Petitioners challenged provisions of the Karnataka Cooperative Societies Act via Writ Petition under Articles 226 and 227, seeking a declaration on voting rights. Court dismissed the petition as infructuous because elections had been held and no further matter survived.
Petition dismissed as infructuous because elections had already been conducted.
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 23RD DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO. 4243 OF 2020 (CS-EL/M)
BETWEEN
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HEBBARABAILU HOUSE, PUTTUR TALUK 574201
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R/AT BAGINA MANE, BADDAKATTE POST, BANTWALA TALUK 574301
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| 22 . | SRI DEVARAJ A |
|---|---|
| S/O BATTA MOOLYA, | |
| AGED ABOUT 37 YEARS, RA/T PANJI GUDDE HOUSE, |
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| PADNUR POST, PUTTUR TALUK 574202 |
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| 23 . | SRI RAKESH BANGERA S/O KRISHNAPPA, AGED ABOUT 39 YEARS, R/AT SRI MANGALA NILAYA, ARYAPU, SAMPYA, PUTTUR TALUK 574202 |
| 24 . | SRI SHARATH S/O SUNDARA BANGERA. |
| AGED ABOUT 42 YEARS, | |
| R/AT MOTTETHADKA HOUSE, DARBE POST, KEMMINJE VILLAGE, |
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| PUTTUR TALUK 574201 | |
| 25 . | SRI DAYANANDA A BANGERA S/O ITHAPPA, AGED ABOUT 42 YEARS, |
| RA/T SAMRUDHI, NEAR ADARSHA HOSPITAL, |
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| PUTTUR KASABA, | |
| PUTTUR TALUK 574202 | |
| 26 . | SRI RAMANNA KULAL B S/O LATE AMMU KULAL, |
| AGED ABOUT 47 YEARS, R/AT BAPPALIGE HOUSE, |
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| PUTTUR, PUTTUR TALUK 574201 |
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| 27 . | SRI DINESH KULAL |
| S/O BATYAPPA MOOLYA, | |
| AGED ABOUT 44 YEARS, |
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R/AT PANJIGUDDE HOUSE, PADNUR POST AND VILLAGE, PUTTUR TALUK 574201
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KOLAMBILA HOUSE, BELLARE, SULLIA TALUK 574213. 46 . SRI CHENNAPPA KULAL S/O KITTI MOOLYA, AGED ABOUT 55 YEARS, PENNE HOUSE, BELLARE, SULLIA TALUK 574213.
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52 . YAMUNA D/O PARAMESHWARI, AGED ABOUT 55 YEARS, NETTARU HOUSE, BELLARE, SULLIA TALUK 574213.
54 . NEELAVATHI D/O KUNYANNA, AGED ABOUT 35 YEARS, CHAVADIBAGILU HOUSE, BELLARE, SULLIA TALUK 574213.
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MANIMAJALU HOUSE, BELLARE, SULLIA TALUK 574213.
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JAYANAGARA HOUSE, BELLARE, SULLIA TALUK 574213.
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78 . SRI DIVAKAR S/O DAYANANDA, AGED ABOUT 55 YEARS, NETTARU HOUSE, BELLARE, SULLIA TALUK 574213. ... PETITIONERS
(BY SRI. RANJITH K.S., ADVOCATE)
AND
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5 . KUMABAARA GUDI KAIGARIKA SAHAKARI SANGHA SAINKIKA BHAVAN ROAD, PUTTUR 574201. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3 AND R4 SRI. 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 COOPERATIVE SOCIETIES ACT BY R-5 VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. K.S. Ranjith, learned advocate for petitioners, Smt. Niloufer Akbar, learned AGA for respondents No.1, 3 & 4 and Sri. G.V. Shashikumar, learned counsel for respondent No.2.
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Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal.
No costs.
JUDGE
BVK
1 issue framed by the court
Whether Writ Petition under Articles 226 and 227 of the Constitution is maintainable regarding declaration of voting rights under Section 20 of the Karnataka Cooperative Societies Act.
2 provisions across 2 enactments
SRI.KRISHNAPPA M S/O KUNCHANNA MOOLYA AND OTHERS
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
