Petitioner challenged validity of amended electoral provisions under Karnataka Co-operative Societies Act. Court disposed of the writ petition in similar terms as a prior judgment dated 04.08.2021, holding validity upheld for future elections.
Writ petition dismissed on the basis of a previous order upholding the validity of the impugned provisions.
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 27TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.177/2020 (CS EL/M)
BETWEEN:
K R SEETHARAMA NAIK S/O RAMAIAH, AGED ABOUT 70 YEARS, R/AT 530, 5TH CROSS, 2ND PARALLEL ROAD, RAVINDRANAGARA, SHIVAMOGGA 577201
... PETITIONER
(BY SRI.CHANDRASHEKAR, ADV.)
AND:
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(BY SMT.RASHMI PATEL, R1-3 & R6 SRI.T.L.KIRAN KUMAR, ADV. FOR R4 R5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARATION AND TO DECLARE THAT SECTION 20(2)(a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRUS THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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)
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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.
of in similar terms as per order dated 04.08.2021 in W.P.Nos.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
VM
1 issue framed by the court
Whether Section 20(2)(a-v) of the Karnataka Co-operative Societies Act, 1959 is ultra vires legislative competence and Articles 243ZI and 243ZO of the Constitution of India.
3 provisions across 2 enactments
K R SEETHARAMA NAIK
THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION
THE REGISTRAR OF COOPERATIVE SOCIETIES
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
THE STATE CO-OPERATIVE ELECTION AUTHORITY
CITY CO-OPERATIVE BANK LTD
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
