A writ petition filed under Articles 226 and 227 of the Constitution challenging provisions of the Karnataka Co-operative Societies Act was dismissed as infructuous since the court found that elections had already been conducted.
The petition was dismissed as infructuous due to the conduct of elections.
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 11TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.3381 OF 2020 (CS-EL/M)
BETWEEN :
YELAHANKA SATELLITE TOWN
YELAHANKA POST, YELAHANKA REGION
1119, NEW STREET YELAHANKA POST
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5 . RUDRAMURTHY S/O DODDACHENNAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO 0932 #24/1, 1ST MAIN, 10TH CROSS MARUTHI NAGAR, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 6 . SUBBANNA M S/O LATE MUNISHANKARAPPA AGED ABOUT 44 YEARS MEMBERSHIP NO 10199 YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 7 . SURESH S/O LATE MUNISHANKARAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO 10496 162, LIG 1ST PHASE, 12TH B CROSS YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH 8 . MANJUNATHA Y M S/O Y R MUNIYAPPA AGED ABOUT 32 YEARS MEMBERSHIP NO 10559 1258, LIG 1ST CROSS, GANDHINAGAR YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 9 . ASHOK KUMAR Y B S/O BALAKRISHNA Y R AGED ABOUT 31 YEARS MEMBERSHIP NO 10561 #1548, SUGGAPPA LAYOUT, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 10 . NAVEEN Y A S/O ANJANAPPA Y M AGED ABOUT 26 YEARS MEMBERSHIP NO 10562 #945, MUNNINARASAPPA COTTAGE NEW STREET YELAHANKA POST
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| YELAHANKA REGION, BANGALORE NORTH | |
|---|---|
| 11 . | SURESH Y M |
| S/O MUNIYAPPA Y R | |
| AGED ABOUT 29 YEARS | |
| MEMBERSHIP NO 10563 ST |
|
| #1258, 1B CROSS, GANDHINAGAR | |
| YELAHANKA POST, YELAHANKA REGION | |
| BANGALORE NORTH | |
| 12 . | RAJASHEKAR Y N |
| S/O NAGARAJ Y N | |
| AGED ABOUT 27 YEARS | |
| MEMBERSHIP NO 10569 | |
| 535, TANK BUND ROAD YELAHANKA POST | |
| YELAHANKA REGION, BANGALORE NORTH | |
| 13 . | HARISH Y S |
| S/O SREENIVAS MURTHY Y N | |
| AGED ABOUT 24 YEARS | |
| MEMBERSHIP NO 10572 | |
| 1329/A, 2NDCROSS, GANDHINAGAR | |
| YELAHANKA POST | |
| YELAHANKA REGION, BANGALORE NORTH | |
| 14 . | NARASIMHAMURTHY D |
| S/O DEVARAJAIAH N | |
| AGED ABOUT 36 YEARS | |
| MEMBERSHIP NO 10577 | |
| 972, NEW STREET, YELAHANKA POST | |
| YELAHANKA REGION, BANGALORE NORTH | |
| 15 . | MANJUNATHA V |
| S/O LATE VENKATARAMANAPPA | |
| AGED ABOUT 25 YEARS | |
| MEMBERSHIP NO 10579 | |
| 1250, 1STCROSS, 1STMAIN | |
| GANDHINAGAR, YELAHANKA POST | |
| YELAHANKA REGION, BANGALORE NORTH | |
| 16 . | LEELAVATHI Y T |
| W/O MURTHY R L | |
| AGED ABOUT 34 YEARS | |
| MEMBERSHIP NO 10602 |
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977,NEW STREET, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 17 . PRASSANNA C ACHARYA S/O CHANDRA ACHARYA AGED ABOUT 34 YEARS MEMBERSHIP NO 10652 #203, 12TH A CROSS A SECTOR NEWTOWN YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 18 . THIMMAIAH Y H S/O LATE HANUMANTHARAYAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO 10908 #972, NEW STREET, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 19 . PARVATHAMMA W/O THIMMAIAH Y H AGED ABOUT 60 YEARS MEMBERSHIP NO 10909 #972, NEW STREET, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 20 . RAJESHWARI S R W/O RAGHU S AGED ABOUT 28 YEARS MEMBERSHIP NO 11081 #1186, OLD MIDDLE SCHOOL ROAD YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH 21 . RANGANATHA Y N S/O NARAYANAPPA AGED ABOUT 38 YEARS MEMBERSHIP NO 11920 YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 22 . MURARI RAMU Y K S/O KRISHNAPPA Y R AGED ABOUT 41 YEARS
