A challenge to cooperative society election provisions was disposed of on the terms of an earlier order upholding their validity. The adopted terms made the amended provisions effective for elections after disposal of those writ petitions and left earlier actions undisturbed.
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.
DATED THIS THE 16TH DAY OF AUGUST, 2021
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.344 OF 2021 (CS-EL/M)
BETWEEN:
2
9. HALAMMA W/O HANUMANTHARAYAPPA AGED ABOUT 41 YEARS MEMBERSHIP NO. 594
3
4
5
AGED ABOUT 27 YEARS MEMBERSHIP NO. 1151
36. MAMATHA
40. NAYANA
6
MEMBERSHIP NO. 2109 KENCHAPPA
7
MEMBERSHIP NO. 2182
54. ROOPA
8
69. AMBADEVI
70. LAKSHMANA
71. KRISHMANA
9
10
81. LAKSHMIDEVI H., W/O SREENIVASA AGED ABOUT 42 YEARS MEMBERSHIP NO.1234.
11
12
| 99. | M. SHEKARAPPA S/O THIPPESWAMY AGED ABOUT 35 YEARS |
|---|---|
| MEMBERSHIP NO. 1822 | |
| 100. | NIRMALA T., W/O D.R. GANGADHARA |
| AGED ABOUT 22 YEARS | |
| MEMBERSHIP NO. 1816 | |
| 101. | BOMMALINGAPPA |
| S/O ERANNA | |
| AGED ABOUT 42 YEARS | |
| MEMBERSHIP NO. 217 | |
| 102. | NAVEENA |
| S/O SANTHOSH E., AGED ABOUT 31 YEARS |
|
| MEMBERSHIP NO. 1261 | |
| 103. | KARIYAMMA W/O KESHAVAMURTHY |
| AGED ABOUT 31 YEARS | |
| MEMBERSHIP NO. 1803 | |
| 104. | VINODHA |
| S/O MANMATHA D.G. | |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 1585 | |
| 105. | LATHARANI |
| W/O DHANANJAYA D.S. | |
| AGED ABOUT 33 YEARS | |
| MEMBERSHIP NO. 1807 |
| 106. | SHILPA A., W/O DEVARAJU |
|---|---|
| AGED ABOUT 32 YEARS | |
| MEMBERSHIP NO. 1813 | |
| 107. | BHAGYAMMA W/O ANJINAPPA |
| AGED ABOUT 49 YEARS | |
| MEMBERSHIP NO. 1820 |
13
| 108. | NIRMALA |
|---|---|
| W/O GANGADHARA | |
| AGED ABOUT 22 YEARS | |
| MEMBERSHIP NO. 1816 |
| 109. | THIPPESWAMY |
|---|---|
| S/O L SANNA NARASAPPA | |
| AGED ABOUT 57 YEARS |
|
| MEMBERSHIP NO. | |
| 110. | JUNJEGOWDA |
| S/O H J NARASIMHAMURTHY | |
| AGED ABOUT 30 YEARS | |
| MEMBERSHIP NO. 1518 | |
| 111. | RADHAMMA W/O NARASIMAHAMURTHY AGED ABOUT 50 YEARS |
| MEMBERSHIP NO. 1519 | |
| 112. | NILAVATHI |
| W/O NAGARAJU AGED ABOUT 48 YEARS |
|
| MEMBERSHIP NO. 1534 | |
| 113. | RAGHU |
| S/O NARASIMHA MURHTY H.J., | |
| AGED ABOUT 27 YEARS | |
| MEMBERSHIP NO. 1520 | |
| 114. | Y. HANUMANTHAYYA |
| S/O YARAGUNTAPPA | |
| AGED ABOUT 70 YEARS MEMBERSHIP NO. 752 |
|
| 115. | D. KAVITHA |
| W/O D KARIAYANNA | |
| AGED ABOUT 37 YEARS | |
| MEMBERSHIP NO. 81286. | |
| 116. | HANUMANTHARAYA S/O SANNA HANUMANTHAPPA |
| AGED ABOUT 52 YEARS | |
| MEMBERSHIP NO. 766 |
14
| 117. | RANGANATHAPPA |
|---|---|
| S/O RANGAPPA | |
| AGED ABOUT 55 YEARS |
|
| MEMBERSHIP NO. 762 | |
| 118. | KARIAYANNA S/O BADAPPA |
| AGED ABOUT 70 YEARS | |
| MEMBERSHIP NO. 839 | |
| 119. | H.V. KUMAR |
| S/O VEERANNA | |
| AGED ABOUT 51 YEARS | |
