Writ petition seeking a declaration that Section 20(2)(a-iv) and (a-v) of the Karnataka Cooperative Societies Act is ultra vires Articles 243ZI and 243ZO. Since the co-operative society's elections had already been conducted, counsel sought dismissal and the petition was dismissed as having become 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 22ND DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION NO.639 OF 2021 (CS-EL/M)
BETWEEN:
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AGED ABOUT 56 YEARS, MEMBER NO.285 RESIDING AT KEREMOOLE HOUSE NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
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AGED ABOUT 55 YEARS, MEMBER NO.308 RESIDING AT KOROTHODI HOUSE NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248.
SULLIA TALUK, D.K. - 574248.
AGED ABOUT 68 YEARS, MEMBER NO.315 RESIDING AT ADIKEHITHLU HOUSE
NELLUR KEMRAJE VILLAGE & POST SULLIA TALUK, D.K. - 574248.
SULLIA TALUK, D.K. - 574248.
AGED ABOUT 56 YEARS, MEMBER NO.319 RESIDING AT SULLI HOUSE
NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248.
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NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
AGED ABOUT 75 YEARS, MEMBER NO.391 RESIDING AT ATTIMARADKA HOUSE NELLUR KEMRAJE VILLAGE & POST SULLIA TALUK, D.K. - 574248.
NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
AGED ABOUT 55 YEARS, MEMBER NO.402 RESIDING AT YERMETTY HOUSE
NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
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NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248.
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SULLIA TALUK, D.K. - 574248.
S/O. KALALAT AGED ABOUT 53 YEARS, MEMBER NO.533 RESIDING AT SULLI HOUSE
NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248.
S/O. GOVINDA NAYAK AGED ABOUT 57 YEARS, MEMBER NO.542 RESIDING AT KILARKAJ HOUSE
NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
NELLUR KEMRAJE VILLAGE & POST SULLIA TALUK, D.K. - 574248.
AGED ABOUT 48 YEARS, MEMBER NO.553 RESIDING AT GATTIGAR HOUSE NELLUR KEMRAJE VILLAGE & POST SULLIA TALUK, D.K. - 574248.
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SULLIA TALUK, D.K. - 574248.
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NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
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W/O. SHIVAPPA GOWDA AGED ABOUT 65 YEARS, MEMBER NO.1126 RESIDING AT SULLI GUDDE HOUSE NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248.
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W/O. SATHYANARAYANA BHAT AGED ABOUT 50 YEAS, MEMBER NO.1136 RESIDING AT KODAPALA HOUSE NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
W/O. SHANKARNARAYANA BHAT AGED ABOUT 65 YEARS, MEMBER NO.1150 RESIDING AT KILARKAJE HOUSE NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
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AGED ABOUT 38 YEARS, MEMBER NO.768 RESIDING AT KEREMOOLE HOUSE
NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248.
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| 341. | SRI. PRAJWAL M S/O. ECHAPPA NAYAK G AGED ABOUT 33 YEARS, MEMBER NO.1272 RESIDING AT MAPALAKAJE HOUSE NELLUR KEMRAJE VILLAGE & BOLLAJE POST SULLIA TALUK, D.K. - 574248. |
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| 342. | SRI. PURUSHOTHAMA S S/O. GURUVA AGED ABOUT 33 YEARS, MEMBER NO.1361 RESIDING AT SULLI GUDDE HOUSE NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248. |
| 343. | SRI. KESHAVA S S/O. CHOMA AGED ABOUT 31 YEARS, MEMBER NO.1362 RESIDING AT NARNAKAJE HOUSE NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248. |
| 344. | SRI. KUSHALAPPA D S/O. PODIYA AGED ABOUT 30 YEARS, MEMBER NO.1363 RESIDING AT DASANAKAJE HOUSE NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248. |
| 345. | SRI. PRASHANTHA S S/O. DOOJA S AGED ABOUT 30 YEARS, MEMBER NO.1373 RESIDING AT SULLI DASANAKAJE HOUSE NELLUR KEMRAJE VILLAGE & DODDATHOTA POST SULLIA TALUK, D.K. - 574248. |
| 346. | SRI. MONAPPA S/O. CHOMA AGED ABOUT 48 YEARS, MEMBER NO.1410 RESIDING AT HOTTUCHODI HOUSE NELLUR KEMRAJE VILLAGE & POST SULLIA TALUK, D.K. - 574248. |
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(BY SRI RAKSHITH KUMAR, ADV.)
AND:
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... RESPONDENTS
(BY SMT. RASHMI PATIL, H.C.G.P., FOR R-1 & 3; SRI G.V. SHASHIKUMAR, ADV., FOR R-2)
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) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243 ZI AND 243 ZO OF THE CONSTITUTION OF INDIA, AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Shri Rakshith Kumar, learned Advocate for the petitioners, and Smt. Rashmi Patil, learned High Court Government Pleader for the respondent-State.
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have already been conducted. Therefore, this petition is rendered infructuous and accordingly, prayed for its dismissal. He has filed a memo of even date 22-1-2021 to the said effect. Memo is placed on record.
accordingly dismissed as having become infructuous.
No costs.
JUDGE
kvk
3 provisions across 2 enactments
Sri. Ravikumar M
Sri. Madhava Rao S
Sri. G S Ubaradka
The State of Karnataka
The State Co-operative Election Commission
Nellur Kemraje 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
