A writ petition challenging the constitutional validity of specific provisions of the Karnataka Co-operative Societies Act was filed under Articles 226 and 227 of the Constitution of India.
The writ petition was dismissed as infructuous
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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DATED THIS THE 3RD DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.569 OF 2020 (CS-EL/M)
BETWEEN :
S/O SHIVALINGAIAH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI,
MANDYA TALUK AND DIST.
2 . YASHODAMMA W/O SHIVALINGAIAH,AGED ABOUT 65 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
3 . CHIKKATHAYAMMA W/O KADITHIMMEGOWDA, AGED ABOUT 70 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
4 . DODDATHAYAMMA W/O MAHALINGAIAH, AGED ABOUT 65 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
5 . CHIKKALINGAMMA W/O KARIGOWDA, AGED ABOUT 68 YEARS, R/AT MARAGOWDANAHALLI VILLAGE,
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KERAGODU HOBLI, MANDYA TALUK AND DIST.
7 . SHIVALINGEGOWDA S/O USHENI KEMPEGOWDA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
S/O KARIGOWDA, AGED ABOUT 50 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
10 . M SHEKAR S/O MUTHAIAH, AGED ABOUT 60 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
11 . JAYAMMA
W/O DODDAMUDDEGOWDA @ MOLE, AGED ABOUT 68 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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AGED ABOUT 60 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
13 . SIDDALINGAIAH S/O BASAVAIAH, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
15 . CHANNAMMA W/O GOPEGOWDA, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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21 . B K KALPANA W/O K PANCHALINGAIAH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
22 . BHAGYAMMA D/O THIMMEGOWDA, AGED ABOUT 68 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
23 . MANJULA W/O PANCHALINGAIAH (GURUGOPANA), AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
24 . SINGRIGOWDA S/O CHANNEGPWDA @ KAPREGOWDA, AGED ABOUT 60 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
25 . SHANTHAMMA W/O SHIVARAMU, AGED ABOUT 65 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI,
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MANDYA TALUK AND DIST.
26 . NAGARAJU S/O SHIVALINGAIAH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
27 . K N MOHANKUMAR S/O K R NARASIMHAIAH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
28 . RATHNAMMA W/O SHEKARA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
29 . BHAGYAMMA W/O KENCHEGOWDA, AGED ABOUT 70 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
30 . JAYAMMA D/O KENCHEGOWDA, AGED ABOUT 68 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
31 . LALITHAMMA D/O KENCHEGOWDA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
32 . SARASHI D/O MUDALAGIRISHETTY, AGED ABOUT 62 YEARS,
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R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
33 . VIJAYA S/O MUDALAGIRISHETTY, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
36 . DASHI D/O DASAIAH, AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HIBLI, MANDYA TALUK AND DIST.
37 . N D HAMSHAVENI W/O M G RAMACHANDRA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HIBLI, MANDYA TALUK AND DIST.
38 . SHANTHAMMA W/O KRISHNACHARI, AGED ABOUT 65 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HIBLI, MANDYA TALUK AND DIST.
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W/O ARMUGAM, AGED ABOUT 36 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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46 . SARASAMMA W/O MANI, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
47 . RAMESHA S/O SHIVALINGAIAH, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
48 . M C CHANNEGOWDA S/O CHIKKANATHEGOWDA, AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
49 . NINGAMMA W/O GOPEGOWDA, AGED ABOUT 65 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
50 . M C RAJANNA S/O CHIKKANATHEGOWDA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
51 . BALARAMU S/O MUDDEGOWDA @ MOTAPPA, AGED ABOUT 53 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
52 . NAGAMMA W/O CHIKKAKEMPAIAH, AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE,
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KERAGODU HOBLI, MANDYA TALUK AND DIST.
53 . KALEGOWDA S/O CHIKKANATHEGOWDA, AGED ABOUT 52 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
54 . SUNANDAMMA W/O NARAYANAGOWDA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
55 . GOWRAMMA W/O GOPALA (MALEBETNA) AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
56 . GOWRAMMA W/O VENKATARAMU, AGED ABOUT 68 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 57 . M C JAYARAMU S/O CHANNEGOWDA, AGED ABOUT 58 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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AGED ABOUT 58 YEARS R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
60. SHIVAMMA
W/O M C GUNDAIAH AGED ABOUT 48 YEARS R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
62. SHANKARA
64. GOPALA
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KERAGODU HOBLI, MANDYA TALUK AND DIST.
