Dismissed
Keni Fisheries Co. Operative Society Ltd. Keni v. the State of Karnataka
Karnataka HCWP/148299/2020
Case brief
from the order text
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HIGH COURT OF KARNATAKA DHARWAD BENCH DATED…
What the court decided
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HIGH COURT OF KARNATAKA DHARWAD BENCH DATED…
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 17th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.148299/2020 (CS-EL/M)
BETWEEN:
1 . KENI FISHERIES CO OPERATIVE SOCIETY LTD KENI SOCIETY LTD KENI REP. BY ITS PRESIDENT, PRAKASH S BHUTE AGE 52 YEARS, R/O KENI, TQ ANKOLA, DIST UTTARA KANNADA. 2 . MEENUGARARA SAHAKHARI SANGHA NIYAMITA KANGIL REP. BY ITS PRESIDENT RAJU T HARIKANTH AGE 45 YEARS, R/O KANGIL, TQ ANKOLA, DIST UTTARA KANNADA. ...Petitioners (By Sri.SADIQ N GOODWALA, ADV.) AND 1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU. 2 . THE KARNATAKA CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTINAGAR, T.T.M.C. A BLOCK, SHANTINAGAR, BENGALURU 560027, REP. BY ITS SECRETARY. 3 . THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI ASKAR ROAD,
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BENGALURU 560052.
4 . RETURNING OFFICER ASSISTANT REGISTRAR OF CO OEPRATIVE SOCIETIES, KARWAR SUB DN KARWAR, DIST KARWAR.
5 . JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, BELAGAVI DIVISION AND BELAGAVI DIVISIONAL SECONDARY CO OPERATIVE SOCIETIES/ SOUHARDA CO OPEARATIVE RETURNG OFFICER
….Respondents
(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1, R3 & R5; SRI.HEMANTHKUMAR L. HAVARAGI, ADV. FOR R2 & R4)
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 AND LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners and learned counsel
appearing for respondent Nos.2 and 4 and Sri.Shivaprabhu S. Hiremath, learned Additional Government Advocate for respondent Nos.1, 3 and 5 submitted that the above writ petition is covered by a decision of this Court in Writ Petition
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Nos.204109-113/2018 and 204142-144/2018 and connected matters disposed of on 13.03.2020.
Sd/JUDGE
Kgk
Colour shows how this judgement treated each authority
Writ Petition Nos.204109-113/2018Followed¶17
Writ Petition Nos.204109-113/2018
Writ Petition Nos.204142-144/2018Followed¶17
Writ Petition Nos.204142-144/2018
KENI FISHERIES CO OPERATIVE SOCIETY LTD
MEENUGARARA SAHAKHARI SANGHA NIYAMITA
STATE OF KARNATAKA
KARNATAKA CO-OPERATIVE ELECTION COMMISSION
REGISTRAR OF CO-OPERATIVE SOCIETIES
RETURNING OFFICER
H.T. NARENDRA PRASAD
As recorded by the court registry
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