In a preliminary hearing, the court observed that relief in writ petitions regarding voting rights was subsumed by completed elections. Consequently, the court dismissed the petition as infructuous reserving liberty to seek revival.
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 21ST DAY OF JANUARY, 2021 BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.3717 OF 2020 (CS-EL/M)
BETWEEN :
1 . SHASHIKALA W/O DEVEGOWDA AGE 54 YEARS, R/AT SHANTHINAGAR PANDAVAPUR-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO. 8 SOCIETY IS 99/1).
2 . TARACHANDAN S/O RANGASHAR, AGE 45 YEARS, R/AT POLICE STATION ROAD, PANDAVAPUR-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO. 8 SOCIETY IS 21/13).
3 . DEVEGOWDA S/O DESHIGOWDA AGE 68 YEARS, R/AT SHANTHINAGARA, PANDAVAPUR-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO. 8 SOCIETY IS 57/17).
4 . V.GIRISH S/O VENKATARAMANEGOWDA, AGE 50 YEARS, R/AT ERODE BEEDIN PANDAVAPUR-571434 (SHARE NUMBER OF THE ABOVE
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PETITIONERS IN THE RESPONDENT NO. 8 SOCIETY IS 176/1). 5 . N. NAGANANDINI W/O GIRISH AGE 46 YEARS, R/AT ERODE BEEDI, PANDAVAPUR-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO. 8 SOCIETY IS 168/1). 6 . RAMAKRISHNA S/O P.V.KRISHNA IYER AGE 70 YEARS, R/AT MEENAKSHI BHAVAN PANDAVAPUR-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO. 8 SOCIETY IS 97/3). 7 . D.L.MANJULA W/O K.V. MARISWAMY GOWDA, AGE 56 YEARS, R/AT KADENAHALLI, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 40/3 ). 8 . PUTTAMMA W/O H.R.MAHADEV R/AT HARAVU VILLAGE, CHINAKURULI HOBLI, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 46/4 ). 9 . PUTTAMADEGOWDA S/O CHIKKEGOWDA AGE 60 YEARS, R/AT KRISHNAGAR PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 52/4).
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10 . ANKAMMA W/O NINGEGOWDA AGE 70 YEARS, R/AT LINGAPURA CHINAKURULI HOBLI PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 63/4 ).
11 . A.SOMU S/O ANKEGOWDA AGE 58 YEARS, R/AT RAGIMUDDANAHALLI, CHINAKURULI HOBLI, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 194/4 ).
12 . ANNEGOWDA S/O EREGOWDA @ DODDANNA AGE 80 YEARS, R/AT AMRUTHI , PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 95/5 ).
13 . M.SHANKARLAL S/O MANGILAL AGE 71 YEARS, R/AT N.M. ROAD, PANDAVAPURA TOWN-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 194/9 ).
14 . THAMMAIAH S/O JAVARANAIK, AGE 58 YEARS, R/AT SHANTHINAGARA, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 98/12 ).
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15 . RAMALINGEGOWDA S/O EREGOWDA, AGE 68 YEARS, R/AT CHIKKADE VILLAGE, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 23/6 ).
16 . JAYALAKSHMI W/O SIDDALINGEGOWDA AGE 51 YEARS, R/AT MANIKANAHALLI VILLAGE, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 126/5 ).
17 . SHEELAVATHI W/O BOREGOWDA AGE 53 YEARS, R/AT BERASHETTALI, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 69/7 ).
18 . RAMAMURTHY S/O KRISHNAIAHEGOWDA AGE 71 YEARS, KERETANNURU VILLAGE, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 15/16 ).
19 . RAGHUNATH K S/O KRISHNEGOWDA, AGE 70 YEARS, R/AT THYAGARAJA COLONY, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 77/1 ). 20 . GANESHCHANDRA S/O VENUGOPAL,
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AGE 53 YEARS, R/AT PANDAVAPURA TOWN-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 74/7 ).
21 . H.G.VENUGOPAL S/O GOWDAIAH, AGE 55 YEARS, R/AT HIREMARALI VILLAGE, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 67/8 ).
22 . N.SUNITHA D/O B.C.NAGARAJ AGE 45 YEARS, R/AT KYATHANAHALLI VILLAGE, PANDAVAPURA TALUK-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 76/5) 23 . N.PARAMESHWAR S/O NANJUNDAIAH, AGE 58 YEARS, R/AT DODDIBEEDI, PANDAVAPURA TOWN -571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 87/11 ).
24 . JAMIAR S/O ARULDAS AGE 49 YEARS, R/AT ERODE BEEDI, PANDAVAPURA TOWN-571434 (SHARE NUMBER OF THE ABOVE PETITIONERS IN THE RESPONDENT NO.8 SOCIETY IS 104/6) …PETITIONERS
(BY SHRI N.R.GIRISHA ADVOCATE)
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AND:
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MANDYA DISTRICT-571 434. REPRESENTED BY ITS SECRETARY. ...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3 TO 7; 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-OPERATIVE 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
Learned AGA submits that in this petition, petitioners have prayed for only voting rights. Elections have been conducted and nothing further survives for consideration. Her submission is placed on record.
No costs.
Sd/JUDGE
AV
2 issues framed by the court
Whether the petition filed for declaration against voting rights should be allowed.
Whether the petition has become infructuous as elections have already been conducted.
3 provisions across 2 enactments
SHASHIKALA W/O DEVEGOWDA
STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
PANDAVAPURA TALUK HOUSE BUILDING CO-OPERATIVE SOCIETY
DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
