IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.3368-3379 OF 2019 (CS-EL/M) BETWEEN:
1. SRI A S MANJAPPA S/O SRI A SIDDAPPA AGED ABOUT 53 YEARS, R/AT SOPPINAKERE VILLAGE MASUR ROAD SHIKARIPURA TOWN SHIVAMOGGA DISTRICT-577427 2. SMT SHANTHAMMA W/O SRI SIDDAPPA DUNDI AGED ABOUT 45 YEARS, 3. SRI RAJAPPA S/O SRI BORANNA AGED ABOUT 55 YEARS 4. SRI HANUMANTHA S/O SRI SIDDAPPA DUNDI AGED ABOUT 23 YEARS 5. SRI SANJEEVA S/O SRI MAHADEVAPPA G.D. AGED ABOUT 38 YEARS 6. SMT.VASANTHALAKSHMI W/O SRI MANJAPPA AGED ABOUT 27 YEARS 7. SRI G.M.MANJAPPA S/O SRI MAHADEVAPPA G.D. AGED ABOUT 40 YEARS, Petitioner Nos.2 to 7 are RESIDING AT THIMMALAPURA VILLAGE HOSUR HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 427 8. SRI T S MOHAN S/O SRI SIDDAPPA THYAGARTHI AGED ABOUT 55 YEARS 9. SRI RAMU G S/O SRI GONI SHIVAPPA AGED ABOUT 38 YEARS 10. SMT.LATHA W/O SRI SANDIMANE MANJAPPA AGED ABOUT 40 YEARS 11. SRI G RAMESH W/O SRI SANDIMANE MANJAPPA AGED ABOUT 36 YEARS 12. SRI SURESHA K C S/O SRI CHIKKAPPA AGED ABOUT 28 YEARS Petitioner Nos.8 to 12 are RESIDING AT SHIKARIPURA TOWN SHIVAMOGGA DISTRICT-577427 (By Sri C.R.GOPALASWAMY, ADVOCATE) ...PETITIONERS AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING, Dr.AMBEDKAR VEEDHI BENGALURU-560 001 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577 427 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577 427 4. THE ELECTION OFFICER SRI KANAKA CREDIT CO-OPERATIVE SOCIETY LIMITED, SHIKARIPURA DEPUTY PRINCIPAL, GOVERNMENT GIRLS COMPOSITE PRE-UNIVERSITY COLLEGE SHIKARIPURA-577427 5. CHIEF EXECUTIVE OFICER AND THE MANAGER, SRI KANAKA CREDIT CO-OPERATIVE SOCIETY LIMITED HOSAMEDARAKERI SHIKARIPURA-577427. ...RESPONDENTS (By Sri A.K.VASANTH, GA TO R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT AMENDED CLAUSES [a-iv] and [a-v] TO SECTION 20 OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT ARE ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA AND DECLARE THAT THE AMENDMENT TO SECTION 20 [a-iv] & [a-v] OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS PROSPECTIVE AND CONSEQUENTLY DECLARE THAT THE MEMBERS WHO ARE NAMED IN ANNEXURE-B ARE ELIGIBLE TO PARTICIPATE IN THE ELECTIONS AS WELL AS THE GENERAL BODY MEETINGS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners has filed a memo dated 12.07.2019 seeking leave of this Court to dismiss the writ petitions as having become infructuous.
2. Memo is taken on record. Accordingly, writ petitions are dismissed as having become infructuous.
Sd/- JUDGE HD