Disposed

K M Kemparaju v. the State of Karnataka

Karnataka HC10 Aug 2021WP/12137/2020

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging the ultra vires nature of Sections 20(2)(iv) and (ii) of the Karnataka Co-operative Societies Act. Relying on a prior order upholding similar provisions, the petition was disposed of in similar terms without substantive hearing.

What did the court decide?

The writ petition was disposed of in similar terms as per an order dated 04.08.2021 passed in W.P. No. 48973 of 2019.

K M Kemparaju Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 12137 OF 2020 (CS-EL/M)

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BETWEEN:

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1 . K.M.KEMPARAJU S/O K.H. MUDIYAPPA AGED ABOUT 67 YEARS, MARVANJI ROAD KADURU CHIKAMAGALURU (SHARE CERTIFICATE NO.2953/73)

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2 . B.H.VISHWANATH S/O HANUMANTHAPPA AGED ABOUT 49 YEARS BALLEKERE ALLAGHATTA POST, KADUR CHIKAMGALORE (SHARE CERTIFICATE NO.2960/38)

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... PETITIONERS

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(BY SRI. SAILESH S KATAREY, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO OPERATION VIDHANA SOUDHA BANGALORE-560 001

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2 . THE STATE CO OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER 3^RD FLOOR, T T M C, A BLOCK K H ROAD BANGALORE-560 027

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3 . THE REGISTRAR OF CO OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD, BANGALORE-560 001

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4 . TALUK AGRICULTURE PRODUCERS MARKETING CO OPERATIVE SOCIETY KADURU TALUK CHIKKAMAGALURU-577 548 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

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5 . THE DEPUTY COMMISSIONER AND ALSO THE DISTRICT ELECTION OFFICER OF TALUK AGRICULTURE PRODUCERS MARKETING CO OPERATIVE SOCIETY KADURU CHIKAMAGALURU-577 548

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6 . THE ASSISTANT COMMISSIONER AND RETURNING OFFICER OF TALUK AGRICULTURE PRODUCERS MARKETING CO OPERATIVE SOCIETY KADURU CHIKAMAGALURU-577 548

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7 . THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKAMAGALURU SUB DIVISION CHIKKAMAGALURU-577 548 ALSO VOTERS LIST SCRUTINY OFFICER OF TALUK AGRICULTURE PRODUCERS MARKETING CO OPERATIVE SOCIETY

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... RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP FOR R1, R3 & R5 TO R7 SRI T.L.KIRAN KUMAR, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, DIRECTION OR AN ORDER DECLARING THAT SECTION 20(2) (iv) AND (iv) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE CONSTITUTION OF INDIA AND ETC,

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

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O R D E R

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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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K M Kemparaju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

K M Kemparaju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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