Dismissed

Sri Madaiah v. the State of Karnataka

Karnataka HC9 Oct 2023WP/9975/2017

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the election of office bearers of Kempanahalli Milk Producers Co-operative Society as infructuous due to the lapse of the elected members' tenure and granted liberty to the State for a fresh election.

What did the court decide?

Liberty granted to the State to appoint an Administrator and conduct a fresh election as early as possible.

Sri Madaiah Vs the State of Karnataka — Election Law | Karnataka HC (2023)

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1 - NC: 2023:KHC:36630 WP No. 9975 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 9975 OF 2017 (CS-EL/M)

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BETWEEN:

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SRI. MADAIAH, S/O MALLAIAH, AGED ABOUT 65 YEARS,

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SMT. GOWRAMMA, W/O RAMACHANDRA, AGED ABOUT 40 YEARS,

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SRI. LOKESH, S/O VEERABHADRAIAH, AGED ABOUT 48 YEARS,

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SRI. SHANKARA, S/O SAVANDIAH, AGED ABOUT 45 YEARS,

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SMT. BHAGYAMMA, W/O LATE SHIVANNA, AGED ABOUT 45 YEARS,

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SRI. MALLESHAIAH, S/O LATE VEERABHADRAIAH, AGED ABOUT 75 YEARS,

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SRI. K. B. RENUKAIAH, S/O BHADRAIAH, AGED ABOUT 59 YEARS,

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NC: 2023:KHC:36630 WP No. 9975 of 2017

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SRI. DODDA VENKATAPPA, S/O LATE CHIKKA HUDAGAIAH, AGED ABOUT 75 YEARS,

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SMT. GOWRAMMA, W/O DASAPPA (MEESE), AGED ABOUT 60 YEARS,

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ALL ARE R/O KEMPANAHALLI VILLAGE, KASABA HOBLI, MAYAGANAHALLI POST, RAMANAGARA TALUK & DISTRICT - 571 511.

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…PETITIONERS

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(BY SRI. M.R. RAJAGOPAL, SENIOR COUNSEL ALONG WITH SRI. H.N. BASAVARAJU, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE STATE CO-OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER, 3RD FLOOR, T. T. M. C. 'A' BLOCK, K. H. ROAD, SHANTHINAGARA, BENGALURU - 560 027.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA DISTRICT, RAMANAGARA - 571 511.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA DISTRICT,

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3 - NC: 2023:KHC:36630 WP No. 9975 of 2017

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RAMANAGARA - 571 511.

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SRI. M. P. PADMANABH , MAJOR IN AGE, RETURNING OFFICER FOR ELECTIONS TO KEMPANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA DISTRICT , RAMANAGARA - 571 511.

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THE SPECIAL OFFICER & ROAD SUPERVISOR, KEMPANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, KASABA HOBLI, MAYAGANAHALLI POST, RAMANAGARA TALUK & DISTRICT - 571 511.

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SRI. MUDALA GIRIYAIAH, S/O LATE HUCHAPPA, AGED ABOUT 45 YEARS, SECRETARY / CHIEF EXECUTIVE OFFICER, KEMPANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, KASABA HOBLI, MAYAGANAHALLI POST, RAMANAGARA TALUK & DISTRICT - 571 511.

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SRI. KRISHNAPPA, S/O LATE ERANNA, AGED ABOUT 55 YEARS,

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SRI. THIMMAPPA, S/O LATE CHOLURAIAH, AGED ABOUT 35 YEARS,

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SRI. NARASIMHA MURTHY, S/O LATE VENKATAPPA, AGED ABOUT 43 YEARS,

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4 - NC: 2023:KHC:36630 WP No. 9975 of 2017

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SRI. PUTTAIAH, LATE APPAJAPPA, AGED ABOUT 70 YEARS,

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SRI. RAJANNA, S/O LATE ERANNA, AGED ABOUT 65 YEARS,

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SRI. SHIVARAJU, S/O LATE APPAJAPPA, AGED ABOUT 55 YEARS,

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SMT. HANUMAMMA, W/O GOVINDAIAH, AGED ABOUT 50 YEARS,

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SRI. NINGA HANUMAIAH, S/O LATE HUCHAPPA, AGED ABOUT 50 YEARS,

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SMT. KEMPAMMA, W/O LATE VENAKTAPPA, AGED ABOUT 50 YEARS, AND

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SMT. GOWRAMMA, W/O LAKSHMANAIAH, AGED ABOUT 65 YEARS,

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R-8 TO R-17 ARE ALL R/O

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KEMPANAHALLI VILLAGE, KASABA HOBLI, MAYAGANAHALLI POST, RAMANAGARA TALUK & DISTRICT - 571 511.

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…RESPONDENTS

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(BY SRI.SIDHARTH, AGA FOR R1 TO R4; VIDE ORDER DATED 05.09.2018 NOTICE TO R5 IS HELD SUFFICIENT;

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R6 TO R9, R11, R12 TO R17 SERVED AND UNREPRESENTED)

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5 - NC: 2023:KHC:36630 WP No. 9975 of 2017

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INSTRUCTIONS OF THE R-3 DATED 13.02.2017 TO THE R-5 VIDE ANNX-P THE CALENDAR OF EVENTS DATED 14.02.2017 AS PER ANNX-Q DECLARATION OF RESULT DECLARING THE ELECTION OF R-8 TO 17 IN FORM-19 DATED 23.02.2017 AS PER ANNX-R, THE MEETING NOTICE OF THE OFFICE BEARERS DTD 01.03.2017 AS PER ANNX-T AND THE CALENDAR OF EVENTS TO THE ELECTION OF OFFICE BEARERS AS PER ANNXU AS ISSUED BY THE R-5 DATED 01.03.2017 AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In the instant writ petition, the petitioners have challenged the election conducted to Kempanahalli Milk Producers Co-operative Society on 28.02.2017. The result of the said election was stayed by this Court by order dated 08.03.2017.

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It is further submitted that tenure of elected members was a period of five years and that the said period having been lapsed, the writ petition has become infructuous.

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NC: 2023:KHC:36630 WP No. 9975 of 2017

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For the aforementioned reasons, the writ petition is

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hereby dismissed as having become infructuous.

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Under the facts and circumstances of the case, the

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State is given the liberty to appoint an Administrator to the

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Society in accordance with law and conduct a fresh election as early as possible.

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SD/JUDGE

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MKM : CT: BHK List No.: 3 Sl No.: 1

Sri Madaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Madaiah v. the State of Karnataka

Case brief

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