The High Court dismissed a writ petition filed under Articles 226 and 227 challenging the 97th Amendment and Part IXB of the Constitution. The court held the petition to be infructuous as elections had already been conducted.
Petition dismissed as infructuous.
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 24TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR
W.P. NO.1820 OF 2020 (CS-EL/M)
BETWEEN :
AGED ABOUT 72 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
4 . N S SHANTHA KUMARI W/O H R GANGADHARAPPA 50 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK
2
CHIKKAMANGALURU-577228
5 . H B MANJUNATH S/O H L BHANAPPA
62 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
6 . H K DAYANANDA S/O H P KUMARASWAMY 40 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
7 . SUVARNAMMA W/O ESHWARAPPA H B 60 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
8 . AMBIKA W/O H B SHIALINGAPPA 40 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
9 . C K LALITHAMMA W/O R JAYAPPA 60 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
3
10 . PREMA
W/O H M OMKARAPPA
55 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
11 . CHANDRAMMA W/O JAGANNATHAPPA
38 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
12 . H M SHANTHA
W/O H K RAMESH 32 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
13 . H M SATHISH
S/O MARALU SIDDAIAH
40 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
14 . S G BABY
W/O CHANDRASHEKARAPPA
28 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
4
15 . MANJUNATH S/O MARALAPPA 38 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
16 . R RAJU S/O RAMAPAP 42 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
17 . H M ESHWARAPPA S/O H S MALLAPPA 42 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
18 . D N SHANTHALA
W/O H M ESHWARA PRASAD 32 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
19 . NAGARATHNAMMA W/O SHIVASHANKARASWAMY 40 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
20 . MEENAKSHAMMA W/O RAMALINGAPPA 62 YEARS,
5
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
21 . H R SHASHI KUMAR S/O H S RAMALINGAPPA 48 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
22 . M E SUDHARANI W/O H R SHASHIKUMAR 38 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
23 . YASHODHAMMA W/O BASAVARAJAPPA 38 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
24 . H V KUMARASWAMY S/O VEERAIAH 62 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
25 . H R USHARANI W/O H E HARISH 38 YEARS,
MEMBER OF PRIMARY AGRICULTURAL
6
CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
26 . M M RUPA
W/O H O RAJASHEKARAPPA 37 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
27 . G M SHAKUNTHALA W/O H N BASAVARAJAPPA 38 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
28 . K J SMITHA W/O H E SHIVAKUMAR 36 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
29 . BINDHU
W/O H R NAGARAJ 26 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
30 . S N SUDHA
W/O H G RAMALINGAPPA 62 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD
7
HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
31 . H RAVI S/O V HALAPPPA 32 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
32 . H N NAVEEN
S/O H NANJUNDAPPA 32 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
33 . H R SHOBHA
W/OH M OMKARAPPA 35 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
34 . R JAYAPPA
S/O RUDRAIAH
68 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
35 . H S PRASANNA
S/O H R SHEKARAPPA 42 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK
8
CHIKKAMANGALURU-577228
36 . M BAJANANAIAKA S/O MEETYANAIAKA 68 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
37 . SANTHOSH NAIK S/O LAKSHMA NAIAK 35 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
38 . PEERYA NAIK S/O PEERYA NAIK 35 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
39 . LOKESH NAIK
S/O LACCHA NAIK
48 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
40 . H D CHANDRA NAIK
42 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
9
41 . KRISHNA NAIK S/O THOLACHA NAIK
52 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
42 . GANGI BHAI W/O KRISHNA NAIK
48 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
43 . DEVALA NAIK
S/O SAMYA NAIK 52 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
44 . GOWRI BAHI
W/O MOODALI NAIK
48 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
45 . M S HALAYYA
S/O SHIVA RUDRAIAH 52 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
10
46 . K B MEENA
W/O M R LOHITH
43 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
47 . B M JOTHI W/O M S HALAYYA
38 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
48 . M T REKHA
W/O M SATHISH
32 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
49 . H L BHAGYA W/O MALLAPPA 32 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
50 . TAKRA NAIK
S/O KRISHNA NAIK
48 YEARS,
MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
11
51 . UMA
43 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HUNASAGATTA TARIKERE TALUK CHIKKAMANGALURU-577228
53 . AMBIKA
...PETITIONERS
(BY SRI SHARATH S GOWDA, ADVOCATE)
AND :
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…RESPONDENTS
(BY SRI. M.VINOD KUMAR, A.G.A. FOR R1, R3 & R4; SRI. G.V.SHASHIKUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. Sharath S. Gowda, learned Advocate for
the petitioners, Sri. M. Vinod Kumar, learned AGA for the
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State and Shri.G.V.Shashi Kumar, learned advocate for respondent No.2.
submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo dated 23-02-2021 to the said effect. Memo be kept in
record.
3. In the circumstances, Petition is dismissed as
having become infructuous.
No costs.
Sd/JUDGE
hnm
2 issues framed by the court
Whether the writ petition challenging the 97th Amendment is infructuous due to the conduct of elections.
Whether the petition declaring the 97th Amendment as违反 Article 368(2) and basic structure shall be allowed.
6 provisions across 1 enactments
VEERABHADRAPPA S/O RUDRAPPA AND OTHERS
STATE OF KARNATAKA
STATE CO OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
PRIMARY AGRICULTURAL CREDIT CO OPERATIVE BANK LIMITED
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