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AGED ABOUT 37 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
| 80. PUTTA |
THAYAMMA |
|---|
W/O CHI || HO || VENKATESHA AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
83 . S K RAJANNA S/O KADEGOWDA, AGED ABOUT 50 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
84 . SOMANNA S/O THIMMAIAH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
85 . LEELAMMA W/O MAHADEVU (ALEMANE), AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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86 . YASHODA W/O VIJAYASHANKAR, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 87 . GAYATHRI W/O M NAGARAJU (SWAMY) AGED ABOUT 40 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 88 . SUDHA W/O KRISHA (SWAMIJI),AGED ABOUT 51 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 89 . DHANANJAYA S/O YA II GOPAIAH, AGED ABOUT 37 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 90 . MANJULA W/O PRASAD, AGED ABOUT 42 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
91 . MANGALA W/O M C YOGARAJU, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 92 . M P MOHANKUMAR S/O MADIGOPANA PANCHALINGAIAH, AGED ABOUT 43 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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93 . SHANKARA S/O LALITHAMMA II U II RAJANAA, AGED ABOUT 40 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
94 . SUJATHA W/O CHANDRASHEKAR, AGED ABOUT 38 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
95 . K PURUSHOTAM RAJU S/O K KRISHNAPPA, AGED ABOUT 52 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
96 . M UMESH S/O K MUDDALINGAIAH, AGED ABOUT 44 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
97 . T VENKATESH S/O K MUDDALINGAIAH, AGED ABOUT 52 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
98 . SUDHA D/O SANDHI HUCHNA NINGAIAH, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
99 . SHYLAJA W/O SHIVARAMU (PARADODDA) AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE,
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KERAGODU HOBLI, MANDYA TALUK AND DIST. 100 . M SHAKUNTALA D/O USHANI MARIGOWDA, AGED ABOUT 44 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
101 . SAVITHA W/O M N RAMAKRISHNA,AGED ABOUT 43 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 102 . SANTHOSHA S/O HONNAGIRIGOWDA, AGED ABOUT 36 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 103 . CHUNCHA SHETTY S/O CHIKKASHETTY, AGED ABOUT 40 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 104 . M L NANDISHA S/O SINGRIGOWDA,AGED ABOUT 38 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
105 . CHANDRA S/O DHO II GO II THAMMEGOWDA, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
106 . S M SHANKAREGOWDA S/O MAHDHEGOWDA, AGED ABOUT 43 YEARS, R/AT MARAGOWDANAHALLI VILLAGE,
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KERAGODU HOBLI, MANDYA TALUK AND DIST.
107 . P KIRAN S/O PANCHALINGAIAH II PA II, AGED ABOUT 38 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
108 . PRAKASH S/O GURUOPNA KARIGOWDA, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
109 . M N KEMPEGOWDA S/O NARAYAN GOWDA (KALAIAH) AGED ABOUT 38 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
110 . GURUBASAVACHARI S/O PUTTASOMACHARI, AGED ABOUT 62 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
112 . SHANKARACHARI S/O PUTTACHARI, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
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113 . M C PRAKASH S/O CHIKKAMUDDEGOWDA, AGED ABOUT 48 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
114 . M C LOKESH S/O CHIKKALINGEGOWDA, AGED ABOUT 43 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
115 . M J RAMEGOWDA S/O JAVAREGOWDA, AGED ABOUT 55 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 116 . M L YOGESHA S/O LINGEGOWDA, AGED ABOUT 38 YEARS, R/AT SHIVARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
117 . B K SOWMYA W/O M D RAMESHA, AGED ABOUT 35 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
118 . SRINIVASA S/O MUTTAIAH, AGED ABOUT 45 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST. 119 . PADMAVATHI W/O SRINIVASU, AGED ABOUT 40 YEARS, R/AT MARAGOWDANAHALLI VILLAGE,
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KERAGODU HOBLI, MANDYA TALUK AND DIST.
120 . SHOBHA W/O M K JAGADISHA, AGED ABOUT 39 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST.
…PETITIONERS
(BY SHRI B.RAVINDRA PRASAD, ADVOCATE)
AND :
1 . THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANASOUDHA, BENGALURU-560001 2 . THE CO-OPERATIVE ELECTION AUTHORITY AND THE ELECTION AUTHORITY FOR CONDUCTING ELECTION TO THE MANDYA DIST. CO-OPERATIVE PRIMARY AGRICULTURAL CREDIT CO-OP SOCIETY LTD. MANDYA - 571401 3 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA-571401 4 . MARAGOWDANAHALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. REP. BY ITS CHIEF EXECUTIVE OFFICER, HAVING ITS OFFICE AT MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK AND DIST-571401 …RESPONDENTS
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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 ORDERS , 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.
having become infructuous.
No costs.
Sd/JUDGE
AV
2 issues framed by the court
Whether the petition challenging the constitutional validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act is maintainable during the pendency of elections.
Whether the writ petition is rendered infructuous due to the conduct of elections prior to the filing of the petition.
3 provisions across 2 enactments
1 . M S UMESHA and others
1 . THE STATE OF KARNATAKA
2 . THE CO-OPERATIVE ELECTION AUTHORITY
3 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA
4 . MARAGOWDANAHALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD.
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
