This Writ Petition challenging the validity of the 97th Constitutional Amendment was disposed of by this Court in similar terms as an earlier order in connected matters.
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 27TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.1140/2020 (CS EL/M)
BETWEEN:
DAVANAGERE AND HARIHARA DIVISION KEB EMPLOYEES CREDIT CO-OPERATIVE SOCIETY, REP. BY ITS VICE PRESIDENT, SRI H T CHANDRAPPA, S/O HANUMAPPA, AGED ABOUT 56 YEARS, HADADI ROAD, DAVANAGERE-577005
... PETITIONER
(BY SRI.D.R.RAVISHANKAR, ADV.)
AND:
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BENGALURU-560002,
REP. BY ITS CHAIRMAN
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973 of 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.
2. In view of the said order, this petition is disposed
of in similar terms as per order dated 04.08.2021 in W.P.Nos.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
VM
3 provisions across 1 enactments
DAVANAGERE AND HARIHARA DIVISION KEB EMPLOYEES CREDIT CO-OPERATIVE SOCIETY
THE UNION OF INDIA
THE STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION AUTHORITY
REGISTRAR OF CO-OPERATIVE SOCIETIES
PRATHAMIKA SAHAKARA SAGHAGALA CHUNAVANADHIKAARI AND CO-OP SOCIETY
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
