A challenge concerning a co-operative bank election was dismissed as infructuous following completion of the elections. The court granted liberty to the petitioners to seek revival and made no order as to costs.
Liberty to petitioners to seek revival of the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.3087 OF 2020 (CS-EL/M)
BETWEEN:
2
CHIKKADE, AGED ABOUT 70 YEARS
3
4
5
AGED ABOUT 48 YEARS,
6
LASKHMISAGARA
AGED ABOUT 40 YEARS,
7
W/O VIVEKANANDA, LASKHMISAGARA AGED ABOUT 36 YEARS,
8
NILANAHALLI,
AGED ABOUT 42 YEARS,
9
AGED ABOUT 70 YEARS
10
TONNURU,
AGED ABOUT 38 YEARS
11
S/O NINGEGOWDA, TONNURU, AGED ABOUT 55 YEARS,
12
AGED ABOUT 38 YEARS,
AGED ABOUT 35 YEARS,
AGED ABOUT 40 YEARS,
13
AGED ABOUT 43 YEARS,
14
15
S/O KULLEGWODA URF DODDONU K HOSURU, AGED ABOUT 57 YEARS,
16
AGED ABOUT 52 YEARS,
17
AGED ABOUT 42 YEARS,
18
THIRUMALAPURA
AGED ABOUT 55 YEARS,
19
S/O BASAVEGOWDA, CHIKKADE,
AGED ABOUT 54 YEARS,
20
21
22
23
CHIKKADE, AGED ABOUT 47 YEARS,
24
25
26
AGED ABOUT 38 YEARS,
27
W/O NAGESH, CHIKKADE, AGED ABOUT 45 YEARS,
28
29
30
AGED ABOUT 65 YEARS,
31
AGED ABOUT 50 YEARS,
32
33
S/O KRISHNEGOWDA, HAROHALLI, AGED ABOUT 38 YEARS,
34
35
36
AGED ABOUT 37 YEARS,
37
JAKKANAHALLI, AGED ABOUT 37 YEARS,
291 . NARAYANAMURTHY K B
38
S/O BETTAIAH, KADALAGERE,
AGED ABOUT 49 YEARS,
39
306 . N SOMASHEKHAR
40
41
AGED ABOUT 48 YEARS,
42
HIRIMARALLI,
AGED ABOUT 43 YEARS,
43
S/O DODDAMMA CHANNEGOWDA, HIRIMARALLI, AGED ABOUT 55 YEARS,
44
AGED ABOUT 36 YEARS,
AGED ABOUT 30 YEARS,
45
46
AGED ABOUT 32 YEARS,
47
KURAHATTI, AGED ABOUT 39 YEARS,
48
S/O ERACHARI, CHIKKAMARALI, AGED ABOUT 40 YEARS,
49
50
51
393 . DEVARAJU S/O GOWDEGOWDA, K BETAHALLI, AGED ABOUT 55 YEARS,
52
AGED ABOUT 50 YEARS,
53
KENCHANAHALLI, AGED ABOUT 63 YEARS,
54
S/O BETTEGOWDA, KENCHANAHALLI, AGED ABOUT 52 YEARS,
55
56
AGED ABOUT 55 YEARS,
57
447 . S S PALGUNA
58
448 . CHIKKANU S/O KARIYAIAH, SHAMBHUNAHALLI, AGED ABOUT 50 YEARS,
59
60
61
62
480 . LOKESHA S/O SANNAPAPAIAH, M BETTAHALLI, AGED ABOUT 40 YEARS,
63
64
65
66
67
68
69
70
71
72
73
74
AGED ABOUT 66 YEARS
75
76
77
78
79
80
AGED ABOUT 55 YEARS
81
632 . RAMEGOWDA S/O ANKEGOWDA, KANIVEKOPPALU, AGED ABOUT 55 YEARS,
S/O SANNAHYDEGOWDA URF KALEGOWDA, KANIVEKOPPALU,
AGED ABOUT 45 YEARS,
BEBI,
AGED ABOUT 65 YEARS,
S/O CHIKKASIDDEGOWDA URF SANNAMARIGOWDA BEBI, AGED ABOUT 60 YEARS,
S/O CHIKKADASAIAH BEBI,
AGED ABOUT 50 YEARS,
W/O SIDDAIAH,
BEBI,
AGED ABOUT 60 YEARS,
639 . DASAIAH
S/O SANNAIAH, BEBI, AGED ABOUT 65 YEARS,
82
640 . B S NILAIAH S/O SANNAIAH, BEBI,
AGED ABOUT 65 YEARS,
83
648 . CHANNAIAH S/O CHALUVAIAH, K MANCHANAHALLI, AGED ABOUT 66 YEARS,
649 . RENUKA W/O HEMANNA, K MANCHANAHALLI, AGED ABOUT 56 YEARS,
650 . PREMA W/O PRAKASH, K.MANCHANAHALLI, AGED ABOUT 36 YEARS,
84
85
86
AGED ABOUT 50 YEARS,
87
88
S/O LATE B NARAYANAGOWDA, ARALAKUPPE, AGED ABOUT 50 YEARS,
89
696 . R SOMEGOWDA S/O T RAMEGOWDA, ARALAKUPPE,
AGED ABOUT 48 YEARS
S/OMARITHIMMEGOWDA, SEETHAPURA, AGED ABOUT 47 YEARS,
90
91
92
93
728 . SATHISH K V S/O VENKATESH, HOSAKANNAMBADI, AGED ABOUT 36 YEARS,
94
736 . K S SHIVARAM S/O SANNAIAH, HOSAKANNAMBADI, AGED ABOUT 33 YEARS,
737 . N G UMA W/O C NINGARAJU, HOSAHALLI VILLAGE, AGED ABOUT 56 YEARS,
PETITIONERS ARE ALL MEMBERS OF PANDAVAPURA TALUK PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434.
…PETITIONERS
(BY SRI. PUTTEGOWDA K., ADVOCATE)
AND:
95
SHANTHINAGAR, BENGALURU 560027
SRI. G.V. SHASHIIKIRAN, ADVOCATE FOR R2)
96
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS LEADING TO THE ELECTION IN THE R-7 / BANK AND DECLARE THAT SUB-CLAUSE (2) OF ARTICLE 243-ZO OF THE CONSTITUTION OF INDIA IS VIOLATIVE OF THE BASIC STRUCTURE OF THE CONSTITUTION AND IS ULTRA VIRES AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Puttegowda.K., learned Advocate for the Petitioner,Sri Vinod Kumar, learned AGA for Respondent Nos. 1, 4 and 5 and Sri G.V. Shashikumar, learned Advocate for Respondent No. 2.
97
4. In the circumstance, petition is dismissed as having
become infructuous, with liberty to petitioners to seek revival of the petition, if so advised.
No costs.
Sd/JUDGE
mbb
1 issue framed by the court
Had the petition concerning the co-operative bank election become infructuous after the elections were conducted?
SHIVANNA
STATE OF KARNATAKA
UNION OF INDIA
CO-OPERATIVE ELECTION COMMISSION
JOINT REGISTRAR CO-IOPERATIVE SOCIETIES MYSORE REGION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
