Disposed

Sri N Nagaraj v. State of Karnataka

Karnataka HC2 Feb 2024WP/3396/2024

Case brief

AI extract

What is this about?

In WP No. 3396 of 2024, the High Court of Karnataka disposed of a petition filed under Articles 226 and 227 seeking direction to prepare voters lists for a milk producers co-operative society without insisting on certain eligibility clauses. The Court held the petition was not maintainable as it was filed after the calendar of events was published, following precedent.

What did the court decide?

Writ Petition disposed of; petitioners directed to challenge election results under Section 70(2)(c) of the Act; further proceedings on voter list validity kept open.

Sri N Nagaraj Vs State of Karnataka — Cooperative Societies | Karnataka HC (2024)

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1 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 3396 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI N NAGARAJ, S/O LATE M NARAYANAPPA, AGED ABOUT 58 YEARS, MEMBERSHIP NO.143

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SRI C M NAGARAJ, S/O LATE MOOGANNA, AGED ABOUT 65 YEARS, MEMBERSHIP NO.19

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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SRI GOPALAKRISHNA, S/O MUNINANJAPPA, AGED ABOUT 64 YEARS, MEMBERSHIP NO.41,

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SRI Y PILLEGOWDA S/O LATE YALACHAPPA AGED ABOUT 63 YEARS MEMBERSHIP NO.42,

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SRI D NAGARAJ S/O LATE C DODDAPPA AGED ABOUT 68 YEARS MEMBERSHIP NO.45,

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SRI VENKATARAMANAPPA S/O LATE THIMMANNA

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2 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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AGED ABOUT 75 YEARS MEMBERSHIP NO.81

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SRI ANJINAPPA S/O LATE DAVAPPA AGED ABOUT 80 YEARS MEMBERSHIP NO.88

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SRI THIPPAREDDY @ THIPPPANNA S/O MUNIYAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.92

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SRI NARAYANAPPA S/O LATE PAPANNA AGED ABOUT 88 YEARS MEMBERSHIP NO.98

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SRI SRINIVAS S/O VENKATACHALASHETTY AGED ABOUT 68 YEARS MEMBERSHIP NO.116

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SMT C N UMADEVI W/O LATE BYRAPPA AGED ABOUT 63 YEARS MEMBERSHIP NO.136

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SRI D NARAYANASWAMY S/O LATE C DODDAPPA AGED ABOUT 62 YEARS MEMBERSHIP NO.150

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SRI N NANJEGOWDA S/O LATE NARAYANAPPA AGED ABOUT 65 YEARS

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3 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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MEMBERSHIP NO.153

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SRI M RAMANJINAPPA S/O MUNISHAMAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO.197

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SRI KARAGAPPA S/O MALIGAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO.224

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SRI KRISHNAPPA S/O NARAYANAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.247

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SMT ASHWATHAMMA W/O K NARAYANASWAMY AGED ABOUT 63 YEARS MEMBERSHIP NO.270

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SRI LOKESH S/O MUNIYAPPA AGED ABOUT 38 YEARS MEMBERSHIP NO.274

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SRI S VENKATSH S/O SONNAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.279

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SMT MUNIYAMMA W/O KRISHNAPPA AGED ABOUT 73 YEARS MEMBERSHIP NO.280

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4 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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SRI RAMANJINAPPA S/O CHIKKAMUNIYAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.284

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SRI MUNIRAJU A S/O ANJINAPPA AGED ABOUT 58 YEARS MEMBERSHIP NO.308

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SRI KRISHNAPPA D S/O DAVAPA AGED ABOUT 68 YEARS MEMBERSHIP NO.309

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SRI SAKAPPA S/O DAVAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.312

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SRI POOJAPPA S/O VENKATAPPA AGED ABOUT 60 YEARS MEMBERSHIP NO.314

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SMT SHYALAJA C N W/O LAKSHMANA AGED ABOUT 55 YEARS MEMBERSHIP NO.326

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SRI M MANJUNATHA S/O C M MUNISONNAPPA AGED ABOUT 55 YEARS MEMBERSHIP NO.333

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5 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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SRI SRIRAMA S/O MUNISHAMAPPA AGED ABOUT 43 YEARS MEMBERSHIP NO.343

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SMT C VENKATALASKHMAMMA W/O A NARAYANASWAMY AGED ABOUT 55 YEARS MEMBERSHIP NO.156

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SRI UDAYKUMAR C K S/O LATE KRISHNAPPA AGED ABOUT 34 YEARS MEMBERSHIP NO.360

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SRI C K DEVARAJ S/O KRISHNAPPA AGED ABOUT 41 YEARS MEMBERSHIP NO.362

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SMT MANJULA W/O C M MURTHY AGED ABOUT 38 YEARS MEMBERSHIP NO.386

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(PETITIONER 1 TO 32 RESIDING AT CHANNARAYAPATNA VILLAGE AND POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562135. (PETITIONER NO.2 TO 7, 9 TO 13, 17, 20, 23 AND 25 ARE NOT CLAIMING SENIOR CITIZEN BENEFITS).

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…PETITIONERS

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(BY SRI PRAKASH SHETTY S, ADVOCATE)

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6 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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AND:

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STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001.

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CHANNARAYAPATNA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., CHANNARAYAPATNA VILLAGE AND POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562135, REP BY ITS CHIEF EXECUTIVE OFFICER

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(REG. UNDER CO-OPERATIVE SOCIETIES ACT, 1959).

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STATE CO-OPERATION ELECTION AUTHORITY, REP BY ELECTION COMMISSIONER, 3^RD FLOOR, TTMCA BLOCK, SHANTHINAGAR, BENGALURU-560027.

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RETURNING OFFICER OF CHANNARAYAPATNA MILK PRODUCERS CO OPERATIVE SOCIETY LTD., AND CHIEF DEVELOPMENT OFFICER OF CO-OPERATIVE SOCIETIES, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110.

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THE DEPUTY REGISTRAR AND DISTRICT ELECTION OFFICER OF BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110.

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…RESPONDENTS

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(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R4 AND R5)

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7 - NC: 2024:KHC:4737 WP No. 3396 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PURSUANT TO CALENDAR OF EVENTS ANNEXURE-A DTD 18.01.2024 ISSUED BY THE R-4 DIRECT THE R-2 TO 4 TO PREPARE VOTERS LIST OF THE R-2 SOCIETY FOR THE YEARS 2024-25 TO 2029-30 IN ACCORDANCE WITH LIST OF MEMBERS WITHOUT INSISTING SEC 20(2)(a-IV) AND (a-V) OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT.

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

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ORDER

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Learned Government Advocate accepts notice on behalf of respondents No.1, 4 and 5.

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In view of the law declared by the Co-ordinate Bench of this Court in Mohammad Beary & Others vs. The State Of Karnataka & Others (Writ Petition No.29271/2023 & Connected matters and also the judgment of this Court in Sri. B Ganganna and others vs. The State of Karnataka and others in W.P.No.29014/2023, the Writ Petition is not maintainable as the petition is filed after publication of calendar of events.

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