Dismissed

S Nagarajappa v. the State of Karnataka

Karnataka HC16 Feb 2024WP/4739/2024

Case brief

AI extract

What is this about?

Petitioners challenged the constitutional validity of specific sections of the Karnataka Co-operative Societies Act and sought directions to hold society elections. The Court dismissed the writ petition as the petitioners were ineligible to vote based on the society's bye-laws regarding minimum services.

What did the court decide?

dismissal of writ petition challenging vires of Act and seeking election directions; liberty reserved to raise election dispute.

S Nagarajappa Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH 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. 4739 OF 2024 (CS-EL/M)

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BETWEEN:

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S.NAGARAJAPPA, S/O SIDAPPA, AGED ABOUT 53 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 161)

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GAVIYAPPA, S/O CHANNAPPA, AGED ABOUT 81 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 8)

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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CHENNABASAPPA, S/O CHANNABASAPPA, AGED ABOUT 68 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 13)

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G.NAGAPPA, S/O LATE GAVIYAPPA, AGED ABOUT 56 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 64)

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2 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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MAASTHISHETTI, S/O KARISHETTI, AGED ABOUT 70 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 77)

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RAJAMMA, W/O B.M.MALLIKARJUNAPPA, AGED ABOUT 65 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 95 )

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PUTTEGOWDA, W/O RAJEGOWDA, AGED ABOUT 54 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 112)

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KONGALAPPA, S/O BELAPPA, AGED ABOUT 57 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 119)

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GAVIYAPPA, S/O DEVAPPA, AGED ABOUT 73 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 134)

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KUNNINGAIAH, S/O DESHAIAH,

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3 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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AGED ABOUT 63 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 165)

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G.SHIVARUDRAPPA, S/O GAVIYAPPA, AGED ABOUT 46 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 181)

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SHIVAPPA, S/O LATE DEVAPPA, AGED ABOUT 83 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 203)

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SHIVEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 56 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 211)

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B.SIDDAPPA, S/O BELLAPPA, AGED ABOUT 47 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 234)

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SHIVAIAH, S/O LATE CHENNAIAH, AGED ABOUT 51 YEARS, R/AT BELAVADI VILLAGE,

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4 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 245)

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VENKATACHELUVAMMA, W/O SIDDEGOWDA, AGED ABOUT 71 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 246)

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SOMEGOWDA, S/O KALEGOWDA, AGED ABOUT 46 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 247)

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GAVIYAPPA, S/O GURUMALAPPA, AGED ABOUT 74 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 255)

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B.G.BASAVANNA, S/O GURUMALLAPPA, AGED ABOUT 53 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 284)

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KEMPAMMA, S/O GAVIYAPPA, AGED ABOUT 47 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK,

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5 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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CHAMARAJANAGAR DISTRICT-571 111.

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(SHARE NO. 256)

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BEEREGOWDA, S/O SIDDEGOWDA, AGED ABOUT 66 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 278)

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SHIVARAJAPPA, S/O PIPANNA, AGED ABOUT 81 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 286)

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MANI, S/O SWAMI, AGED ABOUT 42 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 292)

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DODDAMMA, W/O SHIVABASAPPA, AGED ABOUT 46 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 297)

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MANGALAMMA, W/O MANIYAIAH, AGED ABOUT 41 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 298)

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6 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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MAHADEVAPPA, S/O DEVAPPA, AGED ABOUT 61 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 302)

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SHIVANAGAMMA, W/O NINGEGOWDA, AGED ABOUT 49 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 305)

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SHANKARAPPA C., S/O CHANNAVERAPPA, AGED ABOUT 49 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 310)

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BASAVARAJASHETTI, AGED ABOUT 59 YEARS, S/O LATE THIMMASHETTI, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 343)

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BASAVALINGEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 51 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 339)

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GOWRAMMA, W/O LATE SIDAPPA,

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7 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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AGED ABOUT 57 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 345)

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DODDASHETTI, S/O KARISHETTI, AGED ABOUT 71 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 344)

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NAGAMANI, W/O NAGARAJAPPA, AGED ABOUT 46 YEARS, R R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 353)

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MAHADEVAPPA, S/O SUBBAPPA, AGED ABOUT 43 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 354)

