This writ petition challenged the validity of specific amended sections of the Karnataka Co-operative Societies Act and sought directions for holding elections without compliance thereof. The court disposed of the matter relying on a precedent.
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.
DATED THIS THE 6TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.2093 OF 2020 (CS-EL/M)
BETWEEN:
W/O P SHIVAKUMAR AGED ABOUT 55 YEARS SHARE NO.143
2
AGED ABOUT 47 YEARS SHARE NO.
8. SRINIVAS S/O CHANNAIAH AGED ABOUT 35 YEARS SHARE NO.132
3
19. RAMANNA
4
25. NAGARAJU
26. MAHADEVA
5
34. SIDDEGOWDA S/O MARIGOWDA AGED ABOUT 67 YEARS SHARE NO.10/1
35. S RAMESH
41. MARIYAMMA
6
SHARE NO.86
7
AGED ABOUT 70 YEARS SHARE NO.11
8
W/O M S SHIVANANJU AGED ABOUT 68 YEARS SHARE NO.165
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69. MALLEGOWDA S/O MALLEGOWDA AGED ABOUT 59 YEARS SHARE NO.7/2
71. DEVARAJU
75. PRAKASH
10
85. KALAMMA
11
SHARE NO.116
ALL THE PETITIONER ARE MEMBERS OF RANGASAMUDRA PRATHAMIKA KRISHI
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PATHINA SAHAKARA SANGHA NIYAMITHA T NARASIPURA TALUK, MYSURU DISTRICT.
…PETITIONERS
(BY SRI. JAI PRAKASH REDDY M, ADVOCATE)
AND:
...RESPONDENTS
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(BY SMT. RASHMI PATEL, HCGP FOR R1, R4 & R6; SRI. T.L.KIRAN KUMAR, ADV FOR R2 & R3; R5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF APPROPRIATE NATURE 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; ii) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPARIATE WRIT OR DIRECTION, DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE RESPONDENT NO.5 SOCIETY FOR THE TERM 2020-24 WITHOUT INSISTING FOR COMPLIANCE OF SECTION 20(2)(a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT; iii) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF RESPONDENT NO.5 SOCIETY AND ETC.,
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) and (a-v) shall
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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
2 issues framed by the court
Whether the amended provisions of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act are ultra vires the legislative competence and fundamental rights.
Whether direction should be issued to conduct elections without compliance of Section 20(2)(a-iv) and (a-v).
2 provisions across 2 enactments
SIDDEGOWDA S/O KULLAMMANA SIDDAIAH AND OTHERS
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION COMMISSION
THE CO-OPERATIVE ELECTION AUTHORITY
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
THE RANGASAMUDRA PRATHAMIKA KRISHI PATHINA SAHAKARA SANGHA NIYAMITHA
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court