Writ petitioners challenged specific sections of the Karnataka Co-operative Societies Act and sought direction to conduct elections. The petitions were dismissed as withdrawn by a single-bench order on January 23, 2020.
None granted; writ petitions dismissed as withdrawn.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Dated this the 23rd day of January 2020
Before
THE HON’BLE MR.JUSTICE S.G. PANDIT
Writ Petition Nos.120960-121078 of 2020 (CS-EL/M)
Between:
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Membership No. 924, (Sl. No. 449 in-ineligible Voter List)
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Dist: Belagavi – 591201, Membership No. 1631,
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R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 844, (Sl. No. 378 in-ineligible Voter List)
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Age: 68 Years, Occ: Agriculture, R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 579, (Sl. No. 377 in-ineligible Voter List)
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Membership No. 129,
(Sl. No. 497 in-ineligible Voter List)
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Dist: Belagavi – 591201, Membership No. 821, (Sl. No. 603 in-ineligible Voter List)
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R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 1316, (Sl. No. 665 in-ineligible Voter List)
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Age: 60 Years, Occ: Agriculture, R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 1196, (Sl. No. 660 in-ineligible Voter List)
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Membership No. 1645,
(Sl. No. 692 in-ineligible Voter List)
(Sl. No. 278 in-ineligible Voter List)
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Dist: Belagavi – 591201, Membership No. 338, (Sl. No. 320 in-ineligible Voter List)
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R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 1647, (Sl. No. 693 in-ineligible Voter List)
Age: 69 Years, Occ: Agriculture, R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 367, (Sl. No. 535 in-ineligible Voter List)
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Age: 68 Years, Occ: Agriculture, R/O: Shiragaon, Tq: Chikkodi, Dist: Belagavi – 591201, Membership No. 1549, (Sl. No. 684 in-ineligible Voter List)
And:
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“A” Block, Shantinagar, Bengaluru – 560027, Represented by its Secretary.
(By Smt. Veena Hegde, AGA for R1)
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of appropriate nature to declare that Section 20(2)(aiv)(a-v) of the Karnataka Co-operative Societies Act, is ultra vires the legislative competence and Article 243ZI and 243ZO of the Constitution of India; and issue a writ of mandamus directing the respondents to conduct the elections to the 6th respondent for the term 2020-2025 scheduled to be held on 25.01.2020 without applying section 20(2)(a-iv)(a-v) of the Act, marked at Annexure-A.
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These Writ Petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER
Learned counsel for the petitioners files a memo
dated 23.01.2020 seeking leave to withdraw the petitions. Memo is placed on record. The writ petitions
are dismissed as withdrawn.
Sd/JUDGE
Kms
3 issues framed by the court
Whether petitions could be withdrawn after being filed challenging the legislative competence of section 20(2)(aiv)(a-v) of the Karnataka Co-operative Societies Act.
Whether the High Court should have enforced the conduct of elections without applying the impugned section of the Act.
Whether a writ could be issued directing the filling of vacancies under the Karnataka Co-operative Societies Act.
2 provisions across 2 enactments
Chetan S/o Ramgouda Patil and others
State of Karnataka
The Co-operative Election Authority
The Registrar of Co-operative Societies
District Co-operative Election Officer, Belagavi
Returning Officer, Prathamik Krishi Pattina Sahakari Sangh Niyamit
S.G. PANDIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
