The Court disposed of a writ petition challenging the validity of Sections 20(a-iv) and (a-v) of the Karnataka Co-operative Societies Act on the grounds of legislative competence and violation of Constitutional Articles 243ZI and 243ZO.
The petition was disposed of in similar terms to the order dated 04.08.2021 in W.P.No.48973/2019.
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.
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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.11997 OF 2020 (CS-EL/M)
BETWEEN :
KRISHNEGOWDA S/O RANGEGOWDA AGED ABOUT 55 YEARS KARIGOWDARABEEDI HUNSUR TALUK MYSURU DISTRICT-571 105 …PETITIONER
(BY SHRI.T.B.SANDESH, ADVOCATE)
AND :
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MYSURU
MYSURU DISTRICT-570 001
(BY SMT. RASHMI PATEL, HCGP FOR R1, R3 TO R5; SHRI. 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(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 AND 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.48973/2019 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
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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.
No costs.
Sd/JUDGE
AV
1 issue framed by the court
Whether Section 20(a-iv) and (a-v) of the Karnataka Co-operative Societies Act are ultra vires the legislative competence and Articles 243ZI and 243ZO of the Constitution.
Colour shows how this judgement treated each authority
W.P.No.48973/2019Relied on¶24
2 provisions across 2 enactments
KRISHNEGOWDA S/O RANGEGOWDA
THE STATE OF KARNATAKA
THE CO OPERATIVE ELECTION AUTHORITY
DISTRICT ELECTION OFFICER
DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
RETURNING OFFICER HUNSURU TALUK 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
