Writ petition challenging Karnataka Co-operative Societies Act and election provisions rejected as infructuous because elections had already been conducted on 27.01.2020.
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 7TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR
WRIT PETITION NO.1512/2020 (CS – EL/M)
BETWEEN:
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
CHIKMAGALURU DIST - 577 139
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
3 . NAGESHAYYA M S R S/O SHESHAYYA K AGED ABOUT 72 YEARSR, MAKKI MANE VILLAGE, HALANDUU POST SRINGERI TQ CHIKKAMAGALURU DISTRICT - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
4 . SRINIVAS S/O SINGAIAH AGED ABOUT 45 YEARS, KORDKAL VILLAGE, MENASE POST SRINGERI TQ, CHIKMAGALURU DISTRICT - 577 139
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5 . VASUDEV RAO S/O SRINIVAS RAO, AGED ABOUT 50 YEARS, SHETTYN HALLI VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 6 . SWARNA RAMASHARMA W/O RAMASHARAMA AGED ABOUT 60 YEARS, KODUR VILLAGE HALANDU POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 7 . HIRIYANNAPPA S/O GANESHEYA AGED ABOUT 65 YEARS, HANDIGULI VILLAGE, HALANDU POST, SRINGERI TQ CHIKMAGAURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 8 . LILITHA W/O RAMEGOWDA, AGED ABOUT 50 YEARS, ANUGALA BYLE VILLAGE SRINGERI POST SRINGERI TQ CHIKKAMAGALURU DIST - 577 139 9 . VASANTHA S S/O SOORYANARAYANA RAO AGED ABOUT 40 YEARS, MARATE VILLAGE MASIGE POST SRINGERI TQ, CHIKMAGALURU - 577 139 10 . KESHAVAMOORTHY M V S/O VENKATAIAH, AGED ABOUT 55 YEARS, MADALA KODIGE VILLAGE MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 11 . NARASIM MOORTY K S S/O SRINIVAS RAO AGED ABOUT 20 YEARS,
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KODUR VILLAGE HALANDURU POST SRINGERI TQ CHIKMAGALURU DISTRICT - 577 139
12 . SHRUNGESHVAR RAO S/O NARSIM MOORTHY AGED ABOUT 80 YEARS, KORDKAL VILLAGE, MASIGE POST, SRINGERI TQ CHIKMAGALURU DISTRICT - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
13 . SHESHAMMA W/O SHRUNGESHVARA RAO AGED ABOUT 70 YEARS, KORDKAL VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 14 . NARSIM MOORTHY S/O SHRUNGESHVAR RAO AGED ABOUT 50 YEARS, KORKAL VILLAGE MASIGE POST SRINGERI TQ CHIKMAGALURU DISTRICT - 577 139
15 . NAGENDRA M K
S/O KRUSHNAIAH AGED ABOUT 50 YEARS, BAGODU VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DISTRICT - 577 139
16 . VIJENDRA K V
S/O VEERAPPA GOWDA, AGED ABOUT 58 YEARS, KUMBAR GADDE VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
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17 . RAGHU M S/O MANJUNATHA AGED ABOUT 40 YEARS, MENASE VILLAGE SRINGERI POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 18 . RAVINDRA S/O MONAPPA SHETTY AGED ABOUT 50 YEARS, KOODIGE VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
19 . SUBRAMANYA K K S/O KRUSHNAMOORTHY AGED ABOUT 30 YEARS, KELAKOPPA VILLAGE MASIGE POST SRINGERI TQ CHIKMAGALURU DISTRICT - 577 139
20 . PARVATHI W/O MANJUNATHA AGED ABOUT 75 YEARS, MENASE VILLAGE SRINGERI POST SRINGERI TQ CHIKMAGALURU DISTRICT - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 21 . SUNITHA W/O RAVI AGED ABOUT 40 YEARS, MENASE VILLAGE, BHARATHINAGARA POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
22 . SUMA W/O MANJUNATHA AGED ABOUT 35 YEARS, MENASE SITE VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
