Karnataka High Court
Sachin vs The State Of Karnataka on 20 November, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.42/2020 (CS-EL/M)
BETWEEN :
1. SACHIN
S/O KESHAVA MOOLYA
AGED ABOUT 30 YEARS
BANGERAKATTE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
2 . DEVAKI
W/O SUNDARA POOJARY
AGED ABOUT 68 YEARS
BALLAMANJA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
3 . PUSHPHAK
S/O SUDHAKAR RAO K
AGED ABOUT 30 YEARS
KURUNNI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
4 . PRATHIBHA
W/O VASANTHA DEVADIGA
AGED ABOUT 36 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
5 . RUKMINI
W/O BABU
AGED ABOUT 38 YEARS
BANGERAKATTENEETTHARA HOUSE
2
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
6 . MEENAKSHI
W/O OBAYYA MOOLYA
AGED ABOUT 45 YEARS
GOLIDAPALKE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
7 . SOWMYA K
W/O SANDESH K
AGED ABOUT 35 YEARS
BANGERAKATTENEETTHARA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
8 . USHA K
W/O RAJESH K
AGED ABOUT33 YEARS
MAANYA HOUSE,
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
9 . K.RAGHAVENDRA
S/O PADMANABHAYYA
AGED ABOUT 61 YEARS
BALLAMANJA HOUSEHOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
10 . LINGAPPA GOWDA
S/O ESHWARA GOWDA
AGED ABOUT 46 YEARS
NEKKILAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
11 . BHAVANI
W/O SUNDARA SHETTY
AGED ABOUT 47 YEARS
ELIKUDE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
3
12 . PARAMESHWARA BHAT P
S/O THIRUMALESHWAR BHAT
AGED ABOUT 65 YEARS
BERBALAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
13 . NARAYANA MOOLYA
S/O BABU MOOLYA
AGED ABOUT 53 YEARS
CHAITHRA NIVASA,
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
14 . JAGAESSH
S/O VEERAPPA MOOLYA
AGED ABOUT 40 YEARS
BANGALAYI
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
15 . DUGGAPPA
S/O BABU MOOLYA
AGED ABOUT 37 YEARS
PERNADKA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
16 . PUSHPAVATHI G
W/O DHARNAPPA MOOLYA
AGED ABOUT 45 YEARS
KUTTHINA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
17 . D.SUDHAKAR BHAT
S/O THIRUMALESHWAR BHAT
AGED ABOUT 68 YEARS
KUTTHINA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
18 . HONNAPPA MOOLYA
S/O GANGAYYA MOOLYA
AGED ABOUT 43 YEARS
MANOORU
4
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
19 . KANTHAPPA GOWDA
S/O RUKMAYA GOWDA
AGED ABOUT 62 YEARS
NIDDAJE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
20 . CHIDANANDA
S/O BABU MOOLYA
AGED ABOUT 43 YEARS
PADARTHIMAJALU
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
21 . GUNAVATHI
W/O JAYARAMA
AGED ABOUT 39 YEARS
BERBALAJE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
22 . RAMESH GOWDA
S/O BABU GOWDA
AGED ABOUT 55 YEARS
NEROLPALKE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
23 . MOHINI V BHAT
W/O VASANTHA P BHAT
AGED ABOUT 57 YEARS
BANGALAYI
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574224
24 . MOHANA P
W/O KOTI MOOLYA
AGED ABOUT 41 YEARS
PATLATHODI HOUSE,
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
5
25 . MEENAKSHI
W/O RAMANNA SALYAN
AGED ABOUT 58 YEARS
KUTTHINA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
26 . PRASAD
S/O MUTTHAPPA MOOLYA
AGED ABOUT 69 YEARS
KALLAGUDDE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
27 . VENKATA REDDY
S/O EMA REDDY
AGED ABOUT 56 YEARS
VIDYASAGARA ARBI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
28 . SHABITHA
W/O VENAKTA REDDY
AGED ABOUT 50 YEARS
VIDYASAGARA ARBI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
29 . PRAVEENA
S/O MUTTHAPPA MOOLYA
AGED ABOUT 29 YEARS
KALLAGUDDE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
30 . SHOBHA K M
W/O MOHAN GOWDA
AGED ABOUT 36 YEARS
MARAKADA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
31 . DAKAYYA
S/O NANYAPPA MOOLYA
AGED ABOUT 35 YEARS
PADARTHIMAJALU HOUSE
MACHINA VILLAGE AND POST
6
BELTHANGADY TALUK D.K.-574224
32 . SUJATHA
W/O M.RAMESH ACHARYA
AGED ABOUT 43 YEARS
PALYARA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
33 . BABY
W/O MONAPPA POOJARY
AGED ABOUT 68 YEARS
KOLAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
34 . HONNAPPA
S/O VEERAPPA MOOLYA
