Writ Petition No. 20685 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:16255 WP No. 20685 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20685 OF 2023 (CS-EL/M) BETWEEN: 1. GANGANNA, S/O LATE AYSHAMAIAH, AGED ABOUT 80 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.08. 2. SOMASHEKARIAH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 3. S/O HONNU SHAMAIAH, AGED ABOUT 62 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.41. LAKSHMAMMA W/O CHENNARAYAPPA AGED ABOUT 72 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.48. - 2 - NC: 2025:KHC:16255 WP No. 20685 of 2023 4. SIDDHALINGAPPA, S/O LATE REVANNAPPA, AGED ABOUT 70 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.51. 5. GAIBAN KHAN, W/O KAREEM KHAN, AGED ABOUT 85 YEARS, RESIDING AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.53. 6. AMEED KHAN, S/O KALEEL KHAN, AGED ABOUT 71 YEARS, RESIDING AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.62. 7. JAHEERA BI, W/O SAABU SAAB, AGED ABOUT 88 YEARS, RESIDING AT A K LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.64. - 3 - NC: 2025:KHC:16255 WP No. 20685 of 2023 8. KHASIM KHAN, S/O CHOTA KHAN, AGED ABOUT 75 YEARS, RESIDING AT A K LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.76. 9. RANGSHAMAIAH, S/O PUTTARANGAIAH, AGED ABOUT 76 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.117. 10. PUTTA SHAMAIAH, S/O SAMPIGAIAH, AGED ABOUT 70 YEARS, RESIDING AT DYAVAYANA PALYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.132. 11. BABU, S/O RAHAMTH KHAN, AGED ABOUT 45 YEARS, RESIDING AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.144. - 4 - NC: 2025:KHC:16255 WP No. 20685 of 2023 12. RAMANNA G, S/O THIMMARAYAPPA, AGED ABOUT 68 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.145. 13. SAABIRA BI, W/O CHOTA SAAB, AGED ABOUT 65 YEARS, RESIDING AT A K LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.160. 14. SHARADAMMA, W/O HANUMATHEGOWDA, AGED ABOUT 65 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.185. 15. NAGARATHNAMMA, W/O MAHADEVAIAH, AGED ABOUT 65 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.183. - 5 - NC: 2025:KHC:16255 WP No. 20685 of 2023 16. FATHIMA BI, W/O SHAFI ULLA AKHAN, AGED ABOUT 58 YEARS, RESIDING AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.190. 17. MARIAMMA, W/O RANGASHAMAIAH, AGED ABOUT 66 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.194. 18. MANGAMMA, W/O MUDDHAIAH, AGED ABOUT 75 YEARS, RESIDING AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.196. 19. LAKSHMAMMA, W/O GANGANNA, AGED ABOUT 65 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.197. - 6 - NC: 2025:KHC:16255 WP No. 20685 of 2023 20. GHOUSE PEER, S/O MOHAMMAD SAB, AGED ABOUT 63 YEARS, R/AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.212. 21. PUTTARAJU, S/O RANGAIAH, AGED ABOUT 55 YEARS, R/AT DYAVYANA PLAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.224. 22. GANGAHUCCHAIAH, S/O MARI HONNAIAH, AGED ABOUT 75 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.227. 23. BASAVARAJAMMA, W/O GANGAHUCCHAIAH, AGED ABOUT 63 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.228. - 7 - NC: 2025:KHC:16255 WP No. 20685 of 2023 24. PYARIJAAN, W/O KAREEM KHAN, AGED ABOUT 64 YEARS, R/AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.243. 25. SANJEEVAIAH, S/O HANUMAIAH, AGED ABOUT 68 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.312. 26. SUFIAH, W/O SYED AHMED, AGED ABOUT 59 YEARS, R/AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.316. 27. MOHAMMAD GHOUSE PEER, S/O MOHAMMAD YUSUF, AGED ABOUT 50 YEARS, R/AT SHAIK ALI LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.331. - 8 - NC: 2025:KHC:16255 WP No. 20685 of 2023 28. SHARADAMMA, W/O GUTTAIAH, AGED ABOUT 48 YEARS, R/AT DYAVAYANA PALYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.409. 29. PRAMILA, W/O SOMASHEKARAIAH, AGED ABOUT 50 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.410. 30. FARU KHAN, S/O HANEEF KHAN, AGED ABOUT 52 YEARS, R/AT A.K. LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.411. 31. JAYAMMA, W/O RAJANNA D, AGED ABOUT 50 YEARS, R/AT DYAVAYANA PALYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.412. - 9 - NC: 2025:KHC:16255 WP No. 20685 of 2023 32. MANJAMMA W/O PUTTARAJU, AGED ABOUT 45 YEARS, R/AT DYAVAYANA PALYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.416. 33. RATHNAMMA, W/O SIDDAIAH, AGED ABOUT 65 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.421. 34. SHAMI ULLA, S/O BASHA SAHEB, AGED ABOUT 70 YEARS, R/AT A.K. LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.422. 35. NANJAMMA, W/O DODARANGAIAH, AGED ABOUT 66 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.425. - 10 - NC: 2025:KHC:16255 WP No. 20685 of 2023 36. THIMAKKA, W/O RAMAKRISHNAIAH, AGED ABOUT 52 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.426. 37. AKHTAR UNNISA, W/O PYARU KHAN, AGED ABOUT 45 YEARS, R/AT A.K. LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.429. 38. MANJAMMA, W/O H.R. PUTTARAJU, AGED ABOUT 51 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.430. 39. RAMESH H R, S/O RANGASHAMAIAH, AGED ABOUT 40 YEARS, R/AT HULLENAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.431. - 11 - NC: 2025:KHC:16255 WP No. 20685 of 2023 40. TABASSUM, W/O CHAND PASHA, AGED ABOUT 39 YEARS, R/AT A.K. LAYA, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. MEMBERSHIP NO.435.
Legal Reasoning
(BY SRI. MANJUNATHA G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560 001. …PETITIONERS 2. THE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTHINAGAR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU - 560 027. 3. THE CO-OPERATIVE ELECTION AUTHORITY AND ELECTION AUTHORITY FOR CONDUCTING ELECTION, TO THE PRIMARY CO-OPERATIVE SOCIETIES IN RAMANAGARA DISTRICT, RAMANAGARA - 562 159. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, REPRESENTED BY ITS REGISTRAR, RAMANAGARA DISTRICT, RAMANAGAR - 562 159. - 12 - NC: 2025:KHC:16255 WP No. 20685 of 2023 5. THE HULLENAHALLI MILK PRODUCERS SOCIETY, REPRESENTED BY ITS SECRETARY, HULLENAHALLI THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. (KARNATAKA SOCITIES REGISTRATION ACT, 1860) 6. THE RETURNING OFFICER, HULLENAHALLI MILK PRODUCERS SOCIETY THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. (BY SRI.YOGESH D NAIK, AGA FOR R1, R3, R4 AND R6; SRI.T.L.KIRAN KUMAR FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DECLARE THAT SECTION 20(2)(A-IV) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Despite order dated 27.03.2025, none appears for the petitioners today also and process fee has also not been paid. - 13 - NC: 2025:KHC:16255 WP No. 20685 of 2023 2. The petitioners having enjoyed the benefit of the interim order, have chosen not to be represented. 3. In that view of the matter, the petition is dismissed by imposing cost of Rs.40,000/-, which shall be payable to the Karnataka Legal Service Authority. The KLSA shall be entitled to recover the said amount as arrears of land revenue. Cost of Rs.40,000/- shall be recovered at the rate of Rs.1,000/- from each of the petitioners as arrears of land revenue. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 2