Petitioners challenged the constitutional validity of certain sections of the Karnataka Co-operative Societies Act. The High Court disposed of the petition by referring to a prior order declared valid.
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 13TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.11931/2020 (CS-EL/M)
BETWEEN
5. H N MAHADEVASWAMY S/O NANJAPPA
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AGE ABOUT 48 YEARS HADINARU VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
11. CHIKKAMADAPPA S/O PUTTAMADAPPA
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AGE ABOUT 48 YEARS HADINARU VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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25. KUMARASWAMY
S/O LATE CHANAPPA AGE ABOUT 38 YEARS KUGULURU VILLAGE AND POST NANJANGUDU TALUKU MYSORE DISTRICT-571301
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32. THIMMABHOYI
S/O CHIKKABHOYI AGE ABOUT 56 YEARS HADINARU VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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54. MAHADEVU
S/O BEEREGOWDA AGE ABOUT 43 YEARS ADAKANAHALLI VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
56. MADAPPA
S/O LATE MADEGOWDA @ NANJUNDEGOWDA AGE ABOUT 59 YEARS ADAKANAHALLI VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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86. SWAMY
S/O NANJAPPA AGE ABOUT 45 YEARS ECHAGALLI VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
88. KEMPANNA
S/O LATE AGRANNE MALLAPPA AGE ABOUT 54 YEARS ECHAGALLI VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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91. BASAVARAJU
S/O BASAPPA AGE ABOUT 45 YEARS ECHAGALLI VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
92. RANI
W/O SHVIANNA AGE ABOUT 40 YEARS ECHAGALLI VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
93. MADAPPA
S/O DODDALINGAPANA MARAPPA AGE ABOUT 60 YEARS HOSAKOTE VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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S/O LATE PUTTASWAMAPPA AGE ABOUT 38 YEARS GATTAVADIPURA VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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AGE ABOUT 58 YEARS HALLRE VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
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AGE ABOUT 48 YEARS HAGINAVALU VILLAGE NANJANGUDU TALUKU MYSORE DISTRICT-571301
...PETITIONERS
(BY SRI.SANDESH.T.B, ADV.)
AND:
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...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1 & R3-R5 SRI.T.L.KIRAN KUMAR, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA.
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 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
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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
2 issues framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 are ultra vires.
Whether the said provisions violate Article 243ZI and 243ZO of the Constitution of India.
Colour shows how this judgement treated each authority
W.P.No.48973 of 2019 and connected mattersFollowed¶240
2 provisions across 2 enactments
H N Nanjappa and others
State of Karnataka
Co-operative Election Authority
District Election Officer
Nanjangud Taluka Agricultural Produce Co-operative Marketing Societies Ltd.
P.S.Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
