Partly allowed

Prathamik Krishi Pattin v. the Government of Karnataka

Karnataka HC14 Jun 2021WP/148614/2020

Case brief

AI extract

What is this about?

Petitioners challenged the validity of a specific section of the Karnataka Co-Operative Societies Act and a voters list. The Court declined to express an opinion on the merits of the constitutional challenge but directed the Joint Registrar to consider the petitioners' representation for elections.

What did the court decide?

Respondent No.4 directed to consider the petitioners' representation dated 19/22.10.2020 expeditiously as per law; prayers (i) and (ii) disposed of by reference to earlier orders.

Prathamik Krishi Pattin Vs the Government of Karnataka — Election Law | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^th DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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WRIT PETITION No.148614/2020 (CS-EL/M)

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BETWEEN :

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1 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA AGALAKERA, TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.MANJUNATH S/O TIRUPATEPPA KANAKAGRI, AGE 45 YEARS, OCC PRESIDENT, R/O AGALAKERA, TQ/DIST KOPPAL-583231. 2 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA, IRAKALGAD TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.SANGANAGOUDA S/O BASANAGOUDA PATIL, AGE 49 YEARS, OCC PRESIDENT, R/O YALAMAGERI, TQ/DIST KOPPAL-583231. 3 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA, KINNAL TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.K.MALLIKARJUNA S/O K. BHIMANNA KURUBAR, AGE 43 YEARS, OCC PRESIDENT, R/O KINNAL, TQ/DIST KOPPAL-583231. 4 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA KOPPAL, TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.RAJASHEKHARGOUDA S/O MARIGOUDA ADUR AGE 47 YEARS, OCC PRESIDENT, R/O KOPPAL, TQ/DIST KOPPAL-583231.

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5 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA GINIGERA, TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.GUDANEPPA S/O KADAPPA HOSUR AGE 42 YEARS, OCC PRESIDENT, R/O GINIGERA, TQ/DIST KOPPAL-583231. 6 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA , BUDAGUMPA, TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.SEEMANNA S/O INDRAPPA GABBUR, AGE 34 YEARS, OCC PRESIDENT, R/O BUDAGUMPA, TQ/DIST KOPPAL-583231. 7 . PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA MUDDABALLI TQ/DIST KOPPAL, REPRESENTED BY ITS PRESIDENT, SHRI.PAMPANNA S/O BASAVAREDDEPPA HALLIGUDI, AGE 58 YEARS, OCC PRESIDENT, R/O MUDDABALLI, TQ/DIST KOPPAL-583231.

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PRATHAMIK KRISHI PATTIN SAHAKAR SANGHA SHIVAPUR, TQ/DIST. KOPPAL, REPRESENTED BY ITS PRESIDENT SRI K. RAMRAO, S/O K. SUBBARAO AGE 47 YEARS, OCC: PRESIDENT R/O SHIVAPUR, TQ. AND DIST. KOPPAL 583 231 .. PETITIONERS (BY SRI.SHRIHARSH A. NEELOPANT AND SRI. AVINASH MALIPATIL, ADVS.) AND :

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1 . THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS THE SPECIAL ADMINISTRATIVE OFFICER, JOINT SECRETARY TO THE DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

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2 . THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

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NO.1, ALI ASKAR ROAD, BENGALURU-560052.

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3 . THE ELECTION COMMISSIONER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KALABURGI DIVISION, RAICHUR. 4 . THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KALBURGI DIVISION, RAICHUR-584101. 5 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES KOPPAL, KOPPAL-583231. 6 . THE KOPPAL TALUKA AGRICULTURAL PRODUCE MARKETING COMMITTEES CO-OPERATIVE SOCIETY LIMITED, REP. BY ITS MANAGER, KOPPAL-583231, DIST KOPPAL.

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.. RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESPONDENT NOS.1, 2, 4 AND 5. SRI. HEMANTHKUMAR L. HAVARAGI, ADV. FOR R3 RESPONDENT NO.6 SERVED.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SEC.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 243ZO OF THE CONSTITUTION OF INDIA. II.ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING ANNEXURE-A VIZ., THE INELIGIBLE VOTERS LIST PUBLISHED BY THE RESPONDENT NO.6 IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED IN THE SAID ANNEXURE-A. III.ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE RESPONDENTS NO.1 TO 6 TO HOLD ELECTIONS FOR THE BOARD DIRECTORS OF 6TH RESPONDENT SOCIETY UNDER A CATEGORY MEMBERS BY PERMITTING THE PETITIONERS TO CAST THEIR VOTES AND ALSO BY CONSIDERING THE REPRESENTATION OF THE PETITIONERS DATED 19/22.10.2020 AS PER ANNEXURE-D.

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

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ORDER

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In this writ petition, the petitioner has sought the following relief:

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(i) Declare that Sec.20(2) (a-iv) of the Karnataka CoOperative 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 243zo of the Constitution Of India.

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(ii) Issue a writ, order or direction in nature of certiorari quashing Annexure-A viz., the ineligible voters list published by the respondent No.6 in so far as the petitioners herein are concerned in the said Annexure-A.

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(iii) Issue a writ in the nature of mandamus or any other writ or order in the like nature directing the respondents no.1 to 6 to hold elections for the board directors of 6th respondent society under “A” category members by permitting the petitioners to cast their votes and also by considering the representation of the petitioners dated 19/22.10.2020 as per “

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In respect of prayer (i) and (ii) is concerned, the petition is covered by the decision of this Court in Writ Petition Nos.204109-113/2018 and 204142-144/2018 and connected matters disposed of on 13.03.2020.

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Insofar as prayer (iii) is concerned, the petitioner

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has sought for a mandamus seeking direction to the

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respondent to consider his representation dated

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19/22.10.2020 as per Annexure-D.

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At the outset, learned Additional Government

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Advocate has submitted that Annexure-D representation will be considered in accordance with law.

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In view of the above submission, without expressing any opinion on the merits of the case, respondent No.4 is directed to consider the representation of the petitioner dated 19/22.10.2020 vide Annexure-D as expeditiously as possible and in accordance with law. In respect of prayer Nos.(i) and (ii) is concerned, the writ petition is disposed of in terms of the order passed by this Court in Writ Petition Nos.204109-113/2018 and 204142144/2018 and connected matters disposed of on 13.03.2020.

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With the aforesaid observation, the petition stands disposed of.

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Sd/JUDGE

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kmv

Prathamik Krishi Pattin v. the Government of Karnataka

Case brief

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Prathamik Krishi Pattin v. the Government of Karnataka

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