The Karnataka High Court disposed of a writ petition challenging the validity of certain sections of the Karnataka Co-operative Societies Act and directing preparation of voter lists, ordering the petition disposed of in terms of a previous judgment on the same issue.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.11963 OF 2020 (CS-EL/M)
BETWEEN:
PRESIDENT, PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITHA JADE, SORAB TALUK SHIVAMOGGA DISTRICT-577429.
…PETITIONERS (BY SRI. PRUTHVI WODEYAR., ADVOCATE)
AND:
2 . THE CO-OPERATIBVE ELECTION AUTHORITY 3RD FLOOR, TTMC ‘A’ BLOCK SHANTHI NAGAR BENGALURU-560027 REPRESENTED BY ITS SECRETARY
2
...RESPONDENTS
(BY M. VINOD KUMAR, AGA FOR R1, R4 & R5) SRI. T.L. KIRAN KUMAR, ADVOCATE 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) AND (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES OF LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA DIRECT THE RESPONDENT NO.5 TO PREPARE THE VOTERS LIST OF R-3 SOCIETY FOR THE TERM 2020-25 IN ACCORDANCE WITH THE LIST OF MEMBERS WITHOUT INSISTING FOR COMPLIANCE OF SECTION 20(A-IV) (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES 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 of 2019 and connected matters, wherein the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act,
3
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.
disposed of in similar terms as per order dated 04.08.2021 passed in W.P. No.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
bnv*
1 issue framed by the court
Whether to declare Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 ultra vires Legislative Competence and Articles 243ZI and 243ZO of the Constitution of India.
Colour shows how this judgement treated each authority
W.P. No.48973 of 2019Referred¶23
Prathamika Krushi Pattina Sahakara Sangha NIyamitha & Shivamurthy Gowda
The State of Karnataka
P.S.Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court