IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NOS.818-819 OF 2016 AND WRIT APPEAL NOS.857-859 OF 2016 (CS-EL/M) CONNECTED WITH WRIT APPEAL NOS.820-822 OF 2016 AND WRIT APPEAL NOS.851-852 OF 2016 (CS-EL/M) IN WRIT APPEAL NOS.818-819 OF 2016 AND WRIT APPEAL NOS.857-859 OF 2016:
BETWEEN:
1. SMT. VIJAYAMMA AGED ABOUT 52 YEARS, WIFE OF THAMMAIAH, RESIDING AT KAVANAPURA VILLAGE, LAKKOJANAHALLI POST, KAILANCH HOBLI, RAMANAGARA TALUK, AND DISTRICT-562 159.
2. SRI K. SHIVALINGAIAH AGED ABOUT 56 YEARS, SON OF LATE KEMPEGOWDA, KAVANAPURA VILLAGE, LAKKOJANAHALLI POST, KAILANCH HOBLI, RAMANAGARA TALUK AND DISTRICT-562 159.
... APPELLANTS (BY SRI MANMOHAN P.N., ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB-DIVISION, RAMANAGARA-562 159.
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, BENGALURU-560 027, REPRESENTED BY ITS SECRETARY.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA DISTRICT-562 159.
5. THE CHIEF EXECUTIVE OFFICER VYVASAYA SEVA SHAHAKARA SANGHA, NIYAMITHA ANKANAHALLI, KAILANCH HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562 159.
6. SRI P. ASHWATH AGED ABOUT 48 YEARS, SON OF LATE PUTTASWAMAIAH S.
7. SRI S. SIDDARAMAIAH AGED ABOUT 58 YEARS, SON OF LATE SIDDAIAH S.
8. SRI S. MAHADEVAIAH AGED ABOUT 43 YEARS, SON OF LATE SHANKARAIAH.
RESPONDENTS NO.6 TO 8 ARE RESIDING AT ANKANAHALLI VILLAGE, BANNIGUPPE POST, KAILANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT-562 159.
... RESPONDENTS (BY SRI LAXMINARAYANA, AGA FOR R-1, R-2 & R-4; SRI M. KESHAVA REDDY, ADVOCATE FOR R-3; SRI DEVI PRASAD SHETTY, ADVOCATE FOR R-5; SRI P. ANAND, ADVOCATE FOR R-6 TO R-8) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.11093-11097 OF 2016 DATED 09.03.2016.
IN WRIT APPEAL NOS.820-822 OF 2016 AND WRIT APPEAL NOS.851-852 OF 2016 (CS-EL/M) BETWEEN:
1. SRI P. ASHWATH SON OF LATE PUTTASWAMAIAH S., AGED ABOUT 48 YEARS.
2. SRI S. SIDDARAMAIAH SON OF LATE SIDDAIAH S., AGED ABOUT 58 YEARS.
3. SRI S. MAHADEVAIAH SON OF LATE SHANKARAIAH, AGED ABOUT 43 YEARS.
PETITIONER NOS.1 TO 3 ARE RESIDING AT ANKANAHALLI VILLAGE, BANNIGUPPE POST, KAILANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT - 562 159.
(BY SRI P. ANAND, ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M. S. BUILDING, BENGALURU – 560 001.
... APPELLANTS 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB-DIVISION, RAMANAGARA-562 159.
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, BMTC BUILDING, SHANTHINAGAR, BENGALURU – 560 027, REPRESENTED BY ITS SECRETARY.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA DISTRICT – 562 159.
5. THE CHIEF EXECUTIVE OFFICER VYVASAYA SEVA SAHAKARA SANGHA NIYAMITHA ANKANAHALLI, KAILANCH HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159.
6. SMT. VIJAYAMMA AGED ABOUT 52 YEARS, WIFE OF THAMMAIAH, RESIDING AT KAVANAPURA VILLAGE, LAKKOJANAHALLI POST, KAILANCH HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 159.
7. SRI K. SHIVALINGAIAH AGED ABOUT 56 YEARS, SON OF LATE KEMPEGOWDA, KAVANAPURA VILLAGE, LAKKOJANAHALLI POST, KAILANCH HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 159.
... RESPONDENTS (BY SRI LAXMINARAYANA, AGA FOR R-1,R-2 AND R-4; SRI M. KESHAVA REDDY, ADVOCATE FOR R-3; SRI DEVIPRASAD SHETTY, ADVOCATE FOR R-5;
SRI MANMOHAN P.N., ADVOCATE FOR R-6 AND R-7) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.11093-11097 OF 2016 DATED 09.03.2016.
***** THESE WRIT APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellants’ submit that so far as the relief pertaining to the election is concerned, the same has become infructuous. However, he pleads to consider the validity of Sections-39A(2) and 28A(5) of Karnataka Cooperative Societies Act, may be left open for adjudication in appropriate proceedings. His plea is accepted.
The writ appeals are disposed off with the aforesaid observations.
Pending I.A. stands rejected.
Sd/- Sd/-
JUDGE JUDGE JJ/-
CT:SM