These petitioners challenged the validity of Section 20 of the Karnataka Cooperative Societies Act as ultra vires the Constitution. The court dismissed the writ petition as it had become infructuous since elections had already been conducted.
Petition dismissed as infructuous. No costs.
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 13TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.2419/2020(CS-EL/M)
BETWEEN
1 . U.R.SRINIVASA S/O RAMASHETTY, AGED ABOUT 45 YEARS, SHARE NO.458 R/AT UPPARADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 428
2 . SURESHA U M
S/O LATE MAHADEVA AGED ABOUT 38 YEARS, SHARE NO.168 R/AT UPPARADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
3 . CHIKKATHAYAMMA W/O JAYARAMA AGED ABOUT 50 YEARS, SHARE NO.879 R/AT UPPARADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
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4 . KUNNAPPA S/O KADAIAH AGED ABOUT 60 YEARS, SHARE NO.602 R/AT KONASALE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
5 . BORAIAH S/O CHIKKAIDAIAH, AGED 55 YEARS, SHARE NO.865 R/AT HOMBALEGOWDANADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
6 . JAGADISHA S/O SIDDAIAH, AGED 35 YEARS, SHARE NO.363 R/AT CHAPURADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
7 . K.M.SIDDAIAH S/O LATE MARAIAH AGED 48 YEARS, SHARE NO.522 R/AT KABBARE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
8 . KADAIAH S/O LATE BORALINGAIAH AGED 60 YEARS, SHARE NO.537 R/AT KABBARE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
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9 . DEVARAJU S/O LATE SIDDAIAH, AGED 42 YEARS, SHARE NO.86 R/AT BIDARAKOTE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 10 . B.C.VENKATESHA S/O CHIKKATHIMMAIAH AGED 40 YEARS, SHARE NO.269 R/AT BESAGARAGALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 11 . RADHA S/O SUBBAIAH AGED 35 YEARS, SHARE NO.260 R/AT BESAGARAHALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 12 . NAGAMMA W/O NAGARAJU, AGED 45 YEARS, SHARE NO.625 R/AT MENASAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 13 . PUTTABOYI S/O RAMABHOYI AGED 55 YEARS, SHARE NO.619 R/AT MENASAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 14 . MAHADEVA S/O GINDI SHIVAMADAIAH
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AGED 50 YEARS, SHARE NO.130 R/AT UPPARADODDI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
15 . SHIVALINGAIAH S/O KENGAIAH, AGED 66 YEARS, SHARE NO.620 R/AT MENASAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
16 . GANGARAJU
S/O GIRIRAJU, AGED 45 YEARS, SHARE NO.621 R/AT MENASAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428
18 . PADMA S/O DEVARAJU, AGED 45 YEARS, SHARE NO.872 R/AT MADDUR TOWN, MADDUR TALUK, MANDYA DISTRICT-571428
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R/AT MADDUR TOWN MADDUR TALUK, MANDYA DISTRICT-571428
20 . SAVITHA S/O LOKESHA, AGED 30 YEARS, SHARE NO.407 R/AT MADDUR TOWN MADDUR TALUK, MANDYA DISTRICT-571428
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SHARE NO.482 R/AT MADDUR TOWN, MADDUR TALUK, MANDYA DISTRICT-571428
25 . VIJAYA W/O LATE SWAMY M AGED 45 YEARS, SHARE NO.129 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
26 . N MAHESHA S/O M.C. NANJUNDAIAH AGED 48 YEARS, SHARE NO.467 R/AT MADDUR TOWN MADDUR TALUK, MANDYA DISTRICT-571428
27 . SHOBHA M W/O BORAIAH AGED 32 YEARS, SHARE NO.322 R/AT BUDAGUPPE VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
28 . NINGAMMA W/O LATE SIDDAIAH AGED 60 YEARS, SHARE NO.331 R/AT BUDAGUPPE VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
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29 . M MAHADEVA S/O GOOLIMADASHETTY AGED 45 YEARS, SHARE NO.855 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
30 . SHIVANNA S/O BETTASHETTY, AGED ABOUT 50 YEARS, SHARE NO.157 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
31 . MAHADEVA
S/O DODDAMADASHETTY AGED 48 YEARS, SHARE NO.9 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
32 . CHIKKAMMA W/O MAHADEVA AGED 45 YEARS, SHARE NO.226 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
33 . PADMAMMA W/O SHIVANNA AGED 48 YEARS, SHARE NO.158
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R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
34 . MAHADEVA S/O PIDDESHETTY (NARISHETTY) AGED 50 YEARS, SHARE NO.128 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
35 . U.S.KUMARA S/O SHIVAMADAIAH AGED 45 YEARS, SHARE NO.115 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
36 . K DODDONU S/O KONDASIDDASHETTY AGED 50 YEARS, SHARE NO.51 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
37 . SAROJAMMA W/O JAYARAMU AGED 48 YEARS, SHARE NO.946 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
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38 . SHANTHAMMA W/O RAMASHETTY AGED 40 YEARS, SHARE NO.72 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
39 . CHANDRA S/O SAPPE MADAIAH AGED 45 YEARS, SHARE NO.85 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
40 . KUNTASHETTY
S/O LATE KUNTASHETTY AGED 60 YEARS, SHARE NO.219 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
41 . MAHADEVAMMA W/O LATE MADASHETTY AGED 42 YEARS, SHARE NO.251 R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428
42 . GOWRAMMA W/O K MADASHETTY AGED 40 YEARS, SHARE NO.490
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R/AT UPPARADODDI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571428 … PETITIONERS
(BY SRI K.R. SATHISH, ADVOCATE)
AND
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SAHAKARA SANGHA NIYAMITHA (GANGA PARAMESHWARI FISHERMENS CO-OP SOCIETY LTD) MADDUR AND CO-OP DEVELOPMENT OFFICER MADDUR TALUK, MANDYA DISTRICT- 571 428
… RESPONDENTS
(BY SRI M. VINOD KUMAR, AGA FOR R1, R3-R6; SRI G.V. SHASHIKUMAR, ADVOCATE FOR R2)
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) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLES 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Heard Sri K.R. Sathish, learned Advocate for the petitioners, Sri M. Vinod Kumar, learned AGA for the State and Sri G.V. Shashikumar, learned Advocate for respondent No.2.
as having become infructuous.
No costs.
Sd/JUDGE
SBS*
2 issues framed by the court
Whether the writ petition challenging the validity of certain sections of the Karnataka Cooperative Societies Act becomes infructuous due to the conduct of elections?
Whether Article 20(2) of the Karnataka Cooperative Societies Act, 1959 is ultra vires the constitutional amendment of 2002?
3 provisions across 2 enactments
U.R. Srinivas and Others
The State of Karnataka and Others
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
