Disposed

Sri S B Mahadev v. the State of Karnataka

Karnataka HC16 Aug 2021WP/12019/2020

Case brief

AI extract

What is this about?

This Writ Petition challenged the validity of Section 20(2)(A-IV) and (A-V) of the Karnataka Co-operative Societies Act, asserting they were ultra vires legislative competence and violated constitutional articles 243ZI and 243ZO. The High Court of Karnataka disposed of the petition in similar terms as an earlier order involving the same statutory provisions.

What the court decided

AI extract

Sri S B Mahadev Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

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WRIT PETITION No.12019 OF 2020 (CS-EL/M)

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BETWEEN:

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1 . SRI S.B. MAHADEV S/O LATE BASAVAIAH AGED ABOUT 59 YEARS SADHOLALU VILLAGE AND POST MADDUR TALUK, MANDYA DISTRICT PIN-571 428.

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2 . SRI B. RAJEGOWDA S/O LATE BOREGOWDA AGED ABOUT 68 YEARS THURUBANAHALLI VILLAGE AND POST NAGAMANGALA TALUK MANDYA DISTRICT PIN-560090.

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3 . SRI M. BASAVARAJU S/O MADHEGOWDA AGED ABOUT 54 YEARS, CHOTTANAHALLI VILLAGE AND B G PURA HOBLI MALAVALLI TALUK MANDYA DISTRICT PIN-571429.

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4 . SRI NARASHIMHA NAYAKA S/O LATE VENKATA NAYAKA AGED ABOUT 45 YEARS VADDARAHALLI VILLAGE AND BETTALLI POST, CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT -571428.

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…PETITIONERS

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(BY SRI. ASHOK KUMAR M.C., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR AMBEDKAR VEEDHI BENGALURU-01 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2 . THE STATE COOPERATIVE ELECTION COMMISSION, 3^RD FLOOR, SHANTHINAGAR T. T.M.C. ‘A’ BLOCK SHANTHINAGAR BENGALURU-27 REPRESENTED BY ITS SECRETARY. 3 . DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT ELECTION OFFICER MANDYA DISTRICT MANDYA PIN-571401. 4 . THE REGISTRAR OF CO-OPERATIVE SOCIETY ALI ASKER ROAD NEAR RAJ BHAVAN VASANTH NAGAR BANGALORE-560 052 REPRESENTED BY ITS SECRETARY. 5 . THE CHIEF OPERATING OFFICER MANDYA DISTRICT CO OPERATIVE AGRICULTURE PRODUCTION AND SALES UNITY NIYAMITHA MANDYA DISTRICT MANDYA-571428.

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...RESPONDENTS

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(BY SRI. B.V. KRISHNA, AGA FOR R1, 3, & 4 ; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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DECLARE THAT SECTION 20(2)(A-IV) AND (A-V) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES OF LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA DIRECT THE R-2, 3, 4 AND 5 TO CONDUCT THE ELECTION TO R-5 SOCIETY FOR THE TERM 2020-25 WITHOUT REFERENCE TO SECTION 20(2) (A-IV) AND (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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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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In view of the said order, this petition is disposed of in similar terms as per order dated 04.08.2021 passed in W.P. No.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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bnv*

Sri S B Mahadev v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri S B Mahadev v. the State of Karnataka

Case brief

What is this about?

What the court decided

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