Disposed

Anne Gowda v. the State of Karnataka

Karnataka HC9 Aug 2021WP/208/2020

Case brief

AI extract

What is this about?

The petitioner members of a primary agricultural credit cooperative society challenged Sections 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act as ultra vires the Constitution. The court disposed of the writ petition in similar terms to a prior order dated 04.08.2021 regarding W.P. No.48973 of 2019.

What did the court decide?

Writ petition disposed of in similar terms to order dated 04.08.2021 in W.P. No.48973 of 2019. No costs.

Anne Gowda Vs the State of Karnataka — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.208 OF 2020 (CS-EL/M)

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BETWEEN :

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ANNE GOWDA S/O MANJEGOWDA AGED 68 YEARS

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ACCHUTHA MOORTHY S/O MANJEGOWDA AGED 60 YEARS

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P M KRISHNEGOWDA S/O MANJEGOWDA AGED 70 YEARS

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SUBRAYA GOWDA S/O THIMMEGOWDA AGED 68 YEARS

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S T JAGANATH S/O THIMMEGOWDA AGED 68 YEARS

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KRISHNEGOWDA S/O THIMMEGOWDA AGED 65 YEARS

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H L LAKSHMAN GOWDA S/O PATEL LINGEGOWDA AGED 58 YEARS

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H L SUBBEGOWDA S/O PATEL LINGEGOWDA AGED 56 YEARS

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H A PUTTTEGOWDA S/O ANNEGOWDA AGED 72 YEARS

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A M SUBBEGOWDA S/O MANJEGOWDA AGED 59 YEARS

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H L GOPAL GOWDA S/O PATEL LINGEGOWDA AGED 57 YEARS

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M N SHANTHI W/O S V SHANKAR AGED 65 YEARS

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P A CHANDREGOWDA S/O ANNEGOWDA AGED 70 YEARS

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S M NARAYANA GOWDA S/O MANJEGOWDA AGED 70 YEARS

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P A MUGAPPAGOWDA S/O ANNEGOWDA AGED 76 YEARS

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S V SUBRAMANYYA S/O VENKATAPPAGOWDA AGED 65 YEARS

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YASHODHAMMA W/O MUGAPPAGOWDA P A AGED 65 YEARS

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P L DEVARAJ S/O LINGEGOWDA AGED 65 YEARS

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B G DEVENDRA S/O GIDDEGOWDA AGED 55 YEARS

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A U LATHA W/O P L MALLESH, AGED ABOUT 60 YEARS,

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P A MANJUNATH GOWDA S/O ANNEGOWDA, AGED ABOUT 68 YEARS,

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B S NARAYAN GOWDA S/O SUBBEGOWDA, AGED ABOUT 58 YEARS,

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P L SHRIDHAR S/O LINGEGOWDA, AGED ABOUT 55 YEARS,

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D M PRAVEEN S/O MANJEGOWDA, AGED ABOUT 53 YEARS,

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B K CHANDRASHEKAR S/O KRISHNEGOWDA, AGED ABOUT 54 YEARS,

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M T RAMYA W/O P.L.DEVARAJ, AGED ABOUT 54 YEARS,

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M P RENUKHA W/O B C MANJUNATH, AGED ABOUT 57 YEARS,

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B H SATHISH S/O HIRIYANNAGOWDA, AGED ABOUT 40 YEARS,

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T P HEMAVATHI W/O B G CHANDREGOWDA, AGED ABOUT 60 YEARS,

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GOKUL SARGODU S/O S V SUBRAMANYA, AGED 45 YEARS,

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B G KUSHA S/O GOPALGOWDA, AGED 51 YEARS,

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P S SUDEV S/O SURENDRA, AGED ABOUT 30 YEARS,

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B H SUMA W/O RAJAPPA GOWDA, AGED 65 YEARS,

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B J BASAVARAJ S/O JUNJEGOWDA, AGED 53 YEARS,

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A M SAVITHRI W/O P A MANJUNATH GOWDA, AGED 65 YEARS,

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KANAKA W/O A M MANJUNATH GOWDA, AGED 65 YEARS,

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M H RAVI S/O HUCHEGOWDA, AGED 43 YEARS,

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M H SATHISH S/O HUCHEGOWDA, AGED 45 YEARS,

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A M RAJAPPA GOWDA S/O MANJEGOWDA, AGED 60 YEARS,

