IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.Nos.2327 OF 2019 & 4602-4618 OF 2019 (CS-EL/M) BETWEEN 1. SRI M.B.ANAND S/O BASAVEGOWDA, AGED ABOUT 65 YEARS, RESIDING AT MALEYUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
2. SRI BASAVARAJAPPA S/O MARISWAMAPPA, AGED ABOUT 68 YEARS, RESIDING AT TELAGU MASALLI VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
3. SRI K.A.RAJAPPA S/O APPAJAPPA, AGED ABOUT 69 YEARS, RESIDING AT KATAWALU VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
4. SRI K.M.CHANNARAJAPPA S/O MUDDAPPA, AGED ABOUT 70 YEARS, RESIDING AT KATAWALU VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
5. SMT. MUTTU KUMARI W/O SUNDARA, AGED ABOUT 50 YEARS, RESIDING AT MOLEYUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
6. SRI B.KEMPEGOWDA S/O KALEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT HEGGANUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
7. SRI KUSEGOWDA S/O CHALUVEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT HEGGANUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
8. SRI BOLEGOWDA S/O CHALUVEGOWDA, AGED ABOUT 75 YEARS, RESIDING AT HEGGANUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
9. SRI NANJAIAH S/O ANNAIAH, AGED ABOUT 60 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
10. SRI VENKATA NAIK S/O GIRINAIK, AGED ABOUT 67 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
11. SRI V.THIMMAIAH S/O VENKATANAIK, AGED ABOUT 41 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
12. SRI SHIVANNA NAIK S/O CHALUVANAIK, AGED ABOUT 45 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
13. SRI CHALUVADAS NAIK S/O CHALUVANAIK, AGED ABOUT 48 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
14. SRI TAGADURU NAIK S/O SANNA NAIK, AGED ABOUT 58 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
15. SRI B.M.KENDAGANNA SWAMY S/O MAHADEVAPPA, AGED ABOUT 49 YEARS, RESIDING AT BIDARAHALLI VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
16. SRI MAHADEVAPPA S/O KENDAGANNAPPA, AGED ABOUT 32 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
17. SRI JAVARA NAIK S/O DODDATAMMA NAIK, AGED ABOUT 62 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114.
18. SMT. PUTTAMMA W/O A.M.MAHADEVAPPA, AGED ABOUT 69 YEARS, RESIDING AT AGATHUR VILLAGE, KANDALIKE HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571 114. (BY SRI KUMBAR V.F., ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.OFFICE BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001.
…PETITIONERS 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 18, KALIDASA ROAD, T.K. LAYOUT, MYSURU DIVISION, MYSURU - 570 001.
3. THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. H.D.KOTE, H D KOTE-571 114.
MYSURU DISTRICT.
4. THE ELECTION OFFICER OF THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSUR DIVISION, HUNSUR, H.D.KOTE-571 114.
MYSURU DISTRICT.
…RESPONDENTS (BY SRI A.K.VASANTH, GOVERNMENT ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, THE AMENDED PROVISIONS OF SEC. 20(2)(a-iv) AND (a-v) INCORPORATED BY ACT NO.3/2013 WITH EFFECT FROM 11.2.2013 TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS UNCONSTITUTIONAL AND ULTRAVIRES AND QUASH THE DRAFT VOTERS LIST PREPARED BY THE R-3 BANK DATED NIL VIDE ANNEXURE-B.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners herein are the members of third respondent-Bank/The Primary Co-operative Agricultural and Rural Development Bank Ltd., H.D.Kote.
2. Admittedly, these writ petitions are filed to quash the draft voters list prepared by the third respondent-Bank vide Annexure-B which is a prelude to the election to be conducted to the said society for the period 2019-2024. However, while seeking said prayer of certiorari, there is also another prayer seeking declaration with reference to amendment of provisions of Section 20 (2) (a-iv) and (a-v) incorporated by Act No.03 of 2013 with effect from 11.02.2013 to the Karnataka Co-Operative Societies Act, as unconstitutional and ultravires.
3. Since no grounds are made out to declare the said amended provision as unconstitutional and ultravires, the election proceedings of respondent No.3 –Bank has not been stayed by this Court for the period 2019-2024 i.e., for six years and which is only a Rule. However, in the facts situation, it is seen that the election which was scheduled for the period 2019-
2024 has already been concluded and it is also stated that as the petitioners having participated in the said election, nothing further survives for consideration in these petitions.
Accordingly, these petitions are dismissed.
Learned Government Advocate appearing for respondents to file memo of appearance in two weeks.
Sd/- JUDGE HJ