Disposed

Sri v. a Ashwath v the State of Karnataka

Karnataka HC1 Sept 2021WP/3704/2020

Case brief

AI extract

What is this about?

This writ petition challenging the validity of specific sections of the Karnataka Co-operative Societies Act 1959 was disposed of. The Court held that since a co-ordinate bench had already upheld the legislation, the present petition did not constitute a just exception to settle law and was disposed of accordingly.

What did the court decide?

No specific relief granted; petition disposed of in terms of previous decision.

Sri v a Ashwath Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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W.P. NO.3704/2020 (CS-EL/M)

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BETWEEN

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1 . SRI. V.A. ASHWATH S/O SRI. APPASWAMY GOWDA, AGED ABOUT 37 YEARS, MEMBERSHIP NO.1644/11.

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2 . SRI.C.M.NINGE GOWDA S/O SRI. MARI GOWDA , AGED ABOUT 60 YEARS, MEMBERSHIP NO.899/7.

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3 . SRI.J.N.GOVINDE GOWDA S/O SRI. NIRVANA GOWDA , AGED ABOUT 55 YEARS, MEMBERSHIP NO.1411/9.

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4 . SMT.GUNAVATHI W/O SRI.PRASANNA, AGED ABOUT 35 YEARS, MEMBERSHIP NO.2135/13.

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5 . SMT B.S RENUKA W/O SRI.SATYANARAYANA , AGED ABOUT 45 YEARS, MEMBERSHIP NO. 1969/11.

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6 . SMT.M.MILANA W/O SRI.V.M.MANJUNATHA , AGED ABOUT 30 YEARS,

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MEMBERSHIP NO.2006/12.

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7 . SRI.K.C.THIPPE SWAMY S/O SRI.CHANNAIAH, AGED ABOUT 56 YEARS, MEMBERSHIP NO.1040/8.

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8 . SRI.V.K.CHANDRASHEKAR S/O SRI.KARE GOWDA , AGED ABOUT 42 YEARS, MEMBERSHIP NO.1889/12.

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9 . SRI.V.A.MANJUNATH S/O SRI. APPANNA GOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO.1887/12.

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10 . SRI.V.E.PRAVEENA S/O SRI.ERAPPA GOWDA, AGED ABOUT 39 YEARS, MEMBERSHIP NO.1656/11.

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11 . SRI.K.M.JAYARAJ S/O SRI.MALLE GOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.1044/8.

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12 . SRI.H.P.LOHITH S/O SRI.PUTTASWAMY GOWDA , AGED ABOUT 32 YEARS, MEMBERSHIP NO.1905/12.

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13 . SRI.V.K.RAJU S/O SRI. KENCHAIAH, AGED ABOUT 42 YEARS, MEMBERSHIP NO.1475/10.

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14 . SMT.H.D.VANI W/O SRI.DINESH , AGED ABOUT 30 YEARS, MEMBERSHIP NO. 2042/13.

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15 . SRI.V.S.BALASUBRAMANYA S/O SRI. SUBBE GOWDA , AGED ABOUT 35 YEARS, MEMBERSHIP NO.1708/11.

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16 . SRI.K.M.ANAND S/O SRI.MALLE GOWDA , AGED ABOUT 45 YEARS, MEMBERSHIP NO. 1619/11.

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17 . SRI.K.RAVI S/O SRI.DODDAIAH , AGED ABOUT 40 YEARS, MEMBERSHIP NO.1773/11.

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18 . SRI.K.K.GOVINDE GOWDA S/O SRI.KOMARI GOWDA , AGED ABOUT 55 YEARS, MEMBERSHIP NO.1903/12.

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19 . SRI.K.R.CHANDRE GOWDA S/O SRI.RAME GOWDA , AGED ABOUT 52 YEARS, MEMBERSHIP NO.1668/11.

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20 . SMT.K.D.VANAJAKSHI W/O SRI.DYAVAPPA GOWDA , AGED ABOUT 37 YEARS, MEMBERSHIP NO.1952/12.

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21 . SMT.SAVITHRAMMA W/O SRI.RAJE GOWDA , AGED ABOUT 50 YEARS, MEMBERSHIP NO.1897/12.

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22 . SRI.K.A.JAYARAJ S/O SRI.APPANNA GOWDA , AGED ABOUT 47 YEARS, MEMBERSHIP NO.991/7.

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23 . SRI.V.S.VENKATESH S/O SRI.SIDDE GOWDA ,

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AGED ABOUT 56 YEARS, MEMBERSHIP NO.926/7.

