Disposed

Hillur Seva Sahakari Sangha v. the State of Karnataka

Karnataka HC29 Sept 2021WP/148373/2020

Case brief

AI extract

What is this about?

This judgment dismisses writ petitions challenging the validity of Section 20(2) of the Karnataka Co-Operative Societies Act, 1959. The Court found the petitions infructuous based on a prior order dated 04.08.2021 in W.P.No.48973/2019 and disposed of them accordingly.

What did the court decide?

The writ petitions were disposed of as infructuous in terms of the order dated 04.08.2021.

Hillur Seva Sahakari Sangha Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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W.P. No. 148368/2020 (CS-EL/M) C/W W.P.No.148373/2020 (CS-EL/M)

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IN W.P. No. 148368/2020

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BETWEEN:

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GRAMEENA VYAVAA SEVA SAHAKARI SANGHA NIYAMITHA AGASUR, TQ: ANKOLA, DIST. UTTAR KANNADA, BY ITS DIRECTOR GOPAL KRISHNA NAYAK

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VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA VANDIGE TQ ANKOLA, DIST UK, BY ITS VICE PRESIDENT HONAPPA BOMMAYYA NAYAK

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VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA BHAVIKERE TQ. ANKOLA, DIST. UK, BY ITS PRESIDENT RAVI JOGI NAYAK

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PETITIONERS

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(BY SRI SADIQ.N.GOODWALA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING, BENGALURU

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2 . THE KARNATAKA CO OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, SHANTINAGAR, TTMC, A BLOCK, SHANTINAGAR, BANGALURU 560027, REP. BY ITS SECRETARY

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3 . THE REGISTRAR OF CO OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI ASKAR ROAD, BANGALURU 560052.

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RETURNING OFFICER FOR KENERA DISTRICT CENTRAL CO OPERATIVE BANK, SIRSI, ASST. REGISTRAR OF CO OPERATIVE SOCIETIES, DIST. KARWAR

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JOINT REGISTER OF CO OPERATIVE SOCIETIES BELGAVI DIVISION AND BELGAVI DIVIIONAL SECODNARY CO OPERATIVE SOCIETIES/ SOUHARDA CO OPERATIVE RETURNING OFFICER

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KENERA DISTRICT CENTRAL CO OPERATIVE BANK SIRSI, ASST. REGISTRAR OF CO OPERATIVE SOCIETIESS, DIST. KARWAR, BY IT GENERAL MANAGER

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VYAVASYA SEVA SAHAKARI SANGHA NIYAMITA ANDLE. TQ: ANKOLA. DIST: UTTARA KANNADA REPRESENTED BY CHIEF EXECUTIVE OFFICER SHIVANAND PARAMESHWAR NAIK AGE: 40 YEARS, OCC: SERVICE, ANLE, TQ: ANKOLA, DIST: UTTARA KANNADA 581314.

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GAJANAN SHASHIDHAR GAONKAR., AGE: 37 YEARS OCC: BUSINESS, R/O MOGATA, TQ: ANKOLA, DIST: UTTARA KANNADA 581314.

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AGGARGONE GROUP GRAMAGALA SEVA SAHAKARA SANGHA NIYAMITA, BY ITS PRESIDENT SHRI. VIJAYAKUMAR SUBRAY NAYAK AGE: 50 YEARS, R/O AGGARGONE, TQ: ANKOLA, DIST: UTTARA KANNADA, PIN: 581319.

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RESPONDENTS (BY SRI V.S. KALASURMATH, HCGP FOR R1, R3, R5; SRI HEMANTHKUMAR.C.HAVARAGI, ADVOCATE FOR R2 & R4; SRI ANANT HEGDE, ADVOCATE FOR R7 & 8; SRI. MURTHY D NAIK, ADVOCATE FOR R9)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT

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SECTION 20(2) (A-I) (A-IV) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRUS AND LEGISLATIVE COMPETENCE AND VIOLATIVE OF ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND ETC.

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IN W.P. No. 148373/2020

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BETWEEN:

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HILLUR SEVA SAHAKARI SANGHA NIYAMITHA HILLUR, TQ ANKOLA DIST UTTAR KANNADA BY ITS PRESIDENT BEERANNA NAYAK.

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PETITIONER

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(BY SRI SADIQ.N.GOODWALA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING, BENGALURU

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2 . THE KARNATAKA CO OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, SHANTINAGAR, TTMC, A BLOCK, SHANTINAGAR, BANGALURU 560027, REP. BY ITS SECRETARY

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3 . THE REGISTRAR OF CO OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI ASKAR ROAD, BANGALURU 560052.

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RETURNING OFFICER FOR KENERA DISTRICT CENTRAL CO OPERATIVE BANK, SIRSI, ASST. REGISTRAR OF CO OPERATIVE SOCIETIES, DIST. KARWAR

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JOINT REGISTER OF CO OPERATIVE SOCIETIES BELGAVI DIVISION AND BELGAVI DIVIIONAL SECODNARY CO OPERATIVE SOCIETIES/ SOUHARDA CO OPERATIVE RETURNING OFFICER

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KENERA DISTRICT CENTRAL CO OPERATIVE BANK SIRSI, ASST. REGISTRAR OF CO OPERATIVE SOCIETIESS, DIST. KARWAR, BY IT GENERAL MANAGER

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VYAVASYA SEVA SAHAKARI SANGHA NIYAMITA ANDLE. TQ: ANKOLA. DIST: UTTARA KANNADA REPRESENTED BY CHIEF EXECUTIVE OFFICER SHIVANAND PARAMESHWAR NAIK AGE: 40 YEARS, OCC: SERVICE, ANLE, TQ: ANKOLA, DIST: UTTARA KANNADA 581314.

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GAJANAN SHASHIDHAR GAONKAR., AGE: 37 YEARS OCC: BUSINESS, R/O MOGATA, TQ: ANKOLA, DIST: UTTARA KANNADA 581314.

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AGGARGONE GROUP GRAMAGALA SEVA SAHAKARA SANGHA NIYAMITA, BY ITS PRESIDENT SHRI. VIJAYAKUMAR SUBRAY NAYAK AGE: 50 YEARS, R/O AGGARGONE, TQ: ANKOLA, DIST: UTTARA KANNADA, PIN: 581319.

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RESPONDENTS

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(BY SRI V.S. KALASURMATH, HCGP FOR R1, R3, R5; SRI HEMANTHKUMAR.C.HAVARAGI, ADVOCATE FOR R2 & R4; SRI ANANT HEGDE, ADVOCATE FOR R7 & 8; SRI. MURTHY D NAIK, ADVOCATE FOR R9)

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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-I) (A-IV) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRUS AND LEGISLATIVE COMPETENCE AND VIOLATIVE OF ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND ETC.

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THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioners submits that the

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petitions have become infructuous, * in terms of the order dated 04.08.2021, passed by this Court in

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W.P.No.48973/2019.

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Submission is placed on record.

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Petitions are disposed of, * in terms of the order dated 04.08.2021, passed by this Court in W.P.No.48973/2019.

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Sd/JUDGE

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* [Corrected vide Court order dated 06.06.2022]

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Sd/SRKKJ

Hillur Seva Sahakari Sangha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Hillur Seva Sahakari Sangha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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