A writ petition challenging election eligibility for cooperative society members was disposed of in the same terms as an earlier order dated 04.08.2021 regarding the validity of certain Act sections.
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.
1
DATED THIS THE 13TH DAY OF AUGUST, 2021
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.12407 OF 2020 (CS-EL/M)
BETWEEN
2
CHITRADURGA TALUK AND DISTRICT,
PIN - 577 501.
...PETITIONERS (BY SRI. R. SHASHIDHARA, ADVOCATE)
3
AND:
| 1. | THE STATE OF KARNATAKA, R/P BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M. S. BULIDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. |
|---|---|
| 2. | THE STATE CO-OPERATIVE ELECTION COMMISSION, BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C 'A' BLOCK, K. H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. |
| 3. | DISTRICT ELECTION OFFICER / DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITRADURGA DISTRICT, CHITRADURGA - 577 501. |
| 4. | THE RETURNING OFFICER, BENAKANAHALLI PACCS, BENAKANAHALLI CHITRADURGA TALUK / FDA OFFICE OF DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITES, CHITRADURGA - 577 501. |
| 5. | BENAKANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., BENAKANAHALLI VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501. R/P BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENTS |
(BY SMT.RASHMI PATEL, HCGP FOR R1, R3, R4; 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 DIRECT THE RESPONDENTS 3 AND 4 TO CONDUCT THE ELECTIONS BY PERMITTING THE PETITIONERS TO
4
PARTICIPATE IN THE ELECTION PROCESS BY CONTESTING AND VOTING IN THE ELECTION.
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 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 passed in W.P.Nos.48973 of 2019 and connected matters .
Sd/JUDGE
VM
S. Thippeswamy and others
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