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24 . SRI.H.A.PURUSHOTHAM (H.A.SURESH) S/O SRI.C.M.NINGE GOWDA , AGED ABOUT 45 YEARS, MEMBERSHIP NO.1648/11.

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25 . SRI.C.N.GIRISH S/O SRI.C.M.NINGE GOWDA , AGED ABOUT 35 YEARS, MEMBERSHIP NO.2184/13.

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26 . SRI.H.P.PUTTASWAMY GOWDA S/O SRI.PUTTE GOWDA , AGED ABOUT 69 YEARS, MEMBERSHIP NO.1994/12.

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27 . SRI.H.D.JAYASHANKAR S/O SRI.DYAVAPPA GOWDA , AGED ABOUT 63 YEARS, MEMBERSHIP NO.1958/12.

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28 . SRI.V.A.DEVARAJ S/O SRI.APPANNA GOWDA, AGED ABOUT 25 YEARS, MEMBERSHIP NO.1940/12.

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29 . SMT.V.L.PRAMEELA W/O SRI.SHASHIKANTHA, AGED ABOUT 36 YEARS, MEMBERSHIP NO.1933/12.

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30 . SRI.V.K.KARI GOWDA S/O SRI.KOMARI GOWDA , AGED ABOUT 64 YEARS, MEMBERSHIP NO.1925/12.

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31 . SRI.H.R.DINESH S/O SRI.RAJE GOWDA , AGED ABOUT 32 YEARS, MEMBERSHIP NO.1704/11.

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32 . SRI.H.A.KUSHI S/O SRI.ANNE GOWDA, AGED ABOUT 40 YEARS, MEMBERSHIP NO.1690/11.

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33 . SRI.SATYANARAYANA S/O SRI.RANGE GOWDA , AGED ABOUT 47 YEARS, MEMBERSHIP NO.1677/11.

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34 . SRI.C.D.KRISHNE GOWDA S/O SRI.DODDE GOWDA , AGED ABOUT 65 YEARS, MEMBERSHIP NO.1599/10.

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35 . SRI.V.P.MAHENDRA S/O SRI. PUTTASWAMACHAR, AGED ABOUT 47 YEARS, MEMBERSHIP NO.1518/10.

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36 . SRI.V.N.NAGESH S/O SRI.NIRVANA GOWDA, AGED ABOUT 57 YEARS, MEMBERSHIP NO.1354/9.

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37 . SRI.V.K.SUBRAMANYA S/O SRI.KOMARI GOWDA , AGED ABOUT 40 YEARS, MEMBERSHIP NO.1350/9.

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38 . SIR.V.E.BASAPPA S/O SRI.ERAPPA GOWDA , AGED ABOUT 47 YEARS, MEMBERSHIP NO.850/7.

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39 . SRI.H.A.KUSHAL RAJ S/O SRI.AJJAPPA GOWDA , AGED ABOUT 53 YEARS, MEMBERSHIP NO.609/5.

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40 . SRI.H.D.SUBRAMANYA S/O SRI THAMME GOWDA ,

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AGED ABOUT 65 YEARS, MEMBERSHIP NO.756/6.

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41 . SRI.H.N.JEEVARAJ S/O SRI.NINGE GOWDA , AGED ABOUT 65 YEARS, MEMBERSHIP NO.757/6.

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42 . SRI.H.R.RAMACHANDRA S/O SRI.RAME GOWDA , AGED ABOUT 48 YEARS, MEMBERSHIP NO. 912/7.

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43 . SRI.H.K.RADHAKRISHNA S/O SRI.KOMARI GOWDA , AGED ABOUT 47 YEARS, MEMBERSHIP NO. 980/7.

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44 . SRI.H.B.DEVARAJ S/O SRI.PUTTE GOWDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.997/7.

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45 . SMT.H.V.GANGAMMA W/O SRI.VENKATESH , AGED ABOUT 60 YEARS, MEMBERSHIP NO.1110/8.

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46 . SRI.H.N.THAMMAIAH S/O SRI. NINGAIAH , AGED ABOUT 60 YEARS, MEMBERSHIP NO.1230/8.

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47 . SRI.H.N.SHIVAKUMAR S/O SRI.NIRVANA GOWDA , AGED ABOUT 53 YEARS, MEMBERSHIP NO.1285/9.

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48 . SRI.H.N.RAMACHANDRA S/O SRI. NIRVANA GOWDA, AGED ABOUT 56 YEARS, MEMBERSHIP NO.1286/9.

