A writ petition challenging the legislative competence of specific provisions of the Karnataka Co-operative Societies Act was dismissed as infructuous because the elections for the cooperative society had already been conducted.
Petition dismissed as having become infructuous. No costs.
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 17TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR
W.P. NO.4094 OF 2020 (CS-EL/M)
BETWEEN :
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S/O DEVU MOOLYA, AGED ABOUT 45 YEARS, MEMBER NO. 2064.
31 . ANDRO LEO NAZARATH
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S/O S.L NAZRATH, AGED ABOUT 55 YEARS, MEMBER NO. 1723.
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S/O VAMAN SHANBHOGH, AGED ABOUT 50 YEARS, MEMBER NO. 1598.
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S/O YEDAPPA NAIK, AGED ABOUT 46 YEARS, MEMBER NO. 2390.
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S/O GOPAL ACHAR, AGED ABOUT 45 YEARS, MEMBER NO. 1437.
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S/O SESHU POOJARY, AGED ABOUT 45 YEARS, MEMBER NO. 1214.
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S/O MOHIDANBBA, AGED ABOUT 55 YEARS, MEMBER NO. 1477.
79 . IBRAHIM
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S/O PELLIYABBA, AGED ABOUT 65 YEARS, MEMBER NO. 2149.
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S/O BABU POOJARY, AGED ABOUT 45 YEARS, MEMBER NO. 2339.
95 . EMILIYA
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BALAGULIPADI, AGED ABOUT 53 YEARS, MEMBER NO. 2873.
103 . MAMU M
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S/O MOHAMMED SAHEB, AGED ABOUT 45 YEARS, MEMBER NO. 857.
111 . MAMATHA R MENDA
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S/O RAJENDRA MENDA, AGED ABOUT 60 YEARS, MEMBER NO. 1600.
119 . RAMACHANDRA
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S/O SAHADEVA SAPALIGA, AGED ABOUT 45 YEARS, MEMBER NO. 1902.
127 . SNEHALATHA
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W/O JAYARAMA BHANDARY, AGED ABOUT 49 YEARS, MEMBER NO. 2229.
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S/O NARAYANA SHETTY, AGED ABOUT 60 YEARS, MEMBER NO. 1512.
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S/O RASHID NARLA, AGED ABOUT 54 YEARS, MEMBER NO. 1527. 144 . JANARDHAN NAIK S/O SHIVAPPA NAIK, AGED ABOUT 53 YEARS, MEMBER NO. 1529.
| 145 . | LAXMAN AMIN S/O SHESAPPA POOJARY, AGED ABOUT 57 YEARS, MEMBER NO. 1537. |
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| 146 . | KRISHNANANDA KISHORE SHETTY S/O M.SHANKAR SHETTY, AGED ABOUT 58 YEARS, MEMBER NO. 1570. |
| 147 . | SURENDRA MENDA S/O MUTTANNA MENDA, AGED ABOUT 55 YEARS, MEMBER NO. 1576. |
| 148 . | SURESH CHOWTA S/O MAHABALA CHOWTA, AGED ABOUT 60 YEARS, MEMBER NO. 224. |
| 149 . | ASHOK SHETTY S/O MAHABALA SHETTY, AGED ABOUT 58 YEARS, MEMBER NO. 290. |
| 150 . | JULIAN LOBO S/O SALWADAR LOBO, AGED ABOUT 57 YEARS, MEMBER NO. 309. |
151 . MEER RAHAMATHULLA
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W/O AHAMMED SAHEB, AGED ABOUT 56 YEARS, MEMBER NO. 356.
159 . PUNDALIKA KAMATH
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S/O DATTANANDA KAMATH, AGED ABOUT 45 YEARS, MEMBER NO. 796.
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175 . NAYANA L CHOWTA
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S/O LAXMAN CHOWTA, AGED ABOUT 43 YEARS, MEMBER NO. 1672.
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S/O DAMODHAR SHETTY, AGED ABOUT 55 YEARS, MEMBER NO. 1779.
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S/O SEENA POOJARY, AGED ABOUT 58 YEARS, MEMBER NO. 1877.
199 . JYOTHI B SHEETY
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W/O BALACHANDRA SHETTY, AGED ABOUT 51 YEARS, MEMBER NO. 1916.
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W/O BALAKRISHNA POOJARY, AGED ABOUT 48 YEARS, MEMBER NO. 2076.
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W/O KUNJANNA BHANDARY, AGED ABOUT 58 YEARS, MEMBER NO. 2303.
223 . NARAYANA P KARANTH
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S/O PADMANABHA KARANTH, AGED ABOUT 64 YEARS, MEMBER NO. 2090.
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S/O ABOOBKKAR, AGED ABOUT 34 YEARS, MEMBER NO. 2175.
233 . SHAILAJA W/O SADANANDA, AGED ABOUT 35 YEARS, MEMBER NO. 2356.
234 . BABU SHETTY S/O POOVAPPA SHETTY, AGED ABOUT 70 YEARS, MEMBER NO. 2413.
235 . SARALA W/O MARAPPA SHETTY, AGED ABOUT 66 YEARS, MEMBER NO. 1545.
ALL THE ABOVE PETITIONERS ARE RESIDENTS OF MANGALORE TALUK, D K DISTRICT-574144
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AND ALL ARE MEMBERS OF GANJIMATA VYAVASAYA SEVA SAHAKARI SANGHA NI., GANJIMATA, MANGALORE TALUK, D.K. 574144.
...PETITIONERS
(BY SRI RAKSHITH KUMAR, ADVOCATE)
AND :
…RESPONDENTS
(BY SRI. M. VINODKUMAR, A.G.A. FOR R1, R3 & R4, SRI. G.V.SHASHIKUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA CO-
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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 ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. Rakshith Kumar, learned Advocate for the petitioners, Sri. M. Vinod Kumar, learned AGA for the State and Shri.G.V.Shashi Kumar, learned advocate for respondent No.2.
No costs.
hnm
Sd/JUDGE
1 issue framed by the court
Whether the present writ petition challenging Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act has become infructuous due to the completion of elections.
JOSEPH CRASTA S/O LYORIAINS CRASTA
STATE OF KARNATAKA
STATE CO-OPERATIVE ELECTION COMMISSION
GANJIMATA VYAVASAYA SEVA SAHAKARI SANGHA NI.
P. S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
