The court disposed of writ petitions filed by cooperatives challenging election conduct and seeking mandatory elections without specific statutory provisions. The petitions were rendered infructuous and disposed of upon counsel's withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE G. NARENDAR WRIT PETITION NOS.106293-297 OF 2018 (CS,EL/M)
BETWEEN
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SOCIETY LTD., AT. RAMAGERI-582 116 LAKSHEMWAR-TALUKU DISTRICT- GADAG REPRESENTED BY ITS CHEIF EXECUTIVE OFFICER SRI. MAHESH ONTAMURI S/O SHIVANAND AGE.23 YEARS, OCC. SERVICE, R./O PETABANA LXMESHWAR DIST. GADAG. 5. LAXMESHWAR SAHAKARI VIEWERS PRODUCERS CO OPERATIVE SOCIETY LTD., AT. LAXMESHWAR-582 116 LAKSHMESHWAR-TALUKU DISTRICT- GADAG REPRESENTED BY ITS SECRETARY SRI. SURESH UNKI AGE.54 YEARS, OCC. SERVICE, R/O BASTI BANA LAXMESHWAR, DIST. GADAG.
... PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE)
AND
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K.C.D. BANK, DHARWAD, SUBHASH ROAD, DHARWAD-580001.
... RESPONDENTS
(BY SRI. RAJA RAGHAVENDRA NAIK, HCGP, FOR R1 & R3; SRI. HEMANTKUMAR L HAVARGI, ADV., FOR R2 & R5; SRI. C. V. ANGADI, ADV., FOR R4; R6 & R7 – NOTICE SERVED BUT UNREPRESENTED)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE OF DECLARE THAT SECTION 20(2) (a-iv) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA DIRECT THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE K.C.C BANK/4TH RESPONDENT FOR THE TERM 2018-19 TO 2022-23 SCHEDULED TO BE HELD ON 28.10.2018 WITHOUT APPLYING SECTION 20(2) (a-iv) (a-v) OF THE ACT.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel, Sri. Hemanthkumar L. Havargi, accepts notice on behalf of respondents 2 and 5 and he is directed to file power within eight weeks.
Sd/JUDGE
yan
Sri. Someshwara Farmers Co-operative Spinning Mill Employ Co-operative Society Ltd
Sri. Someshwara Kalyana Housing Co-operative Society Ltd
Ashakiran Mahila Multipurpose and Art and Craft Producers Co-operative Society Ltd
Puligere Consumer Co Operative Society Ltd
Laxmeshwar Sahakari Viewers Producers Co Operative Society Ltd
State of Karnataka
G. NARENDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