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KUNDEGOWDA S/O B S SIDDEGOWDA AGED 70 YEARS,

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P M GEROGE S/O METHEOW AGED 50 YEARS,

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N P SHEKAR S/O PUTTEGOWDA AGED 46 YEARS,

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A M MAHESH S/O MANJEGOWDA AGED 50 YEARS,

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SUKRTH A K S/O A R KOLLAPPA GOWDA AGED ABOUT 38 YEARS,

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KOUTILYA S/O A R KOLLAPPA GOWDA AGED 38 YEARS,

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N P NAGESH S/O PUTTEGOWDA AGED 50 YEARS,

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B P MANJUNATH S/O PUTSWATHEGOWDA, AGED 55 YEARS,

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G S SHASHIDHAR S/O SEETHRAMAYYA AGED 38 YEARS,

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D K CHANDRASHEKAR S/O KRISHNEGOWDA AGED 52 YEARS,

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D.K.NARAYANA S/O KRISHNEGOWDA, AGED 50 YEARS

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B.L.PRAKASH S/O LAKSHMAN GOWDA, AGED 50 YEARS

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A.M.ANNAPA GOWDA, S/O MANJEGOWDA, AGED 63 YEARS

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T.RAJSHEKAR S/O THIMMEGOWDA, AGED 55 YEARS,

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SHILPA K.M. W/O T.RAJASHEKAR, AGED 46 YEARS,

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PALACHANDRA G.S. S/O SEETHARAMAYYA, AGED 55 YEARS

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O.K.SATHSH S/O KUNDEGOWDA, AGED 50 YEARS

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N.R.VIJENDRA S/O RUDREGOWDA, AGED 42 YEARS

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MUGAMMA W/O RAMBADREGEOWDA, AGED 70 YEARS

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PRAVEEN B.L. S/O LAKSHMAN GOWDA, AGED 48 YEARS

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D.B.RAMESH S/O BOBEGOWDA AGED ABOUT 65 YEARS

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A.C.MOORTHY S/O CHANDREGOWDA AGED 50 YEARS

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T.B.ARAVINDA S/O BOJEGOWDA AGED 50 YEARS

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T.B.ARUNA S/O BOJEGOWDA AGED 54 YEARS

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H.T.JANARDHAN S/O THIMMEGOWDA AGED 65 YEARS

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H.T.GOPAL GOWDA S/O THIMMEGOWDA AGED 67 YEARS

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H.T.GIDDEGOWDA S/O THIMMEGOWDA AGED 67 YEARS

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H B VANITHA W/O R.NAGESH AGED 55 YEARS

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K.M.KRISHNA S/O MANJEGOWDA AGED 55 YEARS

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B.L.DHARMEGOWDA S/O LINGEGOWDA AGED 55 YEARS

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U.D.SHANKAREGOWDA S/O DEVAPPA GOWDA AGED 55 YEARS

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D.P.DEVAKI W/O CHINNEGOWDA AGED 58 YEARS

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D.P.ESHWAREGOWDA S/O PUTTSWAMEGOWDA AGED 66 YEARS

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M.H.NARAYANA GOWDA S/O POOVAPPA GOWDA AGED 65 YEARS

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K.S.JHONEY S/O SAKRIAS AGED 50 YEARS

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M.R. NARAYAN GOWDA S/O RAMEGOWDA AGED 68 YEARS

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H.S.PUTTEGOWDA S/O SIDDEGOWDA AGED 65 YEARS

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K.C.BADREGOWDA S/O CHIKKEGOWDA AGED 66 YEARS

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T.S.VARADHARAJ S/O THIMMARAJ AGED 66 YEARS

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M.R. RAMESH S/O RAMEGOWDA AGED 52 YEARS

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JAYA W/O KRISHNA BHANDRAI AGED 45 YEARS

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M.R. SHRINIVAS MANABUR S/O RAMEGOWDA AGED 50 YEARS

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H . E THIMMAPAGOWDA S/O ERAPPAGOWDA AGED 63 YEARS

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NOOR MOHAMMAD S/O SHEKH MOHAMMAD ISMAIL AGED 65 YEARS

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RAGINI K GOWDA W/O A R KOLLAPLPA GOWDA AGED 65 YEARS

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K C CHANDREGOWDA S/O CHIKKEGOWDA AGED 65 YEARS

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RAJAMMA W/O RAMEGOWDA AGED 70 YEARS

