The petition concerning voting rights in cooperative society elections was dismissed as infructuous after the elections had been conducted. Liberty was reserved to seek revival of the petition.
Liberty reserved to petitioners to seek revival of the petition.
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 26TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No. 7264 OF 2021 (CS-EL/M)
BETWEEN :
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HIRISAVE HOBLI
CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124.
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HASSAN DISTRICT-573 124.
4
5
AGED ABOUT 57 YEARS CHOLAMBALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
6
MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
26. SMT.NANAJAMMA
28. SRI.MADHU
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
8
9
AGED ABOUT 39 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
10
MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
47. SRI.SHIVAPPA
48. SRI.YOGISHA
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
12
13
AGED ABOUT 40 YEARS BOMMENAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
14
MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
16
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AGED ABOUT 51 YEARS BOMMENAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
89. SRI.SHANKAREGOWDA
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
20
101. SRI.DILIP
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AGED ABOUT 38 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
22
MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
110. SMT.YASHODHAMMA
W/O RAMEGOWDA AGED ABOUT 48 YEARS BOMMENAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
112. SRI.MOHAN
S/O RAMEGOWDA AGED ABOUT 58 YEARS BOMMENAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
24
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AGED ABOUT 58 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
126. SMT.KAMALAMMA
W/O JAYARAM AGED ABOUT 40 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
W/O DEVARAJ AGED ABOUT 44 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
130. SRI CHANDRASHEKAR
S/O L.RAJAPPA AGED ABOUT 58 YEARS AYARAHALLI VILLAGE
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MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
131. SRI.A.B.NAGARAJU
S/O BYREGOWDA AGED ABOUT 52 YEARS AYARAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
28
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AGED ABOUT 55 YEARS B.G.KOPPALU VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
152. SMT.SHANTHAMMA
W/O SIDDEGOWDA AGED ABOUT 46 YEARS AYARAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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| 162. | SMT.RENUKA |
|---|---|
| W/O MANJEGOWDA | |
| AGED ABOUT 38 YEARS | |
| AYARAHALLI VILLAGE | |
| MATHIGHATTA POST | |
| HIRISAVE HOBLI | |
| CHANNARAYAPATNA TALUK | |
| HASSAN DISTRICT-573 124 |
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AGED ABOUT 40 YEARS AYARAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
S/O NANJEGOWDA AGED ABOUT 47 YEARS AYARAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
172. SRI.KARTHIK
S/O MANJUNATH AGED ABOUT 57 YEARS ARAKERE VILLAGE
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MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
173. SRI.ANAND
S/O BOREGOWDA AGED ABOUT 57 YEARS AYARAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
35
CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
36
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AGED ABOUT 53 YEARS CHOLAMBALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
189. SRI.JAYAPAL
191. SRI DHARMARAJ
S/O CHANNEGOWDA AGED ABOUT 41 YEARS CHOLAMBALLI VILLAE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
194. SMT THANGAMMA
W/O RANGEGOWDA AGED ABOUT 50 YEARS S K PURA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
40
205. SMT SUNDRAMMA
W/O AMASAIAH AGED ABOUT 40 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
206. SMT MANJULA
W/O SHANKARAPPA AGED ABOUT 38 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
207. SMT LAKSHMAMMA
W/O MANJEGOWDA AGED ABOUT 40 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
208. SRI NINGAPPA
S/O THAMMAIAH AGED ABOUT 45 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
41
42
AGED ABOUT 40 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
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MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
220. SRI KIRAN KUMAR
S/O CHANNAVEEREGOWDA AGED ABOUT 50 YEARS AYARAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
221 SRI MANU
S/O NAGEGOWDA AGED ABOUT 42 YEARS MATHIGHATTA VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124
222. SRI NAGEGOWDA
44
HIRISAVE HOBLI
CHANNARAYAPATNA TALUK
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ARAKERE VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
231. SRI HARISH
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AGED ABOUT 59 YEARS SUBBANAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
47
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258. SRI SAGAR
S/O B C DEVARAJEGOWDA AGED ABOUT 53 YEARS ARAKERE VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK 259. SMT R N MEENAKSHI W/O MUDDEGOWDA AGED ABOUT 56 YERS ARAKERE VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
50
51
HASSAN DISTRICT-573 124
52
CHANNARAYAPATNA TALUK
53
HIRISAVE HOBLI CHANNARAYAPATNA TALUK
54
MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
285. SMT LALITHA
CHANNARAYAPATNA TALUK
287. SRI GOPAL
288. SMT INDRAMMA
55
B.G.KOPPALU VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
CHANNARAYAPATNA TALUK
56
AGED ABOUT 42 YEARS SUBBANAHALLI VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
297. SRI A M PRAKASH
300. SRI ASHOK
S/O RAJANNA AGED ABOUT 44 YEARS ARAKERE VILLAGE MATHIGHATTA POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK
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60
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(BY SHRI.M.VINOD KUMAR, AGA FOR R1, R3, R4 AND R5; SHRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE 97THE AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, ON THIS DAY, THE COURT MADE THE FOLLOWING:
70
ORDER
Learned AGA submits that in this petition, petitioners have prayed for only voting rights. Elections have been conducted and nothing further survives for consideration. His submission is placed on record.
No costs.
Sd/JUDGE
AV
1 issue framed by the court
Did the petition concerning voting rights survive after the elections had been conducted?
CHIKKEGOWDA
THE STATE OF KARNATAKA
THE STAET CO-OPERATIVE ELECTION COMMISSION
DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER HASSAN DISTRICT
THE JOINT COMMISSIONER OF COOPERATIVE SOCIETIES HASSAN DIVISION
RETURNING OFFICER PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA, MATHIGHATTA
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
