Karnataka High Court
Sri. Suresh vs The State Of Karnataka on 23 November, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.419 OF 2020(CS-EL/M)
BETWEEN :
1. SRI.SURESH
AGED ABOUT 44 YEARS
S/O MANJAIAH
R/AT BANAKAL VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
2. SMT.GOWRAMMA
W/O.SURESH
AGED ABOUT 37 YEARS
R/AT BANAKAL VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
3. SMT.MEENAKSHI,
AGED ABOUT 67 YEARS,
W/O.MANJAIAH,
RESIDING AT BANAKAL VILLAGE & HOBLI,
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
4. SRI.RAMAIAH
AGED ABOUT 68 YEARS
S/O.NEELAKANTAIAH
R/AT BANAKAL VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
5. SRI.GOPALA
AGED ABOUT 37 YEARS
2
S/O.MANJAIAH
R/AT BANAKAL VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
6. SRI.YOGESH
AGE ABOUT 45 YEARS
S/O.SOMAIAH
R/AT BANAKAL VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
7. SMT.MANJULA
AGED ABOUT 46 YEARS
W/O.MANJUNATH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
8. SRI.KUMARA
AGED ABOUT 47 YEARS
S/O.BOBAIAH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
9. SRI.SUNDRESH.K.S
AGED ABOUT 45 YEARS
S/O.SUBBAIAH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
10. SRI.NAGESH
AGED ABOUT 44 YEARS
S/O.MANJAIAH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
3
11. SMT.PARVATHI
AGED ABOUT 46 YEARS
W/O.BOBAIAH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
12. SRI.LAKSHAMANA.K.S
AGED ABOUT 37 YEARS
S/O.SANNIAH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
13. SRI.SUBRAYA,
AGED ABOUT 41 YEARS
S/O.SOMAIAH
R/AT KUDAHALLI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
14. SMT.SAVITHA,
AGED ABOUT 41 YEARS
W/O.KRISHNA
R/AT BANAKAL VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
15. SRI.RAMAIAH.B.M
AGED ABOUT 65 YEARS
S/O.MOTAIAH
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
16. SMT.ASHVITHA.K.R
AGED ABOUT 28 YEARS
W/O.NAGARAJ,.B.L
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
4
17. SRI.NARAYANA GOWDA.B.M
AGED ABOUT 50 YEARS
S/O.MANJE GOWDA
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
18. SMT.PRANAVI.S.S
AGED ABOUT 27 YEARS
W/O.SANTHOSESH.B.R
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
19. SRI.SOMAIAH
AGED ABOUT 60 YEARS
S/O.SIDDAIAH
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
20. SRI.MADHAN KUMAR.T.P
AGED ABOUT 36 YEARS
S/O.PUTTE GOWDA.T.J
R/AT THARUVE VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
21. SRI.ROJESH
AGED ABOUT 48 YEARS
S/O.CHENNEGOWDA
R/AT BASANI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
22. SRI.A.R.LOBO
S/O.ANTHONY RICHARD LOBO
AGED ABOUT 60 YEARS
23. SMT.ELCY GRESILDA LOBO
W/O.A.R.LOBO
5
AGED ABOUT 50 YEARS.
24. SRI.MOHIDDIN
S/O MOOSABERI
AGED ABOUT 40 YEARS.
25. SMT.NOORJAN
W/O.T.A.KHADAR
AGED ABOUT 55 YEARS.
26. SRI.RAJU.T.S
S/O.SHIVAPPA PUJARI
AGED ABOUT 41 YEARS.
27. SMT.RAZIYA
W/O.MOHIDDIN
AGED ABOUT 36 YEARS.
28. SMT.MYMUNA
W/O.HASSAN
AGED ABOUT 33 YEARS.
29. SMT.SHAMEERA
W/O.YUSUF
AGED ABOUT 37 YEARS.
30. SMT.MEENAKSHI
W/O.HALAIAH
AGED ABOUT 38 YEARS.
31. SRI.SATHISHA.K.K
S/O.KRISHNACHAR
AGED ABOUT 36 YEARS.
32. SRI.HILARY
S/O.JOSEPH D.SOUZA
AGED ABOUT 65 YEARS.
33. SMT.VIJAYA.B.S
W/O.SOMEGOWDA
AGED ABOUT 37 YEARS.