| MEMBERSHIP NO. 814 | |
| 120. | SUJATHA T., W/O RAMACHANDRAPPA AGED ABOUT 46 YEARS MEMBERSHIP NO. 783 |
| 121. | PANDUARANAGAPPA |
| S/O KODI RANGAPPA | |
| AGED ABOUT 38 YEARS | |
| MEMBERSHIP NO. 1028 | |
| 122. | KANTHA RAJU S/O THIMMARAYAPPA AGED ABOUT 48 YEARS |
| MEMBERSHIP NO. 1643 | |
| 123. | KAMALAMMA |
| W/O HALAPPA AGED ABOUT 30 YEARS |
|
| MEMBERSHIP NO. 1027 | |
| 124. | SAKAMMA |
| W/O NARASIMHAMURTHY | |
| AGED ABOUT 51 YEARS | |
| MEMBERSHIP NO. 1437 | |
| 125. | RANGA SWAMY S/O RANGANNA |
| AGED ABOUT 58 YEARS | |
| MEMBERSHIP NO. 1131 |
15
| 126. THIMMARAYAPPA |
|---|
| S/O MUDLAPPA |
| AGED ABOUT 71 YEARS |
| MEMBERSHIP NO. 781 |
| 127. HANUMAKKA |
|---|
| W/O MARIAYANNA |
| AGED ABOUT 62 YEARS |
| MEMBERSHIP NO. 797 |
| 128. | NARASIMHARAJU |
|---|---|
| S/O JUNDJANNA | |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 1485 |
| 129. | PUSPA |
|---|---|
| W/O NARASILMHA RAJA | |
| AGED ABOUT 38 YEARS | |
| MEMBERSHIP NO. 1487 |
| 130. | RAJANNA |
|---|---|
| S/O DODDA HANUMANTHAYYA | |
| AGED ABOUT 45 YEARS | |
| MEMBERSHIP NO. 1532 |
| 131. | RAJANNA |
|---|---|
| S/O SANNAPPA | |
| AGED ABOUT 62 YEARS | |
| MEMBERSHIP NO. 780 |
| 132. | HALAMMA |
|---|---|
| W/O KARIYANNA | |
| AGED ABOUT 58 YEARS | |
| MEMBERSHIP NO. 779 |
| 133. | SAKAMMA |
|---|---|
| W/O SRINIVASAPPA | |
| AGED ABOUT 48 YEARS | |
| MEMBERSHIP NO. 1455 |
| 134. | NARASIMHAMURTHY H., |
|---|---|
| S/O HALAPPA | |
| AGED ABOUT 33 YEARS | |
| MEMBERSHIP NO. 826 |
16
| 135. | MARIYANNA S/O KRISHNAPPA |
|---|---|
| AGED ABOUT 52 YEARS | |
| MEMBERSHIP NO. 1529 | |
| 136. | SHIVARAJU S/O GANGANNA AGED ABOUT 45 YEARS |
| MEMBERSHIP NO. 1488 | |
| 137. | RANGA LAKSHMI |
| W/O NARAYANAPPA | |
| AGED ABOUT 48 YEARS | |
| MEMBERSHIP NO. 1190 | |
| 138. | LALITHAMMA |
| W/O PADMA NABA | |
| AGED ABOUT 36 YEARS | |
| MEMBERSHIP NO. 1489 | |
| 139. | KARINAYAKA S/O ERANAYAKA |
| AGED ABOUT 40 YEARS | |
| MEMBERSHIP NO. 832 | |
| 140. | BHARATHAMMA |
| W/O H.R. RAMESH | |
| AGED ABOUT 41 YEARS | |
| MEMBERSHIP NO. 1538 | |
| 141 | RANGANATHAPPA |
| S/O GOVINDAPPA | |
| AGED ABOUT 49 YEARS | |
| MEMBERSHIP NO. 751 |
17
| 144. | YASHODAMMA W/O NAGARJU |
|---|---|
| AGED ABOUT 37 YEARS MEMBERSHIP NO. 815 |
|
| 145. | RANGAMMA W/O DODDDA HANUMATHAPPA |
| AGED ABOUT 58 YEARS | |
| MEMBERSHIP NO. 817 |
| 146. | KRISHNAPPA |
|---|---|
| S/O HOSURAPPA | |
| AGED ABOUT 49 YEARS | |
| MEMBERSHIP NO. 1531 |
| 147. | GANAGAMMA W/O CHANDRAPPA |
|---|---|
| AGED ABOUT 61 YEARS | |
| MEMBERSHIP NO. 2259 | |
| 148. | H.P. RANGANATHA S/O PANDURANGAPPA AGED ABOUT 44 YEARS |
| MEMBERSHIP NO. 512 |
| 149. | HALAPPA S/O SANNAPPA |
|---|---|
| AGED ABOUT 53 YEARS | |
| MEMBERSHIP NO. 1533 | |
| 150. | NARASIMHAMURTHY S/O SANNAPPA |
| AGED ABOUT 55 YEARS | |
| MEMBERSHIP NO. 1528 | |
