Members of a co-operative society challenged a voting-eligibility condition for the society's election; interim order had allowed them to vote. Petitioners withdrew the petitions after voting.
Petitions dismissed as withdrawn; petitioners' votes directed to be excluded from counting before announcement of the election result.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 1674 OF 2024 (CS-EL/M)
C/W
WRIT PETITION NO. 1446 OF 2024 (CS-EL/M) IN WP NO.1674/2024:
BETWEEN:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
POST YEDMOGHE – 576282 MEMBERSHIP NO. 998.
MEMBERSHIP NO. 1072.
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S/O KRISHNAIYA ACHARI, RESIDING AT ARAMANEKODLU, HALLIHOLE VILLAGE, HALLIHOLE POST. MEMBERSHIP NO: 3481.
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YEDAMOGE VILLAGE, YEDAMOGE POST. MEMBERSHIP NO: 3528.
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MEMBERSHIP NO: 3567.
AGED 36 YEARS, S/O BACHA HASALA, RESIDING AT KOTUGULI, HALLIHOLE VILLAGE, HALLIHOLE POST. MEMBERSHIP NO: 3616.
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RESIDING AT CHOUKULAMAKKI, AJRI VILLAGE, AJRIHARA POST. MEMBERSHIP NO: 3677
YEDAMOGE POST. MEMBERSHIP NO: 3737.
W/O NAAGA BELAARI, RESIDING AT JANATHA KOLONY, YEDAMOGE VILLAGE, YEDAMOGE POST. MEMBERSHIP NO; 3825.
RESIDING AT MAAVINAKUMBRI, HALLIHOLE VILLAGE, HALLIHOLE POST. MEMBERSHIP NO: 3867.
MEMBERSHIP NO: 3897.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
W/O VITTAL SHENOY, RESIDING AT AARGODU, KAMALASHILE VILLAGE, KAMALASHILE POST. MEMEBRSHIP NO: 4037.
AJRI VILLAGE, KAMALASHILE POST. MEMBERSHIP NO: 4080.
MEMBERSHIP NO:4135.
W/O RAVINDRA S.A. RESIDING AT KAMALASHILE, KAMALASHILE VILLAGE, KAMALASHILE POST, MEMBERSHIP NO: 4275.
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AJRI VILLAGE, AJRIHARA POST. MEMBERSHIP NO: 4307.
MEMBERSHIP NO: 4333.
W/O NRARAYANA POOJARI, RESIDING AT ERIGE, ADIGADDE, HALLIHOLE VILLAGE, HALLIHOLE POST. MEMBERSHIP NO: 4429.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJIHARA POST. MEMEBRSHIP NO: 4459.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJIRHARA POST. MEMBERSHIP NO: 4544.
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S/O DURGA, RESIDING AT DEVARABAALU, HALLIHOLE VILLAGE, HALLIHOLE POST. MEMBERSHIP NO: 4593.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
HALLIHOLE POST. MEMBERSHIP NO: 4614.
S/O PATTABIRAO, RESIDING AT CHOUKULAMAKKI, AJIR VILLAGE, AJIRHARA POST. MEMBERSHIP NO: 4658.
AJRI VILLAGE, AGRIHARA POST. MEMBERSHIP NO: 4744
MEMBERSHIP NO: 4779.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJRIHARA POST. MEMEBRSHIP NO: 4850.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
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S/O SHEENAPPA SHETTY, RESIDING AT RAMANAKODLU, OLAGINAMANE, AJRI VILLAGE, AJRIHARA POST, MEMBERSHIP NO: 4915.
RESDING AT GOLIBERU, HOSABALU, YEDAMOGE VILLAGE, YEDAMOGE POST. MEMBERSHIP NO: 4952.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJRIHARA POST. MEMBERSHIP NO. 4980.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AGED 52 YEARS, S/O ANNAYYA POOJARI, RESIDING AT KARIMANE, AJRI VILLAGE, AJRIHARA POST. MEMBERSHIP NO: 5031
AGED 50 YEARS, S/O MAHABALA SHETTY, RESIDING AT MANAKEREGUNDI, YEDAMOGE VILLAGE, YEDAMOGE POST. MEMBERSHIP NO: 5043.
D/O THIMMAPPA POOJARI, RESIDING AT YALABEDA , KAMALASHILE VILLAGE, KAMALASHILE POST. MEMBERSHIP NO: 5046.
AJRI VILLAGE, KAMALASHILE POST. MEMBERSHIP NO: 5075.
MEMBERSHIP NO : 5103.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
S/O ANNAYYA POOJARY, RESIDING AT KARIMALE, AJIR VILLAGE, AJIRHARA POST. MEMBERSHIP NO: 5184.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
KAMALASHILE VILLAGE, KAMALASHILE POST. MEMBERSHIP NO: 5213.
MEMBERSHIP NO: 5237.
W/O NARAYANA SHETTY, RESIDING AT RAMANAKODLU, AJIR VILLAGE, AJIRHARA POST. MEMBERSHIP NO: 5321.
AJIR VILLAGE, AJIRHARA POST. MEMBERSHIP NO; 5344.
MEMBERSHIP NO; 5364.
W/O MANJUNATHA NAYKA, RESIDING AT RAAMPAIJEDDU, YADAMOGE VILLAGE, YADAMOGE POST. MEMBERSHIP NO: 5507.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJRI VILLAGE. AJRIHARA POST. MEMBERSHIP NO; 5533.
