Petitioner challenged the validity of specific sections of the Karnataka Co-operative Societies Act. The Court disposed of the writ petition in terms of a previous order upholding the Act's validity for elections held after the order's pronouncement.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.1939 OF 2020 (CS-EL/M)
BETWEEN:
SMT. RASHMITHA D/O BIDUGU NAIKA AGED ABOUT 25 YEARS R/A GULLADI BELURU VILLAGE, KOTA KUNDAPURA TALUK – 576 221.
…PETITIONER (BY SRI. PRABHATH A.P., ADVOCATE)
AND:
2
OFFICER COMPLEX MANIPAL UDUPI DISTRICT – 576 201.
...RESPONDENTS
(BY SMT. RASHIMI PATEL HCGP FOR R1,3 & 4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R-2; R-5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243 ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
3
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) 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.
No costs.
Sd/JUDGE
RR
1 issue framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act is ultra vires the legislative competence and Articles 243ZI and 243ZO of the Constitution.
Colour shows how this judgement treated each authority
W.P.No.48973 of 2019Referred¶22
3 provisions across 2 enactments
SM. RASHMITHA D/O BIDUGU NAIKA
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE STATE CO-OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,UDUPI DISTRICT
SRI. K.R. ROHIT
KOTA SAHAKARI VYAVASAIKA SANGHA NIYAMITHA
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court