The High Court admitted a writ petition challenging the Karnataka Cooperative Societies Act on Article 226. The petitioners argued the Act infringed fundamental rights. On preliminary hearing, the court found the petition infructuous as elections were already conducted and dismissed it.
Petition dismissed as infructuous; no costs awarded.
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 6TH DAY OF APRIL 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.5962 OF 2021 (CS-EL/M)
BETWEEN :
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MYSORE- 571189
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15. BHAGYAMMA
4
MYSORE- 571189
5
MYSORE- 571189
27. ANANDA
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KARIMUDDENAHALLI HUNASURU TALUK
7
8
MYSORE- 571189
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KARIMUDDENAHALLI HUNASURU TALUK
MYSORE- 571189
55. RAMESHA
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63. GIRIGOWDA
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MYSORE- 571189
71. SHUBHASH
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HUNASURU TALUK
MYSORE- 571189
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AGED ABOUT 62 YEARS KARIMUDDENAHALLI HUNASURU TALUK
MYSORE- 571189
80. VARALAKSHMI
84. SAVITHA
14
15
MYSORE- 571189
16
BASAVANAHALLI HUNASURU TALUK
MYSORE- 571189
100. LAKSHMAMMA
W/O SUBBEGOWDA AGED ABOUT 65 YEARS KADUVADDRAGUDI HUNASURU TALUK MYSORE- 571189
101. MALLAPPA
S/O CHANNAPPA AGED ABOUT 65 YEARS G V GUDI, HUNASURU TALUK MYSORE- 571189
102. BASAVACHARI
MYSORE- 571189
103. KENDAGANNAPPA
MYSORE- 571189
104. KENDAGANAPPA
105. NAGAMMA
106. THIMMASHETTY
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| HUNASURU TALUK MYSORE- 571189 |
|
|---|---|
| 107. | RAMU S/O PANDURANGAIAH AGED ABOUT 40 YEARS DEVALAPURA HUNASURU TALUK MYSORE- 571189 |
| 108. | NINGEGOWDA |
|---|---|
| S/O KULLEGOWDA | |
| AGED ABOUT 60 YEARS | |
| KARIMUDDENAHALLI | |
| HUNASURU TALUK | |
| MYSORE- 571189 |
| 109. | RAMASWAMY |
|---|---|
| S/O CHINNASHETTY | |
| AGED ABOUT 45 YEARS | |
| BASAVANAHALLI | |
| HUNASURU TALUK | |
| MYSORE- 571189 |
| 110. | NAGAMMA |
|---|---|
| W/O SIDDEGOWDA | |
| AGED ABOUT 63 YEARS | |
| BASAVANAHALLI | |
| HUNASURU TALUK | |
| MYSORE- 571189 |
| 111. | DEEPU |
|---|---|
| S/O HONNEGOWDA AGED ABOUT 32 YEARS KARIMUDDENAHALLI HUNASURU TALUK MYSORE- 571189 |
|
| 112. | SHARADAMMA W/O K R SOMASHEAKRA |
| AGED ABOUT 50 YEARS KARIMUDDENAHALLI HUNASURU TALUK MYSORE- 571189 |
|
| 113. | N VASU S/O NARAYANAGOWDA |
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AGED ABOUT 34 YEARS KARIMUDDENAHALLI HUNASURU TALUK
MYSORE- 571189
114. SUMANTHA
S/O NAGARAJACHARI AGED ABOUT 36 YEARS KARIMUDDENAHALLI HUNASURU TALUK MYSORE- 571189
MYSORE- 571189
117. KENGAIAH
S/O HALAIAH AGED ABOUT 58 YEARS DEVAGALLI, HUNASURU TALUK MYSORE- 571189
118. CHENNAMMAL
W/O VELUSWAMY AGED ABOUT 55 YEARS DEVAGUDI, HUNASURU TALUK MYSORE- 571189
MYSORE- 571189
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AGED ABOUT 45 YEARS DEVAGALLI HUNASURU TALUK
MYSORE- 571189
121. SUBRAMANIRAJE URS
S/O NANJARAJE URS AGED ABOUT 55 YEARS DEVAGALLI HUNASURU TALUK
MYSORE- 571189
122. MAHADEVA
S/O CHIKKARANGAIAH AGED ABOUT 45 YEARS DEVAGALLI HUNASURU TALUK
MYSORE- 571189
123. SIDDAIAH
S/O DODDAMANTAIAH AGED ABOUT 55 YEARS DEVAGALLI HUNASURU TALUK MYSORE- 571189
125. SHELLAMMA
W/O SUBRAMANI TEVAR AGED ABOUT 59 YEARS DEVAGALLI, HUNASURU TALUK MYSORE- 571189
…PETITIONERS
(BY SHRI.RAJU C.N ADVOCATE)
AND :
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(BY SHRI.MADESHWARAN C.N AGA FOR R1 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20 (a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACTS 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 THIS DAY THE COURT MADE THE FOLLOWING:
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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
2 issues framed by the court
Whether the writ petition challenging the cooperation societies act provisions is maintainable when elections have already been conducted.
To declare which section of the Karnataka Cooperative Societies Act is ultra vires legislative competence.
2 provisions across 2 enactments
Narayanchari and Others
The State of Karnataka
The State Cooperative Election Authority
The Election Officer
The Primary Agricultural Credit Co-operative Society
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
