A writ petition filed under Articles 226 and 227 of the Constitution challenging an election notification was dismissed by the High Court as infructuous after the defending counsel submitted that the election had already been conducted.
The petition is dismissed as having become infructuous since elections have already been conducted. 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 21ST DAY OF JANUARY 2021
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.4215 OF 2020 (CS-EL/M)
BETWEEN :
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AGED ABOUT 50 YEARS SHARE NO. 1458
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AGED ABOUT 45 YEARS SHARE NO. 1124
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5
AGED ABOUT 45 YEARS SHARE NO. 1924
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| 45 | . SRI D RANGADHAMAIAH |
|---|---|
| S/O. DODDAIAH, AGED ABOUT 70 YEARS SHARE NO. 546 |
|
| 46 | . SRI. PUJAR MALLAIAH S/O. SAKRAMALLAIAH, AGED ABOUT 70 YEARS SHARE NO. 572 |
| 47 | . SRI. SYED SEER S/O. SYED KARIM, AGED ABOUT 55 YEARS SHARE NO. 685 |
| 48 | . SRI. NAGARAJ S/O. ERAMALLAIAH, AGED ABOUT 50 YEARS SHARE NO. 756 |
| 49 | . SRI. BUDDAJOGAIAH S/O. ERAMALLAIAH, AGED ABOUT 55 YEARS SHARE NO. 771 |
| 50 | . SMT. KENGAMMA W/O. BUDDAJOGAIAH, AGED ABOUT 50 YEARS SHARE NO. 772 |
| 51 | . SMT. MALLAKKA D/O. KAMAIAH, AGED ABOUT 65 YEARS SHARE NO. 788 |
| 52 | . SRI. KAMAIAH |
| S/O. KAMAIAH, AGED ABOUT 63 YEARS SHARE NO. 789 |
|
| 53 | . SRI SULAIAH S/O. PUTTAIAH, AGED ABOUT 70 YEARS SHARE NO. 924 |
| 54 | . SRI. CHIKKANNA |
| S/O. VEERANNA, |
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| AGED ABOUT 78 YEARS SHARE NO. 968 |
|
|---|---|
| 55 . | SRI HANUMANTHAIAH S/O. CHIKKERAPPA, AGED ABOUT 60 YEARS SHARE NO. 998 |
| 56 . | SRI. ELE CHIKKAIAH S/O. ESRA CHIKKANNA, AGED ABOUT 65 YEARS SHARE NO. 1048 |
| 57 . | SRI. MUTHURAJU S/O. LAKSHMAIAH, AGED ABOUT 60 YEARS SHARE NO. 1083 |
| 58 . | SRI. D.S. VASUDEVAMURTHY S/O. D.G. SUNDARRAJU, AGED ABOUT 45 YEARS SHARE NO. 1160. |
| 59 . | SMT. JAYAMMA W/O. RAJANNA D R, AGED ABOUT 60 YEARS SHARE NO. 1165 |
| 60 . | SRI. MAHABOOB PASHA S/O. SYED KARIM, AGED ABOUT 45 YEARS SHARE NO. 1252 |
| 61 . | SRI. C. JAYANNA S/O. CHIKKAKARIYANNA, AGED ABOUT 50 YEARS SHARE NO. 1505 |
| 62 . | SMT. LALITHAMMA W/O. RAMACHANDRAIAH, AGED ABOUT 50 YEARS SHARE NO. 1513 |
| 63 . | SMT. RATHNAMMA D/O. CHIKKANNA, AGED ABOUT 52 YEARS SHARE NO. 1525 |
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AGED ABOUT 60 YEARS SHARE NO. 1925
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AGED ABOUT 60 YEARS SHARE NO. 993
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PETITIONERS NO.1 TO 101 ARE THE MEMBERS OF PRATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NIYAMITHA, DEVALAPURA, KORA HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 102 …PETITIONERS
(BY SHRI.M.N.MADHUSUDHAN, ADVOCATE)
AND :
1 . THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT VIDHANA SOUDHA, REPRESENTED BY ITS PRINCIPAL SECRETARY, BANGALORE - 560001. 2 . THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC, A BLOCK, SHANTHINAGAR, BANGALORE-560027. REP. BY ITS SECRETARY. 3 . THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKAR ROAD, BANGALORE - 560001. 4 . THE RETURNING OFFICER PRATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NIYAMITHA, DEVALAPURA, KORA HOBLI AND OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TUMAKURU, TUMAKURU TALUK, 5 . PRATHAMIKA PATHINA SAHAKARA SANGHA NIYAMITHA DEVALAPURA, KORA HOBLI, TUMAKURU TALUK, . TUMAKURU DISTRICT-572 102 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS
(BY SMT.NILOUFER AKBAR, AGA FOR R1, 3 & 4; SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELECTION NOTIFICATION NOTICE DATED 03.02.2020 ISSUED BY THE R-4 ON THE ORDERS OF THE R-2 AS PER ANNEXURE-A AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Learned advocate for the petitioners submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo of even date to the said effect. Memo be kept in record.
2. In the circumstance, this petition is dismissed as having become infructuous.
No costs.
Sd/JUDGE
AV
1 issue framed by the court
Whether to allow or dismiss a writ petition filed under Articles 226 and 227 seeking to quash an election notification.
2 provisions across 1 enactments
BOJKUMAR S/O. NANJEGOWDA and 100 Others
THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT
THE STATE CO-OPERATIVE ELECTION COMMISSION
REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA
THE RETURNING OFFICER
PRATHAMIKA PATHINA SAHAKARA SANGHA NIYAMITHA
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