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MEMBERSHIP NO 11921 YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 23 . SHIVA KUMAR Y R S/O RANAGHASWAMAPPA Y R AGED ABOUT 45 YEARS MEMBERSHIP NO 11922 YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 24 . HANUMANTHE GOWDA Y N S/O NARAYANASWAMY AGED ABOUT 38 YEARS MEMBERSHIP NO 11924 YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH 25 . NANJAPPA Y N S/O NARAYANSWAMAPPA AGED ABOUT 36 YEARS MEMBERSHIP NO 12730 #1088, 2ND CROSS, NEW STREET YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
26 . VENKATESH S S/O SUBBANA AGED ABOUT 39 YEARS MEMBERSHIP NO 12733 #437, CHIKKAMUNIYAPPA GARDEN YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
27 . ANUPAMA B K W/O CHANDRASHEKAR Y K AGED ABOUT 29 YEARS MEMBERSHIP NO 13421 #1300, 1ST MAIN, GANDHINAGAR YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
28 . MANJUNATHA Y G S/O Y M GOVINDAIAH
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AGED ABOUT 28 YEARS MEMBERSHIP NO 2918 #24, OLD POST OFFICE ROAD YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
29 . RAMAMURTHY G S/O Y M GOVINDAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO 2920 #24, BACK TO OLD POST OFFICE ROAD YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
30 . MUNNICHENNAKESHAVA Y S S/O SHIVSHANKARAPPA AGED ABOUT 33 YEARS MEMBERSHIP NO 2921 #1041, OLD MIDDLE SCHOOL ROAD YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
S/O BYRAPPA AGED ABOUT 43 YEARS MEMBERSHIP NO 2922 #309/286, KOGILU CROSS YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
32 . VINAYAKA V V S/O VENKATARAMAIAH R AGED ABOUT 40 YEARS MEMBERSHIP NO 3665 YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
W/O N LAKSHMINARSIMHAIAH AGED ABOUT 35 YEARS
MEMBERSHIP NO 9740
#3,1ST MAIN ROAD, 24TH CROSS, MARUTHI NAGAR PALANAHALLI GARDEN, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
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34 . LAKSHMINARSIMHAIAH N S/O LATE NARASIMHAMURTHY AGED ABOUT 40 YEARS MEMBERSHIP NO 9742 #3,1ST MAIN ROAD, 24TH CROSS, MARUTHI NAGAR PALANAHALLI GARDEN, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
35 . BASAVARAJ Y T S/O THIMMAIAH Y H AGED ABOUT 37 YEARS MEMBERSHIP NO 9743 #977, YELAHANKA, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
36 . HEMAVATHI N W/O Y T BASAVARAJ AGED ABOUT 34 YEARS MEMBERSHIP NO 9744 #977, NEW STREET, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
37 . LATHA M W/O RAM PRAKASH N AGED ABOUT 38 YEARS MEMBERSHIP NO 9746 #1090, SREE KRISHNA VARALAKSHMI COMPLEX YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
38 . RAM PRAKASH N
S/O NARASEGOWDA H AGED ABOUT 47 YEARS MEMBERSHIP NO 9747 #1090, SREE KRISHNA VARALAKSHMI COMPLEX YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
39 . RAMA N
W/O PUTTARANGASWAMY AGED ABOUT 47 YEARS MEMBERSHIP NO 9748 YELAHANKA, YELAHANKA POST
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| YELAHANKA REGION, BANGALORE NORTH |
|---|
| 40 . PAVITHRA |
| W/O GOPINATH N |
| AGED ABOUT 53 YEARS |
| MEMBERSHIP NO 9749 |
| YELAHANKA, YELAHANKA POST |
| YELAHANKA REGION, BANGALORE NORTH |
| 41 . PUTTARANGASWAMY N |
| S/O NARSEGOWDA H |
| AGED ABOUT 56 YEARS |
| MEMBERSHIP NO 9750 |
| YELAHANKA, YELAHANKA POST |
| YELAHANKA REGION, BANGALORE NORTH |
| 42 . GOPINATH N |
| S/O NARASEGOWDA |
| AGED ABOUT 44 YEARS |
| MEMBERSHIP NO 9751 |
| YELAHANKA, YELAHANKA POST |
| YELAHANKA REGION, BANGALORE NORTH |