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C.,NAGARAJAPPA, S/O CHANNABASAPPA, AGED ABOUT 76 YEARS, R/AT BELAVADI VILLAGE, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 360)

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CHANDRA, S/O CHANNAIAH AGED ABOUT,46 YEARS, R R/AT BELAVADI VILLAGE,

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8 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111. (SHARE NO. 367)

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…PETITIONERS

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(BY SRI. SAMPATH KUMAR A.V., ADVOCATE)

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AND:

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

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THE STATE CO-OPEARATIVE ELECTION COMMISSION, 3^RD FLOOR, SHANTI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BENGALURU-560 027. REP. BY ITS SECRETARY.

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DEPUTY REGISTRAR OF CO-OPERATIE SOCIETIES/ DISTRIC ELECTION OFICER, #330, DISTRICT ADMINISTRATIVE BUILDING, CHAMARAJANAGAR-571 313.

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K.S.KEERTHI KUMAR, INSPECTOR OF CO-OPERATIVE SOCIETY, REGISTRAR OF CO-OPERATIVE SOCIETY, # 330, DISTRICT ADMINISTRATIVE BUILDING, CHAMARAJANAGAR-571 313. RETURNING OFFICER APPOINTED FOR BELAVADI HAALU UTPADAKARA SAHAKARA SANGHA NIYAMITHA, BELAVADI, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111.

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BELAVADI HAALU UTPADAKARA SAHAKARA SANGHA NIYAMITHA BELAVADI

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9 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. REP. BY ITS CHIEF EXECUTIVE OFFICER. (REGD. UNDER CO-OPERATIVE SOCIETIES ACT)

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…RESPONDENTS

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(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 & R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; PETITION AGAINST R5 IS DISMISSED V/O DATED 16.02.2024)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA COOPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243 ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.

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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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Heard the learned counsel appearing for the

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petitioners.

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This petition is filed challenging the vires of

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Sections 20(2)(a-iv) and (a-v) of the Karnataka Co-Operative Societies Act, 1959 (for short 'the Act, 1959'). Writ of mandamus is also sought to direct respondents No.2, 3, 4 and 5 to conduct elections to

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10 -

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NC: 2024:KHC:6616 WP No. 4739 of 2024

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respondent No.5-Society without reference to Section 20(2)(a-iv) and (a-v) of the Act, 1959.

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This Court has already taken a view that Sections 20(2)(a-iv) and (a-v) of the Act, 1959 are constitutionally valid. Hence, the said prayer is not maintainable.

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Learned counsel for the petitioners has produced the list of members who have availed minimum services and list of eligible voters prepared for the purpose of holding elections to the Board of respondent No.5Society on 17.02.2024. The list of eligible members contains 97 members as eligible voters, whereas, the list of the persons who have availed minimum services discloses 81 members. Thus, the learned counsel for the petitioners would contend that the list is prepared erroneously and the election cannot be held.

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5. Learned AGA as well as the learned counsel for

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the Election Commission would contend that the calendar

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11 - NC: 2024:KHC:6616 WP No. 4739 of 2024

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of events is published and the petitioners are not the persons who have availed minimum services as per the list produced by the petitioners, as such, the prayer sought by the petitioners is not maintainable. It is also urged by them that the remedy for the petitioners is to invoke Section 70(2)(c) of the Act, 1959.

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This Court has considered the contentions

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raised at the bar. As can be seen from the list produced by the petitioners themselves, the petitioners' names do not appear in the list of persons who have availed minimum services as prescribed under the bye-law of the Society. Under these circumstances, the petitioners are ineligible voters and it is also relevant to note that calendar of events have been published. Under these circumstances, the petition cannot be entertained at this juncture. Accordingly, the petition is dismissed .

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However, it is to be observed that as the

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petitioners have pointed out a prima facie illegality in the list of eligible voters, liberty is reserved to the petitioners

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NC: 2024:KHC:6616 WP No. 4739 of 2024

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12 -

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to raise an election dispute, if so advised in law. If such a dispute is placed, the same shall be decided in accordance with law without being influenced by the order of dismissal

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of the writ petition.

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Sd/JUDGE

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PGG List No.: 1 Sl No.: 12

S Nagarajappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

S Nagarajappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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