Dismissed

H v. Manjunath v the State of Karnataka

Karnataka HC8 Jan 2021WP/263/2020

Case brief

AI extract

What is this about?

The petitioners filed a writ petition challenging the validity of Section 20(2) of the Karnataka Co-operative Societies Act under Articles 226 and 227 of the Constitution. The court dismissed the petition as infructuous because the elections had already been conducted. Relief

What did the court decide?

Writ petition dismissed as having become infructuous due to completion of elections.

H v Manjunath Vs the State of Karnataka — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 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.263/2020 (CS-EL/M)

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BETWEEN

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H V MANJUNATH S/O H VEERABHADRAPPA AGED ABOUT 58 YEARS 14TH CROSS, 60 FEET ROAD VINOBANAGARA SHIVAMOGGA-577204

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SMT M R NIRMAL W/O M RUDRAPPA AGED ABOUT 59 YEARS NANDEESH KRUPA NEAR RAILWAY GATE SAVALANGA ROAD RAVINDRANAGARA SHIVAMOGGA-577204

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C SURESH S/O CHANNAVEERAPPA C AGED ABOUT 61 YEARS KURUVATHIBASAVESHVARA NILAYA OLD GOONIGARA STREET 2ND CROSS DURGIGUDI SHIVAMOGGA-577204

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SMT KUSUMA NANJUNDAPPA G W/O NANJUNDAPPA G AGED ABOUT 65 YEARS PARITOSH NILAYA PARK EXTENSION SHIVAMOGGA-577204

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H R GURUMURTHI S/O M RANGAPPA AGED ABOUT 46 YEARS BHAAVANA NILAYA SAVALANGA ROAD SHIVAMOGGA-577204

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SATHISH K G S/O K G SHEKARAPPA AGED ABOUT 45 YEARS SHARADA NILAYA, 6TH CROSS RAVINDRANAGARA SHIVAMOGGA-577204

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SMT A M BASAMMA W/O MAHESHVARAPPA AGED ABOUT 72 YEARS SHREE NANDESHVARA CANDIMENTS NO.30, SHARAVATHI NAGARA SHIVAMOGGA-577204

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G M RUDHRA SWAMY O G M MADAPPA AGED ABOUT 52 YEARS SHIVA PROVISION STORES NEAR PADHMA TAAKIS GOPALA MAIN ROAD SHIVAMOGGA-577204

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K M VEERANNAKUMAR S/O K M MAHARUDRAPPA AGED ABOUT 55 YEARS NO.44, SHIVAPPA NAAYAKA EXTN VINOBANAGARA SHIVAMOGGA-577204

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H V ABHILAASH S/O H B VEERESHAPPA AGED ABOUT 40 YEARS SHREE ANNAPURNESHVARI KRUPA 60FT ROAD, 13TH CROSS VINOBANAGARA SHIVAMOGGA-577204

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N Y NAGESH S/O GANGAPPA AGED ABOUT 65 YEARS KORI PUTTAPA COMPOUND H SIDDAIAH ROAD SHIVAMOGGA-577204

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SMT RADHAMMA W/O M S KARIBASAPPA AGED ABOUT 45 YEARS DEVAGIRI NILAYA 60FT ROAD 16 A CROSS, NEAR R M C COMPOUND VINOBANAGARA SHIVAMOGGA-577204

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M H JAYADEVAIAH S/O H M HALASIDDAPPA AGED ABOUT 50 YEARS GANAPATHI TEMPLE ROAD HARIGE

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VIDHYANAGARA SHIVAMOGGA-577204

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M G SIDDAPPA S/O M G ESHWARAPPA AGED ABOUT 53 YEARS MANDI MERCHANTS V P/NO.8 APMC YARD SHIVAMOGGA-577204

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G M YATISH S/O G M MADDAPPA AGED ABOUT 42 YEARS ASHIRVARD NEAR RANGANATHASWAMY TEMPLE GOPALA SHIVAMOGGA-577204

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SMT RATHNA V KUMAR W/O K M VEERANNAKUMAR AGED ABOUT 55 YEARS 3RD CROSS GANDHI BAZAR SHIVAMOGGA-577204

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M P SANDESH

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S/O M B PAALANATHRA AGED ABOUT 45 YEARS C/O MALLIKARJUNA H B 7TH CROSS BEHIND R M C COMPOUND VINOBANAGARA SHIVAMOGGA-577204

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H HANUMANTHAPPA S/O SHIVAPPA AGED ABOUT 56 YEARS

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NAGAPPANAKERI SHIVAMOGGA-577204

