Writ petition challenging a Co-operative Societies Act provision as ultra vires the Constitution was dismissed as infructuous because elections had already been conducted by the time the petition came up for orders.
Petition dismissed as infructuous based on the cessation of the subject matter (elections held).
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1372 OF 2020 (CS-EL/M)
BETWEEN :
52 YEARS, R/AT BASARALU VILLAGE, MANDYA TALUK AND DISTRICT
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R/AT BASARALU VILLALGE MANDYA TALUK & DIST
| 7 . | SRI CHANNEGOWDA S/O HONNEGOWDA, AGED ABOUT 42 YEARS, R/AT HULLAHALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. |
|---|---|
| 8 . | SRI NINGEGOWDA S/O KULLEGOWDA, AGED ABOUT 60 YEARS, R/AT BENNAHATTII VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. |
| 9 . | SMT ANNAPURNA W/O MURULIDHAR, AGED ABOUT 62 YEARS, R/AT BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. |
| 10 . | SRI K RAJASHEKAR S/O K KANAKEGOWDA, AGED ABOUT 51 YEARS, R/AT HULLAHALLI VILLAGE, BASARALU HOBLI,MANDYA TALUK AND DISTRICT. |
| 11 . | SMT KAMALAMMA W/O KRISHNASHETTY, AGED ABOUT 49 YEARS, R/AT BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. |
| 12 . | SRI SHIVANANJAPPA S/O RUDRAPPA, AGED ABOUT 60 YEARS, R/AT BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. |
| 13 . | SRI H K PRABHAKAR S/O K KARIYAPPA, AGED ABOUT 51 YEARS, R/AT BESTARA KOPPALU VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. |
| 14 . | SRI MARISIDDEGOWDA S/O KULLEGOWDA, AGED ABOUT 46 YEARS, R/AT BENNAHATTI VILLAGE, BASARALU |
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HOBLI, MANDYA TALUK AND DISTRICT.
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W/O KRISHNEGOWDA, AGED ABOUT 53 YEARS, R/AT BENNAHATTI VILLAGE, BASARALU VILLAGE, MANDYA TALUK AND DISTRICT.
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AGED ABOUT 58 YEARS, R/AT BENNAHATTI VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. 31 . SRI M H CHANDRASHEKAR S/O HUCCHEGOWDA @ PILLEGOWDA, AGED ABOUT 50 YEARS, R/AT MUDDIGOWDANA KOPPALU VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. 32 . SMT NINGAMMA W/O KALEGOWDAY, AGED ABOUT 58 YEARS, R/AT BASARALU VILLAGE,, MANDYA TALUK AND DISTRICT. 33 . SRI SHIVARAMU S/O HONNEGOWDA, AGED ABOUT 52 YEARS, R/A, BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. 34 . SRI B R THONTESH S/O B J RUDRAPPA, AGED ABOUT 57 YEARS, R/A, BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. 35 . SRI B N NANJUNDASWAMY S/O B V NANJAPPA, AGED ABOUT 55 YEARS, R/A, BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. 36 . SRI VINOD M S S/O SHIVALINGEGOWDA, AGED ABOUT 29 YEARS, R/A, M G KOPPALU VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. 37 . SRI KEMPEGOWDA S/O MARIGOWDA, AGED ABOUT 50 YEARS, R/A, S B HALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT. 38 . SRI KULLA MANCHAIAH S/O HONNAIAHAGED ABOUT 45 YEARS,
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R/A, BASARALU VILLAGE, MANDYA TALUK AND DISTRICT.
39 . SRI GURUPRASAD S/O GURUPPA, AGED ABOUT 49 YEARS, R/A, BASARALU VILLAGE, MANDYA TALUK AND DISTRICT. 40 . SRI DEVEGOWDA S/O CHANNEGOWDA, AGED ABOUT 58 YEARS, R/AT S B HALLI VILLAGE,, BASARALU HOBLI, MANDYA TALUK AND DISTRICT …PETITIONERS
(BY SHRI.B. RAVINDRA PRASAD, ADVOCATE)
AND :
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BASARALU VILLAGE, MANDYA TALUK AND DIST – 571 446
(BY SMT. NILOUFER AKBAR, AGA FOR R1 & R3; SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2) (a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,1959 IS ULTRA VIRES THE CONSTITUTION OF INDIA AND ETC.,.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri B.Ravindra Prasad, learned advocate for the petitioners, Smt.Niloufer Akbar, learned AGA for the State and Shri G.V.Shashikumar, learned advocate for respondent No.2.
Once received, memo shall be kept in record.
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become infructuous.
Sd/-
JUDGE
Yn
BharATHI W/O S M SUDRESH and others
The State of Karnataka
The Co-operative Election Authority
The Deputy Registrar of Co-operative Societies Mandya
Basaralu Primary Agricultural Credit Co-operative Society Ltd.
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