| 151. | RANGANATHA S/O RANGAPPA |
| AGED ABOUT 36 YEARS | |
| MEMBERSHIP NO. 1441 | |
| 152. | HANUMANTHARAYAPPA S/O JUNJANNA |
| AGED ABOUT 58 YEARS | |
| MEMBERSHIP NO. 1504 |
18
19
| 162. | ERANNA R., |
|---|---|
| S/O RANGAPPA | |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 432 |
| 163. | THIPPESWAMY |
|---|---|
| S/O HANUMANTHAPPA | |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 2127 |
| 164. | RANGASWAMY |
|---|---|
| S/O KADURAPPA | |
| AGED ABOUT 40 YEARS | |
| MEMBERSHIP NO. 439 |
| 165. | PUTTARANGAMMA |
|---|---|
| W/O DEVARAJU | |
| AGED ABOUT 60 YEARS | |
| MEMBERSHIP NO. 2509 |
| 166. | SANNAMMA |
|---|---|
| W/O DASAPPA | |
| AGED ABOUT 60 YEARS | |
| MEMBERSHIP NO. 2149 |
| 167. | INDRAMMA |
|---|---|
| W/O RANGASWAMY | |
| AGED ABOUT 40 YEARS | |
| MEMBERSHIP NO. 2657 |
| 168. | LAKSHMAMMA |
|---|---|
| W/O JAYANNA | |
| AGED ABOUT 42 YEARS | |
| MEMBERSHIP NO. 451 |
20
| 171. | LAKSHMANA S/O HANUMANTHAPPA AGED ABOUT 38 YEARS MEMBERSHIP NO. 422 |
|---|---|
| 172. | RAMACHANDRAPPA S/O AJJAGAPPA AGED ABOUT 40 YEARS MEMBERSHIP NO. 2572 |
| 173 | VIJAYA KUMAR N., S/O NAGAPPA AGED ABOUT 42 YEARS |
| MEMBERSHIP NO. 452 |
| 174. KASTHURI |
|---|
| S/O ERANNA |
| AGED ABOUT 50 YEARS |
| MEMBERSHIP NO. 382 |
| 175. | RAJAMMA |
|---|---|
| W/O PANDURANGAPPA | |
| AGED ABOUT 42 YEARS | |
| MEMBERSHIP NO. 1680 | |
| 176. | N. ERANNA |
| S/O NARAYANAPPA | |
| AGED ABOUT 41 YEARS | |
| MEMBERSHIP NO. 2940 |
| 177. | UMADEVI |
|---|---|
| W/O GOVINDAPPA P.G., | |
| AGED ABOUT 62 YEARS | |
| MEMBERSHIP NO. 423 |
| 178. | GAYITHRI P G |
|---|---|
| C/O UMADEVI | |
| AGED ABOUT 34 YEARS | |
| MEMBERSHIP NO. 2497 |
21
| 180. | RANGANATHA S/O RANGASWAMY |
|---|---|
| AGED ABOUT 34 YEARS MEMBERSHIP NO. 1920 |
|
| 181. | RAMYASHREE W/O SHAHIDARA |
| AGED ABOUT 29 YEARS | |
| MEMBERSHIP NO. 1825 | |
| 182. | J. SAVITHA W/O R MOHAN |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 1824 |
| 183. | MAMATHA |
|---|---|
| W/O ESWARAPPA | |
| AGED ABOUT 37 YEARS | |
| MEMBERSHIP NO. 1824 | |
| 184. | SHARADA |
| W/O N B SATHISHA | |
| AGED ABOUT 24 YEARS | |
| MEMBERSHIP NO. 1827 | |
| 185. | DIVYASHREE N., |
| W/O N S RAGHAVENDRA | |
| AGED ABOUT 29 YEARS | |
| MEMBERSHIP NO. 1838 | |
| 186. | KENCHAMMA |
| W/O RAMACHADRAPPA | |
| AGED ABOUT 40 YEARS | |
| MEMBERSHIP NO. 1829 | |
| 187. | ASHARANI |
| W/O HARISH | |
| AGED ABOUT 33 YEARS | |
| MEMBERSHIP NO. 1150 | |
| 188. | GOVINDARAJU |
| S/O VENKATAPPA | |
| AGED ABOUT 51 YEARS | |
| MEMBERSHIP NO. 518 |
22
| 189. | KAMALAMMA W/O ERANNA |
|---|---|
| AGED ABOUT 50 YEARS MEMBERSHIP NO. 137 |
|
| 190. | RANGANATHAPPA S/O ERANNA |
| AGED ABOUT 44 YEARS | |
| MEMBERSHIP NO. 82 |
| 191. | LATHA B.R. |
|---|---|
| W/O H.P. SHASHIDARA | |
| AGED ABOUT 47 YEARS | |
| MEMBERSHIP NO. 230 |
