Dismissed

Ronald D Souza v. State of Karnataka

Karnataka HC23 Feb 2021WP/2365/2020

Case brief

AI extract

What is this about?

Petitioners challenged Sections 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act via Writ Petition under Articles 226 and 227 of the Constitution. The court dismissed the petition as infructuous because elections were already concluded. Petitioners are granted liberty to seek revival if advised.

What did the court decide?

Petition dismissed as infructuous; liberty to seek revival of the petition if so advised.

Ronald D Souza Vs State of Karnataka — Election Law | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 23^RD DAY OF FEBRUARY, 2021

¶4

BEFORE

¶5

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

¶6

WRIT PETITION NO.2365 OF 2020 (CS-EL/M)

¶7

BETWEEN

¶8

1 . RONALD D SOUZA S/O ALEX D SOUZA, AGED ABOUT 55 YEARS,

¶9

2 . SRI MAXIMA D SOUZA S/O FELIX D SOUZA, AGED ABOUT 52 YEARS,

¶10

3 . SRI JARLD RODRIGOUS S/O ALBERT RODRIGOUS, AGED ABOUT 65 YEARS,

¶11

4 . CYRIL VAS S/O ALEX VAS,

¶12

AGED ABOUT 57 YEARS,

¶13

5 . SRI ROHITH

¶14

S/O JANARDHANA POOJARY, AGED ABOUT 30 YEARS,

¶15

6 . BENEDICTA VAS S/O JOSEPH VAS, AGED ABOUT 67 YEARS,

¶16

7 . SMT VINODA N W/O NAVEENA KUMAR, AGED ABOUT 62YEARS,

¶17

¶18

8 . SMT ASUMPTHA W/O JAGADISH,

¶19

AGED ABOUT 55 YEARS,

¶20

9 . MARIA GODWIN VAS W/O SEBASTIAN MENEZES, AGED ABOUT 59 YEARS,

¶21

10 . SRI ASHOK NORONHA S/O ALBER NORONHA, AGED ABOUT 56 YEARS,

¶22

11 . ALBERT NORONHA S/O LOUIS NORONHA, AGED ABOUT 76 YEARS,

¶23

12 . SMT ANITHA D SOUZA W/O RONALD D SOUZA, AGED ABOUT 52YEARS,

¶24

13 . SRI UMANATH SUVARNA S/O SESU SUVARNA, AGED ABOUT 62 YEARS,

¶25

14 . SRI GABRIEL RODRIGUES S/O SANTHAN RODRIGUS, AGED ABOUT 75 YEARS,

¶26

15 . SMT BENEDICA D MELLO W/O PASCAL D MELLO, AGED ABOUT 82 YEARS,

¶27

16 . SRI MAXIM D SOUZA S/O ROBERT D SOUZA, AGED ABOUT 48 YEARS,

¶28

17 . SRI CYPRIAN LOBO S/O LOWRENCE LOBO, AGED ABOUT 55 YEARS,

¶29

¶30

18 . SRI ALPHONSE VEIGUES S/O POUL VEIGUES, AGED ABOUT 65 YEARS,

¶31

19 . SRI VINCENT SALDANHA S/O SYLVSTER SALDANHA, AGED ABOUT 57 YEARS,

¶32

20 . SRI GILBERT SALDANHA S/O LAWRENCE SALDANHA, AGED ABOUT58 YEARS,

¶33

21 . SRI JOACHIM V PINTO S/O ALPHONSO PINTO, AGED ABOUT 62 YEARS,

¶34

22 . SRI VINCENT MONTHEIRO S/O CHARLES MONTHEIRO, AGED ABOUT 59 YEARS,

