Dismissed

K B Jagadish v. the State of Karnataka

Karnataka HC22 Feb 2021WP/809/2020

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution of India, petitioners challenged the 97th Amendment to the Constitution as violating Article 368(2), the Basic Structure, and Article 246(3). The court held that since elections had already been conducted, the petition was rendered infructuous and was accordingly dismissed.

What did the court decide?

The writ petition was dismissed as having become infructuous. No costs awarded.

K B Jagadish Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF FEBRUARY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR

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W.P. NO.809 OF 2020 (CS-EL/M)

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BETWEEN :

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1 . K B JAGADISH K.B. JAGADISH, S/O BHADREGOWDA AGED ABOUT 42 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133

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2 . GAYATHRI

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W/O M.G. LAKSHMANRAO, AGED ABOUT 45 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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3 . M.P. SANDEEP

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S/O PUTTASWAMEGOWDA, AGED ABOUT 38 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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4 . RAMESHGOWDA S/O HULIYAPPAOWDA AGED ABOUT 44 YEARS,

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MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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5 . B.H.PARVATHEGOWDA, S/O UDDEGOWDA, AGED ABOUT 57 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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6 . K.J.SURESH, S/O JAVAREGOWDA AGED ABOUT 44 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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7 . MALLEGOWDA S/O GOWDEGOWDA, AGED ABOUT 65 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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8 . MAMATHA W/O NAGARAJ, AGED ABOUT 48 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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9 . RANGAMMA, W/O GANESH, AGED ABOUT 70 YEARS,

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MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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10 . K.K. BHAIREGOWDA

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S/O KRISHNEGOWDA, AGED ABOUT 52 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU

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TALUK AND DISTRICT- 577133.

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11 . M.P. KRISHNE GOWDA S/O PUTTAPPA, AGED ABOUT 48 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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12 . M.P. GOPAL S/O PUTTAPPA AGED ABOUT 58 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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13 . LATHA

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W/O LOKESH, AGED ABOUT 37 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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14 . SUDHA W/O DODEGOWDA

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AGED ABOUT 69 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU

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TALUK AND DISTRICT- 577133.

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15 . SANNABHADREGOWDA

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S/O JAVAREGOWDA, AGED ABOUT 70 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU

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TALUK AND DISTRICT- 577133.

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16 . M.D.DHARMEGOWDA, S/O DODDEGOWDA, AGED ABOUT 48 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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17 . B.L.ANIL KUMAR, S/O LANKEGOWDA, AGED ABOUT 50 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU

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TALUK AND DISTRICT- 577133.

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18 . GOWRAMMA, W/O MULLEGOWDA, AGED ABOUT 80 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT

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CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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19 . H.J. THIMMEGOWDA W/O JUNJEGOWDA,

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AGED ABOUT 60 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU

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TALUK AND DISTRICT- 577133.

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20 . VINODHGOWDA S/O THIMMEGOWDA, AGED ABOUT 45 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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21 . M.S.NAVEEN KUMAR,

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S/O SAGANEGOWDA, AGED ABOUT 40 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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22 . K.R.NAGESH

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S/O RAMEGOWDA, AGED ABOUT 62 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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23 . PARAMESH K.R.

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S/O RAMEGOWDA, AGED ABOUT 49 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU

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TALUK AND DISTRICT- 577133.

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24 . K.P.NAGARAJ

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S/O PUTTASWAMY, AGED ABOUT 50 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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25 . BHAIREGOWDA S/O KRISHNEGOWDA AGED ABOUT 52 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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26 . HARI SINGH S/O BHARATH SINGH, AGED ABOUT 68 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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27 . K.S. REVANNA GOWDA,

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S/O SAGANEGOWDA, AGED ABOUT 57 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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28 . K.K. BHADREGOWDA, S/O KENCHEGOWDA, AGED ABOUT 57 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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29 . K.T.KUMAR,

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S/O THIMMAIAH, AGED ABOUT 34 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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30 . LAKSHMAMMA, S/O NIRVANEGOWDA, AGED ABOUT 65 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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31 . PRASANNAKUMAR, S/O EREGOWDA, AGED ABOUT 47 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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32 . H.S. LAKSHMANA,