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K YOGARAAJ S/O B KARIBASAPPA AGED ABOUT 43 YEARS SHREE BASAVESHVARA NILAYA BESIDE URDU SCHOOL BAPUJI NAGARA SHIVAMOGGA-577204

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K S RAJENDRA S/O SHARANABASAPPA AGED ABOUT 68 YEARS MANJUANTHA NILAYA 6TH MAIN, 5TH CROSS HOSAMANE LAYOUT SHIVAMOGGA-577204

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S CHANDRASHEKARAPPA S/O S NAGAPPA AGED ABOUT 63 YEARS SHREE CHANDRAGIRI NILAYA RANGANATHA BADAVANE GOPALA SHIVAMOGGA-577204

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H JAGADEESH S/O BASAVARAAJAPPA AGED ABOUT 50 YEARS SHREE BASAVESHVARA NILAYA BACK VENKATESHVARA FLORMILL 100FT ROAD, TUNGA NAGARA SHIVAMOGGA-577204

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S T PRAKASH

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S/O THOTAPPA AGED ABOUT 60 YEARS NO.12, PRAKASH MEDICAL TILAK NAGARA MAIN ROAD SHIVAMOGGA-577204

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LATHA S HIREMAT W/O S V HIREMAT AGED ABOUT 35 YEARS H SIDDAIAH ROAD KORI PUTTAPPA COMPOUND SHIVAMOGGA-577204

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SHAILAJA W/O S SHAMBULINGAPPA AGED ABOUT 38 YEARS H SIDDAIAH ROAD KORI PUTTAPPA COMPOUND SHIVAMOGGA-577204

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S SHADAKSHRAPPA S/O A SHARANAPPA AGED ABOUT 55 YEARS OPP MANJULA NILAYA 3RD JAYANAGARA SHIVAMOGGA-577204

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A R JAYADEVA S/O SHIVARDURAPPA AGED ABOUT 40 YEARS 2ND CROSS, BAAPUJI NAGARA SHIVAMOGGA-577204

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H C UMESH S/O H N CHANNABASAPPA AGED ABOUT 36 YEARS

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DURGIGUDI 2ND PARLAL ROAD SHIVAMOGGA-577204

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K S RAJENDRA KUMAR S/O K B NAGARAJA AGED ABOUT 54 YEARS K B N COMPLEX, IST CROSS N T ROAD, PWD OFFICE ROAD SHIVAMOGGA-577204

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DR CHIDAANANDA PAATIL T H S/O T G HUCHAPPA AGED ABOUT 40 YEARS UDAYARAVI DENTEL CLINIC 100 FT ROAD, RAJENDRA NAGARA SHIVAMOGGA-577204

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S P GANGAADARAPPA S/O S P SHANTHAPPA AGED ABOUT 60 YEARS H SIDDAIAH ROAD SHIVAMOGGA-577204

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K S RAJENDRA S/O SHARANABASAPPA AGED ABOUT 68 YEARS MANJUNATHA NILAYA 6TH MAIN, 5TH CROSS HOSAMANE LAYOUT SHIVAMOGGA-577204

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M NAGABUSHAN S/O MAHADEVAYA AGED ABOUT 32 YEARS NO.111, BEHIND PADHMA TALKIES AMBEDKAR NAGARA SHIVAMOGGA-577204

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M S BHOJARAJ S/O SANNABASAPPA AGED ABOUT 50 YEARS SHARAVATI NAGARA MAIN ROAD SHIVAMOGGA-577204

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S G CHAITRA W/O V VIKRAM AGED ABOUT 32 EYARS 3RD CROSS, VENKATESH NAGARA SHIVAMOGGA-577204

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V VIKRAM S/O H M VIRUPAKSNNA AGED ABOUT 35 YEARS 3RD CROSS, VENKATESH NAGARA SHIVAMOGGA-577204

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PUSHPAAVATHI K W/O VEERANNA AGED ABOUT 46 YEARS KORI PUTTA COMPOUND H SIDDAIAH ROAD SHIVAMOGGA-577204

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N S BASAVARAAJ S/O N B SADAASHIVAPPA AGED ABOUT 49 YEARS KARNATAKA BATTERIES LLR ROAD SHIVAMOGGA-577204

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CHANDRAPPA S/O A RUDHRAPPA AGED ABOUT 55 YEARS

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JAIL ROAD

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LEFT SIDE CHANNEL ROAD SHIVAMOGGA-577204

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RAMESH H M S/O H N MALLAPPA AGED ABOUT 55 YEARS RAMESH ENTERPRISES GANDHI BAZAR SHIVAMOGGA-577204

