The Karnataka High Court disposed of a writ petition challenging the validity of specific sections of the Karnataka Co-operative Societies Act, 1959, relying on an earlier order dated 04.08.2021.
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 AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.10085 OF 2020 (CS-EL/M)
BETWEEN :
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HALALGURU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430 REPRESENTED BY ITS DIRECTOR/DELEGATE SRI H C RAMESH S/O H.R. CHIKKALINGEGOWDA MEMBERSHIP NO 3/1
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| 9. | SRI M G RANGASWAMY |
|---|---|
| S/O LATE D GOVINDAIAH AGED ABOUT 50 YEARS R/A SRI UDAYARANGA NILAYA G.M. ROAD, MALAVALLI TOWN MALAVALLI TALUK MANDYA DISTRICT-571430 MEMBERSHIP NO 144/15 |
|
| 10. | SRI K.H. VENAKTESH S/O HONNAGIRIGOWDA AGED ABOUT 55 YEARS R/A 4595, HARASUVE NILAYA K.H.B. STREET, MALAVALLI TOWN MALAVALLI TALUK, MANDYA DIST-571430 MEMBERSHIP NO 155/9 |
| 11. | SRI M HARIDAS S/O MOHANDAS AGED ABOUT 65 YEARS PETE MALAVALLI TOWN MALAVALLI TALUK MANDYA DIST-571430 MEMBERSHIP NO 55/6 |
| 12. | SRI. M MADANDAS S/O MOHANDAS AGED ABOUT 55 YEARS PETE MALAVALLI TOWN MALAVALLI TALUK MANDYA DIST-571430 MEMBERSHIP NO 111/5 |
| 13. | SRI M B NAGASUNDAR S/O M BASAPPA AGED ABOUT 65 YEARS PETE MALAVALLI TOWN MALAVALLI TALUK MANDYA DIST-571430 MEMBERSHIP NO 124/3 |
| 14. | SRI M R SHIVARAJU S/O C RAJAPPA AGED ABOUT 48 YEARS R/O PETE VOKKALAGERE MALAVALLI TOWN |
| MALAVALLI TALUK |
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MANDYA DIST-571430 MEMBERSHIP NO 57/6
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| 20. | R MAHAVEERCHAND |
|---|---|
| S/O LATE RIKHABCHAND | |
| AGED ABOUT 52 YEARS PETE MALAVALLI TOWN |
|
| MALAVALLI TALUK MANDYA DIST-571430 |
|
| MEMBERSHIP NO 190/15 | |
| 21. | T C CHOWDAIAH |
| S/O LATE CHOWDAIAH | |
| AGED ABOUT 48 YEARS | |
| TALAGAVADI VILLAGE | |
| KIRUGAVALU HOBLI MALAVALLI MANDYA DIST-571430 MEMBERSHIP NO 58/12 |
|
| 22. | D PRAKASH |
| S/O DODDALINGAIAH | |
| AGED ABOUT 47 YEARS | |
| R/AT KAGEPURA VILLAGE | |
| KIRUGAVALU HOBLI MALAVALLI |
|
| MANDYA DIST-571430 | |
| MEMBERSHIP NO 1/6-8/1 | |
| 23. | DEELIP KUMAR |
| S/O K CHOWDAIAH | |
| AGED ABOUT 33 YEARS | |
| TALAGAVADI VILLAGE | |
| KIRUGAVALU HOBLI MALAVALLI |
|
| MANDYA DIST-571430 | |
| MEMBERSHIP NO 71/13 | |
| 24. | D C CHOWDEGOWDA |
| S/O CHOWDEGOWDA | |
| AGED ABOUT 40 YEARS | |
| R/A DEVIPURA VILLAGE | |
KIRUGAVALUR HOBLI MALAVALLI |
|
| MANDYA DIST-571430 | |
| MEMBERSHIP NO 128/10 | |
| 25. | T C CHANDRASHEKAR |
| S/O LATE CHOWDAIAH | |
| AGED ABOUT 42 YEARS |
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TALAGAVADI VILLAGE KIRUGAVALU HOBLI MALAVALLI MANDYA DIST-571430 MEMBERSHIP NO 195/9
S/O LATE BOREGOWDA AGED ABOUT 58 YEAS R/A T.KAGEPURA VILLAGE KIRUGAVALU HOBLI MALAVALLI MANDYA DIST-571430 MEMBERSHIP NO 113/8
29. VENKATALAKSHMAMM
W/O LATE HANUMANTHAIAH AGED ABOUT 54 YEARS TALAGAVADI VILLAGE KIRUGAVALU HOBLI MALAVALLI MANDYA DIST-571430 MEMBERSHIP NO 52/9
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MALAVALLI MANDYA DIST-571430 MEMBERSHIP NO 52/9
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MEMBERSHIP NO 171/6 …PETITIONERS
(BY SHRI.MAHAMMED TAHIR, ADVOCATE)
AND :
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
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SECTIONS 20(2)(a-iv) AND (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973/2019 and connected matters, wherein the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959, was challenged. While upholding the validity, this Court has observed that the amended provisions of the Act namely, Section 20(2)(a-iv) and (a-v) shall be effective for elections to be held post disposal of the writ petitions and all actions prior to the date of pronouncement of order shall remain undisturbed.
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04.08.2021 passed in W.P.No.48973/2019 and connected
matters .
No costs.
Sd/JUDGE
AV
2 provisions across 2 enactments
PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY NELLAMAKANAHALLI AND OTHERS
THE STATE OF KARNATAKA AND OTHERS
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
