1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 28^TH DAY OF MAY 2021

BEFORE

THE HON9BLE MR. JUSTICE H.T.NARENDRA PRASAD

WRIT PETITION NO.148117/2020 (CS-EL/M)

BETWEEN:

1 . PRATHAMIKA KRUSHI PATTINA

SAHAKAR SANGHA (LTD) BANDRALU,

REPRESENTED BY ITS PRESIDENT

G.MAREGOUDA S/O. DODDA RUDRAGOUDA

AGE : 57 YEARS, R/O : BANDRAL,

TQ : SIRUGUPPA

2 . PRATHAMIKA KRUSHI PATTINA

SAHAKAR SANGHA (LTD) K.BELAGALLU

REPRESENTED BY ITS PRESIDENT

C.PALAKSHI GOUDA S/O. BASAVA GOUDA

AGE : 38 YEARS,

R/O : BELAGAL,

TQ : SIRUGUPPA

.. PETITIONERS

(BY SRI. SADIQ N. GOODWALA, ADVS.)

AND:

1 . THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY,

TO THE DEPARTMENT OF CO-OPERATION,

M.S.BUILDING, BENGALURU-560 001

2 . THE STATE OF CO-OPERATIVE ELECTION

COMMISSION, 3RD FLOOR, A BLOCK,

TPMC BUILDING, SHANTINAGAR,

BENGALURU-560 027

REPRESENTED BY ITS ELECTION COMMISSION

3 . THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY

NIJALINGAPPA COLONY, RAICHUR.

2

4 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY

NEAR JANATA BAZAR, BALLARI

5 . THE TAPCMS

SIRUGUPPA, TQ : SIRUGUPPA

DIST: BALLARI

REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

6 . THE RETURNING OFFICER

TAPCMS, SIRUGUPPA, DIST: BALLARI

7 . P.K.P.S. CO-OPERATIVE SANGHA

BANDRALU BY ITS SECRETARY,

TQ : SIRUGUPPA, DIST: BALLARI

8 . P.K.P.S.SOCIETY

BY ITS SECRETARY, K.BELAGAL

TQ : SIRUGUPPA, DIST: BALLARI

.. RESPONDENTS

(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESPONDENTS 1,

3 & 4 .

SRI. HEMANTHKUMAR L. HAVARAGI, ADV. FOR RESPONDENTS 2

AND 6.

RESPONDENT NOS.5, 7 AND 8 SERVED.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

OR ORDER TO DECLARE THAT SECTION 20(II)(A-IV)(A-V) OF THE

KARNATAKA CO-OPERATIVE SOCIETIES ACT AND ULTRAVIRUS ACT

AND LEGISLATIVE AND ARTICLE 243(Z-I) AND 243(Z-O) OF THE

CONSTITUTION OF INDIA. B.ISSUE A WRIT IN THE NATURE OF

MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR

DIRECTION DIRECTING THE RESPONDENTS TO PERMIT THE

PETITIONERS TO PARTICIPATE IN THE ELECTION PROCESS

INCLUDING RIGHT TO VOTE AND CONTEST TO THE ELECTION

SCHEDULED BE HELD ON 20.10.2020 FOR THE COMMITTEE OF

MANAGEMENT OF RESPONDENT NO.5 TAPCMS WITHOUT APPLYING

SECTION 20(II)(A-IV)(A-V) OF THE ACT.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

3

ORDER

Learned counsel for the petitioners and also learned

counsel for respondent Nos.2 and 6 and learned Additional

Government Advocate for respondent Nos.1, 3 and 4 submit

that the writ petition is covered by the decision of this Court

in Writ Petition Nos.204109-113/2018 and 204142-144/2018

and connected matters disposed of on 13.03.2020.

Submission of the learned counsel appearing for the

parties is taken on record.

In view of the aforesaid fact, the writ petition is

disposed of in terms of the order passed by this Court in Writ

Petition Nos.204109-113/2018 and 204142-144/2018 and

connected matters disposed of on 13.03.2020.

Sd/-

JUDGE

Kmv