Disposed

Sri. Mariyappa M K v. the State of Karnataka

Karnataka HC6 Aug 2021WP/1582/2020

Case brief

AI extract

What is this about?

Petitioner challenged denial of voting rights and sought direction for inclusion in the list of voters for an election. Court disposed of the petition by following a previous order upholding validity of amended Act provisions, leaving prior actions undisturbed.

What did the court decide?

None granted; petition disposed of by following previous order upholding statutory validity and non-disturbance of prior actions.

Sri. Mariyappa M K Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

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WRIT PETITION No.1582 OF 2020 (CS-EL/M)

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BETWEEN:

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SRI. MARIYAPPA M.K S/O LATE KARIYAPPA AGED ABOUT 56 YEARS SHARE NO.5489 R/O MARALIGA VILLAGE KOPPA HOBLI, MADDUR TALUK MANDYA DISTRCT PIN - 571 419. …PETITIONER (BY SRI. P.D. SUBRAMANYA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.

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THE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, 'A' BLOCK T.T.M.C. SHANTHI NAGAR BENGALURU - 560 027 REPRESENTED BY ITS COMMISSIONER.

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THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT MANDYA - 571 401.

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ASSSITANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT MANDYA - 571 401.

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THE RETURNING OFFICER PRIMARY CO-OPERATIVE ARUCULTURE AND RURAL DEVELOPMENT BANK LTD., MADDUR AND EXECUTIVE OFFICER, TALUK PANCHAYATH MADDUR TALUK MANDYA DITRICT-571 428

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THE PRIMARY CO-OPERATIVE AGRUCULTURE AND RURAL DEVELOPMENT BANK LTD. MADDUR, MADDUR TALUK MANDYA DISTRICT-571 433 REPRESENTED BY ITS MANAGER

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...RESPONDENTS

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(BY M VINOD KUMAR, AGA FOR R1 & R3 TO R5 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R-2 R-6 SERVED).

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION IN LIKE NATURE SETTING THE ENDORSEMENT VIDE NO.PCARDB/MDR/141/2019-20 DATED: 20.01.2020 ISSUED BY THE RESPONDENT NO.6 DENYING VOTING RIGHT TO THE PETITIONER BEING ARBITRARY, ERRONEOUS AND NOT SUSTAINABLE (ANNEXURE-J); (ii) ISSUE DIRECTION TO THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER IN THE LIST OF ELIGIBLE VOTERS FOR THE ELECTION TO THE 'BOARD' OF THE RESPONDENT NO.6 CO-OPERATIVE SOCIETY TO BE HELD ON 26.01.2020 FOR FIVE YEARS TERM FROM THE YEAR 2020 TO 2025, FOR THE NILUVAGILU 3^RD SEAT FOR BORROWERS RESERVED FOR WOMAN, IN THE INTEREST OF JUSTICE AND EQUITY (ANNEXURE-D) AND ETC.

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

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ORDER

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This Court, vide order dated 04.08.2021 has disposed of W.P. No.48973 of 2019 and connected matters, wherein the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 was challenged. While upholding the validity, this Court has observed that the amended provisions of the Act namely, Section 20(2)(a-iv) and (a-v) shall be effective for elections to be held post disposal of the writ petitions and all actions prior to the date of pronouncement of order shall remain undisturbed.

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In view of the said order, this petition is disposed of in similar terms as per order dated 04.08.2021 passed in W.P. No.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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Sri. Mariyappa M K v. the State of Karnataka

Case brief

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Sri. Mariyappa M K v. the State of Karnataka

Case brief

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