The High Court of Karnataka disposed of a writ petition challenging the validity of certain sections of the Karnataka Co-operative Societies Act as ultra vires the Constitution, doing so in similar terms to a decision passed in W.P.No.48973 of 2019.
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 AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1145/2019 (CS-EL/M)
BETWEEN:
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AGED ABOUT 34 YEARS, R/AT NO.26/2B, MATHRU NILAYA, 16TH CROSS, RAMANUJA ROAD, FORT MOHALLA, MYSORE-570004.
...PETITIONERS
(BY SRI CHANDRAKANTH R. PATEL, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI M. VINODKUMAR, AGA FOR R1 TO R4; R5 SERVED AND UNREPRESENTED)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SEC. 20(a-iv)(a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARICLE 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA;
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R
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.
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No costs.
Sd/JUDGE
Gss*
Colour shows how this judgement treated each authority
W.P.No.48973 of 2019Referred¶27
SRI PANCHAKSHARI G. M.
BASAVARAJU D
SRI. PRATHIDWANI PRASAD S/O SOMARADYA
SMT. NAGAJYOTHI B
STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
