture |
| 59. Jayashree Sambaji Nikkam Age: Major, Occ: Agriculture |
| 60. Jeejabayi Pralhad Gorpade |
| Age: Major, Occ: Agriculture |
6
| 61. Shrishail Shivappa Subanappagol Age: Major, Occ: Agriculture |
|---|
| 62. Hanamant Gopal Dasar Age: Major, Occ: Agriculture |
| 63. Rukmavva Bhimappa Dasar Age: Major, Occ: Agriculture |
| 64. Raju Shivappa Vaddar Age: Major, Occ: Agriculture |
| 65. Ramesh Balakrishna Sonar Age: Major, Occ: Agriculture |
| 66. Shekhappa Ramappa Bellakki Age: Major, Occ: Agriculture |
| 67. Saidu Govind Savant Age: Major, Occ: Agriculture |
| 68. Hanamant Vishnu Badiger Age: Major, Occ: Agriculture |
| 69. Paigambar Bashasab Kamate Age: Major, Occ: Agriculture |
| 70. Basappa Sabu Gothe Age: Major, Occ: Agriculture |
| 71. Shrishail Nagappa Mali Age: Major, Occ: Agriculture |
| 72. Shivappa Nathappa Natikar Age: Major, Occ: Agriculture |
| 73. Mahadev Jinnappa Nej |
| Age: Major, Occ: Agriculture |
7
| 74. Chandu Annappa Shapur Age: Major, Occ: Agriculture |
|---|
| 75. Basappa Tippanna Mali Age: Major, Occ: Agriculture |
| 76. Sahadev Bapu Sindhe Age: Major, Occ: Agriculture |
| 77. Kasavva Kenchappa Kanamadi Age: Major, Occ: Agriculture |
| 78. Parasappa Shankar Baramannagol Age: Major, Occ: Agriculture |
| 79. Sharanappa Ramappa Gunadal Age: Major, Occ: Agriculture |
| 80. Gajanand Prabu Magadum Age: Major, Occ: Agriculture |
| 81. Ishwar Ravat Nagathan Age: Major, Occ: Agriculture |
| 82. Ramappa Tippanna Mali Age: Major, Occ: Agriculture |
| 83. Tippanna Gurupad Mali Age: Major, Occ: Agriculture |
| 84. Basappa Ramanna Baramannagol Age: Major, Occ: Agriculture |
| 85. Ashok Dasharat Salappagol Age: Major, Occ: Agriculture |
| 86. Bangarevva Sidaray Gunadal Age: Major, Occ: Agriculture |
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… Petitioners
(By Sri Sachin M. Mahajan, Advocate)
And:
9
Higher Primary Boys School, Nidoni Tq. Babaleshwar Dist. Vijayapur-586113
… Respondents
(By Sri Shivakumar R. Tengli, AGA for R1 to R3)
These Writ Petitions are filed under Article 226 of the Constitution of India, praying to declare that Section 20(2) (a-iv) of the Karnataka Co-operative Societies Act, 1959, as inserted by Section 12 of Karnataka Act No.03/2013 published in the Gazette on 11.01.2013, is ultra vires and lacks legislative competency in view of Article 243 and 243 ZO of the Constitution of India and to quash Annexure-A insofar as it relates to Bye-Law 18 clause 10(D), viz., the condition requiring the members to attend three out of five general body meetings of the respondent No.5 Co-operative Society and etc.
These petitions coming on for Orders this day, the Court made the following:-
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ORDER
These petitions are disposed off as having become
infructuous in terms of memo, grounds and remedies if otherwise available in law having been reserved.
Sd/JUDGE
NB*
Sadashiv Dundappa Reddy and others
State of Karnataka
The Deputy Registrar The Co-operative Societies Vijayapur
Prathamika Krushi Pattina Sahakari Sangha Niyamita, Nidoni
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