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23 . JANAKI S/O GANESHA AGED ABOUT 50 YEARS, MENASE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 24 . VASUDEV RAO S/O SRINIVAS RAO AGED ABOUT 50 YEARS, SHETTYN HALLI VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 25 . PARVATHI S/O SRINIVAS AGED ABOUT 50 YEARS, SHETTYN HALLI VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 26 . ASHA G S W/O RAMAPPA S B AGED ABOUT 40 YEARS, SHOONYA VILLAGE, MASIGE POST, SRINGERI TQ CHIKMAGALURU DIST - 577 139 27 . CHANDRAVATHI W/O UMESHA RAO P M AGED ABOUT 40 YEARS, PADUBYL VILLAGE, MASIGE POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 28 . NANDINI W/O NAGENDRA AGED ABOUT 33 YEARS, SHOONYA VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
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29 . VAANI W/O SRINIVAS K N AGED ABOUT 33 YEARS, KODAGINA MAKKI VILLAGE, HALANDUU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
30 . GEETHA W/O BBABHU AGED ABOUT 48 YEARS, SHETTYN HALLI VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
31 . GOPAL BHAT V N S/O NARSIM BHAT AGED ABOUT 88 YEARS, KORKAL VILLAGE, MENASE POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
32 . SRIKANTA BHAT S/O KRUSHNA BHAT AGED ABOUT 78 YEARS, ANUGULA BYLE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
33 . KRUSHNAYYA S
S/O SHESHAYYA K AGED ABOUT 40 YEARS, BAGODU VILLAGE HALANDU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
34 . MAHADEV BHAT V N S/O NARASHIMMA BHAT AGED ABOUT 68 YEARS, KORDAKALLU VILLAGE MENASE POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
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35 . ANNAPPA K G S/O GOPAL KIRKODU AGED ABOUT 30 YEARS, KIRKODU VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 36 . KRISHNAMOORTHY M V S/O VISHVANATHAIAH AGED ABOUT 45 YEARS, MOULY VILLAGE, KUNTHUR POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 37 . SUBRAYA K S S/O SHESHAGIRIYAPPA AGED ABOUT 45 YEARS, KIRKODU VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 38 . NATESHEKAR V R S/O RAMAKRUSHNA BHAT AGED ABOUT 45 YEARS, MENASE VILLAGE, MENASE POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 39 . SHARADA RAO W/O SURESH RAO H N AGED ABOUT 55 YEARS, HANKODU VILLAGE MENASE POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 40 . NAGARATHNA W/O UMAKANTH AGED ABOUT 48 YEARS, KIRKODU VILLAGE, MASIGE POST SRINGERI TQ, CHIKMAGALURU DIST - 577 139 41 . SHANTHAMMA W/O SHANKRAPPA GOWDA AGED ABOUT 65 YEARS, MAGALU HALANDUU VILLAGE AND POST SRINGERI TQ
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CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
42 . YESHODA W/O RAMURTHY AGED ABOUT 52 YEAR, KALKATTE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
43 . ACHYUTHA RAO S/O GANESHAIAH AGED ABOUT 65 YEARS, MAGALU VILLAGE, HALANDURU POST SRINGERI TQ CHIKMAGALURU DIST - 577139 (BENFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
44 . VENKATESH BHAT S/O GANESH BHAT, AGED ABOUT 60 YEARS, KODURU VILLAGE, HALANDURU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
45 . RAVI B R
W/O RAMAKRUSHNA BHAT AGED ABOUT 52 YEARS, HANDE VILLAGE, MENASE POST SRINGERI TQ, CHIKMAGAURU DIST - 577 139
46 . SRINIVAS S/O APPANNA AGED ABOUT 60 YEARS, KORKAL VILLAGE MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 47 . VENKATESH BHAT H N S/O NAGABHUSHAN BHAT AGED ABOUT 65 YEARS,