¶35

23 . SRI COSESS NORONHA S/O ALBERT NORONHA,, AGED ABOUT 74 YEARS,

¶36

24 . SMT ANUSUYA W/O B.G SHENOY, AGED ABOUT 62 YEARS,

¶37

25 . SRI MARK VAS S/O KAPHAIL VAS, AGED ABOUT 65 YEARS,

¶38

26 . SRI ALEX NORONHA S/O ALBERT NORONHA, AGED ABOUT 55 YEARS,

¶39

27 . SRI VASANTH S AMIN S/O B SADASHIVA, AGED ABOUT 65 YEARS,

¶40

¶41

28 . SRI UMESH S AMEEN S/O B SADASHIVA, AGED ABOUT 62 YEARS,

¶42

29 . SRI SURAJ GURU VIKRAM S/O VASANTH AMEEN, AGED ABOUT 23 YEARS,

¶43

30 . SRI YASHODHARA S/O ACHUTHA SALIAN, AGED ABOUT 27 YEARS,

¶44

31 . SRI RAMA VIKRAM SALIAN S/O JAYENDRA, AGED ABOUT 31 YEARS,

¶45

32 . SRI SUBHASH POOJARY S/O DARANESWARA POOJARY, AGED ABOUT 58 YEARS,

¶46

33 . SRI JILU MORAS S/O ALPHONSE MORAS, AGED ABOUT 70 YEARS,

¶47

34 . VICTOR FERNANDES S/O PIYAD FERNANDES, AGED ABOUT 70 YEARS,

¶48

35 . SRI JOACHIM GOMES S/O LOUIS GOMES, AGED ABOUT 69 YEARS,

¶49

36 . SRI ALOYSIOUS RODRIUES S/O PETER, AGED ABOUT 66 YEARS,

¶50

37 . SRI MICHAEL SEQUEIRA S/O MATHAIS, AGED ABOUT 65 YEARS,

¶51

¶52

38 . SRI JOSEPH SEQUEIRA S/O JULIAN, AGED ABOUT 70 YEARS,

¶53

39 . SRI VALERIAN MORAS S/O GREORY, AGED ABOUT 73 YEARS,

¶54

40 . SRI ANTONY SERRAO S/O MOURILCE, AGED ABOUT 58YEARS,

¶55

41 . SRI LOUIS NORONHA S/O ALPHONSE NORONHA, AGED ABOUT 63 YEARS,

¶56

42 . SRI HERALD D SOUZA S/O ALPHONSE D SOUZA, AGED ABOUT 60 YEARS,

¶57

43 . SRI BERTY D SOUZA S/O NOBERT D SOUZA, AGED ABOUT 58 YEARS,

¶58

44 . SRI BENEDICT D SOUZA S/O LAWRENCE, AGED ABOUT 58 YEARS,

¶59

45 . SRI ABDUL GAFOOR S/O NOORUDDIN, AGED ABOUT 60 YEARS,

¶60

46 . SRI JOHN MORAS S/O ALPHONSE, AGED ABOUT 65 YEARS,

¶61

47 . SRI LANCY LOBO S/O ALBERT, AGED ABOUT 62 YEARS,

¶62

¶63

48 . SRI ARTHER LANCY REGO S/O PAUL REGO, AGED ABOUT 61 YEARS,

¶64

49 . SRI LEO D SOUZA S/O CASMIR, AGED ABOUT 67 YEARS,

¶65

50 . SRI ALIMAMMA S/O MOHAMMED, AGED ABOUT 65 YEARS,

¶66

51 . SRI SURESH OSWALD D SOUZA S/O RAMA B, AGED ABOUT 70 YEARS,

¶67

52 . SMT MARY MISQUITH W/O AMBROSE CRASTA, AGED ABOUT 72 YEARS,

¶68

53 . SRI MOHAMMED ASIM S/O NOORUDDIN SAHEB, AGED ABOUT 65 YEARS,

¶69

54 . SRI DASAPPA POOJARY S/O NONAYAY POOJARY, AGED ABOUT 57 YEARS,

¶70

55 . SRI DOSWALD R MORAS S/O BONAVENTURE MORAS, AGED ABOUT 61 YEARS,

¶71

56 . SMT MARGARETTE D SOUZA W/O JOSEPH D SILVA,, AGED ABOUT 70 YEARS,

¶72

