The constitutional challenge to provisions of the Karnataka Cooperative Societies Act was dismissed as infructuous after the elections had been conducted. No costs were 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 22ND DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION NO.734 OF 2021 (CS-EL/M)
BETWEEN:
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100. RATHNAVATHI M.
W/O. NARAYANA GOWDA AGED ABOUT 48 YEARS RESIDING AT MANDRAPPADY HOUSE NELLURU KEMRAJE VILLAGE SULLIA TALUK-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.599)
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123. GANGAMMA
W/O. RAMANNA GOWDA AGED ABOUT 56 YEARS RESIDING AT GUDDANAMANE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.697)
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W/O. RAJESH AGED ABOUT 38 YEARS RESIDING AT OTTICCHODI HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.907)
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W/O. DHARMAPALA GOWDA S. AGED ABOUT 49 YEARS RESIDING AT SULLI HOTTICHHODI NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.919)
W/O. GANGADHARA GOWDA AGED ABOUT 46 YEARS RESIDING AT GATTIGARU HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.921)
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D/O. KESHAVA GOWDA AGED ABOUT 35 YEARS RESIDING AT MANDRAPPADIDI HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.982)
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W/O. VEERAPPA GOWDA AGED ABOUT 60 YEARS RESIDING AT YELIMALE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1000)
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209. JANARDHANA
S/O. KRISHNAPPA GOWDA AGED ABOUT 50 YEARS RESIDING AT GUDDANAMANE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1009)
W/O. NARAYANA GOWDA AGED ABOUT 49 YEARS RESIDING AT YETTHINAHOLE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1010)
W/O. JANARDHANA GOWDA AGED ABOUT 35 YEARS RESIDING AT CHENNADKA HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1016)
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227. NANDHINI
W/O. PADHMAYYA GOWDA AGED ABOUT 38 YEARS RESIDING AT OTEJHARI HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1128)
S/O. HOVAPPA GOWDA AGED ABOUT 35 YEARS RESIDING AT YETTHINAHOLE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1131)
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W/O. CHAGAPPA GOWDA P.C. AGED ABOUT 50 YEARS RESIDING AT NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1142)
231. VIJAYA
W/O. NAGARAJA AGED ABOUT 30 YEARS RESIDING AT KEPALAKAJE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1151)
232. VARIJAKSHI B.T.
W/O. THILOS KUMAR AGED ABOUT 32 YEARS RESIDING AT CHAKOTEMOOLE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1154)
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W/O. GANESH RAI A. AGED ABOUT 35 YEARS RESIDING AT ALPE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1182)
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W/O. KARUNAKARA K. AGED ABOUT 35 YEARS RESIDING AT ALPEI HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1202)
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S/O. NARAYANA GOWDA A. AGED ABOUT 40 YEARS RESIDING AT YETTHINAHOLE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1254)
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W/O. RAMESHA AGED ABOUT 23 YEARS RESIDING AT DASANAKAJE HOUSE, DODDATHOTA NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1425)
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S/O. NARNAPPA GOWDA AGED ABOUT 40 YEARS RESIDING AT CHENNAGIRI HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.593)
S/O. ODI MERA AGED ABOUT 40 YEARS RESIDING AT DASANAKAJE HOUSE NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.663)
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320. GURUVA
S/O. AITHA AGED ABOUT 28 YEARS RESIDING AT MAYILA KAJE HOUSE NELLURU KEMRAJE POST AND VILLAGE
SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1473)
W/O. PERNA MUGERA S. AGED ABOUT 25 YEARS RESIDING AT DASANA KAJE HOUSE, DODDATHOTA NELLURU KEMRAJE POST AND VILLAGE SULLIA-574 248 DAKSHINA KANNADA DISTRICT (MEMBERSHIP NO.1474). ... PETITIONERS (BY SRI B. VIJAY SHETTY, ADVOCATE)
AND:
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... RESPONDENTS
(BY SMT. RASHMI PATIL, H.C.G.P., FOR R-1, 3 & 4; SRI G.V. SHASHIKUMAR, ADVOCATE, 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 KARNATAKA COOPERATIVE SOCIETIES ACT, 1959, ARE ULTRA VIRUS 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 B. Vijay Shetty, 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
HARIPRASAD B.V.
THE STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAKSHINA KANNADA DISTRICT
THE RETURNING OFFICER FOR NELLURU KEMRAJE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD.
NELLURU 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