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DEEPAK S/O GURUVAPPA GOWDA AGED 38 YEARS

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PUTSWAMEGOWDA S/O PUTTEGOWDA AGED 70 YEARS

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D.M. HEGDEGOWDA S/O MALLEGOWDA AGED 63 YEARS

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B S KUNDEGOWDA S/O SIDDEGOWDA AGED 70 YEARS

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K NEELAVATHI W/O NAGAPPAGOWDA AGED 60 YEARS

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H SHRINIVAS S/O HANUMANTHAPPA AGED 65 YEARS

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H K MANOJ KUMAR S/O KALEGOWDA CHANDRAHALLI AGED 52 YEARS

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B L PRADEEP S/O LOKESH AGED 42 YEARS

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B T KRISHNEGOWDA S/O THIMMEGOWDA AGED 68 YEARS

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K M CHINNEGOWDA S/O MANJEGOWDA KORANAMAKKI AGED 62 YEARS

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KRISHNA S/O SABU BHANDARI AGED 52 YEARS

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A R SUHAKAR S/O RAMEGOWDA AGED 46 YEARS

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N P RAMESH S/O PUTTEGOWDA AGED 48 YEARS

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H L RAMESH S/O LINGEGOWDA AGED ABOUT 48 YEARS

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A J NAGAPPA GOWDA S/O JATTEGOWDA AGED ABOUT 68 YEARS

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M S VISHALAKSHI W/O A J NAGAPPA GOWDA AGED ABOUT 62 YEARS

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RONALD PERIS S/O LORENCE PERIS AGED ABOUT 60 YEARS

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H N SHRIDHAR S/O NAGAPPA GOWDA AGED ABOUT 55 YEARS

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B T SHRINIVAS S/O THIMMEGOWDA AGED ABOUT 58 YEARS

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M R SHIVANNA GOWDA S/O RAMEGOWDA AGED ABOUT 62 YEARS

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H P BOBANNA S/O PUTTAGOWDA AGED ABOUT 55 YEARS

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B P GOPAL GOWDA S/O BASAVEGOWDA AGED ABOUT 65 YEARS

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YASHODHAMMA W/O SHESHEGOWDA AGED ABOUT 65 YEARS

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K S SANDESH S/O SHESHEGOWDA AGED ABOUT 42 YEARS,

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C C PRASHANTH S/O C R CHANDREGOWDA AGED ABOUT 43 YEARS,

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K G SURESH S/O GIDDEGOWDA AGED ABOUT 55 YEARS,

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YASHODHA POORNESH W/O POORNESH AGED ABOUT 60 YEARS,

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PRAMODH B L S/O LAKSHMAN GOWDA AGED ABOUT 48 YEARS,

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D K PUSHPA W/O T D RAJEGOWDA AGED ABOUT 57 YEARS,

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B D KAMALA W/O DEVEGOWDA AGED ABOUT 55 YEARS,

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PETITIONER No.1 TO 116 ARE THE MEMBERS OF PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD SANGAMESHWARAPETE, VILLAGE AND POST CHIKKAMAGALURU TALUK AND DISTRICT-577136 …PETITIONERS

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(BY SHRI. DEVI PRASAD SHETTY, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS PRINCIPLE SECRETARY 2. THE STATE CO OPERATIVE ELECTION COMMISSION 3^RD FLOOR TTMC, A BLOCK SHANTHI NAGAR BANGALORE-560 027 REPRESENTED BY ITS SECRETARY 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCITIES DISTRICT ELECTION OFFICER NEAR ZILLA PANCHAYATH, K M ROAD, CHIKKAMAGALURU TOWN CHIKKAMAGALURU DIST-563102 4. RETURINING OFFICER PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD SANGAMESHWARAPETE, CHIKKAMAGALURU TALUK AND DISTRICT-577136 5. PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD KAVADI, ADDAGADDE SANGAMESHWARAPETE CHIKKMAGALURU TALUK AND DISTRICT-577136 BY ITS CHIEF EXECUTIVE OFFICER ... RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1, R3 & R4; SHRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; -R5 SERVED) . . . .

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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-iv)(a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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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.

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In view of the said order, this petition is

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disposed of in similar terms as per order dated 04.08.2021 passed in W.P. No.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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SPS

Anne Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Anne Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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