Manjappa vs The State Of Karnataka on 9 December, 2020

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Karnataka High Court

Manjappa vs The State Of Karnataka on 9 December, 2020

Bench: P.S. Dinesh Kumar

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF DECEMBER, 2020

                         BEFORE

        THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

           WRIT PETITION NO.327/2020 (CS-EL/M)

BETWEEN:

1.     MANJAPPA
       S/O KANNAPPA KARADI
       AGED ABOUT 54 YEARS
       R/O TALAGUPPA VILLAGE AND POST
       SAGARA TALUK-577 401
       SHIVAMOGGA DISTRICT

2.     KANLERAMAPPA
       S/O MALLOAPPA HUNASURU
       AGED ABOUT 52 YEARS
       R/O MARATHURU
       SAGARA TALUK-577 401
       SHIVAMOGGA DISTRICT
                                       ... PETITIONERS

(BY SRI S V PRAKASH, ADVOCATE) - V/C

AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF CO-OPEARTION
       M S BUILDING
       DR B R AMBEDKAR VEEDHI
       BENGALURU-01
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY
                            2




2.   JOINT REGISTRAR OF CO-OPERATIVE
     SOCIETIES,
     BENGALURU DIVISION,
     NO.18, CHAMARAJAPETE,
     BENGALURU-560 018.

3.   DEPUTY REGISTRAR OF CO-OPERATIVE
     SOCIETIES,
     SHIVAMOGGA DISTRICT-577201.

4.   ASSISTANT REGISTRAR OF
     CO-OPERATIVE SOCIETIES,
     SAGAR SUB-DIVISION,
     SAGAR-577 401,
     SHIVAMOGGA DISTRICT.

5.   THE STATE CO-OPERATIVE
     ELECTION AUTHORITY,
     3RD FLOOR, TTMC 'A' BLOCK
     SHANTHINAGAR,
     BENGALURU-560 027
     REPRESENTED BY ITS COMMISSIONER.

6.   PRATHAMIKA KRUSHI PATTINA
     SAHAKARA SANGHA NIYAMITHA,
     REPRESENTED BY ITS
     CHIEF EXECUTIVE OFFICER
     THALAGUPPA,
     SAGARA TALUK
     SHIVAMOGGA DISTRICT-577 401.
                                    ... RESPONDENTS

(BY SMT. SHARADAMBA A.R., AGA FOR R1 TO R4;
    SRI G.V.SHASHIKUMAR, ADVOCATE FOR R5;
    R6 - SERVED)
                                  3


        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) THE KARNATAKA CO-
OPERATIVE      SOCIETIES   ACT   1959   IS   ULTRA   VIRES   THE
LEGISLATIVE COMPETENCE AND ARTICLES 243ZI AND 243ZO
OF THE CONSTITUTION OF INDIA AND ETC.

        THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:


                            ORDER

Heard Shri. S. V. Prakash, learned advocate for the petitioners, Smt. Sharadamba A. R, learned AGA for the State and Shri G.V.Shashi Kumar, learned advocate for respondent No.5.

2. Shri. S. V. Prakash, learned advocate submits that elections have been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He undertakes to send a memo to this effect. Once the memo is received, the Registry shall keep the same in the record. 4

3. In the circumstances, the petition is accordingly dismissed as having become infructuous.

No costs.

Sd/-

JUDGE VP

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