| 192. | RAVINDRA S/O RANGANATHA H E |
|---|---|
| AGED ABOUT 21 YEARS | |
| MEMBERSHIP NO. 2409 | |
| 193. | SHIVAMMA S/O BHIRANNA AGED ABOUT 56 YEARS |
| MEMBERSHIP NO. 517 |
23
198. PUTTAMMA W/O JAYARAMAYYA AGED ABOUT 41 YEARS MEMBERSHIP NO. 488
200. KRISHNAPPA
201. MANTHAMMA
W/O SHIVANNA AGED ABOUT 42 YEARS MEMBERSHIP NO. 727
202. LINGAMMA
203. TIPPESWAMY
205. SHANTHAMMA
W/O JAGANNATHA AGED ABOUT 37 YEARS MEMBERSHIP NO. 2139
206. MANJAMMA
W/O DYAMANNA AGED ABOUT 45 YEARS MEMBERSHIP NO. 2124
24
| 207. | PARVATHAMMA W/O MAHALINGAPPA |
|---|---|
| AGED ABOUT 53 YEARS MEMBERSHIP NO. 475 |
|
| 208. | NARAYANAPPA S/O RAMANNA AGED ABOUT 61 YEARS |
| MEMBERSHIP NO. 457 |
| 209. | YOGISH S/O PARASANNA |
|---|---|
| AGED ABOUT 28 YEARS | |
| MEMBERSHIP NO. 1107 | |
| 210. | SAVITRAMMA W/O BHUTHANNA |
| AGED ABOUT 60 YEARS | |
| MEMBERSHIP NO. 1687 |
25
| 216. | ANUSUYAMMA W/O NARASIMHAMURTHY AGED ABOUT 54 YEARS MEMBERSHIP NO. 916 |
|---|---|
| 217. | KARIYAMMA S/O NATARAJ AGED ABOUT 32 YEARS MEMBERSHIP NO. 909 |
| 218. | SOTTA BHUTHAYYA S/O KADURAPPA AGED ABOUT 57 YEARS |
| MEMBERSHIP NO. 930 |
| 219. | KRISHNAPPA S/O UGRAPPA |
|---|---|
| AGED ABOUT 62 YEARS | |
| MEMBERSHIP NO. 938 | |
| 220. | ABHINANADAN S/O SIDDANGANGAPPA AGED ABOUT 28 YEARS |
| MEMBERSHIP NO. 1351 | |
| 221. | RAJANNA S/O RAMANNA AGED ABOUT 55 YEARS |
| MEMBERSHIP NO. 915 | |
| 222. | RAMESH K.B., S/O BHUTHANNA |
| AGED ABOUT 42 YEARS | |
| MEMBERSHIP NO. 924 |
26
229. BUTHAYYA
27
| 234. | VIJAYAMMA |
|---|---|
| W/O PUTTAJUNJAYYA | |
| AGED ABOUT 50 YEARS | |
| MEMBERSHIP NO. 1013 | |
| 235. | SUDHA |
| W/O MUDLAPPA | |
| AGED ABOUT 29 YEARS | |
| MEMBERSHIP NO. 2047 | |
| 236. | NAGEDNDRAPPA |
| S/O MUDLAPPA | |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 1018 | |
| 237. | BHUTHESH S/O BHUTHAPPA |
| AGED ABOUT 45 YEARS | |
| MEMBERSHIP NO. 1642 |
| 238. | LOKAMMA |
|---|---|
| W/O HANUMANTHAPPA | |
| AGED ABOUT 48 YEARS | |
| MEMBERSHIP NO. 2045 |
| 241. | SHILPA |
|---|---|
| S/O GOVINDARAJU | |
| AGED ABOUT 35 YEARS | |
| MEMBERSHIP NO. 2036 |
28
243. NARASIMHAYYA S/O KARIYAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 991
245. RAMACHANDRAPPA
AGED ABOUT 47 YEARS MEMBERSHIP NO. 1017
248. KARIYANNA
251. GEETHA
29
255. NARASAMMA
W/O PUTTANARASAPPA AGED ABOUT 38 YEARS MEMBERSHIP NO. 1878
| 256. | RAGHUPATHI |
|---|---|
| S/O NARASIMHANNA | |
| AGED ABOUT 32 YEARS | |
| MEMBERSHIP NO. 2115 |
259. MUDDAMMA
W/O SANNA KARIYAPPA AGED ABOUT 47 YEARS MEMBERSHIP NO. 1899
30
263. JAYAMMA
31
270. KODIRANGAPPA S/O RANGAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 2134
272. KENCHANNA
273. SHIVANNA
S/O MARIYANNA AGED ABOUT 40 YEARS MEMBERSHIP NO. 1208
275. KALANNA
S/O NAGANNA AGED ABOUT 41 YEARS MEMBERSHIP NO. 704
S/O DASAJJA AGED ABOUT 46 YEARS MEMBERSHIP NO. 1660
32
