The High Court of Karnataka disposed of this writ petition challenging the Karnataka Cooperative Societies Act, relying on a previous order dated 13.03.2020 covering identical matters.
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
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 09th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.148187/2020 (CS-EL/M)
BETWEEN:
2 . SRI.KUTBUDDEN DASTAGIR JAKATI S/O DASTAGIR JAKATI AGED ABOUT: 55 YEARS, MEMBER OF THE HUKKERI RURAL ELECTCI SUPPLY SOCIETY (N) BELAGAVI, MEMBERSHIP NO.47696, R/O: SARAPURA, HUKKERI TALUK, BELAGAVI DISTRICT-01.
...Petitioners
(By Sri.GANGADHAR J. M. AND Sri.PRAVEEN P TARIKAR, ADVS.)
AND
2
DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR,
BENGALURU-560001.
2 . THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, T.T.M.C. "A" BLOCK, SHANTINAGAR, BENGALURU-560027, REPRESENTED BY ITS SECRETARY.
….Respondents
(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1; SRI.HEMANTHKUMAR L. HAVARAGI, ADV. FOR R2 TO R4; R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) OF THE KARNATAKA COOPERATIVE 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 ‘B GROUP’, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the petitioners and learned counsel appearing for respondent Nos.2 to 4 and Sri.Shivaprabhu S. Hiremath, learned Additional Government Advocate for respondent No.1 submitted that the above writ petition is covered by a decision of this Court in Writ Petition Nos.204109-113/2018 and 204142-144/2018 and connected matters disposed of on 13.03.2020.
parties is placed on record.
Sd/JUDGE
Kgk
1 issue framed by the court
Whether the writ petition should be decided independently or in terms of a previous decision on identical facts.
Colour shows how this judgement treated each authority
connected mattersFollowed¶29
Writ Petition Nos.204109-113/2018 and 204142-144/2018
Sri Lava R. Katti Ors.
State of Karnataka
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
