In a writ petition challenging the Karnataka Co-operative Societies Act and seeking inclusion of petitioners as voters in bank elections, the single judge dismissed the petition as infructuous because elections had already been conducted by the respondent bank.
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 22ND DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION NO.4520 OF 2020 (CS-EL/M)
BETWEEN:
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103. SHOBARANI S.
W/O. SHIVAKUMAR, AGED ABOUT 48 YEARS, NO.2425, 1ST ‘A’ CROSS, E BLOCK, SAHAKARANAGAR, BANGALORE-560092, M00000006569.
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W/O. KRISHNAPPA, AGED ABOUT 48 YEARS, 8TH CROSS, NEAR MUNESHWARA TEMPLE, MAGADI ROAD, K. P. AGRAHARA, BANGALORE-560023, M00000005327.
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113. SATISH M.
S/O. MALLAIAH, AGED ABOUT 39 YEARS, NO.15, 18TH CROSS, VICTORIA LAYOUT, K. P. AGRAHARA, MARIYAPPANA PALYA, BANGALORE-560023, M00000005403.
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S/O. RAMACHANDRA, AGED ABOUT 59 YEARS, NO.23/B 11TH ‘A’ MAIN, SHIVANAGAR, BANGALORE-560010, M00000006411.
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185. JAYARAM S.
S/O. LATE SIDDAIAH, AGED ABOUT 50 YEARS, NO.128/44, 8TH CROSS, MUNESHWARA TEMPLE ROAD, BHUVANESHWARI NAGAR, K. P. AGRAHARA, MAGADI ROAD, BANGALORE-560023, RM00009571.
W/O. SRIKANTHA, AGED ABOUT 51 YEARS, NO.15/7, 22ND CROSS, K. P. AGRAHARA, BANGALORE-560023.
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195. MARIYAPPA
S/O. MUDALIGIRIYAPPA, AGED ABOUT 51 YEARS, NO.7, 5TH MAIN, 16TH CROSS, K. P. AGRAHARA, BHUVANESHWARINAGAR, BANGALORE-560023, M00000002805.
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S/O. DEVENDRA, AGED ABOUT 52 YEARS, MARUTHI NILAYA, NO.105-Y, 4TH MAIN, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE, BANGALORE 560085, M00000002254.
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229. HANUMATHAIAH
S/O. ANANTH RAMAIAH, AGED ABOUT 51 YEARS, NO.40, 5TH CROSS, NEHRU ROAD, MANJUNATHA NAGAR, BANGALORE - 560026, M00000003224.
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| 241. | NARAYANA B. D. S/O. DAMODAR, AGED ABOUT 67 YEARS, NO.34/2, 2NDCROSS, CHOWLARPALYA, MAGADI ROAD, BANGALORE - 560023, M00000004045. |
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| 242. | LAXSHMINARAYANA D. S/O. HANUMAIAH, AGED ABOUT 65 YEARS, NO.12, 7THCROSS, NEHRU ROAD, NEW GUDDADAHALLI, BANGALORE - 560026, M00000004047. |
| 243. | MANJAPPA C. S/O. C. NANJAPPA, AGED ABOUT 62 YEARS, NO.29/1, ‘E’ STREET, NEHRU ROAD, GUDDADAHALLI, MYSORE ROAD, BANGALORE - 560026, M00000004056. |
| 244. | SHANKARA M. S/O. MADAIAH N., AGED ABOUT 57 YEARS, NO.2, 18THCROSS, K. P. AGRAHARA, BANGALORE - 560023, M00000004454. |
| 245. | SHIVANNA S. S/O. SIDDE GOWDA M., AGED ABOUT 35 YEARS, NO.40, 23RDCROSS, K.P. AGRAHARA, MARIYAPPANA PALYA, BANGALORE - 560023, M00000004145. |
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| 317. | RAJU N. S/O. NAGARAJ, AGED ABOUT 46 YEARS, NO.5, 11THCROSS, AGRAHARA DASARAHALLI, BANGALORE - 560079, RM00009810. |
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| 318. | MANJUNATH M. S/O. MURALI, AGED ABOUT 51 YEARS, NO.320, 3RDMAIN, 2NDCROSS, VIJAYANANDA NAGAR, BANGALORE - 560096, M00000006780. |
| 319. | CHANDRA S/O. OMKARAPPA, AGED ABOUT 46 YEARS, NO.3, K. E. B. COLONY, SUBRAMANYAPURA POST, BANGALORE - 560061, M00000006785. |
| 320. | BHAGYAMMA W/O. MURALIDHAR, AGED ABOUT 50 YEARS, NO.33, 9THCROSS, 1STMAIN, BAPUJI NAGAR, BANGALORE - 560026, M00000006786. |
| 321. | SANNAMMA K.N. W/O. KEDARAPPA, AGED ABOUT 45 YEARS, NO.40, ‘B’ FLOOR, S.R. NAGAR, 1STMAIN ROAD, BANGALORE - 560027, M00000006788. |
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353. RAVI B. S.