57 . SMT JECINTA D SOUZA W/O ALEXANDARD D SOUZA, AGED ABOUT 72YEARS,

¶73

¶74

58 . SRI ALBERT MONTERO S/O GREGORY, AGED ABOUT 58 YEARS,

¶75

59 . SRI JOSEPH VAS S/O LAWRNCE VAS, AGED ABOUT 78 YEARS,

¶76

60 . SRI MELWYN SEQUEIRA S/O THOMAS SEQUEIRA, AGED ABOUT 56 YEARS,

¶77

61 . SRI ROBERT D SOUZA S/O BAPTST D SOUZA, AGED ABOUT 74 YEARS,

¶78

62 . SRI VALERIAN MENEGES S/O JOHN MENEGES, AGED ABOUT 70 YEARS,

¶79

63 . SRI FRANCIS NORONHA S/O CHRLES NORONHA, AGED ABOUT 65YEARS,

¶80

64 . SRI BAPTIST FERNANDES S/O PETER, AGED ABOUT 60 YEARS,

¶81

65 . SRI OSWALD D SOUZA S/O FELIX D SOUZA, AGED ABOUT 57 YEARS,

¶82

66 . SMT PREMA W/O ACHUTHA SALIAN, AGED ABOUT 57 YEARS,

¶83

67 . SRI ANANDA BELCHADA S/O BOMMA BELCHADA, AGED ABOUT 67 YEARS,

¶84

¶85

68 . SRI YOGISH S/O VITTALA, AGED ABOUT 40 YEARS,

¶86

69 . SSRI GOVINDA POOJARY S/O ANTHAPPA POOJARI AGED ABOUT 56 YEARS,

¶87

70 . SMT LEELAVATHY S/O SHRINIVASA, AGED ABOUT 58 YEARS,

¶88

71 . SRI HILARY VAS S/O LAZAZRAS VAS, AGED ABOUT 63 YEARS,

¶89

72 . SRI FRANCIS CASTELINO S/O VICTOR CASTELINO, AGED ABOUT 68 YEARS,

¶90

73 . SRI VICTOR FELIX MENEZES S/O X M MENEZES, AGED ABOUT 55 YEARS,

¶91

74 . SMT MABEL ASUMPTHA MONTEIRO S/O ROBERT D SOUZA, AGED ABOUT 67 YEARS,

¶92

75 . SMT CELINE F NORONHA W/O FRANCIS NORONHA, AGED ABOUT 59 YEARS,

¶93

76 . SRI ALEX THOMAS FERNANDES S/O PIYAD, AGED ABOUT 55 YEARS,

¶94

77 . SMT CELINE FERNANDES W/O BAPTIST FERNANDES, AGED ABOUT 57 YEARS,

¶95

78 . WILLIAM F D SILVA S/O ., AGED ABOUT YEARS,

¶96

¶97

79 . SRI OSWALD LANCY VAS S/O LAZARASL VAS, AGED ABOUT 58 YEARS,

¶98

80 . SMT ANITHA MARIA GOMES W/O WILFRED GOMES, AGED ABOUT 56 YEARS,

¶99

81 . SMT JECINTHA D SOUZA W/O ALWYN D SOUZA, AGED ABOUT 58 YEARS,

¶100

82 . SRI THOMAS CRASTA S/O FRANCIS D SOUZA, AGED ABOUT 60 YEARS,

¶101

83 . SMT JECINTHA LOBO S/O LANCY LOBO, AGED ABOUT 58YEARS,

¶102

84 . SRI JOHN BAPTIST SERRAO S/O MOURICE SERRAO, AGED ABOUT 58 YEARS,

¶103

85 . SRI XAVIER D SILVA S/O LOUIS D SILVA, AGED ABOUT 63 YEARS,

¶104

86 . RONALD D SOUZA S/O LOUIS D SOUZA, AGED ABOUT 55 YEARS,

¶105

87 . SRI GREGORY D SOUZA S/O JOHN D SOUZA, AGED ABOUT 70 YEARS,

¶106

88 . SRI CANUTE SALDANHA S/O LIGOURY SALDANHA, AGED ABOUT 56 YEARS,

¶107

¶108

89 . SRI KEVIN D PAUL S/O MARK D PAUL, AGED ABOUT 40 YEARS,

¶109

90 . SMT AMEENA W/O SHAIK AHAMAD, AGED ABOUT 45 YEARS,