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S/O SOME GOWDA, AGED ABOUT 51 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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33 . SIDDEGOWDA, S/O THIMMEGOWDA, AGED ABOUT 70 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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34 . H.B.MALLEGOWDA, S/O BHADREGOWDA, AGED ABOUT 68 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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35 . BHADREGOWDA S.H., S/O HANNUMEGOWDA, AGED ABOUT 65 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT

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CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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36 . H.C. PUTTA RAJEGOWDA, W/O CHANNEGOWDA, AGED ABOUT 58 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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37 . H.K.LOKESH, S/O KRISHNEGOWDA, AGED ABOUT 40 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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38 . B.S.CHANDREGOWDA, S/O SAGANEGOWDA, AGED ABOUT 45 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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39 . K.R.CHANDREGOWDA S/O RAMEGOWDA, AGED ABOUT 52 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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40 . M.MALLEGOWDA,

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S/O MALLEGOWDA, AGED ABOUT 60 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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41 . M.L.CHANDREGOWDA,

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S/O LINGEGOWDA, AGED ABOUT 50 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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42 . H.C.PARVATHEGOWDA,

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S/O CHENNEGOWDA, AGED ABOUT 65 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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43 . M.T.NANJEGOWDA, S/O THIMMEGOWDA, AGED ABOUT 65 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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44 . M.T.EREGOWDA, S/O THIMMEGOWDA, AGED ABOUT 55 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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45 . H.R.HEGGDEGOWDA, S/O RAMEGOWDA, AGED ABOUT 65 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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46 . H.K.NAGESHGOWDA, S/O KRISHNEGOWDA, AGED ABOUT 55 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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47 . H.DHARMEGOWDA, S/O HUCHCHEGOWDA, AGED ABOUT 45 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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48 . PRADEEP, S/O SAGANEGOWDA, AGED ABOUT 35 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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49 . K.M.DODDEGOWDA, S/O MALLEGOWDA, AGED ABOUT 57 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133. 50 . SHIVALINGAIAH, S/O HULIYAIAH, AGED ABOUT 55 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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51 . SOMASHEKAR, S/O HULIYAIAH, AGED ABOUT 52 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133.

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52 . H.M.PARVATHEGOWDA S/O MOGANNAGOWDA, AGED ABOUT 59 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, MALALURU, CHIKKAMANGALURU TALUK AND DISTRICT- 577133

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...PETITIONERS

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(BY SRI SHARATH S. GOWDA, ADVOCATE - VC)

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AND :

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1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION

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M S BUILDING, DR.AMBEDKARVEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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2 . THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, TTMC A BLOCK SHANTHINAGAR, BENGALURU-560 027 REPRESENTED BY ITS SECRETARY

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3 . DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER NEAR ZILA PANCHYATH, K.M.ROAD, CHIKKAMAGALURU TOWN, CHIKKAMAGALURU DIST-563 102.

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4 . PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, RETURNING OFFICER, MALALURU, CHIKAMAGALURU TALUK AND DISTRICT-577 130.

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5 . PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD MALALURU, CHIKAMAGALURU TALUK AND DISTRICT-577 130. BY ITS CHIEF EXECUTIVE OFFICER

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, A.G.A. FOR R1, R3 & R4, SRI. G.V.SHASHIKUMAR, ADVOCATE FOR R2; R5-SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE 97TH 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.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Shri. Sharath S. Gowda, learned Advocate for the petitioners, Smt. Niloufer Akbar, learned AGA for the State and Shri.G.V.Shashi Kumar, learned advocate for respondent No.2.

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Shri. Sharath S. Gowda, learned Advocate submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He undertakes to file a memo to this effect. Once received, memo shall be kept in record.

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In the circumstances, the petition is

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accordingly dismissed as having become infructuous.

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No costs.

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Sd/JUDGE

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hnm

K B Jagadish v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

K B Jagadish v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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