Karnataka High Court
Santosh And Ors vs The State Of Karnataka & Ors on 16 July, 2020
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION NO.211217-211257/2020 (CS-EL/M)
BETWEEN:
1. SANTOSH S/O SHIVAPUTRAPPA BIRADAR
AGED ABOUT 35 YEARS
OCC: MEMBER OF PRIMARY CO-OPERATIVE
AGRICULTURAL & RURAL DEVELOPMENT BANK
LIMITED, SINDAGI
2. MALLAPPA S/O BASAVANTHAPPA PADGANUR
AGED ABOUT 52 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
3. SHIVAPUTRAPPA S/O HONAGUNDAPPA BIRADAR
AGED ABOUT 52 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
4. SIDDANAGOUDA S/O BASANNA BIRADAR
AGED ABOUT 56 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
5. HULEPPA S/O BHIMAPPA MADAR
AGED ABOUT 65 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
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6. MAYAWWA W/O HULEPPA MADAR
AGED ABOUT 60 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
(PETITIONER NOS.1 TO 6 ARE PERMANENT
RESIDENTS OF INGALGI VILLAGE, IN SIDAGI TALUKA
DIST. VIJAYAPUR)
7. NARAYAN S/O RUKMAJI ALLONI
AGED ABOUT 58 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
8. KIRAN D/O NARAYN ALLONI
AGED ABOUT 28 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
(PETITIONER NOS.7 & 8 ARE PERMANENT
R/O ALMEL, TQ. SINDAGI, DIST. VIJAYAPUR)
9. SMT.SOUMYASHREE W/O SHRIDHAR GAYAKWAD
AGED ABOUT 24 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
10. SHRIDHAR S/O ASHOK GAYAKWAD
AGED ABOUT 30 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
11. SHRI. SHASHIDHAR S/O ASHOK GAYAKWAD
AGED ABOUT 28 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
12. NAVEEN S/O AMBAJI GAYAKWAD
AGED ABOUT 28 YEARS, OCC: MEMBER OF PRIMARY
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CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
13. ASHWINI W/O NAVEEN GAYAKWAD
AGED ABOUT 28 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
14. RATNABAI W/O AMBAJI GAYAKWAD
AGED ABOUT 60 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
15. SURESH S/O MAHADEVAPPA LOKRE
AGED ABOUT 34 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
16. SUREKHA S/O SURESH LOKRE
AGED ABOUT 28 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
17. AVINASH S/O AMBAJI GAYAKWAD
AGED ABOUT 34 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
18. SUPRIYA W/O AVINASH GAYAKWAD
AGED ABOUT 30 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
19. MAHADEV S/O MANOJ RAO GAYAKWAD
AGED ABOUT 80 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
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20. AMAR S/O MOHAN GAYAKWAD
AGED ABOUT 24 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
21. PHULABAI W/O MAHADEV GAYAKWAD
AGED ABOUT 68 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
22. RAVI KUMAR S/O MAHADEV GAYAKWAD
AGED ABOUT 36 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
23. MOHAN S/O MADURAO GAYAKWAD
AGED ABOUT 40 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
24. ANITA W/O MOHAN GAYAKWAD
AGED ABOUT 30 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
25. RAMESH S/O MAHADEVRAO GAYAKWAD
AGED ABOUT 38 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
26. AYUB S/O NABISAB DEVARAMANI
AGED ABOUT 50 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
27. RAMU S/O VEERUBA KADAM
AGED ABOUT 64 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
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28. SURESH S/O GURULINGAPPA HOLUR
AGED ABOUT 45 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
29. CHANDRAKALA W/O RAMESH GAYAKWAD
AGED ABOUT 28 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
30. AMBAJI S/O MANOTIRAO GAYAKWAD
AGE: MAJOR, OCC: MEMBER OF PRIMARY CO-
OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED SINDAGI
31. RADHABAI W/O ASHOK GAYAKWAD
AGE: MAJOR, OCC: MEMBER OF PRIMARY CO-
OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
32. LAXMAN S/O DATTU ALONI
AGED ABOUT 46 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
33. CHANDRASHEKAR S/O DATTU ALONI
AGED ABOUT 54 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
34. AMBAJI S/O DATTU ALONI
AGED ABOUT 40 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
35. NARAYAN S/O DATTU ALONI
AGED ABOUT 36 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
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(PETITIONER NOS.32 TO 35 ARE PERMANENT
R/O ALMEL TQ. SINDGI, DIST. VIJAYAPUR)
36. RAMESH S/O DHONDIBA GAYAKWAD
AGED ABOUT 36 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
37. CHANDRASHEKAR S/O DHONDIBA GAYAKWAD
AGED ABOUT 38 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
38. AKASH S/O NARAYAN ALONI
AGED ABOUT 20 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
39. SRINIVAS S/O NARAYAN ALONI
AGED ABOUT 26 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
40. SMT.LAXMI W/O NARAYAN ALONI
AGED ABOUT 50 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
(PETITIONER NOS.38 TO 40 ARE ALL PERMANENT
R/O ALMEL, TQ. SINDGI, DIST. VIJAYAPUR)
41. BABU S/O NARASINGH KESHAWATHKAR
AGED ABOUT 46 YEARS, OCC: MEMBER OF PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LIMITED, SINDAGI
... PETITIONERS
(BY SRI G. G. CHAGASHETTI, ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, DEPT. OF CO-OPERATION
VIDHANA SOUDHA, BENGALURU - 1
2. THE STATE CO-OPERATIVE ELECTION COMMISSION
BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C. "A"
BLOCK, K.H. ROAD, SHANTHINAGARA
BENGALURU - 27
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
IN KARNATAKA, NO.1, ALI ASKAR ROAD
BENGALURU - 560001
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, VIJAYAPUR
DIST. VIJAYAPUR - 586101
5. THE ASST. REGISTRAR OF CO-OPERATIVE
SOCIETIES, INDI
DIST. VIJAYAPUR - 586101
6. THE RETURNING OFFICER
FOR THE ELECTION OF PRIMARY AGRICULTURAL
CO-OPERATIVE & RURAL DEVELOPMENT BANK LTD.
SINDAGI, DIST. VIJAYAPUR - 586101
7. THE SECRETARY
PRIMARY AGRICULTURAL CO-OPERATIVE & RURAL
DEVELOPMENT BANK LTD., SINDGI
DIST. VIJAYAPUR - 586101
... RESPONDENTS
(SRI SHARANABASAPPA M. PATIL, HCGP FOR R1 TO R5;
NOTICE TO R6 & R7 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
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PRAYING TO, DECLARE THAT SECTIONS 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.
THESE PETITIONS COMING ON FOR FURTHER
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri G.G. Chagashetti, learned counsel appearing for the petitioners and Sri Sharanabasappa M. Patil, learned High Court Government Pleader appearing for respondent Nos.1 to 5 submit that the subject matter of these writ petitions is covered by the decision of this Court in W.P.Nos.204109-113/2018 and 204142- 144/2018 and connected matters disposed of on 13.03.2020.
The submission of the learned counsel for the parties is placed on record.
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The writ petitions are disposed of in terms of the order passed by this Court in W.P.Nos.204109- 113/2018 and 204142-144/2018 and connected matters.
Sd/-
JUDGE RSP