S/O. SAHUJAPPA B., AGED ABOUT 68 YEARS, NO.635, 46A CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE - 560010, M0000006841.
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381. RAVI H.
S/O. HUCHAPPA, AGED ABOUT 50 YEARS, NO.8, 3RD CROSS, 5TH MAIN, KAMALANAGAR, BANGALORE - 560079, M000000068.
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W/O. S.M. SOMASHEKARAPPA, AGED ABOUT 36 YEARS, NO.1793, LAKSHMIVENKATESHWARA NILAYA, 27TH CROSS, 34TH MAIN, SRIGANDHADHA KAVAL, BANGALORE - 560091, M00000005756.
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393. MALTHESH G.
S/O. GUDUDAPPA D., AGED ABOUT 42 YEARS, NO.1928, 5TH CROSS, 20TH MAIN, J. P. NAGAR 2ND PHASE, BANGALORE - 560078, RM00009689.
395. CHIKKAMMA
W/O. ANJANAPPA, AGED ABOUT 60 YEARS, NO.20/2, KASTHURABA NAGAR, BANGALORE - 560026, M00000003672.
396. MADAPPA
S/O. ANJANAPPA, AGED ABOUT 66 YEARS, NO.23, 1ST MAIN ROAD, MTS LAYOUT, KENGERI UPNAGAR, BANGALORE - 560060, M00000008374.
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398. MAHADEVA R.
S/O. RUDRAIAH, AGED ABOUT 47 YEARS, NO.1585/A, 26TH CROSS, 30TH MAIN, 2ND PHASE, BANASHANKARI, BANGALORE - 560070, RM00009977.
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S/O. SAMPATH, AGED ABOUT 53 YEARS, NO.27, 12TH CROSS, 1ST MAIN ROAD, BHUVANESHWARI NAGAR, BANGALORE - 560023, M00000009076.
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| 423. | GOWRISHANKAR S. |
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| S/O. SADASHAKSHARAIAH, AGED ABOUT 44 YEARS, NO.70, 2NDCROSS, HOSAGUDDADA HALLI, MYSORE ROAD, BANGALORE - 560026, M00000009101. |
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| 424. | RAMANATHA V. S/O. VEERAPPA, AGED ABOUT 34 YEARS, NO.3, 3RD‘C’ MAIN, 13THCROSS, CHOLURU PALYA, 1STMAIN ROAD, MAGADI ROAD, BANGALORE - 560023, M00000009154. |
| 425. | RAJU M. G. S/O. GANGADHARAIAH, AGED ABOUT 68 YEARS, NO.65/4, 1STCROSS, GOPALAPURA, MAGADI ROAD, BANGALORE - 560023, M00000009155. |
| 426. | PRASANNA KUMAR R. K. S/O. RAMAKRISHNA, AGED ABOUT 54 YEARS, NO.129, 14THMAIN, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560050, M00000009157. |
| 427. | VASU P. S/O. PANDURANGAPPA, AGED ABOUT 53 YEARS, NO.40, 3RDMAIN, 1STCROSS, RAMACHANDRA PURA, BANGALORE - 560021, M00000009158. |
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... RESPONDENTS
(BY SRI M. VINOD KUMAR, A.G.A., FOR R-1 & R-3 TO 5, SRI G.V. SHASHIKUMAR, ADV., FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE CONSTITUTION OF INDIA AND DIRECT RESPONDENT NOS.5 AND 6 TO CONDUCT ELECTIONS TO THE MANAGEMENT OF RESPONDENT NO.6-BANK BY INCLUDING THE NAMES OF ALL THE PETITIONERS AS VALID VOTERS SO FAR AS THE PETITITIONERS ARE CONCERNED.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Shri Sailesh S.K., learned Advocate for the petitioners, and Shri M. Vinod Kumar, learned Additional Government Advocate for the respondent-State.
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already been conducted. Therefore, this petition is rendered infructuous and accordingly, prayed for its dismissal. He undertakes to file a memo to this effect. Once the memo is received, the Registry shall keep the same in the record.
accordingly dismissed as having become infructuous.
No costs.
Sd/JUDGE
kvk
1 issue framed by the court
Whether the writ petition declaring sections of the Karnataka Co-operative Societies Act ultra vires and praying for voter inclusion can be entertained.
1 provisions across 1 enactments
Srinivas S/O. Venkatappa and others
State of Karnataka
The State Co-operative Election Commission
Sri Kalidasa Co-operative Bank Limited
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
