Karnataka High Court
K G Jagadish 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.85/2020 (CS-EL/M)
BETWEEN:
1. K G JAGADISH
S/O GAJENDRAIAH
AGED ABOUT 45 YEARS
MEMBERSHIP NO.52
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
2. SAVITHRAMMA H S
W/O KRISHNEGOWDA
AGED ABOUT 67 YEARS
MEMBERSHIP NO.73
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
3. K C YASHASVI
S/O CHINNEGOWDA
AGED ABOUT 36 YEARS
MEMBERSHIP NO.183
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
4. GURUMOORTHY K J
S/O GAJENDRAIAH
AGED ABOUT 47 YEARS
MEMBERSHIP NO.329
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
2
5. KENCHAMMA
W/O VENKATAPPAGOWDA
AGED ABOUT 80 YEARS
MEMBERSHIP NO.746
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
6. SANDEEP H R
S/O RAMEGOWDA
AGED ABOUT 38 YEARS
MEMBERSHIP NO.39
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
7. MOHAN BHAT
S/O LATE SUNDAR RAO
AGED ABOUT 62 YEARS
MEMBERSHIP NO.1223
IDAKINI VILLAGE
HEMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
8. H U VIVEKANANDA
S/O UPENDRAGOWDA
AGED ABOUT 40 YEARS
MEMBERSHIP NO.2145
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
9. MAYADEVI
W/O NALARAJ
AGED ABOUT 46 YEARS
MEMBERSHIP NO.2245
IDAKINI VILLAGE, HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
10. SHYAMANNA K V
S/O VENKATESHA BHAT
AGED ABOUT 66 YEARS
MEMBERSHIP NO.08
HEMMAKKI VILLAGE AND POST
3
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
11. CHINNEGOWDA
S/O NAGAPPAGOWDA
AGED ABOUT 57 YEARS
MEMBERSHIP NO.26
IDAKINI VILLAGE, HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
12. CHANDAPA GOWDA K C
S/O CHINNEGOWDA
AGED ABOUT 72 YEARS
MEMBERSHIP NO.102
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
13. K E CHANDAPPA
S/O ERAPPAGOWDA
AGED ABOUT 65 YEARS
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
14. VANAJAKSHI T G
W/O GOPALAGOWDA T L
AGED ABOUT 53 YEARS
MEMBERSHIP NO.731
IDAKINI VILLAGE, HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
15. ANANTHRAMA B G
S/O GANAPATHI BHAT
AGED ABOUT 68 YEARS
MEMBERSHIP NO.743
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
16. SAVITHRI
W/O BABU R
AGED ABOUT 53 YEARS
MEMBERSHIP NO.2293
IDAKINI VILLAGE, HEMMAKKI POST
4
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
17. SUPREETHA
W/O BOJARAJ
AGED ABOUT 35 YEARS
MEMBERSHIP NO.2411
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
18. SWARNALATHA
W/O SHANKARANARAYANA
AGED ABOUT 48 YEARS
MEMBERSHIP NO.2377
HEMMAKKI VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
19. SATHISH K V
S/O VENKATAPPAGOWDA
AGED ABOUT 42 YEARS
MEMBERSHIP NO.2234
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
20. SUDHAKARA
S/O VENKATEGOWDA
AGED ABOUT 50 YEARS
MEMBERSHIP NO.2139
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
21. CHINNAYYA
S/O PUTTEGOWDA
AGED ABOUT 60 YEARS
MEMBERSHIP NO.855
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
5
22. NAGAPPAGOWDA K R
S/O RAMAPPAGOWDA
AGED ABOUT 66 YEARS
MEMBERSHIP NO.856
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
23. YELLAPPA
S/O NEELEGOWDA
AGED ABOUT 60 YEARS
MEMBERSHIP NO.972
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
24. KAMALAKSHI
W/O MANJUNATH
AGED ABOUT 57 YEARS
MEMBERSHIP NO.1107
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
25. KRISHNEGOWDA M S
S/O SUBBEGOWDA
AGED ABOUT 70 YEARS
MEMBERSHIP NO.1114
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
26. LAKSHMANAGOWDA N V
S/O ERAPPAGOWDA
AGED ABOUT 65 YEARS
MEMBERSHIP NO.1159
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
6
27. L SURESH
S/O LINGAPPAGOWDA
AGED ABOUT 45 YEARS
MEMBERSHIP NO.1228
IDAKINI VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
28. HARISH M B
S/O PUTTEGOWDA
AGED ABOUT 49 YEARS
MEMBERSHIP NO.2053
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
29. SATHISH R C
S/O CHANDREGOWDA
AGED ABOUT 47 YEARS
MEMBERSHIP NO.2083
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