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W/O SHANKARA GANIGA, RESIDING AT BELUVANA, MAKKIMANE AJRE VILLAGE, AJREHARA POST. MEMBERSHIP NO:5618.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJRE VILLAGE, AJREHARA POST. MEMBERSHIP NO:5647.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
MEMBERSHIP NO: 5655
513. RANJEETHA
AGED 29 YEARS, S/O MAHALINGA DEVADIGA, KALAMNE, KAMALASHILE VILLAGE & POST MEMBERSHIP NO. 5685
HALLIHOLE VILLAGE, HALLIHOLE POST, MEMBERSHIP NO: 5730.
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D/O RAMA DEVADIGA RESIDING AT THATTEGULI KAMALASHILE VILLALGE, KAMALASHILE POST, MEMBERSHIP NO: 5862
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
HALLIHOLE POST MEMBERSHIP NO: 5887
RESIDING AT BALODI AJRE VILLAGE, AJREHARA POST. MEMBERSHIP NO: 5970.
AJRE VILLAGE, AJREHARA POST. MEMBERSHIP NO: 5985.
S/O NAGA KOTARI RESIDING AT HATHRAKANDIGE HALLIHOLE VILLALGE, HALLIHOLE POST, MEMBERSHIP NO:6046.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
HALLIHOLE VILLALGE, HALLIHOLE POST, MEMBERSHIP NO:6064.
MEMBERSHIP NO: 6100
W/O GOPALA GANIGA RESIDING AT AJREHARA AJRE VILLAGE, AJREHARA POST, MEMBERSHIP NO: 6132.
RESIDING AT YADNALI, DODMANE AJRE VILLAGE, AJREHARA POST, MEMBERSHIP NO: 6143.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJREHARA POST, MEMBERSHIP NO: 6168.
MEMBERSHIP NO: 6196
D/O RAJAGOPALA KUNJATHAYA RESIDING AT VASUDEVA NILAYA, HANKI, HALLIHOLE VILLAGE HALLIHOLE POST MEMBERSHIP NO: 6243.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJRE VILLAGE, AJREHARA POST, MEMBERSHIP NO: 6308
MEMBERSHIP NO: 6348.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
W/O KUPPAPPA SHETTY RESDING AT BANDAPPANADI AJRE VILLAGE, AJREHARA POST, MEMBERSHIP NO: 6463.
KERIMANE, KAMALASHILE VILLAGE, KAMALASHILE POST MEMBERSHIP NO: 6498.
MEMBERSHIP NO: 6539.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
650. ANUPA AGED 27 YEARS,
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
D/O BHUJANGA SHETTY RESIDING AT JAMBEHADI YEDAMOGE VILLAGE, YEDAMOGE POST MEMBERSHIP NO: 6659
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
S/O BABU SHETTY RESIDING AT UTTARAHADI MANE RAMANAKODLU MEMBERSHIP NO: 5106. (ALL PETITIONERS NOT CLAIMED SENIOR CITIZEN BENEFIT). (ALL PETITIONERS ARE BEING SAME UDUPI DISTRICT.
…PETITIONERS
(BY SMT SHIVANI SHETTY, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R2 AND R4 SRI T L KIRAN KUMAR, ADVOCATE FOR R3,
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
SRI VARUN JAYAKUMAR S PATIL, ADVOCATE FOR SRI MOHAMMED TAHIR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R4 AND 5 TO PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS OF R5 SOCIETY TO BE HELD ON 21/01/2024 WITHOUT INSISTING FOR COMPLIANCE OF SECTION 20(2) (A-IV) (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT.
IN WP NO.1446/2024:
BETWEEN:
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
S/O V RAJEEVA SHETTY YEDNALLI, HEGGADARMANE AJRI VILLAGE AND POST-576283 MEMBERSHIP NO.5694.
AJRI VILLAGE AND POST-576283 MEMBERSHIP NO.5860.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AGED ABOUT 37 YEARS, S/O SRINIVASA THANGUPPE MAKKIMANE AJRI VILLAGE AND POST-576283 MEMBERSHIP NO.5804.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AGED ABOUT 47 YEARS, W/O BHASKARA SHETTY KAGANAKODLU, AJRI VILLAGE AND POST-576283 MEMBERSHIP NO.5136.
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
AJRI VILLAGE AND POST-576283 MEMBERSHIP NO.2155.
…PETITIONERS
(BY SMT SHIVANI SHETTY, ADVOCATE)
AND:
NC: 2024:KHC:5514 WP No. 1674 of 2024 C/W WP No. 1446 of 2024
…RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R2 AND R4 SRI T L KIRAN KUMAR, ADVOCATE FOR R3, SRI VARUN JAYAKUMAR S PATIL, ADVOCATE FOR SRI MOHAMMED TAHIR, ADVOCATE R5)
THIS WRIT PETITION IS FILED UNDER ARITCLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DECLARE THAT SECTION 20 (2) (a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners files a memo
seeking permission of the Court to withdraw the petition.
petitioners votes have to be excluded while counting.
Further, the election result be announced by the returning officer excluding the votes cast by the
petitioners.
Sd/JUDGE
CHS LIST NO.: 1 SL NO.: 50
1 provisions across 1 enactments
T Sheshamma and others
K Subhaschandra Shetty and others
The State of Karnataka
The Registrar of Co-operative Societies
The State Co-operative Election Authority
Mananje Vyavasaya Seva Sahakari Sangha Niyamitha
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