| 43 . ANIL KUMAR Y R |
| S/O RANGANTH Y C |
| AGED ABOUT 32 YEARS |
| MEMBERSHIP NO 9761 |
| YELAHANKA, YELAHANKA POST |
| YELAHANKA REGION, BANGALORE NORTH |
| 44 . VENKATESH Y C |
| S/O LATE CHIKKAVEERAPPA |
| AGED ABOUT 32 YEARS |
| MEMBERSHIP NO 9762 |
| YELAHANKA, YELAHANKA POST |
| YELAHANKA REGION, BANGALORE NORTH |
| 45 . NARAYANCHAR |
| S/O ANANTACHAR |
| AGED ABOUT 34 YEARS |
| MEMBERSHIP NO 0651 |
| ALLALASANDRA, GKVK POST |
| YELAHANKA REGION, BANGALORE NORTH |
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46 . SATYAMURTHY T S S/O SHAMASHASTRY A AGED ABOUT 50 YEARS MEMBERSHIP NO 0910 #2, 1ST BLOCK, SMIGB 5TH PHASE YELAHANKA SATELLITE TOWN, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
47 . SOMASHEKAR M S/O LATE MUNNISHANKARAPPA AGED ABOUT 44 YEARS MEMBERSHIP NO 10513 #162, LIG 1ST STAGE YELAHANKA SATELLITE TOWN, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
48 . HARISH P S/O PREM KUMAR AGED ABOUT 27 YEARS MEMBERSHIP NO 10301 BEGUR THIMMAIAH BUILDING KOGILU ROAD MARUTHI NAGAR, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
49 . NAVEEN N L S/O LAKSHMINARAYAN N AGED ABOUT 19 YEARS MEMBERSHIP NO 10430 #3, 1ST MAIN ROAD,24TH CROSS PALANAHALLI GARDEN, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
50 . ASHARANI N
W/O SUNEETH M D AGED ABOUT 20 YEARS MEMBERSHIP NO 10924 MARUTHI NAGAR, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
51 . PRASAD Y M
S/O MUNNINARASAPPA D AGED ABOUT 53 YEARS MEMBERSHIP NO 14184 #27/3, VIJAYAMANE, MUNITHIMMAIAH BADAVANE
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KOGILU ROAD, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
S/O PRASAD Y M AGED ABOUT 51 YEARS MEMBERSHIP NO 14185 #705 ABHISHEK, 15TH MAIN ROAD YELAHANKA SATELLITE TOWN, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
S/O LATE LAKSHMINARAYANAPPA AGED ABOUT 23 YEARS MEMBERSHIP NO 9739 4TH CROSS, 1ST MAIN ROAD MARUTHI NAGAR, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
MEMBERSHIP NO 9741 CHOWDESHWARI NILAYA, 4TH CROSS
S/O RAMACHANDRAPPA AGED ABOUT 36 YEARS MEMBERSHIP NO 10910 82, 3RD CROSS, 3RD MAIN KOGILU, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
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AGED ABOUT 19 YEARS MEMBERSHIP NO 10623 #25 SURABBI LAYOUT, YELAHANKA POST YELAHANKA REGION, BANGALORE NORTH
58 . Y K CHANDRASHEKAR S/O Y K KUMAR AGED ABOUT 29 YEARS MEMBERSHIP NO 9491 #1300, 1ST MAIN, GANDHINAGAR YELAHANKA POST, YELAHANKA REGION BANGALORE NORTH
(BY SHRI. DEVI PRASAD SHETTY, ADVOCATE)
AND :
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BY ITS CHIEF EXECUTIVE OFFICER ... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3 & R4 SHRI. 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) THE KARNATAKA CO-OEPRATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri Deviprasad Shetty, learned advocate for the petitioners, Smt.Niloufer Akbar, learned AGA for respondents No.1, 3 and 4 and Shri G.V.Shashikumar, learned advocate for respondent No.2.
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Once received, memo shall be kept in record.
Sd/-
JUDGE
Yn
1 issue framed by the court
Whether the writ petition challenging Section 20 of the Karnataka Co-operative Societies Act is maintainable in light of the conclusion that elections have already been conducted.
3 provisions across 2 enactments
Suresh Kumar Y K and others
The State of Karnataka
The State Co-operative Election Commission
Joint Registrar of Co-operative Societies
Returning Officer
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