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HALANDU VILLAGE HALANDURU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 48 . CHANDRAPPA K P S/O PUTTAYYA AGED ABOUT 55 YEARS, KRIKODU VILLAGE MASIGE POST SRINGERI TQ CHIKMAGALURU - 577 139 49 . MANJUNATHA K C S/O SINGAPAIAH AGED ABOUT 55 YEARS, KOODIGE VILLAGE MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 50 . PRADEEPA S B W/O BALAKRUSHNA RAO AGED ABOUT 40 YEARS, MENASE VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 51 . SUBBANNA RAO M L S/O LAKSHMI NARAYANA AGED ABOUT 50 YEARS, MENASE VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU - 577 139 52 . RAMA MOHANA S/O GOPAL KRUSHNA RAO AGED ABOUT 35 YEARS, SHETTY HALLI VILLAGE MASIGE POST SRINGERI TQ CHIKKMAGALURU DIST - 577 139 53 . SRINIVAS M S S/O SURESH RAO H N AGED ABOUT 55 YEARS,
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HANKODU VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 54 . CHIDANANDA B R S/O RAMAKRUSHNA BHAT HANDE AGED ABOUT 55 YEARS, KORDKAL VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 55 . UDAY KUMAR G S S/O SUBBA RAO AGED ABOUT 55 YEARS, RANJA THOTA VILLAGE, KUNCHEBYLE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 56 . NARSIMHA MOORTHY B R S/O RAMAYYA AGED ABOUT 55 YEARS, BAGODU VILLAGE, HALANDU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
57 . KRISHNA M S/O MANJUNATH AGED ABOUT 43 YEARS, KALKATTE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
58 . GIRIJA LAKSHMI W/O SHIVASHANKAR M L AGED ABOUT 40 YEARS MENASE SITE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 59 . PREMA S RAO W/O SEETHARAM BHAT AGED ABOUT 45 YEARS, KALKATTE VILLAGE, MENASE POST
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| SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
|---|
| 60 . SADHASHIVA S/O GOVINDA SHETTY AGED ABOUT 42 YEARS, MENASE VILLAGE AND POST SRINGERI TQ CHIKKMAGALURU DIST - 577 139 |
| 61 . MANJUNATH |
| S/O DUGAPPA GOWDA AGED ABOUT 40 YEARS, |
| KALKATTE VILLAGE, MENASE POST |
| SRINGERI TQ, CHIKMAGALURU DIST - 577 139 |
| 62 . SUKANYA |
| S/O RAJU SHETTY |
| AGED ABOUT 30 YEARS, MENASE SITE SRINGERI POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 63 . LINGAPPA S/O SEENA AGED ABOUT 32 YEARS |
| KORDKAL VILLAGE MENASE POST |
| SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 64 . VAMANA MOORTHY S/O GANESHAYYA AGED ABOUT 50 YEARS, KALKATTE VILLAGE SRINGERI POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 65 . NAGARAJ |
| S/O RAMAYYA |
| AGED ABOUT 40 YEARS, |
| KALKATTE VILLAGE MENASE POST |
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| SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
|---|
| 66 . GANESH SHETTY S/O SEETHARAM SHETTY AGED ABOUT 30 YEARS, MENASE VILLAGE AND POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 67 . DEVENDRA S/O NARAYANA AGED ABOUT 40 YEARS, MENASE VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 68 . KRISHNA M S/O MANJUNATHA AGED ABOUT 43 YEARS, KALKATTE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 69 . RAGAVENRA D S/O JOGAPPA ACHAR AGED ABOUT 43 YEARS, MENASE SITE VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 70 . PREMA N HEDGE W/O PRAVEEN SHETTY AGED ABOUT 30 YEARS, MENASE VILLAGE SRINGERI POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 |
| 71 . SHIVARAM S G S/O GOPALA AGED ABOUT 50 YEARS, MENASE VILLAGE, SRINGERI POST |
| SRINGERI TQ |
| CHIKMAGALURU DIST - 577 139 |
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72 . MANJUNATH S/O SUDIYANNA AGED ABOUT 43 YEARS, MENASE VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