30. MANJESHGOWDA M L
S/O M S LAKSHMANGOWDA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.2084
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
31. MOHAN M C
S/O M S CHINNEGOWDA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.2089
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
7
32. MANJUNATH N V
S/O VENKATEGOWDA
AGED ABOUT 65 YEARS
MEMBERSHIP NO.2100
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
33. M K MANOHAR
S/O KRISHNEGOWDA M S
AGED ABOUT 42 YEARS
MEMBERSHIP NO.2156
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
34. JAYANTHA N V
S/O VENAKTESHAGOWDA
AGED ABOUT 57 YEARS
MEMBERSHIP NO.2119
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
35. NARAYANA K V
S/O VENKATEGOWDA
AGED ABOUT 53 YEARS
MEMBERSHIP NO.2233
HEMMAKKI VILLAGE AND POST
MUDIGERE TALUK
CHIKKAMAGALURU DISTRICT-577121
36. RAJENDRAKUMAR S P
S/O PUTTASWAMY
AGED ABOUT 49 YEARS
MEMBERSHIP NO.2235
HEMMAKKI VILLAGE AND BALEHOLE POST
MUDIGERE TALUK
CHIKKAMAGALURU DISTRICT-577121
37. RANGAPPAGOWDA
S/O CHINNEGOWDA
AGED ABOUT 62 YEARS
MEMBERSHIP NO.668
8
YADUR VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
38. MUTHAPPA
S/O BOODA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.1242
K KELAGURU VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
39. MALATHI S RAO
W/O SHYAMANNA H B
AGED ABOUT 49 YEARS
MEMBERSHIP NO.1766
K KELAGURU VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
40. DHARANENDRA H S
S/O NEMIRAJAIAH
AGED ABOUT 48 YEARS
MEMBERSHIP NO.38
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
41. BRAHAMMADEV
S/O DHARANENDRA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.105
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
42. K MOHANDAS
S/O KESHAVA PILLAI
AGED ABOUT 70 YEARS
MEMBERSHIP NO.905
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
9
43. SHANKAREGOWDA
S/O THIMMEGOWDA
AGED ABOUT 64 YEARS
MEMBERSHIP NO.742
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
44. M R SUNDARESH
S/O RAMEGOWDA
AGED ABOUT 54 YEARS
MEMBERSHIP NO.1000
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
45. RAJESH N
S/O NONAAIAH AMIN
AGED ABOUT 51 YEARS
MEMBERSHIP NO.1251
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
46. RAMESH M C
S/O CHANDAPPAGOWDA
AGED ABOUT 44 YEARS
MEMBERSHIP NO.1579
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
47. PRASAD D
S/O DILBAHUDOOR
AGED ABOUT 44 YEARS
MEMBERSHIP NO.2130
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
48. PRAKASH B N
S/O NEELAKANTAYYA
AGED ABOUT 51 YEARS
MEMBERSHIP NO.2304
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
10
49. PADMARAJAIAH
S/O CHINNAIAH
AGED ABOUT 59 YEARS
MEMBERSHIP NO.05
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
50. CHANDRARAJAIAH
S/O CHINNAIAH
AGED ABOUT 55 YEARS
MEMBERSHIP NO.04
MARASANIGE VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
51. V C SHASHIPRABA
D/O CHANDREGOWDA
AGED ABOUT 48 YEARS
MEMBERSHIP NO.04
IDAKANI VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
52. NALARAJ
S/O P K VAASU
AGED ABOUT 58 YEARS
MEMBERSHIP NO.709
IDAKANI VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
53. PREMA M S
W/O GANESHA
AGED ABOUT 50 YEARS
MEMBERSHIP NO.969
IDAKANI VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
54. PUSHPA A B
W/O SHIVANNA K S
AGED ABOUT 58 YEARS
MEMBERSHIP NO.1087
11
IDAKANI VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
55. SHOBHA
W/O NIRANJAN SHETTY
AGED ABOUT 55 YEARS
MEMBERSHIP NO.2271
HIREBAIL VILLAGE AND POST
MUDIGERE TQ
CHIKKAMAGALUR DISTRICT
56. SHANTHARAJAIAH
S/O PADMARAJAIAH
AGED ABOUT 65 YEARS
MEMBERSHIP NO.1120
MARASANIGE VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
57. RAVI KUMAR B
S/O BABU R
AGED ABOUT 36 YEARS
MEMBERSHIP NO.2354
HIREBAIL VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALUR DISTRICT
58. K C JANAPPAGOWDA
S/O CHANDAPPAGOWDA
AGED ABOUT 55 YEARS
MEMBERSHIP NO.3336
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