THE PETITIONER NO.22 TO 33 ARE
6
R/AT KOTTIGEHARA VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
34. SRI.A.B.DEVAIAH
S/O.BYRAIAH
AGED ABOUT 45 YEARS
R/AT ATHIGERE VILLAGE
KOTTIGEHARA POST
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
35. SRI.A.B.ANNAPPA
S/O.DEVAIAH
AGED ABOUT 45 YEARS
R/AT ATHIGERE VILLAGE
KOTTIGEHARA POST
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
36. SRI.VALERIYAN D SOUZA
S/O.L.D SOUZA
AGED ABOUT 64 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
37. SRI.RAMAIAH.H.M
S/O.MUTHAPPA PUJARI
AGED ABOUT 70 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
38. SRI.MANJUNATHA
S/O.BURADAIAH
AGED ABOUT 52 YEARS
R/AY BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113,
CHIKKAMAGALUR DISTRICT.
7
39. SRI.RICHARD PINTO
S/O.GYABRIYA PINTO
AGED ABOUT 64 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
40. SRI.ANNAPPA
S/O.SHESHAIH
AGED ABOUT 30 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
41. SRI.MANJUNATHA.B.K
S/O.KARIYAPPA
AGED ABOUT 49 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
42. SRI.HERALD D.SOUZA
S/O.L.D.SOUZA
AGED ABOUT 62 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
43. SRI.SANTHOSH.B.R
S/O.RAMACHANDRE GOWDA.B.K
AGED ABOUT 32 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
44. SRI.KALAPPA.K.S
S/O.SUBBAIAH.K
AGED ABOUT 61 YEARS
R/AT BALUR VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
45. SRI.THIMMAIAH
S/O.SANNAIAH
8
AGED ABOUT 58 YEARS
R/AT BALUR VILLAGE & BALUR HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
46. SRI.SHESHAPPA.B.T
S/O.THIMMAIH
AGED ABOUT 68 YEARS
R/AT HONNEGANDI VILLAGE
BALUR HOBLI, MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
47. SRI.VENKAPPA.B.T
S/O.THIMMAIH
AGED ABOUT 70 YEARS
R/AT HONNEGANDI VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
48. SRI.MANJUNATHA.K.P
S/O.PADMAIAH
AGED ABOUT 50 YEARS
R/AT KALLAKKI VILLAGE
BALUR HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
49. SRI.CHANDRASHEKAR
S/O.B.S.SHESHAIAH
AGED ABOUT 58 YEARS
R/AT HALLIKERE VILLAGE & HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
50. SRI.RAMESH.K.P
S/O.PUTTE GOWDA
AGED ABOUT 64 YEARS
R/AT KOGILE VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
9
51. SRI.YUGANDAR
S/O.RAMESHA .K.P
AGED ABOUT 28 YEARS
R/AT KOGILE VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT.
52. SMT.SHARAVATHI
W/O.NAGESH
AGED ABOUT 44 YEARS
RESIDING AT HEGGUDLU VILLAGE
BANAKAL HOBLI
MUDIGERE TALUK-577113
CHIKKAMAGALUR DISTRICT. ...PETITIONERS
(BY SHRI. BHADRINATH R., ADVOCATE) - V/C
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE STATE CO-OPERATIVE ELECTION
COMMISSION BY ITS COMMISSIONER,
3RD 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 DEPUTY REGISTRAR OF
CO- OPERATIVE SOCIETIES,
CHIKKMAGALURU DISTRICT-577 113.
10
5. THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETY,
CHIKKMAGALURU SUB-DIVISION,
CHIKKMAGALURU DISTRICT-577 113
6. SRI.VIJENDRA.B.K, RETURNING OFFICE,
APPOINTED FOR PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIETY LTD,
BANAKAL VILLAGE, MUDIGERE TALUK,
CHIKKMAGALURU DISTRICT-577 113.
7. THE CHIEF EXECUTIVE OFFICER,
PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIETY LTD.,
BANAKAL VILLAGE, K.M.ROAD,
MUDIGERE TALUK,
CHIKKMAGALURU DISTRICT-577 113.
... RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR
RESPONDENTS NO.1, 3 TO 5 & 6
SHRI G.V.SHASHIKUMAR, ADVOCATE FOR R2;
NOTICE SERVED TO RESPONDENT NO.7)
....
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 VIRES OF THE CONSTITUTION OF
INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
11
ORDER
Shri Bhadrinath, learned advocate for petitioners submits that petitioners do not press this petition and seeks leave to withdraw. His submission is placed on record.
2. This petition is accordingly dismissed as not pressed.
No costs.
Sd/-
JUDGE Yn.