¶110

91 . SRI TONY D SOUZA S/O BERTY D SOUZA, AGED ABOUT 42 YEARS,

¶111

92 . SRI STANY D SOUZA S/O BAPTIST D SOUZA, AGED ABOUT 62 YEARS,

¶112

93 . SRI OSWALD VEIGAS S/O CHARLES VEIGAS, AGED ABOUT 54 YEARS,

¶113

94 . SRI ANNU CHANDAPPA POOJARY S/O MARAPPA POOJARY, AGED ABOUT 65 YEARS,

¶114

95 . SMT LILLY D SOUZA W/O CYPRIAN D SOUZA, AGED ABOUT 42 YEARS,

¶115

96 . SRI PRAVEEN KIRAN D SOUZA S/O JEROME D SOUZA, AGED ABOUT 52YEARS,

¶116

97 . SRI ABDUL HAMEED SAHEB S/O MOHAMMED NOORODDIN, AGED ABOUT 52 YEARS,

¶117

98 . SMT GRACY D SOUZA W/O ALPHONSE F D SOUZA, AGED ABOUT 57 YEARS,

¶118

¶119

99 . SRI IVAN MAXIM D SOUZA S/O LIGOURY D SOUZA, AGED ABOUT 50 YEARS,

¶120

100 . SMT CECILIA D SOUZA W/O ANANDA D SOUZA, AGED ABOUT 45 YEARS,

¶121

101 . SMT EVELINE D SOUZA W/O JOSEPH D SOUZA, AGED ABOUT 65 YEARS,

¶122

102 . SRI IRENE RODRIGUES S/O J.B ALVARIS, AGED ABOUT 68 YEARS,

¶123

103 . SMT MEERA SEQUERIA W/O ALWIN SEQUERIA, AGED ABOUT 52 YEARS,

¶124

104 . SRI JOSEPH PINTO S/O ALEXANER PINTO, AGED ABOUT 65 YEARS,

¶125

105 . SMT LILLY PEREIRA W/O DAVID PEREIRA, AGED ABOUT 72 YEARS,

¶126

106 . NAGARAJ S/O THIMMAPAP ACHARYA AGED ABOUT 48 YEARS,

¶127

107 . SMT KAMALA W/O KRISHNAPPA, AGED ABOUT 62 YEARS,

¶128

108 . SMT SHASHIKALA W/O GANGADHARA, AGED ABOUT 58 YEARS,

109 . JAYALAXMI

W/O DEVDAS,

AGED ABOUT 46 YEARS,

110 . SMT BABY

¶134

W/O MOHANA DEWADIGA, AGED ABOUT 48 YEARS,

¶135

111 . SMT SUMATHI W/O DAMODHARA, AGED ABOUT 55 YEARS,

¶136

112 . SMT ASMATH W/O ABDUL RAHIMAN, AGED ABOUT 48 YEARS,

¶137

113 . SMT MOLLY SHANTHI SALDANHA W/O GILBERT SALDANHA, AGED ABOUT 52 YEARS,

¶138

114 . SMT CELINE D SILVA W/O LAWRENCE SALDANHA, AGED ABOUT 89 YEARS,

¶139

115 . GILBERT SALDANHA S/O LAWRENCE SALDANHA, AGED ABOUT 58 YEARS,

¶140

116 . SMT MANORAMA W/O VIJAYA KUMAR, AGED ABOUT 45 YEARS,

¶141

117 . SMT BABY

¶142

W/O CHANDAYYA, AGED ABOUT 62 YEARS,

¶143

118 . SRI ISAC GOMES S/O LAWRENCE GOMES, AGED ABOUT45 YEARS,

¶144

¶145

119 . SMT WILMA CELINE PINTO S/O OLIVER OSWALD PINTO, AGED ABOUT 56 YEARS,

¶146

120 . SRI ALWYN CRASTA S/ONORBERT CRASTA, AGED ABOUT 52 YEARS,

¶147

121 . SRI LANCY NORONHA S/O CHARLES NORONHA, AGED ABOUT 62 YEARS,

¶148

122 . SRI GRACY D MELLO S/O JERRY D MELLO., AGED ABOUT 67 YEARS,

¶149

123 . SRI AISAMMA S/O MOHAMMAD N, AGED ABOUT 73 YEARS,

