Petitioners challenged the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Cooperative Societies Act, 1959 under Articles 226 and 227 of the Constitution. The court disposed of the writ petition by following a prior order passed on 13.03.2020 in connected writ petitions.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 25th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.100460/2021 (CS-EL/M)
BETWEEN:
2
3
4
5
6
Age: 44 years Occ: Agriculture, R/o: Yarebudihal, Tq: Kundgol, Dist Dharwad. Pin code 581117
7
And:
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M.S. Building, 6th Floor, Bangalore-560001
(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1 & R6; SRI.MRUTYUNJAYA S HALLIKERI, ADV. FOR R2, R4 & R5; R3 IS SERVED)
THIS WRIT PETITION IS 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)(a-iv) AND (a-v) OF THE KARNATAKA COOPERATIVE SOCIETIES AC, 1959 IS ULTRA VIRES AND LEGISLATIVE COMPETENCE AND ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners and learned counsel
appearing for respondent Nos.2, 4 and 5 and Sri.Shivaprabhu
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S. Hiremath, learned Additional Government Advocate for respondent Nos.1 and 6 submitted that the above writ petition is covered by a decision of this Court in Writ Petition Nos.204109-113/2018 and 204142-144/2018 and connected matters disposed of on 13.03.2020.
parties is placed on record.
Sd/JUDGE
EM
2 issues framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Cooperative Societies Act, 1959 is ultra vires the legislative competence of the State as per Articles 243-ZI and 243-ZO of the Constitution.
Whether the present writ petition regarding the ultra vires nature of Section 20(2)(a-iv) and (a-v) requires separate adjudication given existing precedents.
Colour shows how this judgement treated each authority
Writ Petition Nos. 204109-113/2018 and 204142-144/2018Followed¶98
4 provisions across 2 enactments
Channappa S/o Basavaneppa Mallapur
Somashekerappa
Basavaraj
Gurupadayya
Parameshwarappa
Smt Basavva
H.T.Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
