Dismissed

S. Raju v. the State of Karnataka

Karnataka HC27 Aug 2021WP/1286/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959, by relying on a previous order dated 04.08.2021 which upheld the provisions' validity for future elections.

What did the court decide?

The petition was disposed of in similar terms as the earlier W.P. No. 48973 of 2019 order.

S. Raju Vs the State of Karnataka — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27TH 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.1286/2020 (CS EL/M)

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BETWEEN:

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S. RAJU S/O SIDDEGOWDA AGED ABOUT 40 YEARS,

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K SALUNDI VILLAGE, MYSURU TALUK

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MYSURU DISTRICT-5713101

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PACHEGOWDA

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S/O POTTEGOWDA AGED ABOUT 50 YEARS, K SALUNDI VILLAGE, MYSURU TALUK

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MYSURU DISTRICT-5713101

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3. MAHADEVA

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S/O SHANTHEGOWDA AGED ABOUT 36 YEARS, MUGANAHUNDI VILLAGE, MYSURU TALUKU

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MYSURU DISTRICT-571301

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KALEGOWDA S/O LATE HALEGOWDA AGED ABOUT 50 YEARS, MUGANAHUNDI VILLAGE, MYSURU TALUK

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MYSURU DISTRICT-571301

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CHIKKENAMMA W/O LATE HALEGOWDA

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AGED ABOUT 42 YEARS, MYSURU TALUKU MYSURU DISTRICT-571301

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... PETITIONERS

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(BY SRI.SANDESH.T.B, ADV.)

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AND:

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1.	THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING, DR B.R. AMBEDKAR VEEDHI BENGALURU-01 REPRESENTED BY ITS SECRETARY
2.	THE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T T M C 'A' BLOCK SHANTHI NAGAR, BENGALURU-560027 REPRESENTED BY ITS SECRETARY
3.	ELECTION OFFICER PRIMARY CO OPERATIVE SOCIETIES AND JOINT REGISTRAR OF COPERATIVE SOCIETIES BENGALURU REGION BENGALURU-01
4.	DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570 023
5.	RETURNING OFFICER OF KERGALLI PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD MYSURU TALUKU MYSURU DISTRICT-571301
6.	KERGALLI PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD MYSURU DISTRICT-571 301 REPRESENTED BY ITS CEO …RESPONDENTS
(BY	SRI.B.V.KRISHNA, AGA FOR R1, R3-R5 SRI.T.L,KIRAN KUMAR, ADV. FOR R2 R6 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(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

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP, 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 in W.P.Nos.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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S. Raju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

S. Raju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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