B S NAGENDRASWAMY v. THE STATE OF KARNATAKA
Court: High Court of Karnataka
Bench: P.S.DINESH KUMAR
Judgment date:
Case summary
High Court of Karnataka judgment dated 2020-12-21. B S NAGENDRASWAMY v. THE STATE OF KARNATAKA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KARNATAKA AT BENGALURU ST DATED THIS THE 21 DAY OF DECEMBER, 2020 BEFORE THE HON'BLE Mr. JUSTICE P. S. DINESH KUMAR WRIT PETITION NO. 1784/2020 (CS-EL/M) Between: 1. B. S. Nagendraswamy S/o Shivappa Aged about 59 years 2. Nanjundappa S/o Veerappa Aged about 65 years 3. Puttaswamy S/o Shivanappa Aged about 62 years 4. B. K. Muddappa S/o Kempanna Aged about 60 years 5. Shivamurthy S/o Siddannaiah Aged about 58 years 6. Nagarajamurthy S/o Chamappa Aged about 52 years 7. B. M. Nagaudra S/o G. Madappa Aged about 55 years - 2 - 8 V. Ambika W/o Bhadrappa Aged about 62 years 9. Muddappa @ Swamy S/o Late Muddappa Aged about 48 years 10. Shivalingaswamy S/o Muddappa Aged about 52 years 11. Jayakumar S/o Venkataramanaiah Aged about 36 years 12. Siddalingaiah S/o Puttaranganaisddaiah Aged about 65 years 13. Neelisiddaiah S/o Kempasiddaiah Aged about 65 years 14. K. Ningaraju S/o Kempasiddaiah Aged about 60 years 15. K. Rachaiah S/o Kempasiddaiah Aged about 62 years 16.
Lakshmamma W/o G. Venkatesh Aged about 45 years 17. Prma Nandini W/o Vasanappa Aged about 55 years - 3 - 18. Mahadevamma W/o Sannaiah Aged about 58 years 19. Kemparaju S/o Sannaiah Aged about 36 years 20. Naganna S/o Nanjundaiah Aged about 63 years 21. Abdul Wajid S/o Abdul Khadar Aged about 58 years 22. Mehaboob Pasha S/o Usman Sab Aged about 65 years 23. Aneek S/o Abdul Rasheed Aged about 65 years 24. B. Madaiah S/o Thurulingegowda Aged about 65 years 25. Siddaramaiah S/o Basavegowda Aged about 70 years 26. Somann M S/o Karageegowdna Madegowda Aged about 65 years 27. Basavegowda S/o Malavegowda Aged about 65 years - 4 - 28. Madhu S/o Rameesiddaiah Aged about 75 years 29. B. S. Shivanna S/o Siddashetty Aged about 70 years 30. Chikkamadamma W/o Beeregowda Aged about 65 years 31. Mahadevamma W/o Dyavashetty Aged about 60 years Petitioner Nos. 1 to 31 are all R/o Belakavadi Village, Malavalli Taluk, Mandya District. 32.
Chikkamma W/o Late Ramegowda Aged about 65 years R/o Javanahalli Village Malavalli Taluk Mandya District. 33. Javarayi S/o Sannakkigowda Aged about 70 years R/o Javanahalli Village Malavalli Taluk Mandya District. 34. Shivanna S/o Chikkamuddaiah Aged about 75 years - 5 - 35. Muddaiah S/o Addakunna Siddaiah Aged about 65 years 36. Chikkavenkataiah S/o Venkatagiriyaiah Aged about 60 years 37. B. M. Mahadevaswamy S/o B. Muddaiah Aged about 48 years 38. Venkatesha B. V S/o Venkataiah Aged about 63 years 39. Girish S/o Muthaiah Aged about 47 years 40. Muthaiah S/o Kodagalli Venkataiah Aged about 65 years 41. B. S. Madhavan S/o Shivanna Aged about 54 years 42. Shivashankar S/o Kyathaiah Aged about 55 years 43. K. Kalashetty S/o Kalashetty Aged about 65 years 44. Nagamma W/o Kalashetty Aged about 60 years - 6 - 45. Gayathri W/o Marishetty Aged about 60 years 46. B. M. Mahadevappa S/o Marilingaiah B. S. Aged about 55 years 47. Chamaraju B. S S/o S. Siddashetty @ Kusappa Aged about 63 years 48.
Lakshmamma W/o G. Venkatesh Aged about 65 years 49. Lingashetty S/o Chikkamadashetty Aged about 60 years 50. Siddashetty S/o Kalashetty C Aged about 66 years 51. M. Sadashivappa S/o Chikkamadashetty Aged about 46 years 52. M. Lingashetty S/o Madashetty Aged about 62 years 53. Rajeshwari W/o Ganganna B. M Aged about 45 years 54. S. Raju S/o Siddashetty Aged about 48 years - 7 - 55. B. S. Paramesha S/o Somaiah M Aged about 57 years 56. Gayathri W/o Mallesh Aged about 38 years 57. Mayamma W/o Mariswamy Aged about 58 years 58. B. S. Siddaraju S/o Siddashetty Aged about 55 years 59. G. P. Chikkashetty S/o Kunthuru Puttaswamy Aged about 65 years 60. Puttananjamma W/o Late Muddaiah Aged about 75 years Petitioner Nos. 34 to 60 are all R/o Belakavadi Village, Malavalli Taluk, Mandya District. 61. B. M. Mahadevu S/o Madashetty Aged about 62 years R/o Javanagahalli Village Malavalli Taluk Mandya District. .. Petitioners (By Sri. Kantharaju C. S, Advocate) - 8 - And 1.
The State of Karnataka By its Secretary, Department of Co-operation, Vidhana Soudha, Bengaluru – 560 001. 2. The State Co-operative Election Commission by its Commissioner, rd 3 Floor, T. T. M. C ‘A’ Block, K. H. Road, Shanthinagara, Bengaluru – 560 027. 3. The Registrar of Co-operative Societies in Karnataka, No. 1, Ali Askar Road, Bengaluru – 560 001. 4. The Election Officer and Deputy Registrar of Co-operative Societies, Mandya District, Mandya – 571401. 5. The Returning Officer Sri Jaganmohana Ranganathaswamy Primary Agriculture Credit Co-operative Society Ltd. , Belakavadi, Malavalli Taluk, Mandya District – 571417. 6. Sri Jaganmohana Ranganathaswamy Primary Agriculture Credit Co-operative Society Ltd. , Belakavadi, - 9 - Malavalli Taluk, Mandya District – 571417 Represented by its Chief Executive Officer. …Respondents (By Smt. Niloufer Akbar, AGA for R. 1 & 3 to 5; Sri. G. V. Shashikumar, Advocate for R.
2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 is ultra virus of the Constitution of India and etc. This petition coming on for orders this day, the Court made the following: ORDER Heard Shri. Kantharaju C S, 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. 2. Shri. Kantharaju C S, learned advocate for the petitioners submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. - 10 - He undertakes to send a memo to this effect. Once the memo is received, the Registry shall keep the same in the record. 3. In the circumstances, the petition is accordingly dismissed as having become infructuous. No costs. Sd/- JUDGE NBM
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