¶150

124 . SMT VIJAYALAKSHMI SHENOY W/O LAXMAN SHENOY, AGED ABOUT 68 YEARS,

¶151

125 . SRI ADOLPHUS FERNANDES S/O STEPHEN FERNANDES, AGED ABOUT 64 YEARS,

¶152

126 . SMT PRECILLA FERNANDES W/O ADOPHUS FERNANDES, AGED ABOUT 57 YEARS,

¶153

127 . SRI WILFRED MASCARENHAS S/O LAWRENCE MASCARENHAS, AGED ABOUT 58 YEARS,

¶154

128 . SMT METILDA D SOUZA W/O ALEXANDER D SOUZA, AGED ABOUT 60 YEARS,

¶155

¶156

129 . SRI WILLIAM FERNANDES S/O LAWRENCE FERNANDES, AGED ABOUT 57 YEARS,

¶157

130 . SRI FRANKY VAS S/O SYLVESTER VAS, AGED ABOUT 56 YEARS,

¶158

131 . SRI ANANDA D SOUZA S/O RAJAPPA D SOUZA, AGED ABOUT 58 YEARS,

¶159

132 . SMT HILDA TELLIS W/O JOSEPH TELLIS, AGED ABOUT 72 YEARS,

¶160

133 . SRI GREGORY VAS S/O SALVADORE VAS, AGED ABOUT59 YEARS,

¶161

134 . SRI RICHARD D SOUZA S/O PETER D SOUZA, AGED ABOUT 48 YEARS,

¶162

135 . SMT LILLY D SOUZA W/O LEO D SOUZA, AGED ABOUT 63 YEARS,

¶163

136 . SRI MOHAMMED SAHEB S/O NURUDDIN SAHEB, AGED ABOUT 65 YEARS,

¶164

137 . SRI JOSEPH D SOUZA S/O ALPHONSE D SOUZA, AGED ABOUT 68 YEARS,

¶165

138 . SRI MABEL PINTO S/O LAWRENCE PINTO, AGED ABOUT 68 YEARS,

¶166

¶167

139 . SRI DASAPPA

¶168

S/O NAGAPPA POOJARY, AGED ABOUT 57 YEARS,

¶169

140 . SRI EVELINE NORONHA S/O EDWARD NORONHA, AGED ABOUT 63 YEARS,

¶170

141 . SRI GANESHA PAI S/O RAMARAYA PAI, AGED ABOUT 68 YEARS,

¶171

142 . SMT SHARDA PAI W/O GANESH PAI, AGED ABOUT 62 YEARS,

¶172

143 . MEVIS D SOUZA W/O FELIX D SOUZA, AGED ABOUT 45 YEARS,

¶173

144 . SMT FLORINE TELLIS W/O ANTONY TELLIS, AGED ABOUT 63 YEARS,

¶174

145 . SRI LANCY PERREIRA, S/O DAVID PEREIRA, AGED ABOUT 47 YEARS,

¶175

146 . SRI SEBASTIAN CRASTA S/O GARIEL, AGED ABOUT 58 YEARS,

¶176

147 . SRI KIRAN FERNANDES S/O CHARLES FERNANDES, AGED ABOUT 48 YEARS,

¶177

148 . SRI NOEL LOBO S/O PASCAL LOBO,, AGED ABOUT 55 YEARS,

¶178

¶179

149 . SMT FASEELA W/O ABDUL LATHIEF, AGED ABOUT 53 YEARS,

¶180

150 . SRI STANY D SOUZA S/O ALEX D SOUZA, AGED ABOUT YEARS,

¶181

151 . SRI BHARATESH S/O VASANTH AMIN, AGED ABOUT 37 YEARS,

¶182

152 . SMT SUNITHA W/O CHANDRAHAS, AGED ABOUT 55 YEARS,

¶183

153 . SRI JANARDHANA S/O LATE KUNJAPPA, AGED ABOUT 55 YEARS,

¶184

154 . SRI SABESTIAN MENEZES S/O SANTHAN MENEZES, AGED ABOUT 65 YEARS,

¶185

155 . SRI BALAKRISHNA S/O B ABU, AGED ABOUT 50 YEARS,

¶186