279. KRISHNAMURTHY S/O CHIKKANNA AGED ABOUT 50 YEARS MEMBERSHIP NO.
S/O DASAJJA AGED ABOUT 45 YEARS MEMBERSHIP NO. 623
282. ERANNA
S/O ERANNA AGED ABOUT 42 YEARS MEMBERSHIP NO. 667
33
288. JAYANNA S/O CHITTANNA AGED ABOUT 55 YEARS MEMBERSHIP NO. 661
291. MENAPPA
34
297. KRISHNAMURTHY N S/O MARANNA AGED ABOUT 40 YEARS MEMBERSHIP NO. 659
298. CHITTAMMA W/O KALLAPPA AGED ABOUT 70 YEARS MEMBERSHIP NO. 644
299. BADANNA S/O KARADAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO. 641
35
306. JAGADAMBA W/O SHANKARAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO. 2016
36
318. RAJAMMA
320. KATAPPA
37
| 324. ABDUL RAFIK |
|---|
| S/O ABDUL DASTAGIRI SAB |
| AGED ABOUT 45 YEARS |
| MEMBERSHIP NO. 950 |
| 327. | MANGAPPA M., |
|---|---|
| S/O MARANNA | |
| AGED ABOUT 64 YEARS | |
| MEMBERSHIP NO. 856 |
38
333. CHANDRANNA S/O RANGAPPA AGED ABOUT 54 YEARS MEMBERSHIP NO. 848
39
40
41
362. LATHA
42
43
385. RUKMINI
44
ALL PETITINERS ARE THE MEMBERS OF THE PRIMARRY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HUNASEHALLI, SIRA TALUK TUMKUR DISTRICT-572139
…PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE)
AND:
45
TUMKUR DISTRICT-572139 REPRESENTED BY ITS CEO
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1, R3 & R4) SRI. T.L. KIRAN KUMAR, 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-OPERATIVE SOCIETIES ACT IS ULTRA VIRES OF LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA DRIECT THE R-2 TO 5 TO CONDUCT THE ELECTIONS TO THE R-5 SOCIETY FOR THE TERM 2021-26 WITHOUT REFERENCE TO SECTION 20(2)(A-IV) AND (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 04.08.2021 has disposed of W.P. No.48973 of 2019 and connected matters, wherein the validity of Section 20(2)(a-iv)
and (a-v) of the Karnataka Co-operative Societies Act, 1959 was challenged. While upholding the validity, this Court has observed that the amended provisions of the Act namely, Section 20(2)(a-iv) and (a-v) shall be effective for elections to be held post disposal of the writ petitions and all actions
46
prior to the date of pronouncement of order shall remain undisturbed.
disposed of in similar terms as per order dated 04.08.2021 passed in W.P. No.48973 of 2019 and
connected matters .
No costs.
Sd/JUDGE
bnv*
1 issue framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 was valid and applicable to the society's elections?
Colour shows how this judgement treated each authority
W.P. No.48973 of 2019Applied¶437
1 provisions across 1 enactments
SURESH H.
THE STATE OF KARNATAKA
THE STATE CO OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
RETURNING OFFICER APPOINTED FOR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HUNASEHALLI
PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD HUNASEHALLI
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court