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VIJAYANANDA A S S/O A R SANNARUDRAPPA AGED ABOUT 40 YEARS J C NAGARA IST CROSS SHIVAMOGGA-577204

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SUMA W/O JAGADEESH K AGED ABOUT 45 YEARS BASAVESHVARA TEMPLE COMPLEX H SIDDAIAH ROAD GANDHI BAZAR SHIVAMOGGA-577204

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SATISH H B S/O H N BASAVARAAJAPPA AGED ABOUT 45 YEARS AKSHATHA 4TH CROSS GANDHI NAGARA SHIVAMOGGA-577204

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L M JYOTHI W/O L M MOHAN KUMAR AGED ABOUT 42 YEARS

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KUMBAAR GUNDI SHIVAMOGGA-577204

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SATHISH M S S/O M C SADASHIVAPPA AGED ABOUT 52 YEARS M C S FARM HOUSE OPP SHREENIVASA RICE MILL HOLEBENAVALI, NIDIGE(HOB) SHIVAMOGGA-577204

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46. T GIRISH

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S/O THIPPAIAH AGED ABOUT 39 YEARS SHIVA NILAYA OPP OXFORD HIGH SCHOOL SAVALAGA ROAD RAVINDRANAGARA SHIVAMOGGA-577204

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L M CHITHRASHVARA S/O MAHARUDRAPPA AGED ABOUT 45 YEARS HOSAMANE 6TH MAIN ROAD I PARELLAL ROAD SHIVAMOGGA-577204

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LINGARAJ M B S/O MURUGENDRAPPA B AGED ABOUT 58 YEARS IST CROSS, BHARMAPPA NAGAR SHIVAMOGGA-577204

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HEMA M APPAJI W/O C MANJUNATH AGED ABOUT 50 YEARS

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CHANDRACHAMPA IST CROSS J P N ROAD SHIVAMOGGA-577204

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M S VEENA W/O S SATISH AGED ABOUT 44 YEARS M C S FARM HOUSE OPP SHRINIVASA RICE MILL HOLEBENAVALLI NIDIGE(HO) SHIVAMOGGA-577204

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CHETHAN T S/O THIPPAIAH AGED ABOUT 30 YEARS GANESH CHAIS RAVIDNRA NAGARA SAVALAGA ROAD SHIVAMOGGA-577204

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SATHISH K G S/O K G SHEKARAPPA AGED ABOUT 45 YEARS SHARADAA NILAYA 6TH CROSS, RAVINDRANAGARA SHIVAMOGGA-577204

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L M NAGARAJ S/O L M OMKAR AGED ABOUT 45 YEARS RAMANNA SHRESTI PARK KUMBAARA GUNDI SHIVAMOGGA-577204

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VIRUPAAKSHA C A S/O C V APPAJI

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AGED ABOUT 63 YEARS APPAJI COMPLEX, J P N ROAD SHIVAMOGGA-577204

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DEEPAK E B S/O E M BASAVARAAJ AGED ABOUT 38 YEARS JNANAPRABHA SCHOOL KUBAARA KEERI SHIVAMOGGA-577204

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N S SHIVAKUMAR S/O N B SADASHIVAPPA AGED ABOUT 53 YEARS KARNATAKA BATTERIES L L R ROAD SHIVAMOGGA-577204

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A C RAJU S/O CHANDRAPPA AGED ABOUT 45 YEARS 51/2, SHIVA PRAVIJAN STORE 6TH CROSS, CHANNEL LEFT JAIL ROAD SHIVAMOGGA-577204

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D MANJUNATH S/O MARIKOTRAPPA AGED ABOUT 51 YEARS SHREE VEERABADHRASHVARA NILAYA 6TH CROSS, 3RD CROSS VIDHYA NAGARA SHIVAMOGGA-577204

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H J CHANDRACHAKAR S/O H S JAYANNA

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AGED ABOUT 61 YEARS SHRI JAYADEVA RICE MILL SHAKANKARMUTT ROAD SHIVAMOGGA-577204

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BASAVESHVARA SAMAJA SHIVAMOGGA KUVEMPU ROAD SHIVAMOGGA-577204 REPRESENTED BY N J SUBHASCHANDRA 61. H K JAYANNA S/O H S KARISIDAPPA AGED ABOUT 45 YEARS SHRI JAYADEVA RICE MILL SHAKANKARMUT ROAD SHIVAMOGGA-577204

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H K NANDINI W/O H K JAYANNA AGED ABOUT 38 YEARS SHRI JAYADAVA RICE MILL SHAKANKARMUT ROAD SHIVAMOGGA-577204