AGED ABOUT 38 YEARS
PARASARAKODI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
35 . RUKMAYYA GOWDA
S/O SHIVAPPA GOWDA
AGED ABOUT 50 YEARS
PADARTHIMAJALU HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
36 . KRISHNA NAIKA
S/O MAYILA NAIKA
AGED ABOUT 63 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
37 . DINESH
S/O ANNI MOOLYA
AGED ABOUT 33 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
38 . GULABI
W/O GANGADHARA MOOLYA
AGED ABOUT 35 YEARS
7
PERNADKA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
39 . YOGISH
S/O ANNI MOOLYA
AGED ABOUT 42 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
40 . RAMACHNADRA
S/O MAYEELA GOWDA
AGED ABOUT 55 YEARS
LAVADAPALKE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
41 . JANARDHANA
S/O BABU MOOLYA
AGED ABOUT 38 YEARS
PERNADKA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
42 . AVIHASH
S/O SANJEEVA MOOLYA
AGED ABOUT 32 YEARS
MANOORU HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
43 . THEJAVATHI
S/O NANTHRAMA GOWDA
AGED ABOUT 60 YEARS
PALLATHALA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
44 . GANGAYYA MOOLYA
S/O THANIYAPPA MOOLYA
AGED ABOUT 55 YEARS
HENTRAL HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
8
45 . D.ESHWARA BHAT
S/O THIRUMALESHWAR BHAT
AGED ABOUT 70 YEARS
BERBALAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
46 . SATHISHA BANGERA
S/O DHARNAPPA BANGERA
AGED ABOUT 38 YEARS
HOSAMANE MAILODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
47 . NITHYA
W/O SATHISH BANGERA
AGED ABOUT 30 YEARS
BALLAMANJAHOSAMANE MAILODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
48 . PARVATHI
W/O DHARNAPPA MOOLYA
AGED ABOUT 60 YEARS
HOSAMANE MAILODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
49 . MUTTHAPPA MOOLYA
S/O OBAYYA MOOLYA
AGED ABOUT 58 YEARS
UNTHANAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
50 . DHARANAPPA
S/O NEMU BANGAERA
AGED ABOUT 48 YEARS
HOSAMANE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
51 . USHA M
W/O YASHODHARA BANGERA
AGED ABOUT 35 YEARS
HOSAMANE HOUSE
MACHINA VILLAGE AND POST
9
BELTHANGADY TALUK D.K.-574224
52 . YASHODHARA BANGERA
S/O DHARNAPPA BANGERA
AGED ABOUT 45 YEARS
HOSAMANE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
53 . M YUVARAJA
S/O ADIRAJA PUVANI
AGED ABOUT 61 YEARS
MAILODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
54 . M VEERAPPA MOOLYA
S/O KORAGAPPA MOOLYA
AGED ABOUT 65 YEARS
BANGALI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
55 . B SATHYANARAYANA BALIGA
S/O B RAMA BALIGA
AGED ABOUT 63 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
56 . M VISHWANATHA BHAT
S/O M SHYAM BHAT
AGED ABOUT 65 YEARS
YENNODI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
57 . SUNDARA POOJARY
S/O PADMA POOJARY
AGED ABOUT 75 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
58 . LANCY PAIS
S/O CHARLES PAIS
AGED ABOUT 45 YEARS
10
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
59 . H MOHINI
W/O MADHAVA NAIK
AGED ABOUT 45 YEARS
KODYELU HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
60 . RAMANNA
S/O NONU MOOLYA
AGED ABOUT 52 YEARS
MAILODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
61 . BALAKRISHNA
S/O B RAMARAO
AGED ABOUT 55 YEARS
KOLAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
62 . HARISH
S/O THIMMAPPA SALYAN
AGED ABOUT 40 YEARS
KUTTHANA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
63 . BHARATH RAJ
S/O NARAYANA MOOLYA
AGED ABOUT 38 YEARS
BANGITHOTTU HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
64 . NARAYANA NAVUDA
S/O SUBRAYA NAVUDA
AGED ABOUT 63 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
11
65 . N RAGUVEERA SHETTY
S/O SHEENA SHETTY
AGED ABOUT 60 YEARS
NETTHARA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
66 . N PURANDARA SHETTY
S/O RAMANNA SHETTY
AGED ABOUT 62 YEARS
NETTHARA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
67 . MEGHARAJA ALVA
S/O NAVIRAJ ALVA
AGED ABOUT 61 YEARS
MAILODTY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
68 . BABU HARIJANA
S/O THIPPA HARIJANA
AGED ABOUT 61 YEARS
MAILODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
69 . K DHARMARAJA
