1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR

WRIT PETITION NO.4002 OF 2020 (CS-EL/M)

BETWEEN

1 .

N D PUTTEGOWDA

S/O DODDEGOWDA

AGED ABOUT 47 YEARS,

MEMBERSHIP NO. 116/2

2 .

V.C.NANJUNDASWAMI

S/O CHOWEDEGOWDA,

AGED ABOUT 34 YEARS,

MEMBERSHIP NO. 64/3

3 .

KUMAR K T

S/O THAMMEGOWDA,

AGED ABOUT 46 YEARS,

MEMBERSHIP NO. 127/2

4 .

P.S.NATARAJ

S/O P.C.MALLAPPA

AGED ABOUT 48 YEARS,

MEMBERSHIP NO. 17/3

5 .

H.T.NAGENDRA

S/O THAMMEGOWDA,

AGED ABOUT 44 YEARS,

MEMBERSHIP NO. 64/1

2

6 .

K.S.JAGADISH

S/O SANNEGOWDA

AGED ABOUT 46 YEARS,

MEMBERSHIP NO. 68/3

7 .

RAMESH

S/O CHALUVAIA

AGED ABOUT 47 YEARS,

MEMBERSHIP NO. 117/2

8 .

VENKATESH

S/O MANCHAIAH

AGED ABOUT 45 YEARS,

MEMBERSHIP NO. 113/2

9 .

NANJUNDASWAMI

S/O BANDHIGAIAH

AGED ABOUT 49 YEARS,

MEMBERSHIP NO. 177/2

10 . RACHAIAH

S/O MANTALINGAIAH

AGED ABOUT 50 YEARS,

MEMBERSHIP NO. 8/3

11 . P.MADHU

S/O G.PUTTASWAMI

AGED ABOUT 28 YEARS,

MEMBERSHIP NO. 56/3

12 . B.K.SHIVANNA

S/O KEMPAIAH

AGED ABOUT 43 YEARS,

MEMBERSHIP NO. 55/3

13 . N.SIDDARAJU

S/O NANJENGOWDA

AGED ABOUT 45 YEARS,

MEMBERSHIP NO. 65/3

3

14 . MADANAYKA

S/O NANJAIAH

AGED ABOUT 58 YEARS,

MEMBERSHIP NO. 61/3

15 . K.JAYARAMU

S/O KEMPAIAH,

AGED ABOUT 46 YEARS,

MEMBERSHIP NO. 94/3

16 . HONNEGOWDA

S/O HONNEGOWDA

AGED ABOUT 47 YEARS,

MEMBERSHIP NO. 141/2

17 . K.SHAHIKALA

S/O KUMARASWAMY

AGED ABOUT 41 YEARS,

MEMBERSHIP NO. 191/2

18 . M.H.PREMAKUMARI

S/O M.H.HNNARAJU

AGED ABOUT 45 YEARS,

MEMBERSHIP NO. 37/3

19 . M.SHILPA

S/O C.MAHESH

AGED ABOUT 40 YEARS,

MEMBERSHIP NO. 46/3

20 . K.T.SHIVAMADU

S/O THAMMAIAH

AGED ABOUT 45 YEARS,

MEMBERSHIP NO.52/3

21 . EREGOWDA

S/O KEMPEGOWDA

AGED ABOUT 46 YEARS,

MEMBERSHIP NO. 74/1

4

22 . B.R.PUTTASWAMI

S/O RAMAKRISHNA

AGED ABOUT 58 YEARS,

MEMBERSHIP NO. 53/3

23 . H.UMESH GOWDA

S/O NAGANNA

AGED ABOUT 58 YEARS,

MEMBERSHIP NO. 57/3.

PETITIONERS ARE PRIMARY MEMBERS OF

MANDYA DISTRICT PRIMARY AGRICULTURE

CREDIT CO-OP SOCIETIES EMPLOYEES

MULTI PURPOSE CO-OP SOCIETY LTD.

MANDYA DISTRICT

MANDYA.

... PETITIONERS

(BY SRI. KANTHARAJU C.S., ADVOCATE (VIDEO CONFERENCE))

AND

1 .

THE STATE OF KARNATAKA

BY ITS SECRETARY,

DEPARTMENT OF CO-OPERATION,

VIDHANASOUDHA,

BENGALURU – 560 001.

2 .

THE STATE CO-OPERATIVE ELECTION COMMISSION

BY ITS COMMISSIONER,

3RD FLOOR, T.T.M.C 'A' BLOCK,

K.H.ROAD, SHANTHINAGARA,

BENGALURU - 560 027.

3 .

THE REGISTRAR OF CO-OPERATIVE

SOCIETIES IN KARNATAKA

NO.1, ALI ASKAR ROAD,

BENGALURU - 560 001.

5

4 .

THE ELECTION OFFICER

AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

MANDYA DISTRICT

MANDYA - 571 401.

5 .

THE RETURNING OFFICER

MANDYA DISTRICT PRIMARY AGRICULTURE CREDIT

CO-OP SOCIETIES EMPLOYEES

MULTI PURPOSE CO-OP SOCIETY LTD.

MANDYA DISTRICT

MANDYA - 571 402.

6 .

MANDYA DISTRICT PRIMARY AGRICULTURE CREDIT

CO-OP SOCIETIES EMPLOYEES MULTI PURPOSE,

CO-OP SOCIETY LTD,

MANDYA DISTRICT

MANDYA – 571 402

REPRESENTED BY ITS SECRETARY. …RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3 TO R5

SRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2)

*****

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

CONSTITUTION OF INDIA AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard Shri. Kantharaju C.S., learned advocate for

petitioners, Smt. Niloufer Akbar, learned AGA for respondents

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No.1, 3 to 5 and Sri. G.V. Shashikumar, learned counsel for

respondent No.2.

2.

Learned AGA submits that in this petition, petitioners have

prayed for only voting rights. Elections have b