59. VASANTHA KUMAR
S/O GIDDAYYA
AGED ABOUT 52 YEARS
MEMBERSHIP NO.1807
IDAKINI VILLAGE
HEMMAKKI POST
12
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
60. SHANKREGOWDA
S/O R T THIMMAPPAGOWDA
AGED ABOUT 70 YEARS
MEMBERSHIP NO.1074
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
SENIOR CITIZEN BENEFIT NOT CLAIMED
61. R S NAVEEN KUMAR
S/O R T SHANKREGOWDA
AGED ABOUT 37 YEARS
MEMBERSHIP NO.2451
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
62. R S NANDAKUMAR
S/O R T SHANKREGOWDA
AGED ABOUT 34 YEARS
MEMBERSHIP NO.2452
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
63. NANDEEP KUMAR
S/O R T SHANKREGOWDA
AGED ABOUT 32 YEARS
MEMBERSHIP NO.2450
IDAKINI VILLAGE
HEMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
64. NARASIMHAMOORTHY
S/O NARAYANACHARI
AGED ABOUT 52 YEARS
MEMBERSHIP NO.2450
YADURU VILLAGE
HIREBAIL POST
13
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
65. LAKSHMANA H P
S/O PUTTEGOWDA
AGED ABOUT 50 YEARS
HEMMAKI VILLAGE
BALEHOLE POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
66. DAYANANDA Y N
S/O NARAYANA ACHARI
AGED ABOUT 57 YEARS
MEMBERSHIP NO.646
YADURU VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
67. RUDRAPPA GOWDA
S/O THIMMEGOWDA
AGED ABOUT 63 YEARS
MEMBERSHIP NO.863
IDAKINI VILLAGE
HIMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
68. CHANNAPPAGOWDA
S/O SUBEBGOWDA
AGED ABOUT 78 YEARS
MEMBERSHIP NO.182
IDAKINI VILLAGE
HIMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
69. CHANDREGOWDA
S/O THIMMAPPAGOWDA
AGED ABOUT 62 YEARS
MEMBERSHIP NO.2402
IDAKINI VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
14
70. GANAPATHI T S
S/O SIDDAPPAGOWDA
AGED ABOUT 60 YEARS
MEMBERSHIP NO.1128
IDAKINI VILLAGE
HIMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
71. KEERTHI H P
S/O PUTTEGOWDA
AGED ABOUT 45 YEARS
MEMBERSHIP NO.1583
HEMMAKI VILLAGE
HIMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
72. JINNAPPA
S/O NONEGOWDA
AGED ABOUT 52 YEARS
MEMBERSHIP NO.1034
IDAKINI VILLAGE
HIMMAKKI POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
73. SANJEEVA SALIAN
S/O BABU POOJARY
AGED ABOUT 73 YEARS
MEMBERSHIP NO.271
HIREBAIL VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
74. VINITH
S/O SHANKREGOWDA
AGED ABOUT 28 YEARS
MEMBERSHIP NO.3315
MARASANIGE VILALGE
MARSANIGE POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121
15
75. RAJAMATHIYAMMA
W/O PAYAPAYYA
AGED ABOUT 70 YEARS
MEMBERSHIP NO.3341
YADUR VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGLAURU DISTRICT-577121
76. SUJAYA
W/O JAGADISH
AGED ABOUT 55 YEARS
MEMBERSHIP NO.878
HIREBAIL VILLAGE
HIREBAIL POST
MUDIGERE TQ
CHIKKAMAGALURU DISTRICT-577121 ...PETITIONERS
(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-01
REPRESENTED BY ITS PRINCIPLE SECRETARY
2. THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, T T M C 'A' BLOCK
SHANTHI NAGAR
BANGALORE-27
REPRESENTED BY ITS SECRETARY
3. DEPUTY REGISTRAR/DISTRICT ELECTION OFFICER
SAHAKARA UNION
JYOTHI NAGARA
CHIKKAMAGALURU TOWN
CHIKMAGALURU DISTRICT-563102
4. THIMMAIAH
PHYSICAL EDUCATION TEACHER
RETURNING OFFICER APPOINTED FOR
IDKINI PRIMARY AGRICULTURAL CREDIT
16
CO-OPERATIVE SOCIETY LTD.
IDKINI VILLAGE
HIREBAIL POST
MOODIGERE TALUK
CHIKKMAGALURU DISTRICT-577121
5. IDKINI PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LTD.
IDKINI VILLAGE
HIREBAIL POST
MOODIGERE TALUK
CHIKKMAGALURU DISTRICT-577121
BY ITS MANAGING DIRECTOR ...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, 3 & 4;
SRI 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)
AND (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES
THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE
CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
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 18.01.2020. Therefore, this petition is rendered infructuous and 17 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