S/O DUGGAPPA BANGERA
AGED ABOUT 58 YEARS
HOSAMANE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
70 . MARAPPA MOOLYA
S/O RUKMAYA MOOLYA
AGED ABOUT 67 YEARS
KOLAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
71 . LOKESH
S/O JINAPPA MOOLYA
AGED ABOUT 40 YEARS
MAILODY HOUSE
MACHINA VILLAGE AND POST
12
BELTHANGADY TALUK D.K.-574224
72 . G SUBRAMANYA
S/O NARAYANA BHAT
AGED ABOUT 51 YEARS
HARMADY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
73 . K VIJAYA
W/O K KRISHNAPPA POOJARY
AGED ABOUT 60 YEARS
MANYA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
74 . YASHODHARA INDRA
S/O MANJAPPA INDRA
AGED ABOUT 70 YEARS
BALLAMANJA PALYARA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
75 . A RAMESH BHAT
S/O ANANTHA BHAT
AGED ABOUT 75 YEARS
YELKUDE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
76 . SHESHAVENI
S/O BALAKRISHNA
AGED ABOUT 58 YEARS
KORODY HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
77 . BALAKRISHNA DEVADIGA
S/O ANNI DEVADIGA
AGED ABOUT 40 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
78 . JANARDHANA
S/O NONU MOOLYA
AGED ABOUT 35 YEARS
13
KOLAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
79 . SANJEEVA
S/O KOTI MOOLYA
AGED ABOUT 45 YEARS
BANGIHOTTU HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
80 . KIRAN KUMAR
S/O D KRISHNA BHAT
AGED ABOUT 38 YEARS
MACHINA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
81 . THUNGAPPA
S/O DEEKAYYA MOOLYA
AGED ABOUT 45 YEARS
VADDA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
82 . MEENAKSHI
W/O GOPALA MOOLYA
AGED ABOUT 48 YEARS
BALLAMANJAPALYARA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
83 . KRISHNA KUMAR
S/O SUBRAMANYA
AGED ABOUT 62 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
84 . SHRUTHA
W/O PRABHAKARA
AGED ABOUT 30 YEARS
MUDALADKA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
14
85 . B NARASIMHA BHAT
S/O KRISHNA BHAT
AGED ABOUT 45 YEARS
BALUNGURI HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
86 . ANANDA MOOLYA
S/O KARIYA MOOLYA
AGED ABOUT 48 YEARS
DENTHOTTU HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
87 . BHARATHI
W/O DHARNAPPA MOOLYA
AGED ABOUT 55 YEARS
BALLAMANJA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
88 . CHANDRAVATHI
W/O DOGRA MOOLYA
AGED ABOUT 63 YEARS
VADDA HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K.-574224
89 . SUNANDA
W/O D KANTHAPPA MADIVALA
AGED ABOUT 72 YEARS
BERBALAJE HOUSE
MACHINA VILLAGE AND POST
BELTHANGADY TALUK D.K-574 224 ...PETITIONERS
(BY SHRI DEVI PRASAD SHETTY, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S.BUILDING, DR.B.R.AMBEDKAT VEEDHI
BENGALURU-560 001
REPRESENTED BY ITS PRINCIPLE SECRETARY
15
2. THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. 'A' BLOCK
SHANTHINAGAR, BANGALORE-27
REPRESENTED BY ITS SECRETARY
3. DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES / DISTRICT ELECTION OFFICER
JANATHA BAZAR, 1ST FLOOR
GANAPATHI HOSTEL ROAD
MANGALURU-575 001, D.K.
4. NAVEEN KUMAR
OFFICER OF DEPARTMENT OF CO-OPERATIVE
AUDIT, MANGALORE, RETURNING OFFICER
APPOINTED FOR MACHINNA PRATHIMIKA
KRISHI SAHAKARI SANGHA NIYAMITHA
MACHINA VILLAGE AND POST
BELTHANGADY TALUK, D.K.-574224
5. MACHINNA PRATHIMIKA KRISHI
PATHINA SAHAKARI SANGHA NIYAMITHA
FF 168, MACHINA VILLAGE AND POST
BELTHANGADY TALUK
DAKSHIN KANNADA DISTRICT-576 105
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER ... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R.1, 3 & 4;
SHRI. G.V.SHASHIKUMAR, ADVOCATE FOR R.2;
R.5-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)
(A-IV)(A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA
VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF
THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO
CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
16
ORDER
Heard Shri Devi Prasad Shetty, 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 Shetty submits that elections have been conducted on 05.01.2020. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He undertakes to send a memo to this effect through E-mail. His submission is placed on record. 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 AV