73 . NAGAVENI W/O NAGENDRA AGED ABOUT 43 YEARS, KALKATTE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
74 . SUNANDA W/O SRINIVAS AGED ABOUT 43 YEARS, KANUVALLI VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
75 . SAROJA W/O KUMARA AGED ABOUT 40 YEARS, KODUR VILLAGE, MASIGE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
76 . SHASHIKALA W/O ANANDA AGED ABOUT 38 YEARS, MENASE SITE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
77 . RAGAVENDRA S/O SRINIVAS AGED ABOUT 40 YEARS, MENASE POST, SRINGERI TQ CHIKMAGALURU DIST - 577 139
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78 . NAGENDRA S S S/O SRINIVAS AGED ABOUT 30 YEARS, SAMPIGE KOLALU VILLAGE KUNTHURU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 79 . VISHVANATH S B S/O MAHABALA SHETTY AGED ABOUT 45 YEARS, SAMPIGE KOLALU VILLAGE, KUNTHURU POST, SRINGERI TQ CHIKMAGALURU DIST - 577 139 80 . UMESHA H S S/O RAJU MOOLYA AGED ABOUT 30 YEARS, SHIDLE VILLAGE KUNTHURU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 81 . VASU POOJARY S/O KAADYA POOJARI AGED ABOUT 60 YEARS, MOODBANA VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST- 577 139 (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 82 . LEELAVATHI W/O JAYARAMA AGED ABOUT 35 YEARS, SAMPIGEKOLALU VILLAGE, KUNTHURU POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 83 . SAAVITHRI W/O SHANKARA AGED ABOUT 30 YEARS, HULUGAR KIKRE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139
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84 . PUSHPA W/O MAHABALA SHETTY AGED ABOUT 40 YEARS, MOODBANA VILLAGE, MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 85 . PUSHPA W/O VISHVANATHAR ACHARI AGED ABOUT 30 YEARS, MENASE SITE VILLAGE MENASE POST SRINGERI TQ CHIKMAGALURU DIST - 577 139 86 . PREMA S M W/O RAGAVENDRA AGED ABOUT 30 YEARS, MENASE VILLAGE AND POST SRINGERI TQ CHIKMAGALURU DIST - 577 139. .. PETITIONERS (BY SRI. SHAMANNA.B.H, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE M.S.BUILDING, DR B R AMBEDKAR VIEHI BANGALORE - 560 001 REPTD BY ITS PRINCIPAL SECRETARY 2 . THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR T.T.M.C. A BLOCK, SHANTINAGAR BANGALORE - 560 027 REPTD BY ITS SECRETARY 3 . DEPUTY REGISTRAR/DISTRICT ELECTION OFFICER SAHAKARA UNION JYOTHI NAGARA CHIKAMAGALURU TOWN CHIKAMAGALURU DISTRICT - 577 102
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4 . SRI RAGHAVENDRA N G RETURNING OFFICER APPOINTED FOR HALANDURU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MENASE SRINGERI TALUK CHIKAMAGALURU DISTRICT - 577 139
.. RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1,3, SRI. G.V.SHASHIKUMAR, ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2) (a-iv) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri.Shamanna B.H., learned advocate
for the petitioners, Smt. Niloufer Akbar, learned AGA
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for the State and Shri G.V.Shashi Kumar, learned advocate for respondent No.2.
the petitioners submits that elections have already been conducted on 27.01.2020. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo of even date to the said effect. Memo be kept in record.
dismissed as having become infructuous.
No costs.
Sd/-
JUDGE
KTY
CHANDRA SHEKARAYYA B K S/O KRISHNAYYA AGER ABOUT 72 YEARS
GANESHAYYA V K S/O KRUSHNAYYA AGER ABOUT 70 YEARS
THE STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION COMMISSION
P. S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
