This writ petition challenging provisions of the Karnataka Co-operative Societies Act was dismissed on the preliminary ground that elections had already been conducted, rendering the petition infructuous.
The writ petition was dismissed as infructuous.
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 1ST DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No. 1260 OF 2020 (CS-EL/M)
BETWEEN :
SWAJESH JAIN S/O SANATH KUMAR JAIN AGE 44 YEARS RESIDING AT AMTOOR GUTTHU MANE POST AMTOOR, BANTWAL TALUK …PETITIONER
(BY SHRI. CHARAN KUMAR, ADVOCATE FOR SHRI APARAJITHA ARIGA.K, ADVOCATE)
(THROUGH VIDEO CONFERENCE)
AND :
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DAKSHINA KANNAD DISTRICT
(BY SMT. RASHMI PATEL, HCGP FOR R1, R4 & R6) SHRI. G V SHASHIKUMAR FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA CO-OPERATUVE 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 PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned advocate for the petitioners submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He undertakes to file a memo to this effect. Once received, memo shall be kept in record.
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2. In the circumstance, petition is dismissed as having
become infructuous.
No costs.
Sd/JUDGE
AV
SWAJESH JAIN
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION COMMISSION
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
THE MANAGER P.C.A. AND R.D. BANK LTD
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
