This court disposed of a writ petition challenging the constitutionality of specific sections of the Karnataka Cooperative Societies Act. The court held the petition to be subjudice as it was already covered by a previous order of this court dated 13.03.2020 relating to identical or connected matters.
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 DHARWAD BENCH
DATED THIS THE 04th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.148369/2020 (CS-EL/M)
BETWEEN:
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Tq & Dist: Bagalokot-587102 Membership No.46 (Sl.No. 16 in ineligible Voter List)
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Membership No.174 (Sl.No. 60 in ineligible Voter List)
Occ: Agriculture, R/o: Sokanadagi, Tq & Dist: Bagalokot-587104 Membership No.224 (Sl.No. 78 in ineligible Voter List)
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W/o.Sabanna Age: about 40 Years, Occ: Agriculture, R/o: Sokanadagi, Tq & Dist: Bagalokot-587104 Membership No.290 (Sl.No. 97 in ineligible Voter List)
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S/o.Hanamappa Age: about 65 Years, Occ: Agriculture, R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.112 (Sl.No. 39 in ineligible Voter List)
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Age: about 45 Years, Occ: Agriculture, R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.82 (Sl.No. 28 in ineligible Voter List)
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Occ: Agriculture, R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.118 (Sl.No. 41 in ineligible Voter List)
S/o.Bhirappa Age: about Major, Occ: Agriculture, R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.42 (Sl.No. 14 in ineligible Voter List)
S/o.Sagarappa Age: about Major, Occ: Agriculture, R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.400 (Sl.No. 130 in ineligible Voter List)
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R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.404 (Sl.No. 132 in ineligible Voter List)
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Tq & Dist: Bagalokot-587104 Membership No.420 (Sl.No. 138 in ineligible Voter List)
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Membership No.434 (Sl.No. 145 in ineligible Voter List)
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(Sl.No. 67 in ineligible Voter List) 61. Kariyappa Mutappa Savatagi S/o.Mutappa Age: about Major, Occ: Agriculture, R/o: Anadhinni, Tq & Dist: Bagalokot-587104 Membership No.6 (Sl.No. 2 in ineligible Voter List)
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W/o.Mudakappa Age: about Major, Occ: Agriculture, R/o: Govidakoppa, Tq & Dist: Bagalokot-587204 Membership No.342 (Sl.No. 111 in ineligible Voter List)
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Age: about Major, Occ: Agriculture, R/o: Govidakoppa, Tq & Dist: Bagalokot-587204 Membership No.358 (Sl.No. 116 in ineligible Voter List)
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Occ: Agriculture, R/o: Govidakoppa, Tq & Dist: Bagalokot-587204 Membership No.376 (Sl.No. 122 in ineligible Voter List)
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R/o: Govidakoppa, Tq & Dist: Bagalokot-587204 Membership No.386 (Sl.No. 127 in ineligible Voter List)
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Tq & Dist: Bagalokot-587204 Membership No.446 (Sl.No. 151 in ineligible Voter List)
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Membership No.460 (Sl.No. 156 in ineligible Voter List)
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(Sl.No. 161 in ineligible Voter List)
…..Petitioners
(BY SRI.VIDYASHANKAR G DALWAI, ADV.)
AND:
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Bengaluru – 560001.
(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1 & 3; SRI.HEMANTHKUMAR L. HAVARAGI, ADV. FOR R2, R4 & R5; R6 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT IS ULTRA VIRES AND LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the petitioner and learned counsel appearing for respondent Nos.2, 4 and 5 and Sri.Shivaprabhu S. Hiremath, learned Additional Government Advocate for respondent Nos.1 and 3 submitted that the above writ petition
is covered by a decision of this Court in Writ Petition Nos.204109-113/2018 and 204142-144/2018 and connected matters disposed of on 13.03.2020.
parties is placed on record.
Sd/JUDGE
Kgk
Colour shows how this judgement treated each authority
Writ Petition Nos.204109-113/2018 and 204142-144/2018 and connected mattersFollowed¶3
Shrishail Pandappa Dhorigol and others
State of Karnataka
Co Operative Election Authority
The Registrar of Co-operative Societies, Government of Karnataka
District Co operative Election Officer and Deputy Registrar of Co-operative Societies, Bagalkot
Returning Officer of Sri Danalakshmi Unneya Uttpadakar Sahakar sangha Niyamita
H.T.Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