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H R NAGARAJ S/O H S RAVANNA AGED ABOUT 45 YEARS NO.45/1, 1ST CROSS, BASAVANAGUDI SHIVAMOGGA-577204

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SHILPA VISHIVANATH W/O H K VISHIVANATH AGED ABOUT 45 YEARS SHRI JAYADAVA RICE MILL

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SHAKANKARMUT ROAD SHIVAMOGGA-577204

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H K VISHIVANATH S/O H S KARISIDAPPA AGED ABOUT 40 YEARS SHRI JAYADAVA RICE MILL SHAKANKARMUT ROAD SHIVAMOGGA-577204

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G S KARIBASAVARAJ S/O G SHADAKSHRAPPA AGED ABOUT 38 YEARS KUMBAR STREET SHIVAMOGGA-577204

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G CHANDRAPPA S/O MAHALINGAPPA AGED ABOUT 38 YEARS VIRANNA LAYOUT VINOBANAGARA SHIVAMOGGA-577204

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DR B SHASHIDAR WARADA S/O DR B C WARADA AGED ABOUT 40 YEARS PARVATI NURSING HOME SAVALANGA ROAD SHIVAMOGGA-577204

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SMT PARVATHI B WARAD W/O B WARAD AGED ABOUT 60 YEARS PARVATI NURSING HOME SAVALANGA ROAD SHIVAMOGGA-577204

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E PRADEEP S/O C ESHVARAPPA AGED ABOUT 40 YEARS VINAYAKA NAGARA SHIVAMOGGA-577204

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POOJA N R D/O N J RAAJASHEKAR AGED ABOUT 38 YEARS NAVILA KRUPA KUVEMPU ROAD SHIVAMOGGA-577204

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REKHA N R W/O N J RAAJASHEKAR AGED ABOUT 60 YEARS NAVILA KRUPA KUVEMPU ROAD SHIVAMOGGA-577204

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H K UMA W/O M SHIVANANDAPPA AGED ABOUT 50 EYARS AJAY COMPLEX GANDI BAZAR SHIVAMOGGA-577204

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SHREE BASAVESHVARA VEERASHAIVA SAMAJA SEVA SANGHA(RI) KOSHAADHYAKSHRU AND KAARYADARSHI BASAVASADHANA NEHARU ROAD SHIVAMOGGA-577204 REPRESENTED BY M SHVIAMURTHY

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PRASHANTH KUMAR S/O MAHADEVAPPA

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AGED ABOUT 60 YEARS 2ND CROSS, DURGIGUDI SHIVAMOGGA-577204

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B GIRIJA, W/O MANJUNATH H V AGED ABOUT 52 YEARS GANGA NILAYA, 14TH CROSS VINOBANAGARA SHIVAMOGGA

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ERAMMA W/O MAJAPPA AGED ABOUT 65 YEARS S RUDRAPPA COMPOUND O.T. ROAD SHIVAMOGGA-577224

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...PETITIONERS

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(BY SRI VARUN J. PATIL, ADVOCATE) AND

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING BANGALORE-560001 REPRESENTED BY ITS SECRETARY

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THE REGISTRAR OF CO-OPERATIVE SOCEITIES ALI ASKER ROAD, NO.01 BANGALORE-560052

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DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR CO-OPERATIVE

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SOCIETIES SHIMOGA DISTRICT SHIMOGA-577201

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK SHANTINAGAR BANGALORE-560027 REPRESENTED BY ITS SECRETARY

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BASAVESHWARA SWAMI TOWN CREDIT CO-OPERATIVE SOCIETY BASAVESHWARA SADANA NEHRU NAGAR SHIMOGA-577201 REP BY ITS SECRETARY

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THE RETURNING OFFICER AND CO-OPERATIVE DEVELOPMENT OFFICER BASAVESHWARA SADANA NEHRU NAGAR SHIMOGA-577201

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RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-vi)(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, ETC.

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

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ORDER

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Heard Sri Varun J. Patil, learned Advocate for the petitioners, Smt. Niloufer Akbar, learned AGA for the State and Sri G.V. Shashikumar, learned Advocate for respondent No.4.

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Sri Varun J. Patil, learned Advocate submits that elections have already been conducted on 12.01.2020. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo of even date to the said effect. Memo is placed on record.

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In the circumstances, the petition is

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accordingly dismissed as having become infructuous.

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No costs.

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Sd/JUDGE

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SBS*

H v. Manjunath v the State of Karnataka

Case brief

What is this about?

What did the court decide?

H v. Manjunath v the 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

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