Karnataka High Court
R. Mohammed Rafi vs The State Of Karnataka on 21 January, 2022
Author: R Devdas
Bench: R Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.1122 OF 2022 (CS-EL/M)
BETWEEN
1. R. MOHAMMED RAFI
S/O. H. ABDUL RAHEEM SAAB,
AGED 51 YEARS
MEMBERSHIP NO. 4744.
2. SIDDARAMANNA C
S/O. ALURU SIDDAIAH
AGED ABOUT 78 YEARS
MEMBERSHIP NO. 2388.
3. SAROJAMMA B V
W/O. SIDDARAMANNA
AGED 69 YEARS
MEMBERSHIP NO. 2377.
4. SARMAS ALI
S/O. MUJEEB ULLA
AGED 40 YEARS
MEMBERSHIP NO. 7132.
5. P S SADATHULLA
S/O. P M SAMIULLA
AGED 52 YEARS
MEMBERSHIP NO. 3792.
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6. SHANKARAPPA
S/O. SANNAHANUMANTHAPPA
AGED 51 YEARS
MEMBERSHIP NO7306.
7. G A NAZAR
S/O. B S BUDEN SAAAB
AGED 60 YEARS
MEMBERSHIP NO. 7245.
8. SHABANA
W/O. MOHAMMED RAFI
AGED 40 YEARS
MEMBERSHIP NO. 6275.
9. G PANDURANGAPPA
S/O. GIRIYAPPA
AGED 50 YEARS
MEMBERSHIP NO. 6662.
10. K C MANJULADEVI
W/O. G PANDURANGAPPA
AGED 45 YEARS
MEMBERSHIP NO. 6663.
11. UNUS SAAB
S/O. HASMATH SAAB
AGED 42 YEARS
MEMBERSHIP NO. 7205.
12. T R GOPAL
S/O. THIMMAJJA
AGED 70 YEARS
MEMBERSHIP NO. 8019.
13. V H RAJU
S/O. VENKATAPPA
AGED 68 YEARS
MEMBERSHIP NO. 2103.
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14. G PREM KUMAR
S/O. B GOPAIAH
AGED 35 YEARS
MEMBERSHIP NO. 4964.
15. IMTIYAZ
S/O. H RAHIM SAAB
AGED 38 YEARS
MEMBERSHIP NO. 6941.
16. K SATHYANARAYANACHAR
S/O. LATE. KRISHNA
AGED 50 YEARS
MEMBERSHIP NO. 5292
... PETITIONERS
ALL THE PETITIONERS ARE MEMBERS
OF THE HIRIYURU URBAN CO-OPERATIVE
BANK LTD., MAIN ROAD, HIRIYURU
CHITRADURGA DISTRICT 577598
(BY SRI. DEVI PRASAD SHETTY, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M S BUILDING,
DR. B R AMBEDKAR VEEDHI,
BENGALURU 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE
ELECTION AUTHORITY
3RD FLOOR, TTMC, A-BLOCK,
SHANTHI NAGAR,
BANGALORE 560027
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REPRESENTED BY
ITS SECRETARY
3. DEPUTY REGISTRAR OF CO OPERATIVE
SOCIETIES / DISTRICT ELECTION OFFICER
BL GOWDA LAYOUT, RTO ROAD,
CHITRADURGA DISTRICT 577501
4. THE HIRIYUR URBAN CO OPERATIVE
BANK LTD,
MAIN ROAD, HIRIYUR,
CHITRADURGA DISTRICT- 577598
REPRESENTED BY
ITS GENERAL MANAGER
... RESPONDENTS
(BY SRI. R SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NO.2, 3, 4, AND 5 TO INCLUDE THE NAMES OF
THE PETITIONERS IN THE ELIGIBLE LIST OF VOTERS LIST AND
PERMIT THE PETITIONERS TO PARTICIPATE, CONTEST AND
VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS
SCHEDULED TO BE HELD ON 30.01.2022 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
R.DEVDAS J., (ORAL):
The petitioners herein have filed this writ petition being aggrieved of their disqualification to participate in the elections either as contesting candidates or to cast their votes, in terms of the provisions of Section 20(2) (a)(iv) &
(v) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act').
2. Recently, this Court had an occasion to consider similar prayers made in W.P.No.24223/2021. This Court by order dated 10.01.2022, took note of the fact that in W.P.No.48973/2019 and connected matters in the case of Sri Venkategowda and others Vs. State of Karnataka and others, dated 04.08.2021, wherein the vires of the said provisions were questioned and this Court has upheld the validity of the said provisions.
3. However, since the action by the authorities for disqualifying the members was in accordance with Section -6- 20 of the Act and the provision having been upheld, the prayer made in those writ petitions were rejected.
4. Consequently, the writ petition stands dismissed.
Sd/-
JUDGE DL