Disposed

Krishna K v. the Assistant Registrar of Co. Operative Society

Karnataka HC14 Dec 2021WP/22102/2021

Case brief

AI extract

What is this about?

The Court addressed a writ petition challenging the long pendency of an election dispute in a cooperative society. Observing that speedy justice falls under Article 21, the Court directed that the dispute be adjudged within three months while keeping all contentions open.

What did the court decide?

Directed the respondents to adjudicate the election dispute within three months.

Krishna K Vs the Assistant Registrar… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 14^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.22102 OF 2021(CS-RES)

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BETWEEN:

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KRISHNA K,

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S/O KARI THIMME GOWDA, AGED ABOUT 46 YEARS, ANEDODDI, MADDUR TALUK, MANDYA DISTRICT-571419

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JAYAMMA W/O MARIYANNA, AGED ABOUT 73 YEARS, R/AT HOSAKERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428. SENIOR CITIZEN BENEFIT NOT CLAIMED.

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PUTTASWAMY H B S/O BORE GOWDA, AGED ABOUT 74 YEARS, R/AT HOSAKERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428. SENIOR CITIZEN BENEFIT NOT CLAIMED

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BORAIAHA

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S/O KURI BORAIAHA, AGED ABOUT 52 YEARS, R/AT HOSAKERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428.

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H L LINGE GOWDA S/O LINGAIAHA @ CHIKKONO, AGED ABOUT 55 YEARS, R/AT HOSAKERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428.

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H K MAHESH

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S/O KULLE GOWDA, AGED ABOUT 67 YEARS, R/AT HOSAKERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428.

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...PETITIONERS

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(BY SMT. ARCHANA MURTHY, ADVOCATE)

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AND:

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THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY MANDYA SBU DIVISION, MANDYA-571401.

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THE ELECTION OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HOSAKERE MADDUR TALUK AND SUPERINTENDENT OF CO-OPERATIVE SOCIETY DEPUTY DIRECTOR OFFICE, MANDYA DISTRICT, MANDYA-571401

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THE CHIEF EXECUTIVE OFFICER HOSAKERE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MADDUR TALUK-571 428.

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DAYANANDA H L S/O H D LINGE GOWDA, AGED ABUOT 48 YEARS,

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KRISHNA S/O RAMANNA, AGED ABOUT 56 YEARS,

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RAMAKRISHNA S/O LINGE GOWDA, AGED ABOUT 62 YEARS,

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PARTHA K S S/O SHANKARE GOWDA, AGED ABOUT 61 YEARS,

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CHANDRU K T THAMME GOWDA, AGED ABOUT 46 YEARS,

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JAYAMMA

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W/O SIDDA RAJU,

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AGED ABOUT 68 YEARS,

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10. SIDDAPPAJI S/O GURUSIDDA CHARI,

AGED ABOUT 70 YEARS,

11. MAHADEV

S/O JOGI HEGGDE,

AGED ABOUT 43 YEARS,

MANJULA W/O PUTTARAMU C, AGED ABOUT 40 YEARS,

13. SAVITHRAMMA

W/O SHANKARAIAH,

AGED ABOUT 58 YEARS,

14. VIJENDRA H P S/O PUTTASWAMY,

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AGED ABOUT 43 YEARS,

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RESPONDENT NOS.4-14 ARE DIRECTORS, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, HOSAKERE, MADDUR TALUK-571428.

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… RESPONDENTS

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(BY SRI. VINOD KUMAR, AGA FOR R1; SRI.T.L. KRISHNA KUMAR, ADVOCATE FOR R2; NOTICE TO PRIVATE PARTIES ARE DISPENSED WITH V.C.O DATED 14/12/2021)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 HEREINTO DISPOSE THE DISPUTE VIDE ANNEXURE-A ON OR BEFORE 21^ST DECEMBER AND SET ASIDE THE ORDER OF THE R1 DATED 2.11.2021 ON I.A. IN DISPUTE VIDE ANNEXURE-E.

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

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ORDER

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The short grievance of the petitioner is against the

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long pendency of the dispute in question which involves a

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challenge to the elections.

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Learned AGA on request accepted notice for the

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first respondent and the learned Panel Counsel accepted notice for the second; notice to private respondents is dispensed with since they will have an opportunity to putforth their version when the matter is taken up for consideration by the answering respondents; both AGA and Panel Counsel oppose the writ petition contending that the officers are hard pressed for time and therefore, generally the Writ Court should not force them to decide the matters in a time bound way.

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Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the dispute in question should be adjudged within a period of three months, since speedy justice falls within the umbrella of Article 21 of the Constitution of India.

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Ordered accordingly and writ petition is disposed off keeping open all contentions of the parties

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Sd/JUDGE

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Bsv

Krishna K v. the Assistant Registrar of Co. Operative Society

Case brief

What is this about?

What did the court decide?

Krishna K v. the Assistant Registrar of Co. Operative Society

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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