A writ petition challenging specific sections of the Karnataka Co-operative Societies Act was dismissed as the court held it had become infructuous due to the completion of elections.
None. Petition 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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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.5920 OF 2020 (CS-EL/M)
BETWEEN :
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MEMBERSHIP NO.120
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17. SRI DEVARAJA
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MEMBERSHIP NO.620
PETITIONERS 25 TO 32 ARE RESIDING AT SULAGODU VILLAGE MUTHURU POST PIRIYAPATNA TALUK MYSORE DISTRICT-571107
PETITIONERS 33 TO 36 ARE RESIDING AT KOGILAVAWI VILLAGE CHOWTHI POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
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PETITIONERS 37 TO 44 ARE RESIDENT OF AYARABIDU VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
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AGED ABOUT 48 YEARS MEMBERSHIP NO.649 49. SRI DINAKARA K A S/O APPACHA K T AGED ABOUT 45 YEARS MEMBERSHIP NO.84
PETITIONERS 45 TO 49 ARE RESIDENT OF KOGILAVADI VILLAGE CHOWTHI POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
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MYSORE DISTRICT-571107
| 55. | SRI SANNAKALAIAH |
|---|---|
| S/O DEVAIAH AGED ABOUT 60 YEARS MEMBERSHIP NO.654 |
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| 56. | SMT THAYAMMA W/O BASAVANAYAKA AGED ABOUT 53 YEARS MEMBERSHIP NO.658 |
| PETITIONERS 55 & 56 ARE RESIDENT OF CHOWTHI VILLAGE CHOWTHI POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107 |
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| 57. | SRI PARAMESHWARA N A S/O APPANNA M N AGED ABOUT 49 YEARS MEMBERSHIP NO.478 |
| 58. | SRI NANJAPPA C U S/O UTHAIAH C N AGED ABOUT 49 YEARS MEMBERSHIP NO.467 |
| 59. | SRI KALAIAH C M S/O MADAPPA C N AGED ABOUT 66 YEARS MEMBERSHIP NO.400 |
| 60. | SMT KAVERAMMA C K S/O KURUMBAIAH C M AGED ABOUT 55 YEARS MEMBERSHIP NO.466 |
| 61. | SRI JADIYAIAH S/O THALEGEDARAIAH AGED ABOUT 70 YEARS MEMBERSHIP NO.495 |
| 62. | SRI RAJU S/O BYRAIAH |
| AGED ABOUT 52 YEARS | |
| MEMBERSHIP NO.494 |
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65. SRI HARISH K.U
S/O UTTHAPPA K.V AGED ABOUT 58 YEARS MEMBERSHIP NO.492
PETITIONERS 57 TO 65 ARE RESIDENT OF LINGAPURA VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
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72. SRI ASHOK
73. SMT GANGAMMA
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PETITIONERS 78 AND 80 ARE RESIDING AT RAJEEV VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
PETITIONERS 81 AND 82 ARE RESIDING AT KALETHIMMANAHALLI VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
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PETITIONERS 84 AND 85 ARE RESIDENT OF MUTHURU VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
86. SMT JANAKI K B
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| 95. | MEMBERSHIP NO.785 SRI THIMMAIAH M L S/O LAKSHMANA M S AGED ABOUT 70 YEARS MEMBERSHIP NO.714 |
|---|---|
| 96. | SMT MANJULA W/O ANNEGOWDA AGED ABOUT 41 YEARS MEMBERSHIP NO.784 |
| 97. | SRI DEVIPRASAD M P S/O THIMMAIAH M L AGED ABOUT 35 YEARS MEMBERSHIP NO.802 |
| 98. | SRI SUBBAIAH M R S/O RAMANNA M S AGED ABOUT 68 YEARS MEMBERSHIP NO.805 |
| 99. | SMT DEVAMMA K U W/O UDAYAKUMAR K P AGED ABOUT 53 YEARS MEMBERSHIP NO.806 |
| 100. | SRI CHANGAPPA M G S/O GANAPATHI N AGED ABOUT 52 YEARS MEMBERSHIP NO.707 |
| 101. | SMT MEENA M V W/O VIJAYA M L AGED ABOUT 52 YEARS MEMBERSHIP NO.708 |
| 102. | SMT PARVATHAMMA W/O V V MARIYAPPA AGED ABOUT 74 YEARS MEMBERSHIP NO.725 |
| PETITIONERS 86 TO 102 ARE RESIDENT OF KALETHIMMANAHALLI VILLAGE UTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107 |
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AGED ABOUT 55 YEARS MEMBERSHIP NO.387
PETITIONERS 103 TO 112 ARE RESIDENT OF MAGADI VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
| 116. | KUMARI |
|---|---|
| D/O RANGEGOWDA | |
| AGED ABOUT 48 YEARS | |
| MEMBERSHIP NO.355 |
| 117. | SMT AKKAMMA W/O ANNAIAH |
|---|---|
| AGED ABOUT 45 YEARS | |
| MEMBERSHIP NO.390 | |
| 118. | SMT JANAKAMMA W/O SANNAKALEGOWDA |
| AGED ABOUT 62 YEARS | |
| MEMBERSHIP NO.348 |
| 119. | SMT KALAMMA |
|---|---|
| W/O MALLEGOWDA | |
| AGED ABOUT 68 YEARS | |
| MEMBERSHIP NO.324 |
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PETITIONERS 127 TO 133 ARE RESIDENT OF MUTHURU VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107 134. SRI GOVINDANAYAKA S/O THIMMANAYAKA AGED ABOUT 62 YEARS MEMBERSHIP NO.891 135. SRI YOGESHA S/O HANUMANAYAKA AGED ABOUT 40 YEARS MEMBERSHIP NO.540
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PETITIONERS 134 AND 135 ARE RESIDENT OF RAJEEV VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107
W/O GANGADHARAN V N AGED ABOUT 70 YEARS RESIDENT OF RAJEEV VILLAGE MUTHURU POST, PIRIYAPATNA TALUK MYSORE DISTRICT-571107 MEMBERSHIP NO.825 …PETITIONERS
(BY SHRI. KESHAVA MURTHY.B, ADVOCATE)
AND :
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REP BY ITS CHIEF EXECUTIVE OFFICER ….RESPONDENTS
(BY SHRI. M.VINODKUMAR, AGA FOR R1, R3 & R4) SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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 PRELIMINARY HEARING, ON 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.
No costs.
Sd/JUDGE
AV
Sri Virupaksha
The State of Karnataka
M/s Muttur Primary Agricultural Credit Co-Op Society
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