ALL THE ABOVE PETITIONERS ARE R/O, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-575028 AND ALL ARE MEMBERS OF NEERUMARGA SEVA SAHAKARI SANHA NIYAMITHA NEERUMARGA MANGALORE TALUK D.K DISTRICT-575028..

¶187

... PETITIONERS

¶188

(BY SRI. RAKSHITH KUMAR , ADVOCATE)

¶189

¶190

AND

¶191

1 .	STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BANGALORE-560001 REPRESENTED BY ITS PRINCIPLE SECRETARY
2 .	THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHI NAGAR, T.T.M.C, A BLOCK, SHANTHI NAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY
3 .	DEPUTY REGISTRAR OF CO-OPERATIVE SOCITIES/DISTRICT ELECTION OFFICER JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALORE-575001
4 .	RETURNING OFFICER APPOINTED FOR NEERUMARGA SEVA SAHAKARI SANGHA NIYAMITHA NEERUMARGA, MANGALORE TALUK D.K DISTRICT-575028
5 .	NEERUMARGA SEVA SAHAKARI SANGHA NIYAMITHA NEERUMARGA, MANGALORE TALUK D.K DISTRICT-575028 BY ITS CHIEF EXECUTIVE OFFICER

¶192

…RESPONDENTS

¶193

(BY SMT. NILOUFER AKBAR, AGA FOR R1,R3 AND R4 SRI G.V. SHASHIKUMAR ADVOCATE FOR R2)

¶194

¶195

¶196

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA COOPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.

¶197

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

¶198

ORDER

¶199

Heard Shri. Rakshith Kumar, learned advocate for the petitioners, Smt. Niloufer Akbar, learned AGA for respondents No.1, 3 and 4 and Sri. G. V. Shashikumar, learned counsel for respondent No.2.

¶200

Learned AGA submits that in this petition, petitioners have prayed for only voting rights. Elections have been conducted on 08.02.2020 and nothing further survives for consideration. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal.

¶201

¶202

Her submission is placed on record. In the circumstance,

¶203

this petition is dismissed as having become infructuous reserving liberty to petitioners to seek revival of this petition, if so advised.

¶204

No costs.

¶205

Sd/-

¶206

BVK

Ronald D Souza v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ronald D Souza v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K Gokul Das Vs the State of Karnataka

K B Jagadish Vs the State of Karnataka

Parameshwarappa Vs the State of Karnataka

Sri.Krishnappa M Vs the State of Karnataka

Sri Khusro Qureshi Vs State of Karnataka

Pream Kumar K v Vs the State of Karnataka