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49 . SMT.D.A.BHARATHI W/O SRI.H.N.ARAVINDA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.1469/10.

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50 . SRI.H.G.VENKATARAMANA GOWDA S/O SRI. GOVINDA RAJ, AGED ABOUT 43 YEARS, MEMBERSHIP NO.1471/10.

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51 . SMT. PUTTAMMA W/O SRI. THAMME GOWDA , AGED ABOUT 70 YEARS, MEMBERSHIP NO.1503/10.

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52 . SRI.H.N.THAMME GOWDA S/O SRI. NINGE GOWDA , AGED ABOUT 62 YEARS, MEMBERSHIP NO.1789/10.

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53 . SMT.JAYAMMA W/O SRI.PUTTARAJU , AGED ABOUT 58 YEARS, MEMBERSHIP NO.2000/12.

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54 . SRI.H.K.SUBRAMANYA S/O SRI. KOMARAIAH , AGED ABOUT 42 YEARS, MEMBERSHIP NO.2037/13.

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55 . SMT.B.A.REKHA W/O SRI. VISHWANATH K.K, AGED ABOUT 48 YEARS, MEMBERSHIP NO.2013/13.

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56 . SMT.PUSHPALATHA K.R. W/O SRI.DHARMAPPA , AGED ABOUT 50 YEARS, MEMBERSHIP NO.1992/12.

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57 . SRI.DHARMACHAR S/O SRI. KARIYACHAR ,

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AGED ABOUT 46 YEARS, MEMBERSHIP NO.1594/10.

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58 . SRI. H.E. NAGABHUSHAN S/O SRI. ERAPPA GOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.1013/7.

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59 . SRI. H.K. SHIVASHANKAR S/O SRI. KARE GOWDA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.940/7.

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60 . SRI.K.K.CHANDRAPRASAD S/O SRI.KOMARAPPA , AGED ABOUT 53 YEARS, MEMBERSHIP NO.813/6.

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61 . SRI.H.A. MANJUNATHA S/O SRI. ANNEGOWDA, AGED ABOUT 54 YEARS, MEMBERSHIP NO.829/6.

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62 . SRI.H.N. SHANMUKHA S/O SRI.NINGE GOWDA, AGED ABOUT 55 YEARS, MEMBERSHIP NO.830/6.

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63 . SRI.H.E.KRISHNA MURTHY S/O SRI.ERE GOWDA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.850/6.

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ALL ARE MEMBERS OF PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY, HETHUR, SAKLESHPURA TALUK, HASSAN DISTRICT-573137.

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...PETITIONERS

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(BY SRI. MOHAN DAS RAO T, ADVOCATE) AND

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

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2 . THE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR,SHANTHINAGAR , TTMC ‘A’ BLOCK , K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, BY ITS COMMISSIONER.

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3 . THE CO-OPERATIVE ELECTION AUTHORITY AND ELECTION AUTHORITY FOR CONDUCTING ELECTION TO THE PRIMARY CO-OPERATIVE SOCIETIES IN HASSAN DISTRICT-577301.

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4 . THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES, HASSAN DISTRICT, HASSAN-577301.

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5 . THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY, HETHUR, SAKLESHPURA TALUK, HASSAN DISTRICT-573137.

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6 . THE RETURNING OFFICER PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY, HETHUR, SAKLESHPURA TALUK, HASSAN DISTRICT-573137.

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… RESPONDENTS

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(SRI.B.V. KRISHNA, AGA FOR R1, R4 & R6; SRI.T.L. KIRAN KUMAR, ADVOCATE FOR R2 & R3; R5-SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv)(a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRES, THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING-B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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This matter is disposed off in terms of decision in W.P.No.48973/2019 between Sri.Venkategowda Vs. The State

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of Karnataka disposed off by a Co-ordinate Bench of this Court on 04.08.2021.

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The vehement contention of learned counsel for

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the petitioners is that some grounds have not been addressed by the Co-ordinate Bench and therefore, they need to be considered.

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It has been a settled position of law that once validity of a legislation is upheld by a court, a Co-ordinate Bench ordinarily cannot take a different view on some other grounds, subject to all just exceptions, into which argued case of the petitioners do not fit.

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Accordingly, petition is disposed of.

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cbc

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Sd/JUDGE

Sri v. a Ashwath v the State of Karnataka

Case brief

What is this about?

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Sri v. a Ashwath v the State of Karnataka

Case brief

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